07-27-1999
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PLANNING & ZONING MINUTES
The Schertz Planning and Zoning Commission convened in Regular Session on
Tuesday July 27, 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
Gary Wallace
Joyce Briscoe
George Maxfield
Ken Greenwald, ex-officio
Steve Simonson,
Asst. City Manager I
Planning Coordinator
Mary Ybarra, Planning &
Recording Secretary
Commissioners Absent
Others Present
Duane Krueger,
Krueger Construction
R.C. Plogge,
Halff Associates
Karen Mayo,
3733 Davenport St.
Margie Crenshaw,
3708 Wm. Scarbrough
#1 Call to Order:
Chairman Evans called the July 27, 1999, meeting to order.
#2
Approval of Minutes:
Regular session of July 13, 1999.
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Chairman Evans asked if there are any correction or additions to the minutes?
Ernie Evans stated that on the first page, the meeting of July 13, 1999 was conducted in
reQular session, not a public hearing. On page four, -second paragraph, he as asked
the recording secretary to review the tape from the meeting and clarify the "80' setback
line", he doesn't recall this being the distance of the setback line.
With no further discussion, a motion was made by Keith Van Dine and seconded by
Gary Wallace to approve the minutes of July 13, 1999 as amended. Upon a vote being
called, the vote was as follows:
Ayes: Ernie Evans, David Richmond, Keith Van Dine, Tony Moreno, Gary Wallace and
George Maxfield.
Abstention: Joyce Briscoe (absent at said meeting).
#3 Status of Final Plats:
There were none.
#4 BOA Actions:
The BOA has not met and there will no report.
#5 Citizen's Input Other Than Agenda Items:
Margie Crenshaw, 3708 Wm. Scarbrough a concerned citizen would like to know what
is being proposed at the corner of Savannah Square and FM 3009. There has been
some activity and trees have been tagged and marked. Are these trees going to be
removed or what is proposed? There are some large Oak trees on the property that she
is concerned about and would like to know if the City can do anything to protect these
trees in the event these trees are to be cut down.
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Steve Simonson informed Mrs. Crenshaw that a "Walgreen Drug Store" is proposed at
that corner. The trees marked or tagged he believes is a survey being conducted that is
requirement by the City's tree ordinance. At this time, we are not sure where the
building will be placed or their tree plan and until the plans are brought in to the City, we
won't know. If trees are marked it doesn't necessari Iy mean these trees are marked for
destruction, the trees marked might be part of the survey for the tree plan. The City of
Schertz has an ordinance to protect trees of 8" DBH and over. It also protects heritage
tress of 24" DBH or over. A heritage tree can not be removed for any reason unless
there is no other way to accomplish the development. The removal of such a tree would
have to be approved by the Planning & Zoning Commission. If trees 8" and over have
to be removed, a certain number of trees would have to be planted, the City has a
replacement system to re-plant. However, if everything has been done to save trees
and re-planting has been done but the number of trees removed is still more than what
has been planted, then monies would have to paid into a tree fund (Tree Mitigation
Fund) set up by the City to plant new trees. If developers are welling to work with the
City in saving trees, these are the types of developments the City is looking for.
Mrs. Crenshaw commented that if the Walgreen Drug Store project did not get approval,
what is the possibility of the park in that area. Mrs. Crenshaw was advised that there
isn't sufficient land to build a Park. The property would have to be purchased either by
the homeowners association or the City of Schertz. However, it's very expensive
commercial property. The City of Schertz has no plans to purchase this land. It's a
tough location to put a park, it's not big enough and has a drainage area that runs
through the property. Multiple things have to be looked at before development can
occur.
Mr. Simonson advised Mrs. Crenshaw that if she had any more questions or concerns
to call his office. Mrs. Crenshaw thanked the Commissioners for their time.
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#6 Consider and Take Appropriate Action: Request from Raymond & Karen
Mayo, 3733 Davenport, Savannah Square Unit 2 for a Special Exception to the Zoning
Ordinance to install an above ground pool encroaching into the utility easement.
Steve Simonson reported that the above ground pool would be covering most of the
utility easement at the rear of the house, leaving 3' of free space to the back fence. A
letter from Paragon Cable is part of the packet stating it is not a problem. A letter from
GVEC stating that if work has to be done the pool would have to be moved. The utilities
(Paragon, Southwestern) are under the pool which are buried underground
approximately two to three feet deep. Electric utilities are buried approximately five feet
deep.
Joyce Briscoe asked what is the required depth for utility cables, because the utility
cables on her property are only buried between 22" to 24" deep. Steve Simonson stated
that the State Law requires that utility cables are buried 5' deep. This is the standard
. depth.
Gary Wallace asked what property lies behind the Mayo's lot and was advised that it is
Wilder Intermediate School.
Ernie Evans asked if there was reason why the back yard was chosen to place the pool
and not the side? Mrs. Mayo stated that a storage barn and a large mature Oak tree are
in the other part of the yard.
Keith Van Dine asked what if residents were not comfortable with moving the pool,
could the utility company move the pool or what would happen? Steve Simonson
responded that the pool would be moved without the owner's permission and the utility
company would not be obligated to put the pool back. However, the Mayo's are aware
of this and do not have a problem if the pool has to be moved.
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Ernie Evans asked if a deck is planned for the pool area? Mrs. Mayo stated that a very
small deck is planned.
With no further discussion, a motion was made by Gary Wallace and seconded by Keith
Van Dine to forward to the Board of Adjustment recommending approval the request
from Raymond & Karen Mayo, 3733 Davenport, Savannah Square Unit 2 for a Special
Exception to the Zoning Ordinance to install an above ground pool encroaching into the
utility easement.
#7 Consider and Take Appropriate Action: Request from Don McCrary &
Associates for Final Plat Approval of Oak Trail Subdivision Unit 2.
Steve Simonson stated that all signatures are placed, the l' non-access easements are
added to lot 1 and 49. The 20' building setbacks are shown on the cul-de-sacs as
presented on the preliminary plat. An application was sent requesting a variance to
. allow the 20' building setback however, the request is not needed because the
Commission has the authority under the City's Unified Development Code, Article XI,
Section 3.3 and 3.4 to make variances under the platting procedure.
Ernie Evans asked if the Planning and Zoning signature block is correct? Steve
Simonson advised that he would check the codebook, in checking the signature block is
the same as the one in the City's Unified Development Code.
With no further discussion, a motion was made by Gary Wallace seconded by Keith Van
Dine to approve the request from Don McCrary & Associates for Final Plat Approval of
Oak Trail Subdivision Unit 2 to include a variance for 20' building setbacks in the cul-de-
sacs as identified on the plat. With a vote being called the vote was as follows:
Ayes: Ernie Evans, Tony Moreno, Keith Van Dine, Gary Wallace, and George Maxfield.
Opposed: David Richmond
. Abstention: Joyce Briscoe
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#8 Consider and Take Appropriate Action: Request from Continental Homes
of Texas L.P. for Preliminary Plat Approval of Carolina Crossing Unit 7.
Steve Simonson stated that the plat extends out to the western limits of the property
however, the vacant remaining property is not designated and is assumed it is part of
the Homeowners Association (HOA). The property is not labeled one way or the other
as to what is planned for the remaining property. The property has a transmission line
over it, some flood plain, quite an elevation change and the area does not encroach
onto Schertz Parkway. The Planning & Zoning signature block is not in accordance to
the City's code.
Ernie Evans asked if anyone was present to answer questions on the request from
Carolina Crossing? No one responded and was assumed that no representative was
present. Ernie Evans indicated that these are issues would have to be addressed before
action could be taken on the request from Carolina Crossing Unit 7.
The Commission was in agreement that the request should be tabled until such time
that a representative is present to address these issues.
David Richmond questioned note #10 on the plat, where it states that the overhangs
from the roof of the house are allowed in the 5' foot yard setback. That would suggest
that the houses are less than 15 feet apart. Is this correct or does this issue need to be
addressed. Steve Simonson stated that homes are usually less than 15 feet apart. The
measurement for the 15 feet separation is from foundation to foundation and roof
overhangs are usually at 13 feet apart.
With no further discussion a motion was made by Keith Van Dine and seconded by
George Maxfield to table the request from Request from Continental Homes of Texas
L.P. for Preliminary Plat Approval of Carolina Crossing Unit 7. With a vote being called,
the motion was approved.
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#9 Consider and Take Appropriate Action: Request from Krueger
Construction for Site Plan Approval of Biry Garage/Office, Commercial Place, Schertz
Business Park.
Steve Simonson stated that his notes explain the lots that would be used for the
development of the garage/office. Lots 24, 25 and 26 have been combined. These lots
have been platted, which now are lots 31 and 30. The development will be using lots 23,
24 and 31, which basically were lots 23, 24, 25 and 26.
Ernie Evans asked if a re-plat has been done on the lots being used for the
development? Steve Simonson stated the lots would not need to be platted. The only
time when the City requires re-platting is when development is crossing utilities or things
or that nature. There are no utilities and one owner owns all three lots.
Steve Simonson stated that the site plan indicates the use of mercury vapor lights on
. the building, no dumpster, no sign either on the building or on the street. There will be
no fence. The proposed building is 7,675 square feet; most of the building will be
located on lot 24, concrete parking on lot 23 and 31. The landscape plan indicates 2"
diameter live oak trees in 20-gallon containers planted at 50' intervals.
Gary Wallace questioned the 2" diameter live oak trees at 50' intervals. Doesn't the
city's ordinance require 4" DBH at 50' intervals and was advised that was a true
statement.
Ernie Evans questioned the 12' x 12' drain area that is indicated at the back of the
building showing a grease trap and 50 gallon drum. Mr. Krueger representing Krueger
Construction stated that the area is to be used as a wash area and the holding tank is to
be pumped.
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Ernie Evans stated that getting back to the tree issue, has a decision been reached?
Steve Simonson stated that in researching the ordinance the ordinance does require 4"
DBH at 50' intervals, which would require more trees to be added to the site plan.
Mr. Krueger stated that 4" DBH live oak trees would not be a problem and would comply
with the City's ordinance.
Ernie Evans stated that if there isn't a problem and the Commission is in agreement the
site plan could be changed to read 4" DBH live oak trees to be planted at 50' intervals.
Mr. Krueger was asked to change the site plan to read 4" DBH live oak trees sign and
date the document to make it official. The Commissioners were in agreement and Mr.
Krueger made the change.
With no further discussion, a motion was made by Gary Wallace and seconded by Keith
Van Dine to approve the request from Krueger Construction for Site Plan Approval of
. Biry Garage/Office, Commercial Place, Schertz Business Park as amended. With a vote
being called, the motion was approved.
#10 Consider and Take Appropriate Action: Request from Halff Associates,
Inc. for Preliminary/Final Vacate/Replat of Block 4, Unit 3, Tri-County Business &
Industrial Park.
Steve Simonson stated that the plat is not divided into two parts; the vacate area and
the replat area because they wanted to show where the electrical easements are to be
abandoned. However, if the Commissioners would like the document to show the two
separate sections, vacate and re-plat it can be done. A copy of the different utilities that
are being discussed at this time is also a part of the packet. At this time, no finalization
has been done on the abandonment of the utilities. The request for the abandonment
would affect "Alamo Holly" and at the present time it is not sure how electric power
would be provided.
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Mr. Plogge representing Halff Associates explained the layout of the lots. Lot 1, (Alamo
Holly) and 9 would stay as those lots. Lots 1, 2 and 3 are to become one block with the
three lots combined.
Ernie Evans mentioned that on lot 7 there is a 25' building setback line and a 20'
Southwestern telephone line indicated by the same line. It was advised that it was an
error and would be corrected. It was mentioned that the electrical poles would be
removed at the time of the abandonment. "Alamo Holly", lot 1 would receive electric
service from the end of the their property at Guad Coma Dr. The service would dead-in
at that point.
Gary Wallace asked if it is normal procedure to have a plat submitted Showing vacate
and re-plat area as separate documents. Gary Wallace was advised that it is up to the
Commission whether it wants to accept the plat as one document or not.
. Gary Wallace stated that he doesn't feel the Commission can take action on a
preliminary/final without knowing something concrete from City Public Service (CPS) on
the abandonment of the easements. He doesn't see a problem with taking action as a
preliminary plat however, would this cause a problem with the developer. Mr. Plogge
stated that the property has to be platted before the property could be purchased and
would like the Commissions approval this evening.
Ernie Evans stated that he would like the plat to come back as a clean, clear document
indicating what easements are to be abandoned and that the abandonment has taken
place. The other correction showing the telephone easement indicated by a correct line.
The Commission was advised that City Public Service has stated that they don't foresee
a problem and are waiting for signatures. Tony Moreno stated that the only contingency
is the electrical easement however, the letter from CPS is part of the packet indicating
no problem is foreseen. Tony mentioned that he personally doesn't see a problem with
. the way the plat was submitted, it isn't a very complicated plat.
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With no further discussion, a motion was made by Gary Wallace seconded by Joyce
Briscoe to disapprove the request from Halff Associates, Inc. for Preliminary/Final
Vacate/Replat of Block 4, Unit 3, Tri-County Business & Industrial Park. With a vote
being called, the vote was as follows:
Ayes: Ernie Evans, David Richmond, Gary Wallace and Joyce Briscoe.
Opposed: Tony Moreno, George Maxfield and Keith Van Dine
Motion carried.
#11 General Discussion:
Tonv Moreno:
. Tony had no comments.
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Keith Van Dine:
Keith asked if there as any word on the Cibolo development and was advised that at
this time there was no word. Keith mentioned that he had talked with Commissioner Jim
Wolverton and had mentioned the Cibolo development and that the Planning & Zoning
Commission would like to be notified of any future meetings in discussion of the
proposed development.
Gary Wallace:
Gary had comments.
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Joyce Briscoe:
Joyce asked if someone could inform her of the Cibolo development due to her absence
at the last meeting. Ernie Evans brought Joyce up to date on the proposed development
in Cibolo and the letter sent to Commissioner Jim Wolverton requesting that the
Planning and Zoning Commission be notified of any meetings to discussion such
development.
GeorQe Maxfield:
George had no comments.
Ken Greenwald:
Ken had no comments.
David Richmond:
David had no comments.
Steve Simonson:
Steve stated that there is not much new to report. He mentioned that Kaufman & Broad
is requesting a zoning change for a tract of land along Ashley Place off of Schertz
Parkway, which will be an agenda item at our next meeting.
Ernie Evans:
Ernie had no comments.
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#12 Adjournment:
David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion.
The meeting adjourned at 8:05 p.m.
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Chairman, Planning & Zoning .6ommission
ATTEST:
Planning Secretary, City of Schertz
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