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07-27-1993 _.r--~f PLANNING AND ZONING COMMISSION MINUTES The Schertz, Planning,. and honing CQmmiss~On.-convened. in a • _ ~ regular. ~~segs~ion- on Tuesday;< Juhy 2.7;_ h993 at•~TS:00. p", m.. 'in :`the-. ~ - . -Municipal .Complex.. conference : room; : 1400 ~ SChert~- - ~Parkw~y ~ . Schertz, Texas . ~ Those pre~ent~. wera.. ~s follows;::- . - ~ - • PLANNING -AND --~ONhNG COMMISSION ~ ~ ~ ~ ~ OTHERS PRESENT BOB ANDREWS, CHAIRMAN. DON MCCRARY GEORGE VICK, VICE-CHAIRMAN DAVID LAMBERT MERWIN WILLMAN, SECRETARY• ~ H.B. WILLIAMSON - KEITH VAN. DINE. GERALDINE.:WILLIAMSON. DAVID RICHMOND. - ~ ~ ~ FRANK . KAPPMEYER - TONY MOR~NO-._-... . - - - - ~ ~ •FRANK GRANT ~ - - . .'PIA ~ ~JARMAN ~ . ~ ~ EMERY. ~tIC~iARD$ON. "KEN GREENWALD; COUNCILMAN FRED NIEMIETZ - CITY STAFF - STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SECY. MARK MARQUEZ, ADMINISTRATIVE ASST. - • # 1 CALL . TO ORDER - ~ - . . Chairman Andrews called the meeting to order at 7:00 p.m. - #2 CITIZENS' INPUT OTHER THAN AGENDA ITEMS ~ - There was .none. ~ ~ ~ - #3 CONSIDER AND MARE •RECOMMENDATION: Request from.. Winn's • Stores, Inc. for a 2' Special Exception to the Requirements of the Zoning Ordinance Allowing Them to Build a 6' Fence (BOA #4.8) Frank Kappmeyer was~at the meeting to represent this request. Chairman Andrews asked for Staff input. Steve Simonson informed the Commission that when W-inn's was .-built ,at the present location on Schertz Parkway there was an _ - - ordinance in effect which required them to put up an 8' fence, but apparently it was -never enforced.- Mr. Simonson went on to say it has not been an issue for a number of years, but lately it has been an issue with the Staff because there's a lot of trash back there and citizens are complaining. It doesn't appear .that Winn's is responsible for the trash back there, but the City wrote them a letter asking them to put up a fence. i Continuing on; Mr.. Simonson said they have a situation where _ - -technically, if they build a 6' foot fence, they wi:l_ have. an 8' foot front on the residential side, but from the back of the Winn's store .you wi~.l- hav..e a .6', wa~:1.. Mr Simonson indicated he ' believes ~ the ~ intent °of, tYie' ordinarice::was~` an: 8'' wd~i'1~~ ``:for: _ 'v. isua-1 . -purposes :.A ~ 6.': fence meets the requirements ~ :.of the ordinance from: the residential:'side. ~ ~ ~~2erwn. Willman observed that~~~Wu~st's' seems to have a 6~' fence: Chairman Andrews commented that it seems like back somewhere between. 1987 and.1989 the Commission had a request from Winn's ~ or :Wuest' s on that .fence . .Frank Kappme~er ,re.lated they: would; fiave .acted on :'this ..sooner, . . ~ hut..Haygood :Wi~ison,: who used'to: be. the.•C~ity's~ :point of ~ contact; ~ . • ~ . is `no•~'l,onger with Winn's.. ~ - . George 'Vick asked, if Winn's is going to build a fence the same height as the one Wuest's has, and Frank Kappmeyer replied that Winn's fence will be higher. Wuest's has a 6' fence on the residential side and a 4' fence on the business side - the foundation is up that high. . David ~ Richmond asked `ifthere ~ was any input from. .residerits~~ ~ in. the area .and Chairman Andrews indicated residents within so i many feet will be notified at the time of a Board of Adjustment hearing. Merwin Willman questioned if the City will require Wuest's to put up a higher fence and Steve Simonson. reminded Mr. Willman that Wuest's_ was here before the ordinance, so they were grandfathered. Chairman Andrews said he would like to be clear on his facts about the previous request. Merwin Willman suggested pressing on with the recommendation to _ the Board of Adjustment with research to be done before the hearing. . George Vick made a motion to recommend approval. to the Board of Adjustment of the request from Winn's Stores, Inc. for a 2' Special -.Exception to the requirements of the Zoning Ordinance _ = allowing them to build a 6' fence. Included in the motion was the recommendation that research be done on a possible previous request from Winn's on-a fence and also the recommendation that this request be scheduled for a public hearing. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Preliminary Plat Approval-Williamson Subdivision (PC #196-93) - - H.B. Williamson., .Geraldine Williamson and-Frank Grant were at.: ..the::meeting.: to represent. this request: - - ~ ~ - . . Chairman ~ .Andrews pointed -out. thin subdivision is in~ the:City's _ ~~TJ ~ 'of f Schaef er... Road . : Mr . - Andrews .then. askes~ . for .:S.taf f. input:.- - Steve Simonson stated everyone involved.with_this plat has been very patient in trying to work things out. -They .originally. - . wanted to subdivide into ten .lots, but ten wouldn't fit because of the state requirements for one-half acre per -septic tank . use. ~ ~ • . Mr:`- .3imonson~ mentioned : this. ~ is~•not~`~:a master. plan-~ -septic system, it~is individual lots. He has checked with the Public Works..Director~ on availability of water and a six.inch water line is going through this area on the frontage road. The area is in the County, it is not in a floodplain, it is outside the AICUZ, it provides for the electric easements, the lot size and dimensions are shown,. the-adjacent property owners t: are listed,~and there is~an.addit.ional ten feet ofded'icatio'n.- - to Bexar County for widening of the road which is necessary if it is ever annexed. This plat will still have to go before the Bexar County judge when the Commission is finished with it. George Vick asked why the little jog on the property and Steve Simonson replied because they have to have public access. Merwin Willman questioned if all the utilities are in the front and Steve Simonson replied the subdivision will be on septic- . system, but all the other utilities are in front. George Vick wondered if there's anything on the horizon as far as getting sewer lines in the area, but Steve Simonson indic-ated he didn't know of any in the foreseeable future. Chairman Andrews asked Geraldine Williamson if-she anticipates incorporating subdivision regulations such as setbacks and Mrs. Williamson replied yes she does. George. Vick inquired; since this is for mobile homes, if the lots .will be sold or rented and Mrs. Williamson replied_ they will be rented. - - - This prompted discussion about whether this should be a mobile home park or a mobile home subdivision. Steve Simonson stressed that you cannot apply zoning restrictions to an ETJ area. . - Frank Grant explained, that in his opinion, this is a _ subdivision. Mrs. Williamson-had it laid out in single- lots in case she ever decides to sell the lots off.' Bexar County. has approved the septic. system. • : ~ The~e.::was- then ~dscuss~ion about :Bexar ~'@c~unty's approval~.'~ ::Theire:~ ~ . .is one:.~mpbii.e~~home` per lot other than lot~''8.~: ''.It has: ttao mobile homes . ~ . How did _ they ,approve,. that .and: get ~ around ~ the. ~ state ~.requ;irements ~ ~ ~ ~ - ~ ~ ~ ~ Steve Simonsort commented the State requirements for septic systems stand unless a certified .engineer can prove that. ,less than one=.half acre will take the septic system and that is what .happened,in this case.... . ~ ~Bob_ Andre~is told Franke Grant . he would~~ Tike. to see something ~in ' - ~ ~ writing ~.~•from the. e~ngirieer about .lot..8•.. Mr. : Grant: remaxked he will have Sexar County send the Commission a letter. Merwin 'Willman made a motion to approve .the preliinina~ry plat for the Williamson Subdivision. David Richmond seconded the motion and the vote was unanimous in favor. Motion carried. #5 CONSIDER AND TAKE APPROPRIATE_.ACTION: Final.Plat Approval . ~ ~ ~ Richardson.. Subdivision` (PC. #195-93) Emery Richardson, David Lambert and Fred Niemietz were at the meeting to represent this request. Chairman Andrews asked for Staff input. . Mr. Simonson informed the Commission ,everything. is on the plat now.. It shows the 16' utility easement,. the necessary building setbacks, the location ~~map, ~ the floodplain statement; the' owners. of the adjacent property, the signature blocks, Lots 1. and 2, and the topography scale. The land is not in the floodplain and it is not in the AICUZ. Merwin Willman made a motion to approve the final plat for the Richardson Subdivision. Keith Van I}ine seconded the motion and the vote was unanimous in favor. Motion carried: #6 CONSIDER AND TAKE APPROPRIATE ACTION: Preliminary Plat - Approval Dove Meadows Subdivi"s ion. - ~ (PC #197-93) Don McCrary was at the meeting to represent this request. Chairman Andrews asked for Staff input. Steve Simonson acknowledged he is aware there are several things missing on the plat. The utilities are not identified, there are no block numbers, there is no floodplain statement, they need-to reduce the entrance on the Borgfeld right=of-w.ay. from 90' -to 86', and the adjacent-property owners are not listed. . - Merwii~: Willman asked ~ if ~ all-~~the~~ util~it~ies` ~~re Vin- the street: and - ~Don-..McCrary .answered that is,.the; plan: ~ - `Steve Simonson expanded .on that ~ idea .saying .this builder .has. - ~ `requested it and the Public Works; Dept: is considering it.- Don McCrary admitted it may get a little congested, but there are pros and cons. both ways. _ Merwin. Willman pointed out this builder had already. requested. - an~ exception • to the f rout yard :setback .,and . it .was approved . ~ ~ ..Steve ~~Smonson•` • commented. ~ what 9nre're talking ~ about. here : is ~ ~ - inside the~curb line. ~ ~ ~ - Merwin Willman indicated the situation would have to be solved before the Commission proceeds. Steve Simonson referred to the plat and told the Commission to look at the back of each cul-de-sac where it•-says "park'.' ,and said - ~.thas -concerns him~~. more than the ~uti~lities ~ in .the ~ street . ~ - From Dove Flyway to Dove White Wing and from Mourning Dove to Grey Feather these "parks" do not meet. Mr. Simonson acknowledged there had been some discussion about wanting to use some of the right-of-way bank as part of the walkway. Don McCrary related the plan is for a 17' walking path over the sanitary easement. Merwin Willman noted that when they say'"park".i.t leads him to believe the City will have to maintain it and this appears to be extra over what they've already designated as park land. .George Vick mentioned a triangle area on the plat, as Dove Meadows comes in,-which does not have a designation as to what it is. Steve Simonson pointed out there are two big questions .here. What are the utility arrangements and who maintains the walkway -if_it encroaches-into the City right-of-way? . Chairman Andrews asked if there would-be any kind of fence on - the walkway areas and Don McCrary answered there will be fence at the end of the cul-de-sacs. Mr. McCrary' reminded the Commission that storm water will have to run through there. Mr. McCrary told the Commission that these "park" areas are also called common areas or right-of-way areas and he doesn't think it was intended for them to be public areas but instead areas for the use of this subdivision only. -5- Steve. Simonson remarked that these_ need- to be cl-early delineated as common areas and there needs to be a statement on- - the plat specifically stating. it is the homeowners associations responsibility to .maintain :these..common.areas.. . • ~ . " ~ Chairman :Andrews. commented he would .Like. to see ~.a•,statemeht on the Plat saying they~are encroaching`on~City•right-of-way for walkways i f .the City is going to.: allow that.: ~ . Steve Simonson expressed the need to get together with the• •developer and/or engineer and come up with definit.ives on the .plat. as far as who maintains what. All this information would. - need to be duly recorded on the .plat . • ~ Keith. Van Dine questioned the ~City'~s: role ~if s.oineone were~~. t•o..~ . - ~ cause .trouble and:: the .police, had ~ to be ~ called ~ into ~ s~ne..of. these ; . ~ • common ~ areas Steve Simonson .said . it. would be ~treated~. like ~ ~ ~ . private property. Merwin Willman thought several of the lots appeared to be under 6,000 square feet but was convinced by several others he was measuring wrong and that all the lots are well over 6,000 square feet. r` . ~ ~Don~ • McCrary 'advis.ed that the triangle ~ area 'in question is also ~ a common area, it is a buffer area: Chairman Andrews suggested the triangle area be part of someone's lot. Steve Simonson pointed out that if it's a common area, it is the responsibility of the homeowners association to maintain it. Now referring to the streets, Chairman Andrews recommended changing Dove Flyway and Dove Meadows to Silvertree Blvd. to make it Silvertree Blvd. all the way through. Don McCrary commented that would be up to the~Post Office. - Steve Simonson pointed out if they do that, then .they won't. have a Dove Meadows and he knows the developer is going to want. a Dove Meadows in this subdivision. George Vick suggested eliminating Grey Feather and taking.- Silvertree. Blvd. up to the dead e_nd. Several Commissioners= thought that was a better idea: - Another suggestion by Chairman Andrews was, since the entrance is called Dove Meadows, take Dove Meadows all the way down instead of Dove Flyway. -o- Merwin .Willman made a motion to approve the preliminary plat - for Dove Meadows Subdivision contingent °on the following additions and/or corrections: 1:: S~how~~'t~tiTty: easeFrients : ~ 2. Clearly. delfleate between ~ dedicated public park and . homeowners as~soCiation common .areas 3. .Note :on.~ the plat the homeowners association responsibilities.concerning maintenance of common areas. 4. Show block numbers.. 5 . .Show current f loodplain. statement ~ . ~ . ~ .6.~ Show ~adjaaent property owners'.'' ~ . ~ ~ " 7. .Eliminate Grey Feather and continue Silvertree Blvd. into the dead end of the subdivision. 8. Reduce the Dove Meadows entrance to an 86' right-af-way and continue the name Dove Meadows as the name of the street thereby .eliminating the name Dove Flyway. 9~. ~ Clarify usage of 'the ~ drainage :easement ~as part of the walkway and 'who will maintain it if it is going to be used. Keith Van Dine seconded the motion and the vote was unanimous in favor: 'Motion carried. Mark Marquez. arrived at the meeting at 8:00 p.m. #7~ CONSIDER AND TARE APPROPRIATE.ACTION;~ Consideration of better. Disapproving Street Names Selected, - for Woodland Oaks, Unit 5 Chairman Andrews brought up the fact this had been discussed . briefly at the last meeting. Merwin Willman has drafted a letter to Duane Moy telling him we disapprove of the street names and asking. that new names be selected. George Vick made a motion to approve the letter drafted to _ Duane Moy .regarding .the disapproval,_ of the street names - - - .selected for Woodland Oaks, Unit 5 and send the letter forward.- . _ Tony Moreno seconded the motion and the vote was unanimous in - -favor. Motion carried. #8 CONSIDER AND MAKE RECOMMENDATION: Review .of Comprehensive Plan Fact Sheet Steve Simonson had composed a fact sheet giving a brief synopsis of what is contained in the Comprehensive Plan. -7- The Commission reviewed the fact sheet and made- only one suggested change. In the first paragraph the. word "effect"- - should be "affect."' . ` Mark<; Marquez`: suggested "that' instead . o~_ ca11'rig. it a~. fact sheet • ; ft~ be•. called an ~.exe~utive.. Summary:. ~ The Commission: agreed:. It was .determined. the Comprehensive.:;Pan is .now ,ready ,for a •final :revie~r .by the Commission:" ~ - " . #9 GENERAL-DISCUSSION - - David Richmond: • . ~ Asked;. since they . have• redone. the: railroad tracks. at• :FM. 3009 • . ~ and EM. •78'liow• w~h1 :~FN~. 3009 cross .the ~railroad~ tracks. four-or~ ~ . ~ ~ _ fi~ye -lanes. Steve.°Simonson replied. i~t• wtl be four lanes, they.~~ . will add that later. Keith Van Dine• (a) Mentioned potholes in the Schirmerville area. (b).Ask.ed Steve.Simonson.to let the Police Department know that someone as destroying mail boxes •in~ ~tlie Schirmervill.e .area: Pia Jarman• (a) Thanked Steve Simonson for the tour of the City. . (b) Mentioned that. graffiti has shown up in the Lane Oak Subdivision and someone in the same. subdivision had their car window shot out. Mrs. Jarman said she had heard of several other incidents about car windows being shot but; but didn't know if they were true. Mrs. Jarman commented it behooves us all to be careful. Merwin.Willman: (a) Reminded everyone of the AICUZ meeting on Thursday, July 29th at 10:00 a.m. at the Live Oak Civic Center. (b) Reported that at the last BOA hearing ,they had quite a discussion on terminology regarding side yard setbacks and _ whether or not the setback~is from the overhang or from th_e- footprint of the property. _ Mr. Willman noted that- our Subdivision Ordinance should clarify this specifically and it does not. He is doing some research and will put together a package=for the Commission. Steve Simonson commented that the Building Code talks about setbacks from projections. A question on this has come up lately because some of the new house plans in Savannah Square -8- call for bay windows which do project.. If a roof projects at the front ands at the back, there's usually rio .problem. A problem may come up if a roof projects on the sides. - ( c ) Told Steve :Simonson.. _~~'that ~ Jim' s Exxon- on Main' Street has a big .sign ,leaning against - a tre:e:. ~ ~ - . George Vick:: - ~ - ~ : - ~ . ~ ~ . ~ ~ ~ (a} Asked if the markings on the streets indicate places for repair and was told by Steve Simonson that is correct.. ~(b) Related he had heard Con Agra is looking for other-sites in which to locate and asked .Mark Marquez if he had.:.-invited them to consider-Schertz as a.possib.ility. ~ Mr. _ Marquez .said they •had been ~`invit.ed, ~ but as with mosa food chains, ,the number of rooftops is the-driving force. Councilman Ken Greenwald: (a) Informed the Commission the Board of Adjustment had a public hearing on the two special exception requests for Dove Meadows and. had approved the .front yard setback exception -f-or. . all ~ of :Dove Meadows. -.The ~side~ yard exception was-granted for only those homes .behind the greenbelt/drainage ditch and' not for the homes adjacent to Silvertree. . (b Further stated the Board of Adjustment also had a public .hearing on Debee Wolfgang's:special request for a doll house to remain in the easement behind her property. They approved it for a maximum of five years. If she should decide at sometime, .within the five years, to :put it on skids they will.reconsi.der - and allow her to leave it in the easement indefinitely. Steve Simonson: (a) Reported that Trammel Crow is inquiring about the Greenshire property. Mr. - Simonson said he told them everything the Commission has talked about as far as what they would like to see built in Greenshire. (b) Reminded the Commissioners they had received their APA _ conference, information this_ evening and he wi11~-~ need their _ decision at the next me_eting-as to whether or .not-they plan to attend. : (c) Stated the City has written a letter to Dale Stein of the State Highway Department asking for designated right turn lanes off Elbel and Borgfeld Roads onto FM 3009 once FM 3009 is widened. George Vick wondered if anyone had talked to the State Highway Department about using those portable cement dividers on FM -9- L ~ 3009.1ike they do on some other highways where they're working. Mr. Simonson commented he didn'-t know. - - - Chairman Andrews:.. - - - ~ ~ a) ..Asked,. ~_..,if when ~ soimeone `~.c~ets a permit to.:.:put up : ~ -a _ -fenc~,< does ,the .City Inspector check~to see if they're putting'. it in - the right place.. Steve. Simonson felt they probably just. look. -~at :the: submi ted : drawing to see i f~'everything ~ is right . - . (b} Inquired if there's an update on the status of the alley%sewer line at 501 Aviation and was .told they are still researching. it: ~ ~ - . #10 ADJOURNMENT . Chairman Andrews adjourned-the: meeting at 8:35 p.m. - ~ The next regularly scheduled .meeting is August 10, 1993. - ~