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09-13-1994 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission con~zened in regular session on Tuesday, September 13, 1994 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 JUAN LIZCANO, JR. KEITH VAN DINE SAM BLEDSOE DAVID RICHMOND DON MCCRARY TONY MORENO JOSEPH CASH COUNCILMAN KEN GREENWALD CITY STAFF MEMBERS ABSENT STEVE SIMONSON, GEORGE VICK, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY NORMA ALTHOUSE, -..PIA JARMAN RECORDING SECRETARY #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Public Hearing and Regular Session August 23, 1994 David Richmond moved to approve the minutes for the public hearing and regular session August 23 1994. Tony Moreno seconded the motion which carried with a unanimous vote. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND MARE RECOMMENDATION: Request 'from Dennis and Dawna Figol to Rezone a 2.410 Acre Tract of Land from R-2 (Single-Family Dwelling District) to R-4 (Apartment/Multi-Family Dwelling District) There was no one present at the meeting to represent this request. Chairman Andrews asked for Staff. input. Steve Simonson informed the Commission the location of this property is the Palms Apartments. They are looking to expand and realized it is not zoned for what's there. The City Inspector informed them before they could expand, they needed to have the property rezoned. Of course the apartments were there before the City had a Zoning Ordinance. Somehow this area was missed when we =-revised the Zoning Map. Chairman Andrews stated this will require a public hearing by both the Commission and by City Council. Mr. Andrews, noting the entrance they use, asked what happens to it when they widen FM 78. Steve Simonson answered the entrance between the doctor's office and the old pharmacy should pretty much stay the same. Since the Figol's were not present, Steve Simonson advised the Commission they could table this request until someone is available to answer their questions. David Richmond pointed out we're only recommending a public hearing for the zoning change, not approving anything yet. Chairman Andrews indicated, however, he would feel more comfortable if he knew the Figol's were aware of the FM 78 expansion and Keith Van Dine shared that opinion. Councilman Ken Greenwald told. tie Commission that City Council is very concerned about FM 78 considering the fiasco the City has had on FM 3009. Tony Moreno added it's easier if the Commission can talk with the ~Figol's before this request gets to a public hearing. Steve Simonson brought up the fact that Wisest Street is not really a street even though it is perceived as one, and that it does not go all the way from First Street to the Paims Apartments as people think it does. There was a utility easement conveyed about mid way between the doctor's office and First Street, back in the 1960's, by the people who owned the property. Burch Roofing has now closed that .ingress/egress from Wisest Street. Keith Van Dine moved to table the request from Dennis and Dawna FigoL to rezone a 2.410 acre tract of land from R-2 (Single-Family Dwelling District) to R-4 (Apartment/Multi-Family Dwelling District) until such time as the Figol's can be present to answer questions.. Tony Moreno seconded the motion which carried with a unanimous vote. _ _ *5 CONSIDER AND MARE RECOMMENDATION: Request from Juan Lizcano, Jr., 1000 Richmond Dr., for a 5' Front Yard Setback Special Exception Allowing Him to Build a Carport (BOA #61) ` Juan Lizcano was at the meeting to represent this request. Chairman Andrews commented this will require a recommendation to the Board of Adjustment and then asked for Staff input. Steve Simonson related this is listed as a front yard .setback variance, but it also deals with the side yard. If you look at the drawing, you will. see you have Westchester Drive and Richmond Drive. In effect,, what is being requested here is 5' to the side yard from the 20' building setback from the street, not the normal 7' from another house. There is a° lot of property here and it will not encroach onto the neighbor's land. Tony Moreno pointed out that's because it is a corner lot. Chairman Andrews noted the ordinance doesn't call 1 -2- ~ _ for a 20' setback anymore. Steve Simonson admitted that's correct, but it does call for you to be so far back from the street. Juan Lizcano stated he did not count the overhang in his request and then remarked the carport will be open, not closed. Tony Moreno asked what happens if he decides to enclose the carport later on and was told he cannot enclose it. Chairman Andrews asked Mr. Lizcano how close he will be to the front and he answered whatever is allowed. Mr. Andrews told him he has to be back a minimum of 10'. Tony Moreno moved to recommend approval to the Board of Adjustment of the request from Juan Lizcano, Jr., 1000 Richmond Dr., for a 5' front yard setback Special Exception allowing him to build a carport. David. Richmond seconded the motion and the vote was unanimous in favor. Chairman Andrews informed Mr. Lizcano that Steve Simonson will be sending him a letter giving him the date of the Board of Adjustment hearing. #6 CONSIDER AND TARE APPROPRIATE ACTION: Preliminary Plat Approval - Miller Bros. Partnership No. 3 Subdivision (PC #218-94/A) Joseph Cash was at the meeting to represent this request. Chairman Andrews asked for Staff update. Steve Simonson related this plat doesn't show the contour lines, but it does show the setback on the interstate and it shows the 50' overlay ordinance setback on FM 3009. The area is not in a floodplain. Chairman Andrews pointed out it mentions the 1977 flood map date instead of 1992 and Joseph Cash said that would be corrected. Steve Simonson mentioned to Mr. Cash that they . don't need to have the County Commissioners signature block on _ -the plat. David Richmond questioned any possible drainage problems on that corner because he thought the Commission had talked about it previously. Steve Simonson explained there may be drainage problems farther back, but the way this is laid out they only go back a short distance. Drainage will be going to the right-of-way and down the right-of-way. There is no problem. .Chairman Andrews asked how they came up with the weird design of this piece of land and Joseph Cash answered that when they .gave him the metes and bounds, that's how it came out. _ -Tony Moreno moved to approve-the preliminary plat for Miller _ Bros.. Partnership No. 3 Subdivision contingent on showing the contour lines, correcting the flood map to read 1992 instead of 1977, and deleting the County Commissioners signature block. Keith Van Dine seconded the motion and the vote was unanimous -3- in favor. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Approval of Street Names for Ashley Place Subdivision Rayco submitted 24 street names for approval as follows: Ashley Park Chase Field Dr. Freeport Dr. Smokey Creek Ashley Oak Dr. Dusty Crossing Inglewood Dr. Twinpoint Crk. Boxer Pass Dr. Emerald Point Newrock Crk. Twocourts Way Baldwin Park Emerson Pass Prichard Place Victoria Point Bridgemont P1. Fallen Stone Rosewell Place Wayword Pass Camaron Woods Fresno Place Samantha Dr. Windway Crk. Tony Moreno moved to approve the street .names submitted by Rayco for Ashley Place Subdivision. Keith Van Dine seconded the motion which carried with a unanimous vote. #8 CONSIDER AND TARE APPROPRIATE ACTION: Preliminary Plat Approval - Ashley Place Subdivision, Unit l (PC #219-94) Don McCrary was at the meeting to represent this request. Chairman Andrews asked for Staff input. Steve Simonson informed the Commission the labeling of the common areas is unclear on the plat, there is no vicinity map, and the building setback line doesn't show any utility easements. Don McCrary remarked they are probably not going to show the utility easements because it hasn't been finally decided yet whether or not .they will locate the utilities in the Parkway between the property line and the curb. Mr. Simonson advised Mr. McCrary that will have to be addressed before the final plat is approved. . Mr. Simonson advised they need to show the 50' building _ - s-etback on Schertz Parkway, and whatever they're going to do for parkland has to be decided before the final plat is approved. Chairman Andrews commented on the lots backing up to Schertz Parkway. saying they are supposed to be a depth of 140'. Don McCrary stated it's 130' because 10' of that 140' goes into the common area. David Richmond mentioned they need a homeowners' association statement on the plat. Steve Simonson declared it will be on the final plat. Don McCrary told the Commission that as far as -the mixed sizes of_ the lots., the percentage of 55' wide lots comes out to just under 29$. Tony Moreno emphasized that is beneficial not only to the developer, but also to those driving through the subdivision. -4- Steve Simonson referred the Commission to the top left of the plat to observe the drainage right-of-ways and the variable drainage easement and noted they will see how steep that is. This is going to be a drainage consideration. What you will see here is going into the natural drain where it's going onto the other property which they do not own. If it's handled properly, it will work fine. They are not pushing all the drainage from this subdivision into that little area, this is just so you can just see how much it drains dawn. Tony Moreno moved to approve the preliminary plat for Ashley Place Subdivision, Unit 1 contingent on them clearly labeling the common areas, providing a vicinity map, showing the 50' building setback on Schertz Parkway, showing utility easements, if applicable, including a homeowner's association statement, and addressing the parkland requirement. David Richmond seconded the motion which carried with a unanimous vote. #9 CONSIDER AND TARE APPROPRIATE ACTION: Approval of Additional Street Names for Greenshire Subdivision MBC Engineers had submitted the following 5 additional street names for Greenshire Subdivision: Birchwood Circle Oak Forest Dr. Black Oak Dr. Valencia Ln. Candleberry Dr. Oak Forest is the name of a subdivision in Schertz, so the Commission asked that Oak Forest Dr. be eliminated as a street name to avoid confusion. Tony Moreno moved to approve the additional street names submitted by MBC Engineers for Greenshire Subdivision with the . _ exception of Oak Forest Dr. Keith Van Dine seconded the motion -which carried with a unanimous vote. #10 CONSIDER AND TARE APPROPRIATE ACTION: Final Plat Approval- Greenshire Subdivision, Unit 3 (PC #210-94) Sam Bledsoe was at the meeting to represent this request. Chairman Andrews asked for Staff update. .Steve Simonson reported the parkland requirement hasn't been resolved yet. Tony Moreno inquired if all the rest of Greenshire has to be -approved before that issue can be settled and so Steve Simonson asked if the homeowners association is up and running. Sam _ Bledsoe replied it has ~ been organized.. David Richmond indicated that none of the current-residents of Greenshire Oaks know anything about it.. Steve Simonson said it was his understanding there are 30 acres of green space the current residents don't want_desi,gnated as a -5- ~ } park, they want to keep it natural for jogging trails, etc. A formal letter and/or drawing needs to be submitted addressing .the parkland requirement. Tony Moreno wondered if all the current residents have to belong to the homeowners association to make it valid. Chairman Andrews answered no they don't have to belong, but it would be to their benefit if they did. Chairman Andrews suggested somebody spearhead a committee and perhaps form a mini-group to investigate the status of the homeowners association. David Richmond strongly disagreed saying the new developer owes it to the current residents of Greenshire Oaks to inform them of any progress so they don't have to hunt him down. Mr. Richmond commented he knows several current residents who say they won't join, but he feels they are not knowledgeable about all their options. Chairman Andrews asked if the declarations and covenants for the homeowners association have been recorded and Sam Bledsoe replied they have not. Tony Moreno remarked that maybe something legal needs to be drawn up about whether or not the current residents can use the green space if they choose not to join the homeowners association. Keith Van Dine inquired what happens if they end up with two homeowners associations, but Chairman Andrews commented he sees no reason why the current residents of Greenshire Oaks would want to form their own. Mr. Van Dine then asked if the current residents have one now. David Richmond answered yes they do, sort of, but it was never conveyed by Mark Vaughan because there was some stipulation in the deed restrictions about 75$ of the property having to be developed first. Councilman Ken Greenwald suggested Mr. Richmond take a look at his deed. Mr. Van Dine agreed, saying the matter needs to be . cleared up. Steve Simonson told the Commission that MBC has done everything we've required except for the parkland. David Richmond asked if we're talking about the current floodplain or a new green area and Steve Simonson replied the current floodplain. Mr. Simonson stated we can accept a certain amount of floodplain as parkland, but he understood the current residents didn't want a park. Sam Bledsoe commented it will take some time to get this together because he doesn't know the metes and bounds 'of the other side -of the green area. Chairman Andrews stressed we need- to have something in writing in case they. build and then stop and decide to sell the other part of the -land. Steve Simonson suggested doing one side of it-right now. Submit a letter of intent and a request for reduction in parkland fees. Mr. Simonson pointed out we have a lot of development in progress and need to establish green belts as we go along. -6- David Richmond asked Sam Bledsoe if they still intend to build a wall on their side of Woodland Oaks Drive-and Mr. Bledsoe replied yes they do. Mr. Richmond then mentioned the possibility of some clear dividing wall to the back of the development which would be on the Cibolo line and asked Steve Simonson if he recalls that discussion. Mr. Simonson did not remember anything being mentioned about that. Chairman Andrews complimented Sam Bledsoe on MBC's effort in moving some of the streets around to save the trees. Tony Moreno moved to approve the final plat for Greenshire Subdivision, Unit 3 contingent on the certification and documentation of the homeowners association and contingent on addressing the parkland requirement. David Richmond seconded 'the motion which carried with a unanimous vote. #11 CONSIDER AND TARE APPROPRIATE ACTION: Amending of August 9, 1994 Minutes to Officially Record the Size of the Texaco Monument Sign Steve Simonson informed the Commission the recording of the August 9th meeting had been checked, but there was no mention 'of the size of the Texaco monument sign. They will amend the minutes to include the statement that the Texaco monument sign shall be no higher that 10' from ground level. Keith. Van Dine moved to approve the amending of the minutes of the August 9, 1994 Planning and Zoning Commission meeting to officially include the statement that the Texaco monument sign shall be no higher than 10' from ground level. Tony Moreno seconded the motion and the vote was unanimous in favor. #12 GENERAL DISCUSSION . David Richmond: Asked Steve Simonson if he's heard anything from HEB and Mr. Simonson replied he had not. Mr. Richmond expressed a little concern because HEB is now into their 1995 building year. Their new fiscal year begins September 1st. It would be nice to get a letter saying whether or not we are in the building plans for 1995. Steve Simonson said he would call the representative from HEB. Keith Van Dine: Reported that in the Schirmerville area across from Billy _ Mitchell's, they're putting a mobile home :in behind an existing mobile home. Do they have-a permit? Steve Simonson said he. would check it out. -7- Mr. Simonson informed Mr. Van Dine that the bids for the road repairs will go before City Council tomorrow night and it looks good. Councilman Greenwald: (a) Announced that everyone is invited to a meeting on September 26th at the Live Oak Civic Center where the results of the economic development survey will be presented. (b) Stated he had attended a Canyon Regional Water Authority meeting last night and they approved next year's budget. The water plant is up and running. Bexar Metro is in the process of buying 4,000 acre feet of Canyon Lake water and there are only 7,000 acre feet available for sale. City Council, in the budget, is looking at buying 1,000 acre feet. That would give the City several more options for a water source. (c) Related City Council is discussing setting up a briefing on water rites and would like to get the Commissioners involved. Keith Van Dine asked Mr. Greenwald. if City Council had ever given any thought to casino gambling in the City. Mr. Greenwald answered they had talked about it. They're waiting for legislation to pass and also it takes money for an impact study. Steve Simonson: (a) Told the Commission that sooner or later the City will have to deal with the issue of drainage from E. Live Oak Rd. to FM 78. There will no doubt be a mandate to establish a drainage and capturing treatment area. (b) Advised that later in the year he would like to get the Commission together with some of the engineers and developers end discuss alternatives to the type of development they could have in Schertz. Chairman Andrews: (a} Noted that every year people go dove hunting. behind the old Gutierrez landfill. At the very back of the road that goes behind it, by the drainage easement, there's a farmer who has some land with yellow oozing up from it. Steve Simonson said he would check into it. (b) Reported that Merwin Willman had knee surgery this morning. He will call- him tomorrow to check on his- progress. He's.. - supposed to be home from the hospital by Thursday night. (c) Related he had spoken with George. Vick and Mr. Vick is going to school right now on Tuesday evenings for the Knights of Columbus. He may have to resign. -8- #13 ADJOURNMENT Chairman Andrews adjourned the meeting at 8:15 p.m. The next regularly scheduled meeting is September 27, 1994. -9-