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01-22-1991 ? ...:, PLANNING AND ZONING MINUTES The Schertz session on Tuesday, January 22, Municipal Complex Conference Room, present were as follows: Planning and Zoning commission convened in a 1991 at 7:00 P.M. 1400 Schertz Parkway. regular in the Those PLANNING AND ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN JIM SHRIVER, VICE-CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN GEORGE VICK HARRY BAUMAN GARY BRICKEN KEN GREENWALD, COUNCILPERSON ROBERT W. OPITZ MARK VAUGHAN KEN CURRAN HAL KAILEH RALPH CASTILLA CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECRETARY t1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session January 8, 1991 Merwin Willman made a motion to approve the minutes for the regular session January 8, 1991. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. 13 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. 14 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Vaughan Homes, on Behalf of Bob Pond at 3013 Bent Tree Drive, for permission to Encroach 8' into the 16' Rear Utility Easement for Purposes of Constructing a Swimming Pool Mark Vaughan of Vaughan Homes was at the meeting to represent this request. Chairman Andrews reminded the Commission they have in their packages a drawing of the proposed pool and letters from Southwestern Bell and Paragon Cable giving their permission for encroachment into the utility easement. Chairman Andrews then asked for Staff input. .,. Steve Simonson reported that when Mark Vaughan called him about this request, to his knowledge he could not recall when a variance had ever been granted in an easement. Mr. Simonson said he told Mark Vaughan that the Commission would need the letters from the utility companies involved, a letter explaining why the variance is needed, and a drawing of the proposed pool. Steve Simonson questioned Mark Vaughan about the property behind 3013 Bent Tree Drive and Mr. Vaughan pointed out the property behind is in the floodplain. there's nothing there. and it is easily accessible. Chairman Andrews asked who the property behind belongs to and was told by Mark Vaughan it is a 200 acre tract which belongs to the Homeowners Association - it is private property. Chairman something needed. Andrews then in that area questioned the possibility of building in the future whereby access would be Mark Vaughan reiterated the fact that it's private property and that it costs lots of money to bring it up out of the floodplain. Steve Simonson located there related there greenbelt. George Vick questioned the need for the variance and why the pool can't be put in Mr. Pond's yard. mentioned the possibility of a walking path being at sometime in the future, and Merwin Willman had been discussion about using that area as a Mark Vaughan replied the house Mr. Pond wishes to build on the property is a single story house and he would like to squeeze the pool and deck onto the lot so they are tied in with the patio. The shape of the lot along with trying to save as many trees as possible dictates the need for a variance. George Vick remarked he would need a fence around the pool, but the Commission informed Mr. Vick a fence around the pool is not necessary if the property is already adequately fenced. Mark Vaughan stated that he foresees no problem. especially with the floodplain being in the back of the property and 8' of the easement remaining unencumbered. Merwin Willman commented he was reluctant at first to approve this request, but after some study has no objections. Mr. Willman said there are only two utilities (cable and telephone) and you don't need 16' for those two. George Vick mentioned that a swimming pool could not be easily moved if a utility company needed to have access. - 2- -. Chairman Andrews remarked that it looks like most of the 8' which will encroach into the easement will be decking. That fact was acknowledged by Mark Vaughan. Gary Bricken noted that we didn't foresee cable TV some years ago, but by providing all the necessary information and letters needed from the utility companies, it looks like Mr. Pond has all his ducks in a row. Keith Van Dine asked what the possibility would be of moving the easement if necessary, and the Commission explained it's not a possibility. Mr. Van Dine then asked if all of the 16' easement ~s in Mr. Pond's yard and was told it is. steve Simonson pointed out the City would not run another major water line down an easement like that - they already have plenty of major water lines in the area. George Vick observed that the size of the house must be 65' and Mark Vaughan said that's correct. 69' by Harry Bauman asked if a similar request and/or situation has ever been denied. Chairman Andrews replied no, this is the first request they've had where there's nothing behind the property and where nothing could go behind it. Gary: Bricken asked if the City is liable in case something goes wrong. Steve Simonson replied something could always go wrong, but in his opinion, the courts look at decisions to see if the ordinance was followed and if they were made from a common sense point of view. Mr. Simonson pointed out this is a special situation because of the floodplain behind the property and the laws about changing the floodplain area are very stringent. Mr. Simonson also reminded the Commission they can only make a recommendation on this request - it will have to go to a Board of Adjustment hearing. Harry Bauman mentioned it, and Chairman Andrews recommended, that the City write a letter with a statement on it similar to the one on the letter from southwestern Bell about holding them harmless for any damages. Jim Shriver made a motion to recommend to City Council approval of the request from Vaughan Homes, on behalf of Bob Pond at 3013 Bent Tree Drive, for permission to encroach 8' into the 16' rear utility easement for purposes of constructing a swimming pool. The approval has two contingencies: (1) a statement be included in the approval saying the property behind Mr. Pond is in the 100 year floodplain; and (2) a statement be included in the approval as follows: "The City of Schertz must insist that any contractors or sub-contractors, any mortgage holders, any title -3- - companies, the present owners and any future owners save and hold the City of Schertz harmless from any damages to the swimming pool and pool deck, any part of the swimming pool and pool deck or any other appurtenances thereto that might be occasioned by any placement, repairs or maintenance of any utility within the easement." Mr. Shriver's motion also recommended the City Council schedule the request for a Board of Adjustment Hearing. Merwin Willman seconded the motion and the vote was as follows: AYES: B. Andrews, J. Shriver, K. Van Dine, M. Willman, H. Bauman and G. Bricken NAYS: G. Vick ABSTENTIONS: None Motion carried. 15 CONSIDER AND TAKE APPROPRIATE ACTION: Correction Plat for Lot subdivision Approval of 30, Rio Vista Chairman Andrews asked for Staff input. Steve Simonson informed the commission that this was platted Lot 1, Block 1 on the original plat for Rio Vista Subdivision, then in 1972 the three lots behind this property were replatted as Lots 23, 24, and 25. Somehow in 1974, it got past everybody and this was platted as Lot 25 and that's the way it's recorded. Technically, there are two lot 25's. This request is only for a change in the number from Lot 25 to Lot 30. Mr. Kaileh, who ~s opening a superette at the old Circle K location, told the Commission he had a few questions about the easement (a 30' ingress/egress). What if a public hazard occurs, who is responsible? who paves the easement, is he responsible? Is it all right to open his back door onto the easement? Mr. Kaileh asked for time to check out the answers to his questions. Steve Simonson indicated to Mr. Kaileh that, according to what the Commission is seeing, he doesn't own the easement, it belongs to whoever owns the rest of the property. Mr. Simonson also told Mr. Kaileh that the number of the lot has to be changed anyway because there can't be two Lot 25's in Block 1. Keith Van Dine made a motion to approve the correction plat with a number change from Lot 25 to Lot 30, Block 1, Rio Vista Subdivision. Gary Bricken seconded the motion and the vote was unanimous in favor. Motion carried. -4- 16 CONSIDER AND TAKE APPROPRIATE ACTION: Training Program for commissioners Jim Shriver apologized to the Commission and said he didn't have the program ready yet. Chairman Andrews requested this item be tabled until the meeting of February 12th. 17 GENERAL DISCUSSION Gary Bricken: (a) Asked if you can obstruct a the answer. Steve Simonson sidewalk. Chairman Andrews Department if there's a problem. sidewalk and who officially knows replied you cannot obstruct a suggested calling the Police Merwin Willman: (a) Asked if everyone has a copy of the City Comprehensive Plan. The answer was yes. Harry Bauman inquired if regard to the letter sent Comprehensive Plan. Steve anyone's heard from City Council in to them from the Commission ahout the Simonson replied no to that question. (b I Asked the status of t.he BMX racetrack. Council-person Greeriwaldreported that the papers had just been signed, so the project is still alive. (c) Asked the advised that financing. status of The Gardens subdivision. as far as he knows it's dead Steve Simonson they have no (d) Asked the status of the Fuel America truck stop. Steve Simonson noted they are also having trouble with financing, but think they may have found some. They got another extension from Barshop and want, if at all possible, to have something into the City by March. (e) Referred to regarding political to do about it. the letter in the packages from Mr. Sweatt signs and asked what the Commission is going Jim Shriver: (a) Mentioned the request from Resurrection Baptist Church and said the Council made reference to the one nay vote from the Commission. Mr. Shriver asked why the Commission even has to vote. George Vick pointed out the Commission's vote is not the final decision, it just gives City Council some idea of where we stand. -5- Mr. Shriver then informed the Commission the request had been tabled by the Council for further study. (bl Advised that Merwin Willman has been chosen as the nominee, by the City of Schertz, for "Volunteer of the Year." (c) Said in regard to the Private Visitor's Bureau, mentioned at the last meeting as being on the EDTF agenda, EDTF will be briefed this Thursday if anyone's interested. steve Simonson: (al Informed the Commission that on February 13th at 7:30 P.M.. at the Rocky Hills Gospel Church, there will be a briefing by the State Highway Dept. on the continuing expansion of IH-35. (bl Noted that in regard to the request for an overpass at Wiederstein Road. there needs to be lots of positive input to the Highway Dept. in the form of letters of support. The City feels it would be very good for business. A Resolution and/or letter from Planning and Zoning is needed. Gary Bricken asked Steve Simonson if he would be willing to draft up a Resolution and/or letter for the Commission's approval and Mr. Simonson said he would. Councilperson Ken Greenwald related that City Council has already sent a letter of support. Keith Van Dine asked if anyone had contacted Cibolo about this and was informed Cibolo had been contacted. Chairman Andrews: (a) Requested that discussion of the letter from Mr. Sweatt regarding political signs be put on the agenda of the February 12th meeting. (bl Informed the Commission he will not be at the next meeting. Councilperson Greenwald: (a) Reported the first Christmas Decorations Committee meeting for 1991 was held today and volunteers are needed. (bl Mentioned that February is Volunteer Month and February 14th is Volunteer Day. The Mayor will have a Proclamation worked up and recognize various volunteers around the City. (cl Related some further facts that had been brought up by the members of the Resurrection Baptist Church at the public hearing. Different than what the Commission was told, they plan to have activities on Sunday from 9:00 A.M. to 6:00 P.M. and three nights a week from 6:00 P.M. to 10:00 P.M. -6- . , Mr. Greenwald said hit the church. liability. Mr. Commissioners very this presents a problem if an airplane should The Council is very concerned about the Greenwald stressed the importance of the carefully reviewing the AICUZ. Mr. Greenwald also related a point brought out by Councilperson Hal Baldwin - if the City makes an exception for the Church, then others will want exceptions and there's still lots of land out there in the AICUZ. 18 ADJOURNMENT Chairman Andrews adjourned the meeting at 7:56 P.M. The next regularly scheduled meeting is February 12, 1991. -7-