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11-23-1993 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission' convened in a' Regular Session on Tuesday, November 23, 1993 at 7:00 p.m. in • the . ~ Municipal Complex Canferen~e. Room; 14x0 Schertz ,Parkway, Schertz~,. Texas.` Those present were a~s. fol-lows: ~ - PLANNING & ZONING COMMISSION- OTHERS PRESENT BOB .ANDREWS, CHAIRMAN : ROBERT GLISAR-. MERWIN WII,LMAN, SECRETARY MARIANNE BULGRIN KEITH VAN DINE DAVID RICHMOND CITY STAFF TONY MORENO _ . _ . PIA JARMAN STEVE SIMONSON KEN GREENWALD, COUNCILMAN ASST. CITY MANAGER NORMA.ALTHOUSE MEMBERS'ABSENT RECORDING SECRETARY, GEORGE VICK, VICE-CHAIRMAN ~1 CALL TO ORDER Chairman Andrews called the meeting. to order at 7:00 P.M. #2 APFROVAL OF MINUTES: Regular Session November 9, 1993 Merwin Willman made a motion to approve the minutes for the Regular Session November 9, 1993. Pia Jarman seconded the motion and the vote was unanimous in favor. Motion carried. ~3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS- , Therms was 'Tiarie . ~ , , . ~4 CONSIDER AND MAKE RECOMMENDATION: Request from Marianne Bulgrin, 5317 Plaza Drive, for a Side Yard and- Front Ya-rd Setback Exception to the Requirements of the Zoning Ordinance Allowing Enclosure of a Carport (Tabled 11-9-93) Marianne Bulgrin and Robert Glisar were at .the- meeting to represent this request. Merwin Willman, citing personal reasons, disqualified himself from voting on this item. - Chairman Andrews asked for any update. Steve Simonson reminded the Commission that, traditionally, all carports throughout the City have not been authorized to be .enclosed. a Tony Moreno asked if tY~ere are `any instances of other carports in the City that go up to the front property line. Steve Simonson replied there are many instances, but those carports are-not enclosed... ,Mr. ,..:..Simonson .went. ©.n. to ::e.xplain. t.hat..Mara~.anne ~ulgrin's- fence - is, the._property line:.= the .,road. setback,. .is :.different: ;.~:Irl most... . subdivisions, the property line is 10.' back from the curb of the road. When the road is built, Mrs. Bulgrin's property line will be anywhere from 4 to 7 feet from the fence. Marianne Bulgrin spoke at this time and related she lives near. the highway, you can't protect anything, and items get stolen which results in higher insurance rates. Mrs. Bulgrin indicated she would like to enclose her>c:arport so things like riding- . ma~zers will. be safe .from, vandalism and:.also so .s.he will feel more secure. Chairman, Andrews inquired what the other building is that's on the. left and behind her mobile home and Mrs. Bulgrin answered it is a store room, but it is 'off the ground and she can't lift things like riding mowers and put them in there. Tony Moreno questioned what the building setback is for Mobile Villa Subdivision and was told by ..Chairman Andrews"the Mobile Home Ordinance requires a 10' setback. ..Mrs. Bulgrin's mobile home is set back 25'. Tony Moreno then observed if the carport were to be enclosed up to the building setback, Mrs. Bulgrin would be within the Code. Chairman Andrews agreed as long as she's 10' from the front yard. Mr. Moreno also remarked there would be no visua l obstruction as you go toward IH-35. Pi,a,:,:;:,~~rman: < noted .:that.:_the.,.pe~rs~na_~.~..s,ecur.ity.. as.p~ct ,conc.~rns.:.;. . . her. Because of the increase in crime, we owe it to ourselves to protect ourselves and one of the things the City should be looking out for is the security of the citizens of Schertz. After Mrs. Bulgrin expounded further on her need to feel more secure, .Chairman Andrews asked if it would be a burden to build a .garage on the other side of her mobile home. Mrs. Bulgrin emphasized she does not, want something. at her front door.. because she is the first property. Mr. Andrews expressed concern about the fact there is no separation between the proper-ty_line and the. proposed building. Mrs. Bulgrin pointed out it would not obstruct anything. _ David Richmond asked if there's a commercial building between Mrs. Bulgrin's mobile home and IH-35 and was told by Mrs. Bulgrin it is a commercial lot. -2- C Mr. Richmond then commented Mrs. Bulgrin could build her garage on that lot. :Mrs. Bulgrin's .response. .was she doesn't want to get into spending a lot of money, she just wants to enclose her carport: .Chairman.. Andrews implied Mrs. ...Bulgrin could. enclose her carport up as far as the. front of her mobile home. Tony Moreno questioned if a variance would be needed for her to do- that and. Chairman Andrews replied no;, .that. would not xequire . . a variance: Mr. Bulgrin remarked that would be defeating the purpose. David. Richmond wanted to .know if.:they c.an-make a. recommendation different than what is requested and Chairman Andrews answered they cannot. ..Pia Jarman made a motion to recommend to, the Board of Adjustment, in light of safety and security, approval of the request from Marianne Bulgrin of 5317 Plaza Drive for a Special Exception (front yard and side yard setback) to the Zoning Ordinance allowing her to enclose her carport. Mrs. Jarman's motion died for lack of a second. .David Richmond then-made a motion to recommend to the Board of Adjustment denial of the request from Marianne Bulgrin of 5317 Plaza Drive for a Special Exception (front yard and side yard setback) to the Zoning Ordinance allowing her to enclose her carport and asked that consideration be given to allowing her to enclose that portion of her carport up as far as the front of her -mobile home for reasons-of safety and security of ...,.>gersonal terns..., „ . . Pia Jarman seconded the motion and the vote was as follows: AYES: B. Andrews, D. Richmond, P. Jarman NAYS: T. Moreno ABSTENTIONS: M. Willman, K. Van Dine Motion did not. ,carry. Tony Moreno informed the Commission he was torn between three considerations - the need for safety, the fact there's no visual obstruction, and the possibility of setting a precedent if this is approved. There. ,was a re~riew of the previous discussion abot~t...enclosing the carport up as far as the front of the mobile home, and then a second vote was taken on .David Richmond's motion with the following results: -3- AYES: B. Andrews, D. Richmond, T.' Moreno, P. Jarman NAYS: None ABSTENTIONS: M. Willman, K. Van Dine This time the motion carried. Chairman Andrews.. advised Marian,ne.Bulgr.in.the,Commissi.on .will make its recommendation to the Board of Adjustment and Steve Simonson will contact her regarding a date for that hearing. #5 CONSIAER AND TAKE ..APPROPRIATE:ACTION: Application .for Home Occupation Permit from Harold `Ware, 505 Curtiss" Therewas:no one at the meeting„to represent this ;request. Chairman Andrews asked for input. .Steve, Simonson reminded the. Commission they have his notes on. this. Home Occupation Permit request. Mr. Ware runs a fencing company out of his home. Several Commissioners reported seeing anywhere from two to four trucks and two to three cars in the driveway and/or side yard of 505'`Curtss as early as . 7 c 30, a.m: Councilman Greenwald, noting Yiis son `had worked for Mr. Ware at one. time, informed. the Commission the crews go to 505 Curtiss and park their personal vehicles and take the trucks out. Merwin Willman commented you normally think of a home occupation as one that is performed in the residence. Stev:~.:.._Simn:n .an.. acknaw~.edged:._that .a.pme:_ home,:..acc:~zpaf.-ions..-.;.,frakin;g.:.. . place in a garage or building out back have been overlooked in the past when they didn't involve constant traffic and noise. Merwin Willman mentioned all the letters from the neighbors . saying they approve of Mr. Ware doing business out of his home even though it's the neighbors who are complaining about the traffic and the noise: Steve Simonson pointed out there is-not a letter from his next ..door neighbor and several Commissioners noticed that bne of the neighbors abstained. _ Tony Moreno stated he considers fencing a heavy type, of business - you need materials, vehicles and .per-sonnel. Mr.. Moreno then asked if Mr. Ware has storage somep-~ace else and _ only-uses his home for administrative purposes. Steve Simonson responded that's what he's claiming. However, the .City has had him clean up the back yard several times. Tony Moreno inquired if Mr. Ware has a construction yard and Steve Simonson answered the City doesn't know of one. _4_ Councilman Greenwald remarked his construction yard is at: his. residence.. .Keith ..Van Dine and Pia Jarman both expressed the opinion they don't consider this as~a home occupation business. - _ Merwin. Wi~.lman: wished Mr. Ware had attended the meeting ~o.~ answer questions.This prompted .discussion on whether. or not it is required that the applicant be present (Mr. Willman says it is required) and discussion also on whether or not Mr. Ware meets the. requirements. of a.homeoccupation..::It was decided ~~since the letter to him only stated it is ~"requested" not' "required" that he attend the meeting, that the Commission could go ahead with their decision. David, Richmond made .a mot.~.on to~ deny ahe request from Harold Ware for a Home Occupation Permit since the type of business he is conducting out of. his home is not of.a type authorized. by .the ordinance.. as;.a...home occupation arid. is contrary .to. the - intent o~ the ordinance., Pia Jarman seconded the motion and the vote was unanimous in favor. Motion carried. #6 ~ CONSTDER. AND ";MARE' RECOMMENI?ATION,:.. DiSC:us.Son oE. Having Ten Days After a Public Hearing-in Which to 'Make a Recommendation to City Council (Tabled 10-2.6-93 and 11-9-93) Chairman Andrews ask for any further input. Steve Simonson advised it had been researched and nothing was found in reference to the maximum number of days ahead of time you can publish a notice-for a public hearing. Merwin Willman made a motion to recommend to City Council that when it is required that both the Commission and the Council hold a public hearing on a request, sufficient time, not exceeding the next. regularly scheduled Planning and Zoning meeting, be allowed between the Commission's public hearing and the: recommendation to Council in order to allow review of all information from the citizenry. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. ~7 GENERAL DISCUSSION _ David Richmond: Stated, because of the construction on FM 3009, he has acquired an appreciation for traveling on Schertz Parkway. Chairman Andrews interjected a question at this point and asked -5- g Y:.,, . p . . when :.the hi. hwa. d~e artment i,s going to adtivate the left turn " ' ' signal at Elbel and FM 3009. Steve .Simonson .promised to give them a call. Keith Van Dine: (a~ Remarked on all..the.heavy duty .trucks traveling Ware-.., Seguin Road and asked if there isn't a weight limit on that road. Steve Simonson told Mr. Van Dine there was a weight limit on the road, but it expired and was never renewed. The trucks you see are going into the gravel _,pit and dumping concrete. Mr. Simonson went on to say that Kerry Sweatt is working diligent y with. the. trucking companytrying to x'.esolve the situation The company is trying ,t.o. buy,,;just a sliver-.of wand. . . for use as a temporary easement to get to the gravel pit. _ Keith Vail. Dine .declared they may be using an:altex'nate route.. - because he .saw a .detour .sign down by..,Shady Acres, ..Steve` Simonson said he will check into it. Councilman Greenwald advised there are two companies - Olmos working the streets and B.K. Knowlton working the taxiways and . _ they have botY subcontracted .out '-all of ther''haul'ng. . (b) Stressed 'that someone is going to Have to fill in the hole where the man ,parks the tuck to get water. You could lose a car in the hole. Steve Simonson said he would get someone out there. Pia Jarman• Asked if we're going to find out who will be herein December ;~.,..r., , ,:..acid:...C~.ai,-~man.;:~rtd.rews.: i. z~.d.c.at.ed.. he;..~zi:~.l...:do: hat;r,.:....:... ..r.:.:.:~:,...::,-..-. Merwin Willman: (a) Asked if we have a plat of Live Oak Hills Subdivision and _ Steve 5'imonson replied yes we do. Mr. Simonson then mentioned the herringbone fashion in which the plat was laid out and said there are several others like it, mostly in Bexar County. Merwin Willman commented maybe we should take a look at some of those old plats. - Steve Simonson informed the Commission there are some people looking seriously.at developing Live Oak.Hi.lls. The roads all- have a 60' right-of-way, .the lots are 65' x 120', and. there are many trees in the area. -6- ( )::Inquired ''if the public hearing date has been set for the renaming of Live Oak Blvd. and Steve Simonson replied it has not. _ , (c) Noted that in the Planning Magazine they discuss the Unif,ied,.. Devel,opzq~~t Code..(UDC.) ..,:.,.I!!ir..: Willman, indicated ....that. . when he.wrote,.the.,.Home Occupation. se.ction...for.the UDC he.made a number of changes. He has a book on home occupations if anyone wishes to .borrow it. Councilman Ken Greenwald: (a} Wondered if everyone knew the Justice Department shut down the new Edwards Aquifer Plan. Mr. Greenwald related he is scared they're going to turn it over to the Parks and Wildlife . Department. (b) Mentioned that some of our sister cities don't .think there will be pumping limits in the future. They're only kidding themselves...: . Chairman Andrews asked if it had ever gotten to the point of seriously reducing the pumping allowed and Councilman Greenwald. replied that supposedly the springs dried up in 1958. (c) ,Reported .attending a special Canyon Regional Water Autfiority (CRWA) meeting. They have approved bids for the water line across Lake McQueeney and bids for the storage tank. The clarifier is almost complete and should be available for use by May of next year. Mr. Greenwald further stated the problem is how to get from there to here. They are trying to get a grant to cut the costs for everyone (it could be done if everyone .joins together). :,.:..There:,,is <~F,ede.ral .arkd:::~Saate..:.~c~ney.:ava:-lab..le:.,:f.er.::these.:_grants At this time Chairman Andrews mentioned that, traditionally, the second meeting in December is cancelled, so the Commission might be thinking about that. Along this line, Steve Simonson related that both Wendy's and the developers for Dove Meadows II would like to get going on plats and will likely have them for our December 14th meeting. Mr. Simonson went on to say Wendy's wants to have a final plat at the December 28th meeting, but he doesn't know about Dove Meadows II. The Wendy's plat is very simple. Councilman Greenwald suggested that if it's that s'imple,_ have - the Wendy's preliminary and final both on the 14th. - Steve Simonson affirmed he has reviewed the Wendy'.s plat - it is just a lot. They will also be submitting a Site Plan and will be requesting sign variances. They want the same 75' -7- a ` Q height as everyone else around them, but they also want a~ 325 square foot sign. Chairman Andrews,, inquired who won the Taco Bell. dispute .and 'Ste~re Simonson answe-red he does not know. Steve::Simonson: (a) Advised he has a meeting December 2nd with Cal-Texx Homes. They are considering developing in the City of Schertz and are . currently looking at the Morton pr.operty;. (b)-Informed everyone .that. besides Deer Creek in C•ibolo, he had.' heard Hallmark-Ghormley picked up another 186 acres behind Dobie school. After hearing this, Merwin Willman again stressed the need to push; for improvement .of..Dietz Road._ Mr.. Simonson remarked Dover Homes has given the .Citty.metes and bounds for an extra 10' of right-of-way on Dietz Road aind the City is putting together a Quitclaim Deed. The City is doing everything it can. „ (b.) Requested ttiet everyone, :turn iri"their .COdo::boo:ks a~. - the December 14th meeting - the City. .is doing new ones. (c) Reminded the Commission they receive,.a lot of reading. material at the cost of $900 each year. They might be thinking about those that are helpful to them and those that are redundant. ,Merwin Willman commented that a while ago he had brought up the idea of using the APA advisory service. Keith Van Dine wanted to know if Mr. Willman is suggesting eliminating of some of the reading materials and using the advisory service instead. Mr. Willman admitted that's a possibility.. Chairman Andrews:. (a) .Inquired .about. the, 6.0 day time..lmit set for Morton. to, meet with the City regarding Sagemont. Steve Simonson indicated he did receive a letter from Sam Parnes saying they would meet with us, but if nothing°s happening soon, he will schedule them for the agenda of December_~14th. _ Keith Van Dine.interrupted_ at this point-to make a suggestion .-to...Steve.Simonson that he offer Wendy's the .idea .of expediting.-. their platting process if they drop the request. for variances. Mr. Simonson told Keith Van Dine he will speak with Wendy's, but won't make them any promises. -8- ` _ {b) Noted the City is tearing up Oak Street t+o repair it, so in the meantime the parking lots at Mary's Little Lambs, Goofy Golf and .One Star are being used as the road a.nd people have been... speed.irig . through . there Mr Andrews.:had:: requested speed - . , bumps and the City put them in and they have really helped slow ~tra f.f is down::~.._ .Thanks . , ~ . , ~ (c) Reported that when he was showing a house on River Road, he noticed two dump trucks carrying asphalt going to the back of the subdivision. Steve Simonson related there's a gravel pi,t back. there. and theX have a. contract to dump ~8 ADJOURNMENT Chaixman;.Andrews .adjourned .tY~e . Meeting, . a.~.. 8.: 15. p . m.: The next regularly scheduled meeting is December 14, 1993.