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08-24-1993 :r- PLANNING AND ZONING MINUTES r The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, August 24, 1993 at 7:00 P.M. in the Municipal Complex conference room 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN IGNACIO N. PENA GEORGE VICK, VICE-CHAIRMAN JAMES C. BOX MERWIN WILLMAN, SECRETARY DARWIN PEEK DAVID RICHMOND DON MCCRARY TONY MORENO PIA JARMAN CITY STAFF KEN GREENWALD, COUNCILMAN STEVE SIMONSON, MEMBERS ABSENT ASST. CITY MANAGER NORMA ALTHOUSE, KEITH VAN DINE RECORDING SECRETARY #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session August 10, 1993 Merwin Willman made a motion to approve the minutes for the Regular Session August 10, 1993. David Richmond seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND MARE RECOMMENDATION: Request-from RayCo. Inc. for Special Exception to the Side Yard Setback Requirements of the Zoning Ordinance as Follows: ' A. 3825 Habersham - 1'7" Special Exception for a Bay Window B. 3908 Davenport = 1:7".Special Exception for a Bay Window Merwin Willman suggested this item be tabled until the Commission discusses Item #9 on the agenda regarding-side yard setbacks.. The Commission agreed. #5 CONSIDER AND MARE RECOMMENDATION: Request from Darwin and Patricia Peek for the Rezoning of an 8' Acre Tract of Laid from R-1 (Single - Family Dwelling District) to R-4 (Apartment/Multi- Family Dwelling District) Darwin Peek was at the meeting to represent this request. Chairman Andrews asked for Staff input. Steve Simonson informed the Commission this property would be served by Tiny Elm which is in Woodland Oaks and there is also an entrance from Maske Road. Mr. Simonson further stated it is surrounded by Residential zoning with General Business across the road from it, and there is access to water and sewer. Mr. Simonson indicated the main concern of the Staff is the fact that Maske Road is an unimproved rt~ad and of limited right-of-way at this time. George Vick asked Darwin Peek if the Commission hadn't had a similar request from him a couple of years ago and Mr. Peek replied it had been four years ago, and the request at that time was for a zoning of Neighborhood Services which was disapproved. Darwin Peek spoke at this time saying he thinks R-1 zoning is unrealistic and feels R-4 would be more appropriate. Mr. Peek then mentioned the wide gas line which runs through the property. Mr. Peek admitted that more people have talked to him about his property in the last three months than have talked to.him about it in the last four or five years. Mr. Peek went on to say the 8 acres he wants to rezone is the front part of his land, the back 5.8 acres is his residence, and the middle of Cotton King is the edge of his property. In talking around, he has determined there is a need for apartments in the City. Mr. Peek commented he doesn't know the status of long-range planning for Maske Road and access to Woodland Oaks, or if there's any possibility of either opening up to Schertz Parkway. Mr. Peek remarked he has had trouble -with transients coming across his property and also had to talk. with the. Dover people about crossing his property. Steve Simonson, in answer to the the possibility of Woodland .Oaks and/or Maske Road opening up to. Schertz Parkway, explained that developers have tried to work up a deal with property owners who front Schertz Parkway, but without luck so far;. Darwin Peek. admitted he's not sure if the land at the end ~of Woodland Oaks in the creek is zoned and Steve Simonson informed him it is part of the PUD. Merwin Willman expressed concern that Maske Road couldn't withstand any heavy traffic as it presently exists. -2- Chairman Andrews asked if there's any right-of-way larger than Maske Road right now and Darwin Peek replied he thinks the right-of-way is an easement from Mr. Bindseil and from Mr. Ackermann. Mr. Peek also mentioned the Tax Increment Finance (TIF) zone and said he thinks most all of the 8 acre tract is in that zone. Steve Simonson advised that the first 1,000' on each side of Schertz Parkway is in the TIF, so not all but probably part of the 8 acre tract is in the TIF. Chairman Andrews agreed there is a need for more R-4 zoning in the City, but feels Maske Road won't support that need in its present condition. Mr. Andrews felt that concern needs to be stated up front. Steve Simonson reminded the Commission that if the rezoning were approved, the area would still have to be platted at the time of development and at that time Maske Road would be taken into consideration. Merwin Willman questioned if this request meets the requirements of the ordinance for a zoning change and Chairman Andrews pointed out he thinks it would qualify as far as there having been a change in economic and/or environmental conditions. Steve Simonson expanded on that saying that's what the Staff looked at when this request came in. There are environmental changes from the original zoning as far as density. of the area and because of the. wide gas line, the area does not lend itself to R-1. After agreeing this request meets the requirements of the Zoning Ordinance for a zoning change (Article XIII, Section 2.2.2), Merwin Willman made a motion to recommend approval to City Council of the zoning change request and ask that they schedule it for a public hearing. George Vick wondered if the Commission shouldn't, in their recommendation, express their concerns about Maske Road. Merwin Willman- remarked it has no bearing on the rezoning request, but ,it can be included in the recommendation to City Council. The Commission agreed on this. Tony Moreno seconded the motion as made by Merwin Willman, with the inclusion of the Commission's expressed concern about Maske Road, and the vote was unanimous in favor.' Motion carried. Darwin Peek asked if there will be a joint public hearing on this and Chairman Andrews explained that City Council and the Commission each hold their own separate public hearings now. -3- #6 CONSIDER AND TAKE APPROPRIATE ACTION: Final Plat Approval- Dove Meadows Subdivision, Unit 1 Jim Box and Don McCrary were at the meeting to represent this request. Chairman Andrews asked for Staff input. Steve Simonson informed the Commission the street names had been changed so there are only two streets now with the name "Dove" in. them - Dove Meadows and Mourning Dove. Silvertree Blvd. will be continued on into this Subdivision. The Dove Meadows entrance has been reduced to an 86' right-of-way. All common areas have been clearly shown, and there is a statement on the plat saying the Homeowners Association will be responsible for maintaining the common areas. The proper floodplain statement is on the plat. - Mr. Simonson related the reason there are no owner's signatures on the plat is because the last name was spelled wrong and had to be corrected, so mylars did not get back in time. That will be taken care of before the mylars are signed off. Steve Simonson advised the Commission the developer has requested permission to put in model homes and sell lots prior to the building of the infrastructure. Mr. Simonson said according to the Subdivision Ordinance, Article II, Section 16.4, there are two authorizations the City can execute to accommodate this request. First, a plat will not be filed .until the developer has submitted.a 100 performance bond covering infrastructure construction, and second, the City will have an agreement with the developer that no Certificate of Occupancy will be issued, or any utilities turned on, before a preliminary inspection and acceptance of the infrastructure is completed by -the City. Mr. .Simonson indicated there was, something similar to this done in Savannah Square, Unit 1. Mr. Simonson noted the Staff recommends we accept this and that we so advise City Council because, even though it's authorized by the Subdivision Ordinance, it's sort of a policy .change from what we've: done in the past. .Another item brought up by Steve Simonson was that, normally., the City would require the developer to ,improve their part of .the unimproved road, in this :instance Borgfeld Road. It creates quite an engineering problem for the developer to do that in this case,_so in lieu of that, they have agreed to put an amount of money (as determined by the City) in escrow for the eventual rebuilding of the road. They have also agreed ~to put sidewalks along Borgfeld Road. Steve Simonson commented he feels they have enough guarantees to go forward-with approval of the plat. -4= David Richmond questioned if they will be showing the model homes before the: road is improved and Steve Simonson answered they will have.to have part of the road finished before the public can get through. Jim Box went on to say they don't want to lose momentum. Things have gone really well in Woodland Oaks and they want . that to carry over into Dove Meadows. It's an important factor in being able to sell the homes. Merwin Willman mentioned this is the first subdivision in the City to have all the utilities in front. In the past, the electric. has been in front of some of the newer subdivisions. Mr. Willman remarked he would like to know how the other utilities feel about this. Maybe we should have a written agreement from them saying it is appropriate and/or sufficient. Don McCrary explained that GVEC had approached them about doing this and both the telephone company and the cable company have looked at it and said they liked it. Jim Box mentioned it will be an experiment for them, but he likes it so well he is recommending Houston do it. The only disadvantage he can see is that the transformers will be in front instead of in back. Chairman Andrews added he likes the idea because over the years they have had more problems with easements in the back yard than any other single thing they've had to deal with. Don McCrary emphasized the utility companies will sign off on the plans before they are approved. Steve Simonson pointed out this is predicated on a change in the way they will be putting in sewer lines. The old way was to put the sewer line in the middle of the street. Now, from. every subdivision on, you will see sewer lines on one side and water lines on the other side Pia Jarman observed that having all the utilities in front will be great for dog owners, because dogs always bark when someone comes_in the backyard to read a meter. There was a brief discussion on whose responsibility it is to replace the front yard if it has to be torn up to repair something. Jim: Box noted that it should be the responsibility of-the utility company - not legally, but morally. Merwin Willman made a motion to approve the final plat for Dove Meadows, Unit 1 contingent on the following: 1. The- name of .the landowners will be correctly spelled as Sippel rather than Sipped; -5- 2. Building permits for homes will only be accepted, and the plat will only be recorded, once a 100 performance bond covering infrastructure construction is received by the City; 3. No Certificate of Occupancy for new homes will be issued, and no utilities for new homes will be turned on, until preliminary inspection and acceptance of the infrastructure has been completed by the City; 4. .Sidewalks will be built along Borgfeld Road; and, 5. Funds, in an amount determined by the City, for the improvement of Borgfeld Road, as it borders Dove Meadows Subdivision, will be put in escrow with the City. Tony Moreno seconded the motion and the vote was uLnanimous in favor. .Motion carried. #7 CONSIDER AND TARE APPROPRIATE ACTION: Site Plan Approval for Tri-County Business and Industrial Park, Unit 1B (Taco Bell) Steve Simonson requested this item be tabled because the site plan was not submitted. Item #7 was tabled until the site plan is submitted. #8 CONSIDER AND TARE APPROPRIATE ACTION: Final Plat Approval for Tri-County Business and Industrial Park, Unit 1B (PC # 198-93) Don McCrary was at the meeting to represent this request. Chairman Andrews asked for an update. Steve Simonson informed the Commission all of Lot 2 is now .shown and it shows how Lot 7 will take out a small portion. They want to show the 25' easement on the plat because they want. no questions about the access easement for some of those big trucks. They may work something .out for more. parking in the area because Taco Bell is going to be where the current truck parking area is located. Merwin Willman asked if they had been made aware they will have to replat if the access easement eventually goes all the way to Tri-County :Parkway and Steve Simonson. answered they have been apprised of that. Mr. Simonson advised the Commission if they recommend approval of this plat it will have to be contingent on the Site. Plan being received and approved. -6- Mervin Willman made a motion to approve the final plat for Tri-County Business and Industrial Park, Unit 1B contingent on a Site Plan being received and approved by the Commission. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. ~9 CONSIDER AND MARE RECOMMENDATION: Review of Side Yard Setback and Its Definition in Our Ordinance Chairman Andrews explained that a question about the exact definition of a side yard setback, and whether it is measured from the footprint or the overhang, has come up lately. Mervin Willman had prepared a package for the Commissioners containing minutes from the BOA where the side yard setback was discussed, the definition as it is in our Zoning Ordinance, and extracted information on side yard setbacks from several zoning ordinances. At Chairman Andrews' request, Mr. Willman read the definition as written in the Zoning Ordinance: "Yard, Side: A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto." Mr. Willman stressed that the definition needs to be clarified. Tony Moreno expressed the opinion that one thing which gets confusing when talking about projections is whether the roof overhangs. or the wall extends. If the wall extends and infringes on the passageway, it could be construed as a possible safety hazard. Mervin Willman remarked the number of feet is not as important right now as coming up with a clear definition. George Vick maintained that the current definition is clear to him. Steve Simonson pointed out to Mr. Vick that the current definition says or anv projections thereto; not and .anv ' projections thereto and that's what needs to be clarified. Mr. Simonson further stated you are putting quite a burden on the Inspection Department. If you say or-anv projections thereto, that's a subjective decision by the inspector, whereas if you specify either the footprint or the wall, that is something we can deal with. Normally sides don't: have projections, the fronts and backs do. Mervin Willman noted that a drive through the City showed that overhangs on houses in Schertz are approximately 12" to 15". Mr. Willman wondered then what the problem is if a bay window doesn't protrude any farther than .the overhang. -7- Steve Simonson reiterated that-the current definition of or anv projections thereto makes the decision for the inspectors very subjective. In the past, the decision would have been made based on tradition, but since so much emphasis was placed on separation of houses at the recent BOA hearing, the two requests from Rayco were put on the agenda this evening. David Richmond asked if or anv projections thereto were deleted from the definition, would there still be a problem and what would the decision be based on. Steve Simonson replied the decision would be based on the length of the wall. After further discussion, the Commission decided the definition should be amended as follows: "Yard, Side: A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the building." Merwin Willman reminded Chairman Andrews the setbacks for each zoning district had been included in the package and asked if they should be reviewed at this time. Mr. Andrews felt it best to discuss the individual districts some other time. Mervin Willman made a motion to recommend forwarding to City Council the amended definition for a side yard as written above, ask for comments, and suggest they schedule it .for a public. hearing. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. Item #4, tabled earlier in the meeting, was now considered by the Commission. #4 CONSIDER AND MARE RECOMMENDATION: Request from RayCo., Inc. . for Special Exception to the Side Yard Setback Requirements of the Zoning Ordinance as Follows: A. .3825 Habersham - 1'7" Special Exception for ' a Bay Window B. 3908 Davenport - 1'7" Special Exception for a Bay Window _Ignacio Pena of Rayco was at the meeting to represent this request. Mervin Willman. commented that based on discussion of the side yard setback, he feels this request is not necessary. -8- Chairman Andrews than asked if the Commission should go ahead and approve the requests from Rayco, Inc. and Merwin Willman pointed out they would have to go to the Board of Adjustment. Ignacio Pena brought up the fact that the issue of bay windows is addressed in the building codes and also a bay window is considered an architectural feature. Rayco has built other houses like this which were approved by the inspectors. The construction was stopped on these two houses because someone saw the bay windows and said they couldn't do that. Chairman Andrews explained to Mr. Pena the Commission is attempting to eliminate the need for a variance in these types of cases. Steve Simonson remarked that based on past experience, if these requests go to the Board of Adjustment, it's going to be anywhere from a month to six weeks before they are approved. Councilman Ken Greenwald suggested dropping the requests and letting the inspectors work off the suggested change to the wording in the definition. Tony Moreno wondered if it would be prudent to have the builder withdraw his request since the definition is changing. David Richmond expressed concern about a bay window that projects, say 19", which would be further than a 12" to 15" roof overhang. Is the decision on that subjective to the inspectors? Steve Simonson replied by saying he looks at the wall, not the overhang. Tony Moreno wanted to clarify that if the requests go to the Board. of Adjustment, then construction on these two houses is on hold. Steve Simonson acknowledged that's .correct. Ignacio Pena asked the Commission to consider the human issue. The houses have been sold and interest may go up if the closing date is delayed. Chairman Andrews told Mr. Pena that if these two requests are withdrawn based on the Commission's recommendation that the definition be changed, then this variance would not be needed and Rayco could 'continue on with construction. If, however, _ City Council should decide not to change the definition, then .every house after that, with a similar situation; would need a variance. Merwin Willman noted also, that along with the houses being already built, the inspectors have approved .others like them. -9- There was a brief discussion on Roberts. Rules as regards the withdrawing of a request and the action that needs to be taken on a tabled item. Pia Jarman remarked, -that according to Roberts Rules, if you table something and it's part of the official minutes,-:then you have to take action on it. At this time Ignacio Pena, on behalf of RayCo, Inc., officially withdrew the requests for 1' 7" side yard Special Exceptions for bay windows at 3825 Habersham and at 3908 Davenport. Pia Jarman made a motion to approve withdrawal of the requests from RayCo, Inc. ;for 1'7" side yard Special Exceptions for bay windows at 3825 Habersham and at 3908 Davenport. David Richmond seconded the motion and the vote was unanimous in favor. Motion carried. X10 CONSIDER AND MAKE RECOMMENDATION: Future Lise of Oak Forest Park Pia Jarman asked where Oak Forest Park is located and Steve Simonson explained it is to the back of Unit 3 of the Oak Forest Subdivision. Merwin Willman commented he thought the City had traded that for frontage, but Steve Simonson said no, the City paid $80,000 for it. Mr. Simonson told the Commission they should have a copy of a letter form a gentleman requesting to buy the property.. It is a parcel of land approximately 200' x 125'. Mr. Simonson further stated the homeowners in Oak Forest don't particularly want it as a public park,. but because of laws, we have to take the decision to the voters. The Commission would be recommending to City Council that this park be on the May City election ballot for abandonment as a public park and then. be put up for sale by-the City. Chairman Andrews, relating he had listed and sold several lots in Oak Forest, asked if there's a price on the land. Steve Simonson answered that the tax assessor has the appraisal of the land. George.. Vick asked if the park land ordinance would play any part in this but was reminded this existed long before that ordinance came into being. Chairman Andrews questioned if the Commission needs to make a motion and was informed they do. Geo=ge Vick made -a motion to recommend to City Council that the Oak Forest park be on the May City election ballot for abandonment as a public park and then be put up for sale by the City. Tony Moreno seconded the motion and the vote was - unanimous in favor. Motion carried. #11 GENERAL DISCUSSION David Richmond: Commented he thinks there are only two lots left unsold in the Greenshire Subdivision and they are on Bent Tree Drive. Steve Simonson added he thinks there are two others on Greenshire Drive. Tonv Moreno• Observed there's lots of building going on with. Dover in Woodland Oaks and Rayco in Savannah Square and he thinks they both only have a few lots left. Steve Simonson admitted there is a tremendous interest in Schertz. The "hot" city of the 1980's was Round Rock, but word is the "hot" city of the 1990's is Schertz. Youf taxes and your car insurance are lower just to mention a couple of things. A side issue may be the storm water runoff fees now being charged in San Antonio. The storm water runoff fees will eventually happen in Schertz, but we're going to do it in the right manner. Chairman Andrews reported he had read an article listing several approaches to the storm water runoff fees. Merwin Willman: Stated that on the noon news he heard about a new State law requiring a 48" fence, with locking gates that swing out, around swimming pools. Steve Simonson implied that's not new - the City has been enforcing it for quite a while. Councilman Ken Greenwald: (a) Revealed that in regard to water, a civilian environmental group is going back to Congress and the State because we're not doing things fast enough. They want the Houston ship channel to be swimmable, drinkable water and they want it right now. (b) Commented the Schertz Humane Society will hold a .Jubilee this weekend at the VFW. (c) Advised,- in case the Commissioners .missed the article in the Herald Newspaper, that the Texas Commission on Alcohol and -Drug Abuse has removed funding for CVADAC and at this point: it looks like CVADAC will close. Steve Simonson: Elaborated on Mr. Greenwald's remarks about CVADAC saying they -ll- have been in contact with every politician to try and get some help. CVADAC started here in 1980. Over the years they have become integrated with the schools, have helped unwed mothers., and have helped families with problems other than alcohol and drug abuse. The reason given for the decision is that they are conforming to federal directives for consolidation and will not fund overlapping agencies. Since there is either Seguin or San Antonio, both over twenty miles away, they figure the clients can always go there. Our position has been this is a rural county except for Schertz and Seguin. We have no real connection with Seguin and don't get any representation from Bexar County. This creates a,serious problem for people who need immediate medical help. George Vick• Referred to the graffiti popping up all over the City.. Chairman Andrews: Asked Norma Althouse if she had all the information she needed from the Commissioners regarding registration, room reservations and airline reservations for the APA conference. Mrs. Althouse said she had all the necessary information. #13 ADJOURNMENT Chairman Andrews adjourned the meeting at 8:50 P.M. The next regularly scheduled meeting is September 14, 1993. -12-