Loading...
01-12-1993 ..r PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday,. January 12, 1993 at 7:00 P.M. in the Municipal Complex conference room, ~ 1400 Schertz Parkway, Schertz, Texas.. Those present were as follows: PLANN~TNG ZONING ~COMMISSION`~ ~ `OTHERS~~:PRESENT~ • ~ : . BQB. ANDREWS,. CHAIRMAN ~ ~ MARK "VAUGHAN, ~ ~ ~ GEORGE VICK,.VICE-CHAIRMAN. VAUGHAN HOMES OLIVER NELSON, SECRETARY ROBERT LEININGER, MERWIN WILLMAN FISHER ENGINEERING KEITH. VAN DINE... WYVON NELSON . . BOBBIE. ;~O1~ADA ~ ~ : LEShIE'•. R. ~~KEL$EY~ • ~ ` , . KEN ~GREENWALD, . COUNCILMAN ~ ~ . CITY STAFF MEMBERS ABSENT STEVE SIMONSON, DAVID RICHMOND ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECRETARY #1 CALL TO ORDER Chairman Andrews called. the.me.eting to .order at 7:00 P.M. #2 .PUBLIC HEARING: To receive citizen input on a regues.t from C . P . Vaughan ~ f or a. front . yard set- . back exception to the requirements of the Zoning Ordinance. Exception is for two points of encroachment (1.7 LF & .07 LF} of Lot 10, Block 1, The Gardens Subdivi- sion Chairman Andrews explained the procedures that would be followed for the public hearing and that Planning and Zoning has ten days to make its recommendation to City Council. Mr. Andrews then asked for Staff input. Steve Simonson reported that 62 letters had been sent to property owners effected by this requested exception. Eight _ letters were returned - 6 in favor, 1 opposed and 1 not a property owner. Leslie R. Kelsey of 890 Garden Circle was present and spoke in _ favor of the requested exception. _ #3 ADJOURNMENT OF PUBLIC HEARING There being no further discussion, Chairman Andrews closed the public hearing at 7:04 P.M. . The Schertz Planning and Zoning Commission convened in a regular session, after the public hearing, in the Municipal Comp ex conference room. #4 CALL TO ORDER Chairman Andrews called the meeting to order at.7:05 P.M. #5 APPROVAL OF. MINUTES:. Putblic Heari,ng~ and Regular Session ~ ~ . ~ December :1992 Bobbie ~Vonada made ~~a motion to approve the minutes for the public hearing and regular session :December 8, 1992. Oliver Nelson seconded the motion .and the vote was as follows: . AYES: B. Andrews, G. Vick, O. Nelson,~B;~Vonada ~ NAYS: None - ABSTENTIONS: M. Willman, K. Van Dine Motion carried. #6 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #7. CONSIDER AND MAKE RECOMMENDATION:. Request from C .P. ~ ~ ~ ~ .Vaughan ..fc~r ~gecial .Exception to the Zoning ~ . Ordinance ~ - Bobbie Vonada asked if anything can be built behind the ditch and was told no by Steve Simonson. Mr. Simonson went on to say this encroachment is on the cul-de-sac, no utilities are effected, and the Staff recommends approval. Chairman Andrews pointed out this is an R-5B area which requires a 10 foot front yard setback and this home is back 20 feet because it was established that way on the plat. Therefore, the requirement for an exception. Mervin Willman made a motion to recommend to City Council approval of the request from C.P. Vaughan for a 1.7 LF and .07 LF front yard setback exception to Lot 10, Block 1, The Gardens Subdivision. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Request for Prelim- - inary Plat Approval - Greenshire Estates Subdivision (PC #187-93) - -Mark Vaughan of Vaughan Homes was at the meeting to represent this .request. - - Chairman Andrews asked for Staff input. -2- Steve Simonson reminded the Commission of the checklist attached to the plat and remarked this is a very, very preliminary plat, there are a Tot of things not on it. All things listed according to the ordinance will be required for final plat approval. One major variance requested would be that this subdivision be accepted with a. private street. Utilities will be dedicated to the City. The entrance, from . .Green Vahley Road :will _be controlled. by an .e.lectro.nic gate..;• - . Mr. Simonson further stated that~one main area of .concern,.is. access .Nand the Commission can see . f'or themselves~'ahatthis was presented to the Water/Wastewater, EMS,, Fire and Police Departments for their comments. Police Chief Agee doesn't anticipate any problem,. but mentioned a possible problem in the futurebecause.. of .access; _ . Chairman~Andrews asked if the two'~harge.homes across ahe street n from this proposed subdivision have a' 'roadbuilt ~'in accordance with City codes and Steve Simonson replied they do not. However, a right-of-way was designated to meet City requirements and a 50' wide easement for ingress/egress was dedicated in case of future development. There was discussion on the radius with Steve Simonson saying the curve meets the City's :requirements. Mark Vaughan informed the Commission .the entire subdivision is • only six. ~c~es~ which ~ has,: a11..:b.,een.:bbught by..one :person. That=: ~ person; Roy Richard; is~ building one large home in the . subdivision .and then, going to, sell off the•.,other lots. There were originally 17 lots, but it has been cut down to 9. Mr. Vaughan said he is at the meeting to represent Roy Richard because he will be building his home for him. Mark Vaughan went on to say they will dedicate right-of-way to the City for maintenance of the utilities, a Homeowners' Association will maintain the drive and there will be two gates at the entrance, one electronic and one manual. Chairman Andrews inquired if the Homeowners' Association will maintain the gates and Mark Vaughan replied yes they will. Bobbie Vonada then asked where the gates will be located- and Mark Vaughan replied approximately 4D' off Green Valley Road. There was some concern about what would happen in case of a power failure, but Mark Vaughan reminded the Commission one of the gates will be manually operated. -Chairman Andrews then asked about the width of the gates and. was- told by -Mark Vaughan they-will be 16' gates. Steve Simonson confirmed that was adequate for emergency vehicles. -3- Mark Vaughan pointed out the six acres is surrounded by floodplain, so they cannot expand.. In looking at the plat, Merwin Willman asked why the difference in setbacks on lot 6. Mark Vaughan replied they thought that would be more of a sideyard setback where .the other is a.front, so~it would give that particular lot.,a.iittle more room. ~Cha~irman.. ~ ~.Andr.ews ~ asked • What~•type~ 'of~ ~~s.treet.:, cons~tructi:on.` is. _ _ . . ~.~'be.ing.. considered. ` Mark~~ Vaughan..replied. right :now ..th~ey.'re , . •1oQking at~. asphaht, ~ but•. haven't :co:un•Ced ~out.''a11~~ cgncretc. ~ ~ If ` ~.-they decide. to. go. with curbs., it.will probably be. 6" ribbon ~ curbs. . Merwin Willman commented .that .with .the: type.; ofhomes ~they're.:~; punting i:n tYere, ~ ~ they.ought to~~ puts iri curbs• and ~ a good . ~stre~t•.:~ Bobbie Vonada questioned `who will be building 'the houses in this subdivision and Mark Vaughan replied he hoped he would be. There was more discussion on the private street with Merwin Willman pointing out that if they want the Police Department to patrol it, they will have to draw up a contract with the City. Chairman Andrews stressed that the Police Department won't patrol a private street unless they are called. Steve Simonson said that's true, but if '.the~Homeowners' Association .should, . . • ~:~dec~de they. want some .police .patrol, then. they. w:ould~ `need a ~ • , . . contract with. the City:.: ~ . Keith Van Dine expressed some concern about what happens if there's a fire, the gates.. are closed, and no one can find the key to the manually operated gate:.. Will the City be .held .liable for knocking down a gate? Will they just have to stand by helplessly and let a house burn? Mr. Van Dine indicated he would feel more comfortable if something were worked out with the City. Mark Vaughan assured Keith Van Dine some arrangements could be made with the City and suggested that probably each emergency department will have a key to the gate. Mr. Vaughan also hinted that perhaps the Homeowners' Association would not object to them having the electronic code. Chairman Andrews asked if the gates are going to be the swing or the rolling type and Mark Vaughan replied he thinks they've decided on the swing type. Chairman Andrews suggested tabling the plat until a better preliminary plat is :submitted. Mr. Andrews' reasoning was that the ordinance say within 30 days after the preliminary plat- is formally filed with the Commission, they :.shall conditionally approve or disapprove it or conditionally approve it with modifications. If not done in 30 days, it is -4- considered automatically approved. Mr. Andrews said he feels this is a very rough preliminary plat and what they're really looking at on this is the conference prior to a preliminary plat. Merwiin Willman -reminded. the Commission they also'-have to consider parkland in connection with this plat. - . ~ Chairman Andrews asked if :ahis- area 'had been. p~.atted -previously . ~ - ~ - and- Mark Vaughan replied nb:it had. not although the water..and - ~ ~ sewer ' ~ awe there ~ ~ - Steve ~3monsor~ and'- several- Commissioners ~ ~ - - thougfit it had ,been : platted.. before : Merwin Willman acknowledged it had been platted as Oak Run Subdivision and....-the final;~pla,t.was,.Si.gned on April~l4; 1983. . ~t-eve. ~ ~Simorison ~dded~:-.- he-_does~n't think~~-it~-.was °e~:er~'~ recorded~~ ~ - because the Commissionstipulated it wouldn.'t be recorded - - unless there was construction-~on the property, but he will check.- Mark Vaughan related that~a title search had been done and no recorded plat was found. Keith Van Dine made,a motion to table, as incomplete, the request for preliminary .plat approval of Greenshire Estates. until a better preliminary plat is submitted. George Vick seconded the, motion and the .vote was... unanimous in .favor. otion -Carried. - . - - - #9 CONSIDER AND TARE APPROPRIATE ACTION:. Request.~for Prelim- inary P-l at Approval - Bunker Road Subdivision (PC #187-93) Robert Leininger of Fisher Engineering was at the meeting to represent this request. Chairman Andrews asked for Staff input. Steve Simonson commented there was a lot of concern about the septic system and the ordinance reads that as long as the entrance to the septic system is outside the 100 year floodplain, it is okay to build. The blue shaded area on the plat is the 100 year floodplain and every lot is encroached by the floodplain. Fisher Engineering did a survey and. claims some areas of every lot are up out of the floodplain. This property_is not in the City limits, it is in our ETJ. We have to deal- with the requirements of the Subdivision Ordinance. Most of the lots will have a problem with the 100 year floodplain as far as access and the City Engineer has a problem -5- with the floodplain information provided by Fisher Engineering. - Robert Leininger explained that this plat, like the one presented by Mark Vaughan, is very preliminary. Mr. Leininger told the .Commission that what. they see in front of them is a partial drainage study., He said he does not~see any way around the access. • Robert Leininger. then ~~ncsted ~hg~~.had a`.new set of ~~drawings ~ with ~ ~ him. and ~ asked Steve Simonson i f: he -could show -them to~ the • . . .-Commission: Mr: Smonson~~point~d out "it'~wouhd~~be~~better~ to~ stick with _ the drawings .already presented::.and~ s-ubmit.~ the ` new ones at another time. Robert Leininger remarked, the FEMA study:;.is;:.bas.ed~.on~~a map .(.-and`: t~tere`is ~ some room for error~•on. a map) ,.;.but they- also pr~ovide.~ you with .backwater- comgutati-ons:- ~ ~ . Chairman Andrews asked Mr. Leininger if he can get FEMA to change its mind and Mr. Leininger replied not unless Fisher Engineering does a full study. Robert Leininger then stressed they used information provided to them by FEMA, but there is some latitude between what is shown on drawings and what is actually in the field. Oliver Nelson:brought u~ floo_d.insurance and questioned ~who'.s. - re~s•porisi.bi.lity .it : is . to . get. at. when'. a. property: is; surveyed and:- ~ . ~ fourd~~to be~ in the floodplain. ~ It~`was .agreed; riaturallX, it is . the' responsibility of the property owner. ~ . Robert Leininger mentioned he had spoken with the City Engineer. -.who agreed with some of Fisher Engineerings findings. Chairman Andrews pointed out to Mr. Leininger that the letter in their package from the City Engineer does not say that, it definitely states they have to comply with the FEMA standards. Bobbie Vonada asked Robert Leininger what they plan on building in the area and Mr. Leininger replied mainly single-family housing since that's what's already there. Merwin Willman remarked there is still the requirement to bring housing. up out of the floodplain and wondered if the developer is familiar with all the costs involved in doing this. Robert Leininger mentioned the owner of the property has probably :filled in the land in some places,. but there is no - official map revision to verify it. Merwin Willman expressed the opinion he would like -for the City Engineer to give the Commission: more definite information - on the floodplain before they make. a decision.on-this. -6- Chairman Andrews referred to Article V, Flood Hazard Areas, of the Subdivision Ordinance and asked the Commission if they wanted to table this request or disapprove it. George Vick made a motion to disapprove the request for preliminary plat approval of Bunker Road Subdivision until they comply with Article V of the Subdivision Ordinance. Keith-Van Dine.- seconded .the motion. and.. the 'w.ote~ ~ was unanimous ~ ~in .=favor... . ~ ~Moti,on carried: ~ ~ ~ _ #1:0~ PUBLIC MEETING: ~ To receive citizen input an the fu~ure~ ;of': Coun~ty~, .State . and Federal Services, Recreational Areas, Educational Facili- ties and Public Housing ~ There.' were : no ~ citizens ~ present ~ for ~d~i~scussi~ori: " ~ ~ County, State and Federal Services ~ Bobbie Vonada made a motion to approve the section on County, State and Federal services, as written. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. Recreational Areas Oliver Nelson.. asked if. there's any. chance of getting more 'parkland : in the undeveloped: area: between the ° 'park.= and t.he:. Resurrection Baptist Church. Steve Simonson indicated he has . been che~king.-into that'...' Keith Van Dine made a motion to approve the section on Recreational Areas, as written. Oliver Nelson seconded the motion and the vote was unanimous in favor. Motion carried. Educational Facilities Keith Van Dine made a motion to approve the section on Educational Facilities, as written. George Vick seconded the motion and the vote was unanimous in favor. Public Housinct Bobbie Vonada asked if there ar.e plans for more public housing and Chairman Andrews replied. yes, but the big hold up is allocation of funds. Oliver Nelson made a motion to approve the section on Public Housing, as written. Bobbie Vonada seconded the motion and the = vote was unanimous in favor. Motio.n.carried. After a brief discussion, it was decided that~Utilities will be the next section of the Development and Growth Plan to be reviewed. -7- n #11 GENERAL DISCUSSION Keith Van Dine: (a) Brought up the fact ..again that the roads in the $chirmerville area are deterio:rating.: - . ~ '(.'b) - Menti~one~.: .that" -the .•:water ~~line `behind." Shady Acres: always " - _ ~ • . seems . ;to be- :brew:king:_.•. -"Steve Simonson ~~said ~he ~zould 'check info. ,.it. ( c ) Referred..- t~. -theplat brought in.. this: evenn on Greensh~re: ~ ~ - g Estates and the checkl-istattached to it. Mr.~ Van Dine commented that when he sees 7 items checked. complete and 22. - tems checked .incomplete, .•he. feels-. a little .uncomfortable about : . ~ • ~ that ~"situation:. _ • - • . (d}- Referred. ~ next "to the plat... submitted for Bunker Road Subdivision and noted that as~far as FEMA requirements, the Commission is locked in and should deal with these things immediately. There was some discussion about what FEMA will allow, about floodplain maps and about the study that was done on the 100 year ultimate build-out of-.Schertz. Chairman Andrews commented that we need to require a drainage study when .something like . the Bunker, Road plat, •.is broug~ht.:in.. ~ . ~ ~ .Oliver ~~Nelson: • • - • . ~(a) Asked if~anything can"be done about all the dirt and dust- . from Beck Concrete that accumulates on FM 78. Councilman Ken .Greenwald noted that Ben~Davis has extended the concrete and sweeps the area to try and alleviate the problem. Mr. Greenwald also remarked that Mr. Davis has asked the City: to sweep the area, but they can't because it's a state highway. Mr. Greenwald stated the subject was brought up at City Council workshop and the City Manager is going to get together with Ben Davis and try to work something out. Chairman Andrews .asked Mr. Greenwald to keep the Commission appraised of any developments. Bobbie Vonada• (a) Asked the status of the proposed name change for Jack~Hays Bivd. - Merwin -Willman related it was tabled at the last City Council . meeting and is on the. agenda of the workshop tomorrow. evening. -8- Councilman Ken Greenwald: (a) Reported that the process has started. on the Tax Increment Financing Plan. There will be a public hearing on March 16, 1993.. . Steve Simonson: - - - ~ : (.a) Todd. the ~ Comm%sson :that: -as~. far as FM 3009~.:f~s concernedy - there wild be no letting of.~the contract in January ,.for ~ ~ ~zidening.. t~ a$:~originally-thought.-. Two 'other- players; 'the Corp- of . Engineers and..the :Department: of the:Interior have ~ to sign - - off on the plans. . There . .was also. a brief. problem, With the Historical ~ - Society .:abau~ the` home "north. of ~F:roboese~'s,until ~~the ~ City- .-canvinced.~ them what . particular ~hous~e 'had been moved 'in to it's.present: ~ocation.fr.om somewhere else: ~ - It looks now as if the letting of the contract may be in March, but don't hold your breath. Oliver Nelson asked what happened to the work the railroad was supposed to do at the .tracks on FM 3009/ FM 78. Steve Simonson replied they are working on the tracks at First Street instead: Bobbie Vonada asked-i,f what sh.e heard is..true,.that the cost. fbr -moving, all ..the.: waterlines ,was .unnscessa~r...~`.Steve Simonson - replied that''s~`correct. .The City was~workng on 'the time frame given to.them by:the-D:epartmerit o~f..Transportation.and since the ~ - waterlines were supposed to have been moved by January the City had to contract the job out. As it turns out, had the City known the lines would not have to be moved until March they could have done the work themselves, a little at a time, and saved a little over $100,000. Mr. Simonson pointed out that it's not the City's fault - the Highway Department tells us the schedule and we have to comply. (b) Asked the Commission for some direction on the parkland requirements for Greenshire Estates. This is the first .subdivision to have to comply since the ordinance came into effect. - Merwin Willman read from the ordinance and said since there's only 9 lots involved it would be $225 per dwelling unit they would have to contribute. The Commission agreed. Mr. Simonson then noted the City will have set up a park fund. Oliver Nelson asked-when this fee is payable and Steve Simonson replied at the time of ffinal platting. -9- • Mr. Nelson then asked if it's a one time fee and-was told it is. Georcxe Vick (a) Commented that . since it'' s a .new year, he' 'feels the .Commission should, not, table. many items. Mr. Vick said- he's sure some tabled .items from~.~he: past ~hage never: been~.~ .brought ~ : . back : up:..~ ~ ` < ~ ~ - ~ ~ . • ~ . ~ (:b}. Reminded ~tlie ~ Commiss~•on: that 8 ~ years agci "•today~ was ~ :,when , ~ San:Anton,io.~:got ~1.3.:inches ~:a~ . snow:: ~ ~ : , _ Before adjournment, Keith .Van Dine remarked he had one more thing . to.,;say.... Around ..Chrs.tmas time thePolice :Department •was: . ::balled ~ for . ~assstance•~: ~t ~ ~Shady;~Acres~ .and .,the ~owne~ was ~ tad : Shady. ACres.~.is. not:~in the _ City of~ ~chertz.•~. ~ :This is,.tYie second time that has happened. _ Steve Simonson said he will see to it that is straightened out. Chairman Andrews suggested the Police Department call Bobby Herrera, the owner, and apologize. # 12 ADJOURNMENT Chairman ,..Andrews a~d j ourned 'the meeting :at~ 8 : 4 0.: P ..M : ~ . ~ ~~•The next ~regularly~ scheduled ~meetirig~~'is. January. ~6~, :~1993~ -10-