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08-09-1994 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, August 9, 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 BRUCE HARTHAN GEORGE VICK, VICE-CHAIRMAN GERALD FRUGE MERWIN WILLMAN, SECRETARY SHARON FRUGE KEITH VAN DINE JOYCE STEGINK DAVID RICHMOND GENE CARROLL TONY MORENO RON SCHNEIDER PIA JARMAN BURT THORNE COUNCILMAN KEN GREENWALD CITY STAFF STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SECY. #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Regular Session July 26, 1994 Merwin Willman moved to approve the minutes for the Regular Session July 26, 1994. Pia Jarman seconded the motion which carried with a unanimous vote. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS -There was none. #4 CONSIDER AND MAKE RECOMMENDATION: Request from Joyce Stegink, 100 Cloverleaf Lane, for a Special Exception Allowing Her to Install a Storage . Shed (BOA #59} Joyce Stegink was at the meeting to represent this request. _ Chairman Andrews asked for Staff input and Steve Simonson commented Ms. Stegink's letter is self-explanatory.. It spells out all the problems she's had in the past with. vandalism. - She's asking for=a 2' variance to allow her to place her shed - 1' from her side yar-d fence: If she moves the shed the other 2' away from the side yard, it will block the entrance to her back gate. Chairman Andrews asked Joyce Stegink if she had contacted the neighbor to see if they have any objections to the shed and Ms. _ Stegink replied she had not since she and the neighbor don't exactly get along. Chairman Andrews then inquired from Ms. Stegink how she plans to maintain the one foot between the shed and the fence and she informed the Commission either with rock/tar paper, a spray or a weedeater. Ms. Stegink stated she already has rock in some places, so that's probably what she will do in the area between the shed and the fence. George Vick asked Joyce Stegink why she can't put the shed in the middle of her back yard. Ms. Stegink referred Mr. Vick to her letter which told of vandalism to an already existing shed in her back yard and to her red brick house. Ms. Stegink felt the location where she proposes to put her. new shed is the safest place for it. Merwin Willman asked the distance from the proposed shed to the house and Ms. Stegink replied she wasn't sure. Mr. Willman then inquired if it will be .more than 10' from the house and Ms. Stegink replied yes it will. - George Vick questioned why not put it closer to the other gate and out from the fence. Ms. Stegink answered probably for looks. She also has other things in the yard such as several large trees, a swing set for her grandchildren and an above ground pool. Mr. Vick felt the one foot area between the shed and the fence could not be maintained, but Ms. Stegink assured him that maintenance is no problem. David Richmond moved to recommend approval to the Board of Adjustment of the request from Joyce Stegink for a 2' variance allowing her to place a metal storage shed in her back yard 1' from her side yard fence and also recommended the request be scheduled for a public hearing. Tony Moreno seconded the motion which carried with the following votes: AYES: B. Andrews, M. Willman, K. Van Dine, D. Richmond, T. Moreno, P.Jarman NAYS: G. Vick - ABSTENTIONS: None #5 CONSIDER AND MAKE RECOMMENDATION: Request from Sharon-and Gerahd Fruge, 1-512 Greenwood, for a Special - Exception Allowing Them- to Add a 12' x 16' - Sun Room t_o Their House (BOA #60) Gerald and Sharon Fruge were at the meeting to represent this request. -2- Chairman Andrews asked for Staff input and Steve Simonson .informed .the .Commission this is strictly a rear yard building _ setback variance (1'3" on one side and 5' on the other side) request. This does not involve encroachment into the easement and there is nothing behind their house except a drainage right-of-way. George Vick asked what's there now and Sharon Fruge answered a patio slab. Mr. Vick then wanted to know if they are enclosing the patio slab and Mrs. Fruge replied the patio slab is not that large and it is in the area where the sun room will be built. Mr. Vick inquired if they will pour another slab .and Mrs. Fruge said they will have to in order to bring it up to the level of the house. This sun room will be an addition to the house. Gerald Fruge explained they will cut out only 2' of the back side of the patio slab so they can go down 24" for the footing. Chairman Andrews noted then, that for construction purposes, the existing slab will only be used as fill and Mr. Fruge commented that's correct. George Vick moved to recommend to the Board of Adjustment approval of the request from Gerald and Sharon Fruge for a rear ,yard setback Special Exception allowing them to add a 12'x 16' MP sun room onto their house and also recommended the request be scheduled for a public hearing. Tony Moreno seconded the motion which carried with a unanimous vote. #6 CONSIDER AND TARE APPROPRIATE ACTION: Request from Bruce Harthan, on Behalf of U.S. Home Corporation, to Place an Entrance Sign for Thistle Creek Subdivision on FM 3009 at the Intersection of E. Live Oak Road (PC #217-94) Bruce Harthan was at the meeting to represent this request. Chairman Andrews reminded the Commission they have in their packets a copy of the billboard lease agreement-between U.S. Homes and Dennis and Judy Dietz. Chairman Andrews, upon leaving the room briefly, turned the meeting temporarily over to George Vick. Mr. Vick pointed out to Bruce Harthan that he states in his letter of request that they want permission to locate the sign there for six months, but indicate it could continue forever and ever. Mr. Harthan remarked the project is estimated to take about two years and it would not benefit them to have the sign up any longer than during the time they're developing. Mr. Vick commented he would feel better if they had a definite- time and David Richmond advised ~Mr. Vick they can come in for renewal. Chairman Andrews, having returned, added they will need something in writing letting the Commission know when the Dietz's won't renew a lease. -3- Bruce .Harthan related the sign will be 8' x 12' in size, double-faced, supported by posts, and 4' off_ the ground. _ Chairman Andrews asked how high it will be and Bruce Harthan replied it will be 12' high. Merwin Willman wondered why Buffington and U.S. Homes couldn't have used the same sign (similar to the Dover Homes sign for Woodland Oaks and Dove Meadows} since they are both developing in Thistle Creek. Mr. Harthan declared that Buffington's system doesn't seem to work together with U.S. Homes' system. After some discussion about the type of sign and length of time for which the Commission gave Buffington Homes permission along FM 3009, Merwin Willman moved to approve the request from Bruce Harthan, on behalf of U.S. Home Corporation, to place an entrance sign for Thistle Creek Subdivision on FM 3009 at the intersection of E. Live Oak Road. This approval was for two years, with the stipulation there be a request for annual renewal thereafter. Tony Moreno seconded the motion which passed with a unanimous vote. Chairman Andrews emphasized to Bruce Harthan the sign has to be maintained and if there's any change in personnel, as far as authority for the sign, the Commission needs to know. Mr. Andrews then asked what Cibolo plans to do about their roads to handle all the traffic that will be generated from their new subdivisions. Mr. Harthan acknowledged that is not his field of expertise. Steve Simonson mentioned that Cibolo has requested Guadalupe County make some improvements to Dietz Road. Tony Moreno observed then that it's up to the County and Mr. Simonson said it's a County road, no one has annexed it. Schertz cannot annex it, it's in Cibolo's ETJ. #6b. CONSIDER AND TARE APPROPRIATE ACTION: Request from Star Enterprise for Approval of Signs Gene Carroll, Ron Schneider and Burt Thorne were at the meeting to represent this request. Chairman Andrews asked for Staff input and Steve Simonson related that when Mr. Carroll received his letter following the Commission's last meeting, he called to say he had gotten a .different .impression of what the City wanted than what the letter stated. Mr. Simonson noted he had informed -Mr. Carroll, at that time, if the City grants Star Enterprise permission for two tall signs, then everyone else will want two tall signs and that will defeat the purpose of the Sign Ordinance as well as. ruin the aesthetics. After- talking -further .with Mr. Carroll, they agreed that a monument sign . would be more equitable to the intent of the Sign Ordinance, but no promises were made, it was just a discussion. -4- - Chairman Andrews thanked Gene Carroll for working with them so as not to have a proliferation of signs in the City. Mr. - Andrews related he had taken a mini-vacation recently and purposely observed all the Texaco stores along the way. Merwin Willman expressed the opinion he likes this plan much better than two tall signs. Chairman Andrews asked if the monument sign will be lighted and was told it will be. Tony Moreno asked where the monument sign will be located and Steve Simonson replied on the northeast corner of the property at the IH-35 access frontage. Mr. Simonson then informed the Commission Star Enterprise is proposing the same type sign at the 25' FM 3009 easement entrance. He spoke with them about cooperation with other businesses as they come in and about Star Enterprise going ahead until others do come. Merwin Willman asked if the sign on the FM 3009 easement .entrance will be the same size as the other monument sign and Gene Carroll replied yes it will. Steve Simonson added that the landscaping they are proposing will enhance FM 3009 and we .can use it as an example for other businesses. .Chairman Andrews observed that the requested size of the face of the tall sign is 16'x 16' or 256 square feet and our ordinance allows 250' square feet, so a 6' variance needs to be incorporated into any motion made on this request. Steve Simonson mentioned also that the 25' height variance needs to be incorporated into any motion. Merwin Willman moved to approve the request from Star Enterprise to lace one 75 foot high, 16'x 16', sign at the IH-35 location, a monument sign on the IH-35 access frontage, and a monument sign for the FM 3009, 25 foot easement entrance. The FM 3009 sign may remain a monument sign until such time as additional users of the 25 foot easement from FM 3009 also request signs. At that time, all users, -including the developer, must work out an equitable agreement fora common, low-profile, two-column, multiple-space sign support to insure they all have equal access for their signs. Tony Moreno seconded the motion which carried with a unanimous vote. #7 CONSIDER AND MARE RECOMMENDATION: Rezoning of Beck Street Chairman Andrews told the Commission this is on the agenda at his request. The Guzman's applied for a Specific Use Permit to locate a manufactured home on Beck Street and=P & Z turned them down- since that's not permitted in a General Business area, so T they appealed to City Council.- City Council approved- the Guzman's request and Mr. Andrews stated, in-.his opinion, that means City Council felt the best use of the land was residential. Beck Street goes nowhere. What should it be zoned? Let's take a look at it. Merwin Willman asked Mr. Andrews if Beck Street were raw land, what would he zone it and Mr. Andrews replied if-there were no City or no street, the best use would be industrial, especially since the railroad is there. Mr. Willman stated if we change Beck Street to residential, then we better take a look at Main Street and change it to residential. Steve Simonson pointed out that, historically, Beck Street has been residential and Main Street has been residential and general business. Also, Beck Street backs up to the senior citizen complex and another residential district. Pia Jarman asked what happens if a big factory comes in. Can the road handle the traffic? Steve Simonson stressed as a planner, he is not looking at the best use of the land, but rather at the history of the area. Also, railroads don't mean what they used to mean. Merwin Willman expressed concern about a wreck or a hazardous spill and Chairman Andrews wondered, in light of that concern, would you want a zoning with less density or more density. Merwin Willman commented, in his opinion, if you change the zoning to residential you are legalizing the double-wide to stay there permanently. Mr. Willman remarked he can't see using what's there to make a decision. Chairman Andrews emphasized he was looking at it 10 years from now. Councilman Greenwald observed it could tie into FM 3009 in the future, but Steve Simonson pointed out it is not projected to do that. Mr. Simonson then mentioned a house on Main Street right now that can't sell because it's zoned General Business and the banks won't lend money on it. George Vick inquired if a rezoning would require a public hearing and Chairman Andrews replied yes it would. Mr. Andrews mentioned that what he would like to do is get everything we want to go to a public hearing lined up, and then have just one public hearing. Mr. Vick then moved to recommend to City Council that the rezoning of Beck Street be scheduled for a public hearing. The motion died for lack of a second. Keith Van Dine moved to leave the zoning of Beck Street as it is currently. Pia Jarman seconded the motion which carried with the following votes: AYES: B. Andrews, M. Willman, K. Van Dine,' D. Richmond, T. Moreno and P. Jarman NAYS: G. Vick ABSTENTIONS None- - -6- #8 CONSIDER AND MARE RECOMMENDATION: Discussion of Lot Sizes and Setbacks - Chairman Andrews advised he had requested that this item also be on the agenda. He, personally, feels that the 55'x '120' lots being proposed by RAYCO are better than the 60'x 100' lots we have now. You gain 600 square feet and more back yard, even though, as Mr. Willman pointed out, you lose 5' on the side of the lot. Steve Simonson mentioned that's not true as long as you maintain the 15' minimum between houses. Tony Moreno admitted he likes the variations so all the footprints are not the same as long as the 15' minimum between houses is maintained. David Richmond stated he would not vote for 55' minimum wide lots because you establish the width of the house by establishing the width of the lot and 55' wide lots would be a grievous disservice to the City of Schertz. Pia Jarman pointed out that the other side of this is that all these people have. to pay $50 each time they want to move something 5' in their back yard and that doesn't set very well. The Commission is viewed in a way as tyrannical. The ideal of ~ course is wider and deeper, but if you can't have that, deeper lots may be better. George Vick asked why not make the lots 60'x 120'. David Richmond agreed with that size. Merwin Willman declared that another thing to be considered is the current trend. In the 70's, people wanted big yards, then in the 80's, it seems they wanted large houses, but smaller yards. Are they back to wanting larger yards again? Councilman Greenwald revealed he works with a gentleman who lives in Woodlake and to the back of Woodlake out toward I-10, there is a RAYCO subdivision. The biggest complaint about it is the lot sizes - the houses are on top of each other Chairman Andrews stressed that the key is the minimum distance between houses, not the width of the lot. David Richmond added though, that when you have a non-custom builder every footprint is a cookie cutter. If you have a 55' wide lot, you get a 40' wide house. If you have a 60' wide lot, you still get a 40' wide house. You get a less dense area if you don't give in. We have an option-to hold firmly on the lot size. The 15' minimum between houses is critical and the minimum lot. size is also critical. Merwin Willman indicated that right now a lot with a-100'_depth is not enough, a depth of 120' would be better. Chairman Andrews noted they have eliminated part of the problem by moving utilities to the front and a 55' x 120' lot would give the property owner 600 more square feet which would reduce the -7- density. _ Steve Simonson remarked there is also greater depth between houses back yard to back yard. Mr. Simonson implied that another option is to let the developers come in and tell you what they want. Chairman Andrews, stressing he doesn't want to set any precedences they can't live with, said that's why he wanted to discuss this here tonight before they get to a public hearing. Merwin Willman suggested the possibility of a percentage stipulation, in other words if a developer wants 55', 60' and 65' wide lots, then only 33~ can be 55' wide. There was some discussion on this idea with Steve Simonson reminding the Commission they also need to look at the topography of a given area, at the number of trees, and at who is the builder. Keith Van Dine, mentioning the density again, felt the Commission should take the tax base into consideration. ~Merwin Willman commented they can't look at the tax base. Mr. Van Dine felt that if we control density, then we control value, but Steve Simonson pointed out the Commission has zoned for every income level and 80~ falls in the middle income bracket.,;; Mr. Van Dine admitted that out where he lives, in the ' Schirmerville area, new development will eventually build, they won't be farmers forever. Mr. Willman commented the taxes and value are secondary, the first priority should be the use of the land. Councilman Greenwald brought up the fact that a city cannot exist on single family residents, the tax base needs businesses. Chairman Andrews, reviewing what he's heard from the Commission, said it seems they want to change the R-6 zoning to lots of 60' x 120'. Are we looking at 120' depth for all lots? Are we considering working with a percentage of 55' x 120'? What is the consensus? Merwin Willman observed it depends on how many lots are being developed in a certain subdivision. David Richmond objected to setting percentages. He felt the minimum should be 60' x 120'. Let the developer come in and show us why a 55' wide lot would work. Keith Van Dine asked David Richmond if he is saying he would consider an exception to the 60' width down. to 55' if it would save an oak tree and Mr. Richmond replied yes. _ . Merwin Willman expressed concern about delaying approval of a plat since there needs_ to be a public hearing to grant a variance to the Zoning Ordinance. .You will have=some bitter developers. Steve Simonson reminded Chairman Andrews they can make ,these changes in the UDC. Mr. Andrews then said they will keep trucking forward as they are and put any changes in the UDC. Upon being asked, that was the consensus of the Commission. -8- #9 GENERAL DISCUSSION David Richmond: (a) Noted he didn't see any notes from Steve Simonson in their packages. Mr. Simonson indicated he didn't have time to do notes, but can fill them in on a few items. He has heard nothing from HEB, he expects they will have a copy soon of the preliminary plat for Ramada, Denny's seems to be moving along and Dover Homes is moving along. (b) Commended the Commissioners on holding Texaco's feet to the fire regarding signs. Keith Van Dine• Reported there's a gentleman on Pfeil Road, near Shady Acres, who has a nursery, but he also always has 6 or 7 junk cars. .Steve Simonson said he would check into it. Tony Moreno• .Asked if anyone read the article in the paper about the proposed digging of 27 to 30 wells north of Schertz and wondered if anyone knew anything about it. Councilman Greenwald commented they are pushing springs augmentation and Steve Simonson remarked it will never happen. Pia Jarman• (a) Told the Commissioners if they accept the premise that the truth is as it is perceived, then there's something she felt they should know. Several people have told her that when a man or a couple applies for a variance, we assume the guy knows what he's talking about, but when a woman alone applies, she is subjected to closer scrutiny and the Commission is tougher. the then thanked them for their treatment of Mrs._ Stegink this evening. (b) Advised she will be on leave in September. She is going back to Japan for a visit. Mervin Willman• (a) Implied the City needs a policy on sidewalks along Schertz Parkway. One side has curb and the other side is undeveloped. Maybe we can firm up something by the next meeting. Steve Simonson remarked if they want a policy, that's fine, but he can always. tell the: developers it's a requirement. Mr. - - Willman stated he is looking at it from a long range point of view when there are Staff and Commission changes. -9- (b) Noted that Steve Simonson had mentioned the upgrading of FM 78 in 1997. In our Sign Ordinance, we have a Railroad Right-of-Way District which dictates sign be removed at the start of construction. Shouldn't all the owners along FM 78 be apprised of this? George Vick: Inquired, in regard to the K of C Hall, if sidewalks have to be 2' away from the street. Steve Simonson answered yes they do for two reasons - safety of people, .and distance from the water lines. Mr. Vick said he thought that was the requirement, but he couldn't find it anywhere in the ordinance. Mr. Simonson acknowledged it's a Public Works policy. Councilman Greenwald: (a) Announced that the second reading of the BOA Ordinance was passed. There will be five members on the Board and they are Earl Hartzog, Ted Duigon, Norman Slocum, Joyce Briscoe and Anita Clark. The Council feels these BOA requests, regarding zoning, still need to go through Planning and Zoning initially. The Board of Adjustment is in the process of getting organized and until they're up and running, they will need more specifics in the letters of recommendation for approval/disapproval. (b) Reported the budget process has started. The dates for all workshops and council meetings concerning the budget will be posted on the bulletin board. (c) Informed the Commission that he and John Bierschwale attended a Canyon Regional Water Authority meeting last night and got a tour of the plant. It is pumping 2,000,000 gallons per day, supplying water to Crystal Clear and Green Valley. Bexar Metro wants 4,000,000 gallons per day and is looking at expanding already. Canyon Regional did a study on what each city would have to cut back under the drought management plan and we would have to reduce our usage by 615,000 gallons. One of the budget item discussions was buying an additional 1500 acre feet of Canyon Lake water. Mr. Greenwald said, personally, he thinks it's better to buy (this would give the City a third source of water supply), you can always sell. Steve Simonson: (a) Indicated that the final construction on FM 3009 is 4-6 months away. (b) Reminded the Commissioners they had received a copy of some - general information about the APA conference in El Paso and he will need to hear from them before the next meeting about whether or not they are going. It is a combination this year of Texas, New Mexico and Mexico. We will need to make flight reservations by September 1st and anyone needing advance travel -10- money should have their application turned in by September 15th. Chairman Andrews: Wanted it confirmed exactly what the buffer is on FM 3009 and Steve Simonson informed him it's a 50' building setback and a 20' buffer. Mr. Andrews then verified it's from the right-of-way and not where the blacktop ends and was told by Mr. Simonson that is correct. Before adjournment, George Vick reminded everyone of the grand opening for the K of C Hall August 13th at 10:00 a.m. # 10 ADJOURNMENT Chairman Andrews adjourned the meeting at 9:12 p.m. The next scheduled meeting is August 23, 1994 and it will be a public hearing. ;dpi . -11-