04-13-1999
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PLANNING & ZONING MINUTES
The Schertz Planning and Zoning Commission convened in Regular Session on
Tuesday April 13, 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 Evans, Chairman
David Richmond, Vice-Chairman
Keith Van Dine, Secretary
Tony Moreno
Joyce Briscoe
Gary-Wallace
Ken Greenwald, ex-officio
Commissioners Absent
George Maxfield
Steve Simonson,
Asst. City Manager!
Planning Coordinator
Mary Ybarra, Planning &
Recording Secretary
Others Present
Jimmy Yarbrough,
2793 Valencia Ln.
Reese Conner,
Eckerd Drugs
Rick Andrew,
3009 Partners, LLC
Jerry Scholler,
Kolodzia Surveyor
Paul Mazuea,
Eckerd Drugs
Scott & Michelle
Hammons, 3708
Limestone Cove
Joe Cantu,
1073 Gettysburg Dr
Robert &Jayne Creasy,
3605 Gamble
Susan Stehle
21650 FM 2252
#1 Call to Order:
Chairman Ernie Evans called the meeting to order at 7:00 p.m.
#2
Approval of Minutes:
Regular session of March 23, 1999.
. Ernie Evans asked for corrections or additions to the minutes of March 23, 1999.
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A motion was made by David Richmond and seconded by Gary Wallace to approve the
minutes of March 23, 1999 as written. Upon a vote being called, the vote was as
follows:
Ayes: Ernie Evans, David Richmond, Keith Van Dine, Gary Wallace and Joyce Briscoe.
Abstention: Tony Moreno (absent at said meeting).
#3 Status of Final Plats:
There were none.
#4 BOA Actions:
There was no report.
#5
Citizen's Input Other Than Agenda Items:
There were none.
#6 Consider and Make Recommendation: Request from James Yarbrough,
2793 Valencia Lane, Block 9, Lot 41, Greenshire Unit 7 for a Special Exception to the
Zoning Ordinance to encroach into the 5' easement for placement of pool deck.
Steve Simonson explained that the drawings show the pool and how the deck will
encroach into the 5' utility easement. It shows how the house is built and the
encroachment of the current deck. The owners have contacted, Paragon, G.V.E.C. and
Southwestern Bell and have releases that the 5' easement is not being used. The
property also backs up to a drainage right-of-way meaning no one will encroach into any
other side yard property.
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Ernie Evans commented that Mr. Yarbrough still would have to abide with the
homeowners' association (HOA) rules. Mr. Yarbrough replied, he was well aware of the
requirements.
With no further discussion, a motion was made by Gary Wallace and seconded by
Keith Van Dine to forward recommending approval to the Board of Adjustment the
request from James Yarbrough, 2793 Valencia Lane, Block 9, Lot 41, Greenshire Unit 7
for a Special Exception to the Zoning Ordinance to encroach into the 5' easement for
placement of pool deck. Upon a vote being called, the motion was approved.
#7 Consider and Make Recommendation: Request from Scott & Michelle
Hammons, 3708 Limestone Cove, Blk 9, Lot 26, Carolina Crossing Unit 4 for a Special
Exception to the Zoning Ordinance to encroach 16' into the 20' rear yard setback for
construction of a pool and decking.
. Vice-Chairman David Richmond informed the Commission that the Chairman Evans is
abstaining from action on agenda item #7.
Steve Simonson explained that the drawings in the packet well indicate what will be
build and shows no encroachment into the side yard setback, however, the construction
will encroach into the rear yard setback. It shows the deck of the pool encroaching 16'
into the 20' building setback. The deck would be 4' from the back fence where there are
no utilities. A letter stating that the owner has met with the Carolina Crossing
Homeowners Association (HOA) is also part of the packet. The HOA find no problem
with the proposed construction.
Gary Wallace voiced some concern to the back wall and to neighbor's reaction of a
perch over looking into their back yard.
Michelle Hammons, 3708 Limestone Cove explained that the perch at the back wall will
. not be used to walk on, it will have a waterfall coming out of it.
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With no further discussion, a motion was made by Tony Moreno and seconded by Keith
Van Dine to forward recommending approval to the Board of Adjustment the request
from Scott & Michelle Hammons, 3708 Limestone Cove, Blk 9, Lot 26, Carolina
Crossing Unit 4 for a Special Exception to the Zoning Ordinance to encroach 16' into
the 20' rear yard setback for construction of a pool and decking. Upon a vote being
called, the motion was approved.
#8 Consider And Make Recommendation: Request from Jose-Lus Cantu
1073 Gettysburg Drive for a Special Exception to the Zoning Ordinance to allow
construction of a two- car carport, with encroachment of 4'8" into the side yard setback.
Steve Simonson explained that the encroachment into the side yard setback is 2.7' of
the 7.5' requirement. Actually, the support columns will be moved to allow for the two-
car carport. Mr. Simonson indicated that the encroachment would not extend over the
. property line, nor would it extend into his neighbor's property line.
Tony Moreno asked that if the encroachment of the 4.8' would be the fascia to the roof?
Tony was advised that the issue is the encroachment (4.8') of the support columns.
The fascia would be another 12".
With no further discussion, a motion was made by Keith Van Dine and seconded by
Tony Moreno to forward recommending approval to the Board of Adjustment the
request from Jose-Lus Cantu 1073 Gettysburg Drive for a Special Exception to the
Zoning Ordinance to allow construction of a two- car carport, with encroachment of 4'8"
into the side yard setback Upon a vote being called, the motion was approved.
#9 Consider And Make Recommendation: Request from Robert and Jayne
Creasy, 3605 Gamble Street for a Special Exception to the Zoning Ordinance to
encroach 3'6" into the 20' rear yard setback for construction of a deck, which will be 13'
. 6" from the back fence.
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Steve Simonson explained that deck is to build with a railing cover. The proposed
construction would not encroach into any easements. A letter from the Homeowner's
Association (HOA) is part of the packet indicating there isn't a problem with the
construction.
With no further discussion, a motion was made by Gary Wallace and seconded by Keith
Van Dine to forward recommending approval to the Board of Adjustment the request
from Robert and Jayne Creasy, 3605 Gamble Street for a Special Exception to the
Zoning Ordinance to encroach 3'6" into the 20' rear yard setback for construction of a
deck, which will be 13' 6" from the back fence. Upon a vote being called, the motion was
approved.
#10 Consider And Make Recommendation: Request from Stanley E. Stehle,
21650 FM 2252 for a Specific Use Permit to allow placement of a manufactured home
. adjacent to an existing home.
Steve Simonson explained that the current home on the property was grandfathered
when the area was annexed and zoned with the current zoning of M-1. To place another
residence would require a specific use permit or rezoning of the property. Access to the
property is from the front 10 acres off of FM 2252. The property is also bisected by MTK
railroad. The request on this issue would still have to be forwarded to the City Council
to schedule pubic hearing, if so desired by the Commission.
Ernie Evans explained that the specific use permit is only for a specific purpose as the
request. If the property is used as rental property or used for any other purpose, or if the
land transfers ownership, the specific use permit disappears.
With no further discussion, a motion was made by Tony Moreno and seconded by
Joyce Briscoe to forward with a recommendation of approval to the City Council to
. schedule public hearing on the request from Stanley E. Stehle, 21650 FM 2252 for a
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Specific Use Permit to allow placement of a manufactured home adjacent to an existing
home. Upon a vote being called, the motion was approved.
#11 Consider and Take Appropriate Action: Request from WML Investments,
Ltd. for Final Vacate and Replat of Lots 8 & 16 of the Schuetz Subdivision NO.2.
Steve Simonson remarked that all corrections have been made as requested by the
Commission. The only corrections were to the signature page, and all required
signatures have been placed.
With no further discussion, a motion was made by Gary Wallace and seconded by Keith
Van Dine to approve the request from WML Investments, Ltd. for Final Vacate and
Replat of Lots 8 & 16 of the Schuetz Subdivision No.2. Upon a vote being called, the
vote was as follows:
Ayes: Keith Van Dine, Joyce Briscoe, Gary Wallace and Tony Moreno.
. Opposed: Ernie Evans.
Motion carried.
#12 Consider and Take Appropriate Action: Request from FM 3009 Property,
LLC. for Final Plat Approval of Cal-Tex Subdivision, FM 3009.
Steve Simonson advised the Commission that the changes and corrections have been
placed as requested: the surrounding property owners, "zoning" added to the signature
block and "Comal" added to the recordation block.
With no further discussion, a motion was made by Tony Moreno and seconded by Keith
Van Dine to approve the request from FM 3009 Property, LLC. for Final Plat Approval of
Cal-Tex Subdivision, FM 3009. Upon a vote being called, the motion was approved.
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#13 Consider and Take Appropriate Action: Request from Centres Southwest
Inc. for Site Plan Approval of Eckerd Drugs, Woodland Oaks Dr.lFM 3009.
Steve Simonson explained that the site plan is presented as required and that a tree
preservation form is attached. This is the first site plan that will deal with the tree
preservation issue, that will be discussed later on in the meeting.
Steve Simonson indicated that the following items have been submitted along with the
site plan:
1. Pole sign 18.7' the required height, and the over all square feet meet the
requirements of signage on FM 3009.
2. The building elevations showing both the left and right elevations at Woodland
Oaks Drive and FM 3009.
. Steve Simonson pointed out that a fence variance request has been submitted due to
City ordinance requirement of an 8' privacy fence separating a business from a
residential area. There is an existing 6' fence at the property line. Eckerd Drug is
outside the requirement of 25' from a residential area. If the City requires placement of
an 8' fence that would mean there would two fences abutting each other. Since the
building sits further than 25' away they are requesting the side yard variance.
Steve Simonson indicated that the site plan shows the placement of the store sign close
to the entrance off of FM 3009, light (down lights) standards denoted, size of building
denoted, and the solid waster containers (double) are shown at the rear of the building.
The waste containers will be fenced and enclosed. The proposed 8' CMU screened
fence abutting Woodland Oaks Subdivision is shown. The area adjacent to the
Woodland Oaks Village is the area they are requesting the fence variance. The drive-
thru lanes is shown, that would be accessed from Woodland Oaks Drive, and would not
interfere with the traffic pattern. The 4' sidewalk along Woodland Oaks Drive is also
. shown which is part of the City ordinance.
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Ernie Evans questioned the requirement of a sidewalk along FM 3009 and was advised
that City Council would have to take up the issue.
Steve Simonson referred to sheet labeled L-1, which shows the trees on site. Any tree
over 8" will have to be mitigated.
Gary Wallace questioned the amount of trees to be mitigated. The plan shows that 24"
is the mitigation amount, however, he believes the amount should be more.
Reese Conner representing Eckerd Drugs advised the Commission that according to
the ordinance the required amount to be preserved is 25% of 8" or larger DBH. 25% of
the total 207 is 52", and saving 24", and the remaining 39" is to be mitigated.
Gary Wallace suggested that a copy of the tree preservation/removal ordinance be
obtained. There seems to be some confusion in the interpretation.
Steve Simonson informed the Commission that the tree preservation/removal ordinance
has recently been approved by the City Council, and copy of the ordinance has not
been provided to the Commission as of this date.
Members of the Commission disagreed with the mitigation amount and indicated that
the site plan does not meet the requirement.
In further discussion, the members were in agreement that the site plan met the
minimum 25% of the total DBH of tree preservation. Their concern is the mitigation
requirement, which they believe is a separate issue, and that the mitigation requirement
should be imposed on the total amount of trees to be replanted.
Steve Simonson stated that he believes there has been a misinterpretation of the
ordinance, and will provide copies of the ordinance for review.
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A motion was made by Gary Wallace and seconded by Keith Van Dine to table item
#13, until such time that copies can be made of the ordinance, and the Commission has
the opportunity to review. Upon a vote being called, the motion was approved.
At this time, Chairman Evans continued with the following agenda item.
#14 Consider and Take Appropriate Action: Request from Schultz Group, Inc.
for Preliminary Plat Approval of Doug Campbell Subdivision, Coma I County.
Ernie Evans informed the Commission that Mr. Simonson was not available for staff
input, and asked for any comments or questions.
Tony Moreno asked for clarification in regard to the platting of the property. His
understanding is that there will be no development only subdividing of the land.
. Steven Schultz representing the Schultz Group advised the Commission that
Commissioners Moreno statement is true. The property is being subdivided only at this
time.
Steve Simonson informed the Commission that the property would have access from
the Stone Creek RV Park right of way.
Steven Schultz informed the Commission that in 1989 Stone Creek RV Park provided
an egress, ingress access when the estate partitioned that section of land. This
provided an easement up to their tract of land.
Steve Simonson explained that both Comal County and the City of Schertz Fire Dept.
requested the cul-de-sac easement for future use to insure no encroachment. The
easement permits usage by both sides of the property, and a turn around access as
necessary .
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A motion was made by Keith Van Dine and seconded by Tony Moreno to approve the
request from Schultz Group, Inc. for Preliminary Plat Approval of Doug Campbell
Subdivision, Comal County. Upon a vote being called, the motion was approved.
#13 Consider and Take Appropriate Action: Request from Centres Southwest
Inc. for Site Plan Approval of Eckerd Drugs, Woodland Oaks Dr.lFM 3009.
Ernie Evans stated that copies of the ordinance have been provided to the Commission
to further discuss this issue, is there a motion to take item #13 off the table?
A motion was made by Gary Wallace and seconded by Keith Van Dine to take item #13
off the table, and continue its consideration. Upon a vote being called, the motion was
approved.
. Steve Simonson passed out a proposed "fee schedule" for mitigation in lieu of tree
payment. The proposed pricing has been worked out by researching surrounding
nurseries in the area. This fee schedule is for consideration by the Commission and
their input on changes etc.
Gary Wallace stated that the minimum DBH is a 2" tree, which eliminates some of the
prices. Any diameter below 2" can be removed.
Steve Simonson indicated that a fee schedule was needed, and if the Commission
approves, the fee schedule would be forwarded to the City Council for their approval.
David Richmond stated that the reason the Commission undertook the responsibility of
developing this ordinance was to avoid a developer from clear-cutting a piece of
property.
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In further discussion, the Commission was in agreement that Section 4.1, A-B through
number three is addressing a piece of property and the amounts of total DBH that have
to be preserved. Separate and distinct is paragraph "c" that imposes further mitigation
requirements on the removal of any or all heritage and protected trees.
In further discussion, Eckerd Drug and the Commission agreed that a total of 140"
would be removed off the site. In accordance to the ordinance the ratio is 1" to 1" on
protected trees. There are no heritage trees that will be removed.
In further discussion, it was found that the site plan does not meet the 25% minimum for
a commercial development, however, it does meet the absolute minimum preservation
of 1 0% of the total DBH of the site. If the site plan were accepted, the Commission
would be in agreement in excepting a minimum preservation of greater than the 10%,
and accepting the mitigated number of trees as indicated on the site plan, and that fee
to be paid on the reminder would be "X", (inches).
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Reese Conner advised the Commission that he has not seem the fee schedule in
discussion, and was advised that it had been worked up prior to the meeting. Mr.
Conner was provided a copy.
Joyce Briscoe suggested that an average on pricing be taken on the three amounts
from the fee schedule. The Commission was in agreement that it would be easier with
one price for all trees.
Steve Simonson indicated that in combining the amounts, pricing for a 2" and 3" could
be reached. Larger than a 3" would have to be researched as to cost.
The Eckerd Drug representative indicated that time and their schedule was very
important. He indicated that he was aware of the direction they needed to go, however,
if it could be resolved this evening, he suggests that based on the fee schedule and
. working with the 2- 21/4 DBH he sees no problem with mitigating. He understands there
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are the issues of the variance, but if these items could be resolved this evening it would
help to keep them on schedule.
Steve Simonson stated that the Commission would have to approve the 10% minimum,
and that 140" is the amount that can not be replanted. Steve added that mitigation fees
collected would go into a separate fund to provide trees and landscaping throughout the
City.
Ernie Evans stated that in lieu of Eckerd Drug accepting the proposed tree issue
discussed, in his opinion there is no reason to postpone this issue any longer.
Steve Simonson stated that if the Commission accepts the site plan as presented which
is replacing 13 trees (Live Oak) on the property of those that are being removed, not
counting the ones inside the footprint. They still have to mitigate; mitigation is the
replanting of the trees, and paying of fees, it can be resolved this evening.
In further discussion, it was agreed that an average amount of the tree prices are $92
per inch, and the total amount of DBH is 140". 140" divided by 2" (DBH) equal 70" X
$92 = $6,440 mitigation fee.
Ernie Evans summarized that the Commission is approving and is going to hold Eckerd
Drug to the site plan as submitted in L 1 -L2, that they are to preserve 28" and that 13,
3" trees are planted, and because the 10% is met in mitigation purposes, Eckerd Drug
will pay in lieu of replacing 140" of trees.
Ernie Evans stated that the other issue for consideration is the variance for the 8' fence
along Woodland Oaks Village.
Steve Simonson informed the Commission that there is a curbing with spacing between
the curbing and the fence. There is approximately 4' to 5' in the spacing between the
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curbing and the fence. Steve Simonson informed the Commission that planting IS
planned (Red Bud trees, Crepe Myrtle's) in the area which will help buffer the noise.
David Richmond asked what were the hours of operation and was advised that they
believed Eckerd Drugs would be open until midnight, however, he was not certain.
There are some Eckerd Drugs that the hours of operation are until 10:00 p.m. and some
that are open 24 hours.
David Richmond expressed concern, that there was not sufficient lighting at the back of
the building along the drive-thru area, and was advised that the lighting would be on the
building, and the lights would shine off of the building and not directed at the residential
area.
Steve Simonson explained that the back fence of the property actually sits 29' from the
building and another 4' to 5' buffer in the car lanes. The Commission would still have to
. grant the variance, because of the requirement of an 8' fence if commercial business
abuts a residential area. If the variance were not granted, there would be maintenance
problem, with two fences back to back.
Steve Simonson indicated that the issues that the Commission is looking at this evening
are, tree preservation and the figures discussed and the variance are the two major
Issues.
Chairman Evans asked for questions, comments or concerns, with no further
discussion, the Chair will entertain a motion.
A motion was made by Gary Wallace and seconded by Keith Van Dine to approve the
request from Centres Southwest Inc. for site plan approval of Eckerd Drugs, Woodland
Oaks Dr.lFM 3009 contingent upon a letter of notification from the City for acceptance of
the tree preservation plan of less than 25% requirement, the revised mitigation
. requirement of 140" DBH, in accordance with fee schedule, variance for masonry fence
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along the southeast property line, and that the side walk along FM 3009 be approved by
the City Council. Upon a vote being called, the motion was approved.
#15 Consider and Discuss: Kaufman & Broad Bandit Sign Approval.
Steve Simonson informed the Commission that a letter from the City's building official is
part of the packet. The building official wanted this issue brought forward to explain the
problem with Kaufman & Broad concerning bandit signs on FM 3009. In researching,
city staff can not find that Kaufman & Broad received approval for bandit signs on FM
3009. Kaufman & Broad are placing an absorbent amount of signs on FM 3009, and
approximately 6-8 signs are picked on Monday afternoons, which is over the allotted
time requirement. However, this has become a situation where most everyone
(developers) is following the rules. It has been brought to the Commission for guidance.
City staff, on behalf of the Commission would like to ask Kaufman & Broad to formally
request bandit signs on FM 3009, and the reason why they are not complying with the
. requirement of bandit signs. This would allow a meeting between the Commission and
Kaufman & Broad to see if the problem may be resolved.
Joyce Briscoe commented that Kaufman & Board has total disregard for the City's
requirements, and suggested imposing fines for developers that don't comply.
Keith Van Dine agreed that Kaufman & Broad should come into the City and formally
request the placement of bandit signs.
Gary Wallace asked why did the Commission (Planning & Zoning) have to get involved
with this issue, and was advised that only Planning & Zoning can authorize bandit signs
on Schertz Parkway and FM 3009.
Steve Simonson suggested that City staff could contact Kaufman & Broad to see if the
problem could be resolved. If the problem can not be worked out with City staff, it would
. be brought to the Commission for their consideration.
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With some discussion, the Commission agreed that a letter should be sent to Kaufman
& Broad. If the problem persists, it was suggested that the Commission invite Kaufman
& Broad to meet with the Planning & Zoning Commission.
#16 Consider and Discuss: Scope of work for consultant on Comprehensive Plan.
Steve Simonson informed the Commission that cost for work on the Comprehensive
Plan well exceeds the money in the budget, and will probably exceed next year's
budget. Steve Simonson suggested that the Commission look over the document to
see if all or part of the proposal is needed to cover the City's plan. If there are no
changes, he will have to start working on a budget close to the dollar range.
With further discussion, the Commission was in agreement that the proposal submitted
has everything necessary for the City to complete its plan, with the exception of the
. conference classes.
It was suggested that the Commission consider obtaining additional samples of
completed comprehensive plans similar to the size of the City, and provided samples.
It was suggested deleting citizen input might be a way to cut down in cost. It was
decided that citizen participation is a vital tool, with Homeowner's Associations (HOA)
becoming more involved in our City.
Steve Simonson strongly emphasized that the City needs this document. We are well
aware of how the State is changing, and that the Comprehensive Plan is going to
become a much more vital plan.
Steve Simonson confirmed that the Commission supports the proposed document and
would follow up and submit a budget for the funding.
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#17 General Discussion:
Tony Moreno:
Tony had no comments.
Keith Van Dine:
Keith had no comments.
Gary Wallace:
Gary had no comments.
Joyce Briscoe:
Joyce had no comments.
Ken Greenwald:
Ken commented that the "Shoe Shop" is coming down. Ken also reported that early
voting starts tomorrow and closes on April 2th. Voting can be done at the County
offices on Elbel Rd.
David Richmond:
David asked that City staff notify "Japhet" by letter to take down the sign at FM 3009
adjacent to the Greenshire entrance. The sign is referring to a model home that no
longer is on the property.
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David pointed out that the sign (Val's) at the corner of FM78 and FM 3009 is still there,
and asked what was the status on the removal of the sign. Steve Simonson indicated
that the sign should have been taken down, however, he will look into.
Steve Simonson:
Steve had no comments.
Ernie Evans:
Ernie commented that on FM 78 on the south side of the creek bed there is a new sign,
and was advised that Bexar County authorized the new sign. That area is not in the city
limits of Schertz.
. #10 Adjournment:
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Keith Van Dine moved to adjourn the meeting. David Richmond seconded the motion.
The meeting adjourned at 9:10 p.m.
,,0 ---r-t} ('
L/\/ 1 \J..,a-.--/ 't-- lC;---c~ i'- ).
Chairman, Planning & Zoning
ATTEST:
Planning Secretary, City of Schertz
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