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10-26-1999 n/s . . . . . PLANNING & ZONING MINUTES The Schertz Planning and Zoning Commission convened in Regular Session on Thursday October 26, 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 Tony Moreno Gary Wallace George Maxfield Joyce Briscoe Keith Van Dine Ken Greenwald, ex-officio Steve Simonson, Asst. City Managerl Planning Coordinator Mary Ybarra, Planningl Recording Secretary Commissioners Absent Others Present Maureen Goodrich, 733 Twin Branch Clifford Johnson, Converse, Texas #1 Call to Order: Chairman Evans called the October 26, 1999 meeting to order. #2 Approval of Minutes: Regular session of October 14,1999. Chairman Evans asked if there are any correction or additions to the minutes of October 14, 1999? 1 . . . With no further corrections or additions, a motion was made by David Richmond and seconded by Tony Moreno to approval the minutes of October 14, 1999, as written. With a vote being called, the motion was as follows: Ayes: Ernie Evans, David Richmond, Gary Wallace, George Maxfield, and Tony Moreno. Abstention: Joyce Briscoe and Keith Van Dine (not at said meeting). #3 Status of Final Plats: There were none. #4 BOA Actions: Chairman Evans reported that the Board of Adjustment took action on two requests, Lee Fredrick and Mr. Singleton; both requests were approved. #5 Citizen's Input Other Than Agenda Items: . There were none. #6 Consider and Make Recommendation: Request from William W. Sommers, 1016 Antler Drive for a Special Exception to the Zoning Ordinance to encroach 2.5" into the 7.5 side yard setback for construction of a garage addition. (BOA #131-99). Steve Simonson informed the Commission that Mr. Sommers would not be present at said meeting. Mr. Sommers was called out of town on a business matter. However, he explains in a letter to the Commission the reason for the variance request; to allow construction for improvements to his property which would avoid flooding to his home. Since the flood of 1998, and other periods of heavy rains, water has entered the home on three separate occasions. The existing structure enables the water to flow and discharge, causing the water to enter the home. The remodeling plan would convert the existing garage into a master bedroom and bath. Additional, square footage would be . added to the existing room area. The construction of the new garage would tie into the 2 . . . existing house. However, to have sufficient space to construct the new garage, which would house two vehicles and storage area, the encroachment into the existing set back restriction of 7.5' deems necessary. Gary Wallace asked if it was known how far Mr. Sommers house is from the adjacent house? Gary was advised the adjacent house is approximately 25' from the fence shown on the map to the adjacent house. Ernie Evans informed the Commission that by looking at the map provided; it seems that the garage, deck and patio would encroach into the 7.5'. Is the garage being singled out or are we to assume that the construction of the deck and patio would also infringe into the limitation of the set back. Steve Simonson explained that he has not spoken to Mr. Sommers in regard to these two issues. It seems the blank area in question, which is shown on the map, appears to . be closer than the garage. Mr. Sommers will be asked, replied Mr. Simonson Ernie Evans voiced some concern to the oak tree in the back yard; will it be removed. Mr. Simonson stated that it is his understanding, in conversations with Mr. Sommers that he plans to maintain everything he can in the area. Ernie Evans asked that if the Commission wants to take action on the garage addition only or did the Commission want to consider the two issues of the deck and patio, due to the deck and patio infringing into the setback requirement. The Commission voiced some concern in regard to the deck and patio encroaching more than the encroachment of the garage and suggested that these two issues be treated as separate issues. Mr. Simonson stated that the map provided scales very close to the building plans. However, it is up to the Commission to include these two issues as part of the request or bring them back as separate issues. Mr. Simonson added that there are no . 3 . . . easements in the area that would be affected however, there is a large drainage easement behind the home. With no further discussion, a motion was made by Gary Wallace and seconded by Tony Moreno to forward recommending approval to the Board of Adjustment the request from William W. Sommers, 1016 Antler Drive for a Special Exception to the Zoning Ordinance to encroach 2.5' into the 7.5' side yard setback for construction of a garage addition. #7 Consider and Make Recommendation: Request from Clifford Johnson, 6840 FM 1518, to rezone 30 acres off of FM 1518 from RA (Residential/Agricultural) to MH (Mobile Home District). (ZC #164-99). Steve Simonson stated that the metes and bounds and a map showing the 30 acres proposed for rezoning are provided as part of the packet. This particular tract has been . through the rezoning procedures with Planning and Zoning and City Council however, due to funding and other factors involved Mr. Johnson had to withdraw the request. The situation has changed and Mr. Johnson is ready to move forward with the project to rezone the property. Ernie Evans asked that if the 30 acres would be combined with the existing 31 acres zoned MH. Mr. Johnson replied yes, that it would be a com~ined 61 acres, proposed for mobile home subdivision. Steve Simonson stated that Mr. Johnson is fully aware of the major water line in the area and other issues discussed in the past. This is the first step to bring this request together and move forward with the master plan and platting. This request would also require public hearings from both the Planning & Zoning Commission and City Council. With no further discussion, a motion was made by Keith Van Dine and seconded by . Joyce Briscoe to approve and schedule public hearing on the request Clifford Johnson, 4 . . . . . 6840 FM 1518, to rezone 30 acres off of FM 1518 from RA (Residential/Agricultural) to MH (Mobile Home District). With a vote being called, the motion was approved. #8 Consider and Make Recommendation: #429-99. On Bandit Sign Proposal. (PC Steve Simonson stated that there are several items that have been added and deleted by the Inspection Department. As indicated by the changes the Inspection Department does not want to store any of the signage. The changes indicated include changes from the Commission and the Inspection Department. At this time, Mr. Simonson asked the Commission if the document was ready for finalizing? Chairman Evans asked if the Commission had any comments and at this time Mr. Greenwald made mention that on page one section H. (1) to clarify the hour the signage was permitted (from Friday 3 p.m. to the following Monday 10 a.m.). The Commissioners were in agreement to changes to the entire document to be as followed: Page two: Section 5: Registration, permits and fees and Section 6: Map, listing. Page three: Section (e) Placement of unauthorized sign: Criminal offense, Penalty, (2) Section (f) Defense, (a). Page four: Section (g) Administrative Penalties, (1) and (1b.) Page five: Section (3) is now Section (2), and 2a and 2c.; Application form second paragraph should read as follows: "Applicant is required to pay an annual permit fee of $50.00........ etc". With no further discussion, a motion was made by David Richmond and seconded by Keith Van Dine to approve the amended Bandit Sign Proposal draft of changes to Unified Development Code (UDC) and to schedule public hearing. With a vote being called, the motion was approved. 5 . . . #9 Consideration and Discussion: Recommendations. On Possible Future Annexation At this time, Chairman Evans asked Steve Simonson for staff input. Mr. Simonson stated that he brought the Commissions approved map that had been sent forward to City Council indicating the areas for annexation. He indicated that the map has changed since it was introduced and approved. For those that don't recall the letters indicated on the map as follows are what was approved: The area of 1-A - 1st priority, 1-B - 2nd priority, etc. Mr. Simonson stated that the area of Schaeffer Road and Lower Seguin Road, if the Commission recalls is an area that should not be touched either by this Commission or City Council. At this time, this area is in litigation because of the last flooding in the area. Bexar County hasn't decided what is to be done, they have indicated that if the entire area were to be bought and given to the City of Schertz would the City turn the area into a park? The City of Schertz agreed it would be concerned. Another area in discussion was the area of below Lower Seguin down to IH10. There . has been a lot of activity in this area (IH1 0) and there is no chance of annexation in this area. At this time, San Antonio is holding public hearings on the east side and the IH10 corridor on how this area is going to be developed. The City of San Antonio has committed to a sewer plant for the area of FM1604 and IH10. Mr. Simonson explained that with the above areas excluded the only the areas left are off of Eckerd Road, FM 1103 and the Northcliff area. There is some in-fill areas off of IH35 that are left. The City has annexed some of the property in this area, which left this in-fill area for possible annexation. In conclusion, Mr. Simonson stated that it is up to the Commission to decide what areas to forward to City Council for their consideration for future annexation. Mr. Greenwald explained that since NorthCliff residents have combined both water districts (Mud #1 and Mud #2) and contracted the City of Schertz to maintain the area, the operation is running a lot smoother. Mud 1, will be out of debt in approximately two . years and could be annexed at that time. As for Mud 2, their debt is the vicinity of 6 . . . $500,000. In order to annex and considering the State law, anyone wanting to annex this area would have to consider two main items, water and sewer and how to provide these items to the annexed areas. This would have to be done in a three-year time frame according to State law and there is no way this could be done. Ernie Evans stated that the attorneys at the APA conference stated that there is a three- year window where the law does not apply, provided that these older areas are not combined with the required annexation plan to be in place by January 1, 2000. These old areas such as in-fill areas the law does not apply to. However, the concerns are if any of these other areas are not done in this three-year window they would cease to exist. If a line is drawn at the North Cliff area, this area could be looked at three years down the road in future annexation. The in-fill area annexation would need to be done under the existing plan. Ernie Evans stated that the City needs an annexation plan in place by the end of the year on the areas discussed. . Tony Moreno asked what would be forwarded to the City Council? The annexation plan previously approved and the areas discussed this evening. Steve Simonson stated that basically the Commission could, however the Commission could forward another recommendation of the rational of what the Commission is thinking and why. This would allow City Council to forward the recommendation to the City attorney, wanting their recommendations to City Council before Planning and Zoning could move forward with a recommendation of an annexation plan on the areas discussed this evening. After much discussion, as to the areas for future annexation and immediate annexation the Commission was in agreement that the Planning and Zoning forward their recommendations on these two issues, annexation action has to begin on areas that the City would like to annex however not include these areas in the annexation plan. The other areas are areas that would be annexed immediately prior to December 31st 1999. With no further discussion, a motion was made by David Richmond seconded by Gary . Wallace that given the passage of Senate Bill 89m by the 76th Texas Legislature, it was 7 . . . recommended that the City Council adopt an annexation plan on or before 31st of December 1999. This annexation plan is to include property in the City's ET J for long term development. Additional, Planning staff having identified certain in-fill properties located principally to the north of IH35 which do not need to be included in the annexation plan, the Commission recommends these areas are set up for immediate annexation with procedures to begin prior to December 31st 1999. With a vote being called, the motion was approved. #10 General Discussion: Tony Moreno: Tony had no comments. Keith Van Dine: Keith commented that there is another home going up on Ware Seguin Road, it looks . like a Jim Walter Home. Steve Simonson replied he would look into. Gary Wallace: Gary had no comments. George Maxfield: George had no comments. Joyce Briscoe: Joyce had no comments. Ken Greenwald: Ken mentioned that he hoped everyone had a good time at the Business Appreciation Dinner. Ken also mentioned that CBS had an AMR segment 60-minutes. RAFB will be using this service on base. After seeing the segment Ken commented he foresees many . problems with the service. 8 . . . Ken reported that the water supply issue is continuing on a good note. More land is being looked at, which would supply both cities for the first couple of years. Ken also mentioned that he finally had a chance to attend the Citizen Police Academy on Thursday. If anyone is interest, you need to go it is very informative. In conclusion, City Council members will get a tour of the new facilities tomorrow night. The contractor has advised it will be the first week in December before the City can see an end to construction. There are to be discussions on the remodeling to the existing buildings as soon as tomorrow. David Richmond: David asked if there is any word as to when FM78 will be under way, he has hopes as to soon. Steve Simonson: Steve commented that with the construction of FM 78 planned to start in June of 1999, . the brackets for the Xmas decorations were removed from poles along the ROW taking. With construction not commencing and Xmas decorations needing to go up we have a problem, no brackets. Public Works manpower is stretched very thin and the Xmas lights will have to be tested one by one this year because if you recall last year after the flood, some of the lights after putting them up half of them did not work. Steve reported on what is planned for the Xmas lighting this year. 1. Xmas lighting ceremony will be on Friday night, 2. Children's Village walkway with animation, 3. Lighting contest winner plaques upgraded. Inclusion, Steve mentioned that the restaurant development planned for IH35 and Schertz Parkway is still talking with the City. . 9 . . . . . #11 Adjournment: David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion. The meeting adjourned at 8:30 p.m. Chairman, Planning & Zoning Commission ATTEST: Planning Secretary, City of Schertz 10