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05-27-1997 n/s ~ . . e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, May 27, 1997 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 MERWIN WILLMAN, SECRETARY PIA JARMAN GARY WALLACE KEITH VAN DINE TONY MORENO KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER EVELYN BOGGESS, RECORDING SECRETARY MEMBERS ABSENT OTHERS PRESENT Keith Van Dine (work related) Greg San Marco, McCrary & Associates 11 CALL TO ORDER Chairman Ernie Evans called the May 27, 1997 regular meeting to order at 7:00 p.m. 12 APPROVAL OF MINUTES: Public Hearing and Regular Session May 13, 1997. Merwin Willman moved to approve the minutes as published. Gary Wallace seconded the motion. The motion carried unanimously. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. 14 STATUS OF PLATS: There were no plats to report on. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Don McCrary Associates for Preliminary Plat Approval for Berry Creek, Unit 2. ( PC # 31 7 - 9 7 ) . -1- ~ Ernie Evans asked ~ve Simonson for staff inptt. Steve Simonson pointed out that the plat actually shows 58 lots, not the 47 that it lists. In the area identifying the unit, it says "Unit 1" and this should be "Unit 2". There are quite a number of lots that do not meet the 60 foot wide status that had been established. Steve Simonson asked if this was a 60-55 foot frontage split, he also added that the lots were deep enough to meet the square footage requirement. Merwin Willman pointed out that the Master Plan showed 36 lots at 55 feet, 69 lots at 60 feet, 8 lots at 65 feet and 8 lots at 70 feet for a total of 121 lots. . Ernie Evans pointed out that there is a Block 3 in both Unit 1 and Unit 2. Steve Simonson showed where Berry Trace connects the two units, and is a continuous street. Ernie Evans commented that in most cases the streets are in common. Greg San Marco felt this was a typographical error and that the Block 5 in Unit 2 should be Block 4 and this was to be a continuation of Unit 1, Lot 1 Block 4. This error is on Berry Park. Ernie Evans asked about Lot 80 the Drainage Right of Way versus the plat line for Unit 2, the lot frontage showing 49.54 feet. Greg San Marco explained that there was another measurement of 2.32 feet that they would like to add to lot 80 and make this an easement rather than a Right Of Way and dedicate that easement to the Home Owners' Association. Ernie Evans asked if this was to be a grass easement or a concrete easement. Greg San Marco said that there is concrete to the setback line and that this is a wide shallow swale. Ernie Evans pointed out that since there is a concrete fence along the property line there and if the bottom of the swale is not concrete, and an outlet is not put in of concrete or duct, then where will all the water go? Greg San Marco said that the fence would have a serrated opening to protect the land from erosion. The depth of the channel and the velocity of the water would be a consideration. Ernie Evans pointed out that the statement in line 7 is wrong. Berry Way and Berry Park is Lot 1, Block 5. This should be Lot 1 Block 4. David Richmond suggested that each plat should have the number of lots and their sizes shown on the plat. Ernie Evans said that the islands need to be shown and labeled as common areas on the plat. Steve Simonson also pointed out that in the note under the curve data, it reads GVTC and this should be GVEC. Merwin Willman asked about the cable being run in the street according to Note 8 (lower left corner of plat). Steve Simonson said it actually runs in the street Right Of Way, not in the street. ~ -2- Ernie Evans aSked4ltf the drainage Right Of W~ had making a change of the Master Plan. Greg San Marco had been moved for street profile and that would fit upon the survey. This would also be changed from a to an easement. been moved, said that it better based Right Of Way ~ Ernie explained that because of the issues concerning this plat, there were two alternatives available. Either approve the plat contingent upon corrections being made and submitted, or disapproval of this plat. Greg San Marco asked if the construction plans can be submitted for review without an approved plat, since these plans will be completed within the week. Steve Simonson stated that would not be a problem because this is an ongoing subdivision. Ernie Evans asked if there were any other questions or comments. Merwin Willman had a question concerning lots 60 and 61 and what the frontage would be, Steve Simonson explained that this is figured at the building setback line. Merwin Willman also was concerned about the radius of the islands within the cul-de-sacs and would this allow room for turn around of emergency vehicles with other vehicles parked on the street. Gary Wallace asked if the purpose of the islands was to preserve trees or just for decor. Greg San Marco explained that it was for a streetlight. . Ernie Evans explained that the island radius needs to be shown as on a standard plat from the center dot to one side of the island. Pia Jarmam felt that because of so many corrections being needed on this plat, that a new plat should be submitted. Merwin Willman also agreed that this plat should be disapproved. Pia Jarman moved that the Commission disapprove the preliminary plat because of all the items discussed, requesting that a new preliminary plat with corrections be submitted. Gary Wallace seconded the motion. The motion carried unanimously. #6 CONSIDER AND MAKE RECOMMENDATION: Request from Paul John for Specific Use Permit to the Zoning Ordinance for additional residential use in a General Business District. Steve Simonson passed out a map showing the approximate layout of the property on IH 35. The breakdown for the property is 1.872 acres for the houses, 1.035 acres for the business and .475 acres of raw land. Mr. John's request is to move a mobile home for a family member onto this land, on a temporary basis. The two current residences were grandfathered, but to add another residence in a GB area requires a Special Use Permit. ~ -3- Merwin Willman as~ how this new residence wttld be reached per the proposed location. Steve Simonson explained that the existing gravel driveway that is off the IH 35 access would reach it. . Gary Wallace asked if the property has a sewer or is it on a septic tank. Steve Simonson answered that it was on a septic tank and that a new septic tank would be needed. Pia Jarman asked for a clarification of information on the back of the application which conflicted with information provided on the front page of the application. Mr. John had written "two residents", should this read two "residences"? According to the map, it is two residences, the mobile home would constitute a third residence. Ernie Evans asked if the other two residences were on sewer or septic. Steve Simonson explained that all the residences are on septic tanks and that the new mobile home would also have to be on septic tank. Ernie Evans asked if there was enough raw land left on which to put an additional septic system. Steve Simonson stated that would be up to the county. Merwin Willman asked about the temporary residence and how long is "temporary". Steve Simonson responded that this would be until the land is sold or Mr. John develops the business. Merwin Willman suggested that a time limit be set and suggested two (2) years, after that time then Mr. John could request an extension for the Specific Use Permit. . David Richmond expressed a concern about putting "temporary" residences in General Business areas, that appear to be for an unlimited amount of time. Merwin Willman feels that the way to control that is to put a limit of time on the permit. It was agreed that a restriction can be placed on the request approval. Merwin Willman also noted that it would be legal to request a site plan. The drawing that was presented does not fit what a site plan should consist of, therefore, an additional site plan should be requested since it is required for placing a residence in General Business areas. Ernie Evans commented that he is unsure whether the large tanks at the back of this area is on this property or not. It was also noted that this is just a recommendation to the Council and that the Council can impose further restrictions per Article 5, paragraph 5.22. David Richmond moved that this request from Paul John for a Specific Use Permit to place an additional residence in a General Business Area be tabled until Mr. John can appear before this Commission to answer questions relevant to this request. The motion was seconded by Gary Wallace. The motion carried unanimously. #7 CONSIDER AND MAKE RECOMMENDATION: Request from Steve & Carol Simonson, 1309 Chestnut Dr., For Special Exception for a side yard setback (from 7.6' to 5') and accessory building setback (from 10' to 4' (BOA #92-97). -4- . Information from ~ve Simonson: one problem ttat the owner will have to address concerns the utilities. The plat does not show the 5-foot, sideyard utility easement. To do this, the underground utilities will have to be moved. One other item to be concerned ~ with is tying into a mansard roof. Ernie Evans asked if there was a sideyard setback. Steve Simonson responded that this is an R-2 area and has an official sideyard setback of 7.5 feet. The house was actually built 6 feet from the sideyard. Another problem is that the house is built at an angle to the fence/property line. Ernie Evans asked if the accessory setback is the pool deck shown by the curved dotted line, being the 4-foot left between the house and accessory building for the new room addition. The response was yes. Steve Simonson said that he has talked to his neighbor and neighbors' house is approximately 18-feet from the fence and this would not be a problem. the that Ernie Evans asked if there were any other questions or comments. There were none. Gary Wallace moved that the Commission forward the request from Steve and Carol Simonson for a Special Exception for a side yard setback, from 7.5 feet to 5 feet and accessory building setback from 10 feet to 4 feet, to BOA, recommending approval. The motion was seconded by Tony Moreno. The motion passed unanimously. . #8 CONSIDER AND DISCUSS: Schertz Parkway Zoning and Overlay Ordinance. Ernie Evans pointed out that Schertz Parkway zoning and the Overlay Ordinance are two separate things. These items came up in discussions in the Commission, as well as the meeting with the TIF Board, and also discussed in the Comprehensive Plan meeting. Merwin Willman explained that he has a first draft of his recommendations, but he wants a chance to make changes and corrections. He hopes to have this available for the next meeting. Ernie Evans wanted to get distance for the depth of the overalay district, and changes for the depth of that overlay district. His concern is parking lots being built up to the edge of the Parkway and being sure that a greenbelt is maintained. ~ Pia Jarman said that the Comp Plan meeting, with Dr. Steele present, was very enlightening. Pia Jarman felt that information that Dr. Steele presented conflicted with information from the TIF Board. One of the items Dr. Steele mentioned was that what we do on Schertz Parkway does not help the school one way or the other. The School District funding is not really affected. Any gain in Tax Revenue for the school from the Parkway results in lost funds from the State. By keeping the Parkway area a business area, one benefit to the school district is that it would not have an increase in children to worry about. -5- e e Merwin Willman said that regardless of what is in the overlay, they will have to comply with the requirements. Ernie Evans explained that this is his concern regarding the depth of the overlay district. ~ Ernie Evans asked about the depth from the curb to the first street of the Live Oak Hills area. Steve Simonson explained that the lots are 75 feet deep with a 60 foot Right Of Way for the street. Ernie Evans asked if asphalt could be put right at the curb, even with the 500-foot setback. Steve Simonson explained that from the existing curb there is still a City Right Of Way of ten feet, a 20-feet green belt buffer, and a 50-foot building setback from the property line. Any building would be approximately 60 feet from the curb. Steve Simonson thought that the greenbelt could be less if a building were going in that had a parking lot to the back of the building, this is an exception that the Commission could approve. Steve Simonson also explained that a 100 foot depth would be very tight for building if you want to save trees. Merwin Willman read from the UDC, "that no building shall be permitted within 50 feet of Schertz Parkway, which will include signs, banners, pennants or flags except as provided for below. The required 50 foot setback line may be adjusted by the Planning and Zoning Commission if it determines if the requirement is too restrictive". . Ernie Evans summarized that he felt everyone was in agreement that the depth needs to be changed and that General Business needs to be changed to Neighborhood Services. The Commission will be receiving a letter from the TIF group, suggesting the same thing, that the Planning and Zoning Commission change the zoning up to the Live Oak Hills area from GB to NS. His suggestion is that the Commission react relatively quickly and start the process in order to keep this issue in check. He also asked that each member of the Commission drive up and down Schertz Parkway and look at the area for a better idea of what is being proposed. Merwin Willman suggested that everyone read the UDC concerning the overlay district and the greenbelt. Ernie Evans asked Merwin Willman if he could have his draft ready to present at the next meeting. Merwin Willman explained that he would have it ready. Ernie Evans asked that this be a part of the next package as an agenda item. 19 GENERAL DISCUSSION: Tony Moreno - stated he had no comments. Gary Wallace - HEB's "stubby little sign" on FM 3009 is nifty as opposed to the big one. ~ Pia Jarman The Scott Felder signs which are still numerous still out on the wrong dates. But now they have been pulled onto their own property. and back -6- ~ . . e e Merwin Willman May 28, 1997 the Council will be discussing sidewalks in the City, suggests looking at UDC page 135. Lone Star Pet Supply preliminary plat was approved May 95, action is required. Parkway Vista Retirement Community approved Dec. 96, action is required. Steve Simonson explained that he talked to the developer and that they would have to start the process over again for this community. Victoria Bank ATM site plan approved May 96, is this plan still viable? Steve Simonson made a suggestion that the Commission send a letter to Victoria Bank explaining that the time is past due and that this plan is no longer approved. Merwin Willman recommends that a termination date for site plans be added to the UDC. David 1997. said large Richmond HEB grand opening, 9:00 a.m. Friday, May 30, What is going to be on the pad sites in front of HEB. Steve that there would not be any restaurants. They will have a food court inside. Ken Greenwald - A problem in Comal County concerning property that was not subdivided and does not have a public access and does not meet the requirement for a septic tank. The Council turned down SINOR Recycling storage facility. Some additional information and concerns came out at that meeting about this facility that was not presented to the Commission during its meeting. Senate Bill 1, concerning water, looks like it may pass, if it does, we will not be able to buy water from Guadalupe Blanco River Authority. He will get copies for the Commission. Steve Simonson - If anybody has any spare time and would like to help Steve Simonson and Merwin Willman, a City of Schertz address map is being worked on for the Census Bureau. Ernie Evans - Joint workshop with City Council, Steve Simonson will get back to the Commission on this. The next meetings of P & Z are on the 10th of June 1997 and June 24, 1997. A follow-on Comp Plan meeting has been scheduled for June 17, 1997. Passed a Thank You Card from Denise around. Pia Jarman moved to adjourn the meeting. David Richmond seconded the motion. The motion passed. The meeting adjourned at 9:00 p.m. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary City of Schertz, Texas -7-