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03-23-1999 . . . e e PLANNING & ZONING MINUTES The Schertz Planning and Zoning Commission convened In Regular Session on Tuesday March 23, 1999, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF Ernie Evan, Chairman David Richmond, Vice-Chairman Keith Van Dine, Secretary Gary Wallace George Maxfield Ken Greenwald, ex-officio Steve Simonson Asst. City Manager! Planning Coordinator Mary Ybarra, Planning & Recording Secretary Commissioners Absent Others Present Tony Moreno Joyce Briscoe Sam Bledsoe, MBC Engineers Jerry Scholler, Kolopzie Surveying Alfred Villareal, Val's Mini Storage Lee & Novella Lewis, 4204 Crown Oak #1 Call to Order: Chairman Ernie Evans called the meeting to order at 7:00 p.m. #2 Approval of Minutes: 09, 1999. Regular sessions of February 23, 1999, and March 1 . . . e e Ernie Evans asked for any corrections or additions to the minutes of February 23, 1999? David Richmond pointed out the following corrections to the minutes of February 23, 1999. 1. 2. 3. 4. 5. 6. 7. Page 5, second paragraph, ninth line change the word "liability" to "ability". Page 6, second paragraph, fourth line change the word "stated" to "asked", in the fifth line add the letter "a " before "requirement", and second to the last line of the same add the letter 't" to the word "master". Page 7, fourth paragraph, correct to read, "Ernie Evans stated that the Commission is in agreement not to take action in allowing relief on construction of the road prior to the outcome of the lawsuit". In the fifth paragraph, correct the word "continuous" to "extension". In the seventh paragraph, first line add "Crossing" after the word "Carolina". Page 8, third paragraph, correct the word "continuos" to "continuance". Page 9, second paragraph, fourth line add "which" after the word "thoroughfare". Page 10, first paragraph, second line correct 'to" to "for". Page 11, first paragraph, third line correct "address" to "addresses". With no further additions or corrections, a motion was made by Gary Wallace and seconded by Keith Van Dine to approve the minutes of February 23, 1999, as corrected. With a vote being called, the motion was approved. Ernie Evans asked for corrections or additions to the minutes of March 09, 1999. David Richmond pointed out one correction on page 3-second line, placement of a "period" at end of the word "building", creating a second sentence. With no further corrections or additions, a motion was made by Keith Van Dine and seconded by George Maxfield to approve the minutes of March 09, 1999, as corrected. With a vote being called, the vote was as follows: 2 e e . Ayes: George Maxfield, David Richmond, and Keith Van Dine. Abstentions: Ernie Evans and Gary Wallace. (absent at said meeting) #3 Status of Final Plats: There were none. #4 BOA Actions: Steve Simonson reported that the Board of Adjustment approved the variance request for an additional curb cut on Pecan Street from David Black who was very appreciative, and thanked everyone for their support. #5 Citizen's Input Other Than Agenda Items: . Mr. Lee Lewis at 4204 Crown Oak, Oak Forest Subdivision informed the Commission his concern with the construction of the Oak Trail Subdivision, and the drainage problem at the corner of his property. The Oak Trail Subdivision abuts the back of his property line where the property slopes down hill. Water is pooling in the area and is causing concern. He indicated that he needs help. No one else throughout the subdivision is having any problem. Mr. Lewis reported that the City Engineer, Ed Ford, Don McCrary, Engineer for the Oak Trail Subdivision have visibly toured the area and have discussed the problem. Mr. Lewis mentioned that Mr. Ford was in agreement, that there is a drainage problem and would speak to the developer of possibly constructing a 6" wall. Mr. Lewis believes that the wall should be at least 12 to 18 inches in height to control the water. Mr. Lewis added that city staff has been helpful and concerned about his problem. He is willing to do everything possible to help alleviate the problem. Steve Simonson stated that he was unable to stay for the meeting between the City Engineer, Don McCrary and Mr. Lewis, however, he did walk the area with Mr. Lewis . previously and explained that some of the water would be cut off from entering his 3 e e . property. Mr. Steve Simonson stated that he would follow up, contact Mr. Don McCrary and Ed Ford and possibly work out a solution. Steve Simonson added that water has always traditionally gone through Mr. Lewis' back yard. Steve Simonson further stated that he would bring back to the Commission any information obtained and will keep Mr. & Mrs. Lewis informed. Chairman Evans suggested that Mr. Lewis work with city staff and parties involved, to see if some solution to his drainage problem could be resolved. From the Commissions stand point; no action can be taken unless the engineering plans are not built to specifications. At this stage, Mr. Simonson would be the best resolution for you to insure that the engineering plans are followed and no drainage problems occur. #6 Consider and Take Appropriate Action: Request from Alfred Villarreal for a variance to the sign ordinance for Val's Mini Storage to allow signage on FM 3009. . (PC #405-99). Mr. Simonson stated that the sign was erected without permission on FM 3009, which has an overlay ordinance that would have to be submitted for approval to the Planning and Zoning Commission. This sign is a billboard type of sign pointing to a Cibolo storage facility in the area. Mr. Simonson added that a letter from the property owner is part of package giving permission for placing sign on the property. Gary Wallace mentioned that other business (Destiny Homes) had a similar request to place additional signage, which was denied. It has been the Commissions policy not to proliferate signs but to limit signs on FM 3009. Mr. Villarreal asked that if the arrow was taken off of the sign would that still make it a directional sign? . 4 e e . David Richmond stated that the sign is a billboard, and he is agreement that this type of signage is what the Commission is trying to curtail. George Maxfield commented that it is imperative that the city stays consistent in regard to its signage issues. A motion was made by Gary Wallace and seconded by David Richmond to deny the request from Alfred Villarreal for a variance to the sign ordinance for Val's Mini Storage to allow signage on FM 3009. With a vote being called, the motion was approved. #7 Consider and Take Appropriate Action: Request from WML Investments, Ltd. for Preliminary Vacate and Replat of Lots 8 & 16 of the Schuetz Subdivision No.2. (PC #405-99) Steve Simonson stated that this vacate and replat is a subdivision plat that was . approved a number of years ago by the Planning and Zoning Commission. It is two lots that will become large lots and much of the area is in the flood zone. The subdivision is in the cities ET J, not in the city limits. The County would have to approve foundations, etc. that are planned in the area. The elevations would have to be above the flood zone in order to build on the lots. The signature blocks are on a separate sheet due to the number of signatures needed to sign off on the plat. The signature block for the Planning and Zoning Commission will need the addition of the word "zoning". Jerry Scholler representing the Schuetz plat stated that the plans are to make the two large into four lots. The owner is aware the area is in the flood zone, however, believes he can built homes high enough to be above the flood zone. The County (Comal) engineer would determine the base elevation before the houses are built. . 5 e e . The Commission voiced concerns that most or all of the lots were in the flood zone. Mr. Simonson reiterated his statement that before any homes are built in these lots, that the (Comal) county engineer would have to allow any building permits. A motion was made by Keith Van Dine seconded by Gary Wallace to approve the request from WML Investments, Ltd. for Preliminary Vacate and Replat of Lots 8 & 16 of the Schuetz Subdivision No.2. With a vote being called, the vote was as follows: Ayes: David Richmond, Gary Wallace, George Maxfield and Keith Van Dine. Opposed: Ernie Evans. Motion carries. #8 Consider And Take Appropriate Action: Request from MBC Engineers for Preliminary Plat Approval of Greenshire Subdivision Unit 9. (PC #406-99) . Steve Simonson stated that this is the final plat for the Greenshire Subdivision that will finish the original subdivision started in 1986. It is a continuation from the Master Plan. You will note that all the required statements are placed, including the statement for the continuation of the Masonry fence to finish off the length of Woodland Oaks. The Parkland fees have not been paid; however, the fees will need to be paid with the final plat. Ernie Evans stated that the plat did not indicate the non-access easement. David Richmond referred to two items that he believes needs to address. The need for some type of fencing along Greenvalley Road that abuts the lots of the subdivision. Secondly, is it a fact that the back lot lines that will abut Greenvalley Loop would share a common fence line? . 6 e e . Steve Simonson advised that the fence would be similar to the existing fence along Greenvalley Road; reinforced wood fencing, and that Greenvalley Loop would share a common fence line. A motion was made by David Richmond and seconded by Keith Van Dine to approve the request from MBC Engineers for Preliminary Plat Approval of Greenshire Subdivision Unit 9 contingent upon the addition of a note that requires a reinforced wood fence along the back of the properties on Greenvalley Road similar to the existing fence that backs up against Greenvalley Road. #9 General Discussion: Keith Van Dine: Keith had no comments. . Gary Wallace: Gary had no comments. Georae Maxfield: George had no comments. Ken Greenwald: Ken reported that the Fire Department Lady's Auxiliary Fire held an open house on Sunday. The BVYA, opening ceremony is Saturday 27, at 10:00 a.m. at the City Park. Ken also mentioned that Church's is hanging new signs all around the building facing FM78, have they been given some concession? Signs for garage sales, washing . machine repairs and baby sitting are nailed on poles all over the City. Some of the 7 . . . e e streets are FM78 low watering crossing, Main Street, 1 st Street, FM 3009 and Schertz Parkway. Steve Simonson advised he would look in to it both of these issues. Ken commented that in Wednesday's paper there was an article stating that people are moving into the City of Schertz because there are no City taxes. Mike Hollaway Investments in Deer Creek and Greenshire Subdivision. Calls have been placed to Mr. Hollaway, however, calls are not returned. David Richmond: David asked what is the status on the FM 78 project? He was advised that the City is finalizing on the Kennett property (Pharmacy), Burch property, H.P. Printing, and will be going to condemnation on the Church's property. The City is still trying to work out something for the Dr. May's property. Of the last six parcels left, five are in the final stages, and the May's property is the one that the City is trying to work out. Secondly, will the back road (Aviation) at the Creek behind FM 78 have any improvements made when FM 78 is elevated? Steve Simonson advised that the area would stay the same. Steve Simonson: Steve reported that Schertz would host the luncheon for the monthly APA meeting, at the Library on Friday the 26th. He asked that the members plan to attend if possible. Another item that will be brought before the Commission at the next meeting would be the approval of bandit signs for Kaufman & Broad. The Inspection Department has asked for the Commission to review the situation. Kaufman & Broad are not taking their signs down as required. 8 . . . e e Ernie Evans: Ernie commented that he has a problem with the approval of the Schuetz Subdivision, in regard that the property is in the floodplain. With the problems the City endured with the flooding in October he doesn't believe this would be a wise move. Ken Greenwald stated that if the city engineer (Comal) authorizes building in the floodplain, he would subject everyone in the county to lose his or her flood insurance. He believes this will not happen. #10 Adjournment: David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion. The meeting adjourned at 7:55 p.m. ~. ...).. /-. I ~: l L /L,~~,,------f /<-- (L'-tL ~,-;l Chairman, ~Ianning & zoning/tommission ATTEST: Planning Secretary, City of Schertz 9