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03-26-2002 Planning and Zoning Minutes March 26, 2002 The Schertz Planning and Zoning Commission convened in a regular session on March 26, 2002 at 7:00pm in the Municipal Complex at Council Chambers, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice-Chair Ken Greenwald, ex-officio Tony Moreno William Sommers Gary Wallace Keith Van Dine Joyce Briscoe CITY STAFF Ron Youngblood, City Planner Misty Nichols, Recording Secretary COMMISSIONERS ABSENT OTHERS PRESENT Dee A. Brannonn, 142 Lullwood, N.B TX Robert Brockman, 4505 Grand Forest Ray & Diann Cornish, 1406 Circle Oak Pree Mc Clain, 3700 Limestone Cove Cliff Johnson, 6840 FM 1518 Randy Sorrell, 7055 Pipestone Robert E. Canales, 1664 Royal Palm Jeff Engelke, Plantation Homes #1 Call to Order: #2 Approval of Minutes: approval. The minutes of February 26, 2002 were not available for #3 Status of Final Plats: Recorded the Plat of Savannah Elementary School. #4 BOA Actions: Next Board of Adjustment meeting scheduled for April 15, 2002 at 6:30pm in Council Chambers. #5 Citizens' Input Other Than Agenda Items; There were none. #6 Consider and Take Appropriate Action: On a request from Mr. & Mrs. Wendell Cornish at 1406 Circle Oak, Oak Forest Subdivision, for a variance to encroach into a drainage easement from 36.86' to 20.0' for construction of a driveway (BOA# 170-02). Mr. Youngblood stated that this has been referred to a third party engineer by the City Engineer to see how drainage is affected. In order to build on this lot it is necessary to encroach into this easement. Staff recommends approval to forward to The Board of Adjustment for their comments. Mr. Evans asked if the checkerboard area of the drainage ditch in the picture is the area to be developed. Mr. Cornish stated that the picture was taken prior to the engineers surveying the property. He then presented to the Commissioners a few photographs that marked the area to be developed. With no further discussion Mr. Wallace moved to forward this request for a variance to the Board of Adjustment with a recommendation of approval. Mr. Moreno seconded the motion. A vote was taken. The motion carried. #7 Consider and Take Appropriate Action: On a request from Mr. & Mrs. Robert Canales at 1664 Royal Palm, Greenshire Subdivision, for a variance to encroach into the rear yard setback from 20.0' to 5.0' and 6.0' for a room addition, and the West side yard setback from 5.0' to 4.0' for construction of a handicap ramp. (BOA# 171-02) Mr. Youngblood stated the staff has no issues or comments on this and recommends approval. He also stated that G.V.E.C has written a letter stating that they have no issues with the encroachment into the utility setback. Mr. Canales stated the room is to facilitate the rehabilitation of his son following a disabling injury. His son is unable to access the existing bedroom and bathroom; therefore, the addition to the house is necessary. With no further discussion Mr. Van Dine moved to forward the request to the Board of Adjustment with a recommendation of approval. Mr. Sommers seconded the motion. A vote was taken. The motion carried. #8 Consider and Take Appropriate Action: On a request from Plantation Homes at 524 Jonas Drive, Jonas Woods Subdivision, to encroach into the rear yard setback from 20.0' to 16.0' for construction of a wood deck. (BOA# 168-02) Mr. Youngblood explained this is an unusual request to add a deck to a model home. The request does not violate the 40% rule, nor does it affect any utility easements. Staff recommends approval. Mr. Evans asked what the grade of the property was in the back yard. Mr. Engelke stated there is 3' drop. Mr. Van Dine asked if the request is for this home only with the understanding that each homeowner wishing to add a deck would have to submit a variance application. Mr. Engelke stated the reason for requesting this deck is due to the grade of the back yard. All site-built homes will have the standard slab patio unless the homebuyer would like to upgrade to a deck. At that time Plantation Homes will return with a variance request for each home that will have a deck built. Mr. Truitt advised the Commissioners that a slab would not need a variance; the requestor will need only to apply for a building permit. With no further discussion Mr. Moreno moved to forward the request from Plantation Homes to the Board of Adjustment with a recommendation of approval. Mr. Wallace seconded the motion. A vote was taken. The motion carried. #9 Consider and Take Appropriate Action: On a request from Mr. and Mrs. Herbert McClain at 3700 Limestone Cove, Carolina Crossing Subdivision, to encroach into the rear yard setback from 20.0' to 12.0' to extend a wood deck to their existing swimming pool. (BOA# 169-02) 2 Mr. Youngblood explained that this is a request to extend a deck to the existing pool in order for Mr. McClain to be able to access the pool. Mrs. McClain stated that her husband has a broken back and needs to be able to enter their pool for therapy. At this time he is unable to climb the ladder to access the pool. Mr. Van Dine moved to forward the request from Mr. & Mrs. McClain to the Board of Adjustment with a recommendation of approval. Ms. Briscoe seconded the motion. A vote was taken. The motion carried. #10 Consider and Take Appropriate Action: On a request from Brian Bell, Carrillo Architect Group, for a site plan approval on the Sprint PCS Switch Center on Tri-County Parkway, Lot11 (PC# 512-02). Mr. Youngblood has no issues and recommends approval. Mr. Wallace mentioned that there is a square drawn on the plat and thought that it might be a tower. Mr. Bell responded that there will be no tower for the site; the square is actually marking where a transformer will be. Mr. Youngblood then explained that this site would only be a workstation for Sprint; therefore, they will not be putting up a sign at this location. Mr. Wallace stated this property should have 21" DBH of trees where the site plan is only showing 18" DBH. Chairman Richmond stated the overall landscaping looked great although the tree issue will still need to be taken care of. Mr. Bell stated the tree DBH will be brought up to standards. Mr. Youngblood stated this is only a small scrivener change, and asked if the Commissioners would accept the site plan with Mr. Bell's handwritten change and his signature. The Commission agreed. Mr. Wallace moved to approve the site plan for Sprint contingent upon correction of the tree mitigation. Mr. Moreno seconded the motion. The Commissioners asked how they could make sure this change would be made to the site plan. Mr. Truitt stated it would be on record as well as in writing. Mr. Youngblood assured the Commissioners that the change would be on file with a revised document. Chairman Richmond stated there was a motion on the floor and called for a vote. With no further discussion a vote was taken. Ayes being: Mr. Wallace and Mr. Moreno. Nays being: Ms. Briscoe, Mr. Evans, Chairman Richmond, Mr. Van Dine, and Mr. Sommers The motion was disapproved. Chairman Richmond asked for a new motion. Ms. Briscoe moved to approve the site plan with the DBH requirements being met. Mr. Wallace seconded the motion. A vote was taken. Ayes being: Mr. Wallace, Ms. Briscoe, Mr. Moreno, Chairman Richmond, Mr. Van Dine, and Mr. Sommers Nays being: Mr. Evans #11 Consider and Take Appropriate Action: On a request from MBC Engineers for a preliminary plat approval on Forest Ridge Commercial, FM 3009, Corridor Properties Ltd. (PC#514-02). 3 Mr. Youngblood stated the only issue at hand is there is no site plan submitted with this plat; it will be submitted later. Mr. Evans stated there is a letter enclosed in the Commissioners packets from Barshop and Oles stating that they are not sure just what is being planned for development on this property. Mr. Evans voiced concern on where the curb cuts might be, and also noted there are a lot of trees on this property that will need to be dealt with when it is developed. A representative from MBC Engineers stated he understands that TxDOT requires a minimum of 300 feet between curb cuts which would allow for two curb cuts onto FM 3009. Mr. Brockman asked if bands wrapped around the trees suggest they are to be removed. Mr. Youngblood explained that surveyors are tagging trees to get a good idea of the property layout and various sizes of trees. Mr. Allen stated the flags are for drainage analysis to look for water entering and leaving the property. Chairman Richmond stated he had a concern with the enclosed letter written on March 11, 2002, requesting consideration of the plat and for the City of Schertz to commit to the drive permit to Wiederstein and the two drive permits on FM 3009. Mr. Youngblood explained to the Commissioners that this letter should not be part of the request. Mr. Sommers suggested that this letter should be withdrawn from the packet. The Commissioners agreed. Mr. Evans stated this is a preliminary plat and reminded the Commissioners to ensure nothing is overlooked on the final plat. Mr. Wallace moved to approve the preliminary plat. Mr. Van Dine seconded the motion. A vote was taken. The motion carried. #12 Consider and Take Appropriate Action: On a request from CEC Engineers for a final plat approval on the Doerr Lane Subdivision. (PC# 513-02). Mr. Youngblood stated this is a simple request for a final plat. He explained this is Lot 2 of the subdivision and will be used for a sand blasting facility. Staff has no issues on this request and recommends approval. With no further discussion Mr. Moreno moved to approve the final plat for CEC Engineers. Mr. Van Dine seconded the motion. A vote was taken. The motion carried. #13 Consider and Take Appropriate Action: On a request from Ransor Inc. for a site plan approval with a variance on a "display only" telecommunications tower, Tri-County Business Park. (PC# 509-02) Mr. Youngblood stated this was tabled at our last meeting because there was no Ransor representative present. Mr. Sommers moved to remove this item from the table and take action. Ms. Briscoe seconded the motion. A vote was taken. The motion carried. Mr. Sommers asked if the tower is for display only, never to be functioning. He then stated the tower is 60' tall and must be able to fall on itself. 4 Mr. Wallace asked Mr. Sorrell if this structure can be moved since its fall zone is within another person's property. Mr. Sorrell stated he would just as soon remove it all together rather than place it in another location on the property. Ms. Briscoe stated she noticed the checklist states this is a structure that will not fall. She then expressed how this bothers her. Mr. Sorrell stated the likelihood of the tower falling is not great but it can happen. Mr. Youngblood asked Mr. Sorrell if there would be a way to make an arrangement with Mr. Vestal (owner of the adjoining property), to lease or purchase the piece of property that lies within the fall zone of the tower. Mr. Sorrell stated this should be no problem since Mr. Vestal is a personal friend of his. Ms. Briscoe asked how the Building Official can approve a permit request which doesn't conform to the UDC. Mr. Truitt (Building Official) stated this is the first time a request like this has come to the City. The Building Code states the Building Official may allow such things. Mr. Truitt stated he did discuss this request with the previous City Planner~ Mr. Sommers moved to table this request until the next P&Z meeting. Mr. Van Dine seconded the motion. A vote was taken. The motion carried. #14 Consider and Take Appropriate Action: On a request from SEDA Consulting Engineers, Inc. for a six-month extension to submit the final plat mylars for recordation of Country Village Estates, FM 1518. (PC# 541-A-01) Mr. Youngblood stated SEDA Engineers intend to develop although need an extension due to the plat being out of date. Staff has no issues on this item. Mr. Van Dine moved to remove this request from the table and take action. Mr. Sommers seconded the motion. A vote was taken. The motion carried. Mr. Johnson stated the investment company was ready to increase the construction loan; unfortunately, the investment firm filed bankruptcy. Chairman Richmond stated that if no changes have been made to the original request then there should be no problem. Mr. Johnson stated there have been a few changes since he had to hire a new developer. Chairman Richmond stated that if there are any changes to the plat then a new plat must be submitted. Mr. Faraklas, with SEDA Engineers acknowledged there are changes to the original plat. The Commissioners, therefore, explained the request must be for a new plat rather than an extension to an existing plat. Mr. Sommers moved to deny approval of the extension request. Mr. Van Dine seconded the motion. A vote was taken. The motion carried. #15 Items by Commissioners and City Planner: Mr. Youngblood received the final copy of the Comprehensive Land Plan. Chairman Richmond asked if a copy of the Executive Summary could be handed out to the Commissioners. Mr. Youngblood stated he would have a copy for each Commissioner as soon as he can acquire it from Wilbur Smith Associates. Mr. Youngblood then stated the final seal coat on FM78 is scheduled for the end of the week. 5 Mr. Wallace complimented Mr. Truitt for the information items in the packets. Ms. Briscoe also commented on how nice FM 78 is looking. The signs on FM 78 are looking better. Mr. Evans stated the work on Schertz Parkway is moving along at a nice pace. Mr. Van Dine reminded everyone that site plan approval is recorded in the minutes of the meeting. Mr. Greenwald stated he handed out some good reading material. The water project costs $51 M and is about 48% complete. Carrizo-Wilcox water should be in Seguin by June and in Schertz by September. Chairman Richmond asked Mr. Truitt if new owners of property have to go through the Building Official for a sign stating a business is coming soon. Mr. Truitt stated under the new ordinance it does state this is something he can control. #16 Adjournment: The meeting was adjourned at 9:00 pm. . rr~j~~ Chairman, Planning and Zoning Commission A TrEST: Planning Secretary, City of Schertz 6