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12-11-2001 n/s Planning and Zoning Minutes Tuesday, December 11, 2001 The Schertz Planning and Zoning Commission convened in Regular session on Tuesday, December 11, 2001 at 7:OOpm in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION CITY STAFF David Richmond, Chairman Ron Youngblood, City Planner Ernie Evans, Vice-Chair Misty Nichols, Recording Secretary Ken Greenwald, ex-officio Dewey Cashwell Jr. City Manager Tony Moreno Leonard Truitt, Building Official William Sommers Joyce Briscoe Gary Wallace Keith Van Dine COMMISSIONERS ABSENT OTHERS PRESENT Sam Bledsoe, MBC Engineers Bud Williamson, 2432 Woodbridge Way Alan Lindskog, CEC Engineers Robert Brockman, 4505 Grand Forest Steve Hannan, 14502 Brookhollow #1 Call to Order: Chairman Richmond called the meeting of December 11, 2001 to order at 7:OOpm. #2 Approval of Minutes: The minutes of the Public Hearing for July 10, 2001- and regular sessions of July 24, 2001, August 14, 2001, August 28, 2001, September 11, 2001, September 25, 2001, and the Public hearing of October 11, 2001. Chairman Richmond asked for any corrections or additions to the seven sets of minutes from July 10, 2001 through October 11, 2001. Ms. Briscoe mentioned the minutes appear to have everything in order so there is no need to make any changes or additions. With no further discussion, Mr. Wallace moved to approve the seven sets of minutes for July 10, 2001 through October 11, 2001 as addressed. Mr. Moreno seconded the motion. With a vote being called, the motion was approved. #3 Status of Final Plats: There were no final plats to report. #4 BOA Action: Meeting Scheduled for January 14, 2001 at 6:OOpm. 1 #5 Citizens' Input Other than Agenda Items: There were none. #6 Consider and Make Recommendations: On a Request from Calvin C. Williamson, 2432 Woodbridge Way, Woodbridge Unit-2 Block 25 lot 10 for a special exception to the zoning ordinance to encroach into the 20' rear setback from 20' to 10' for construction of deck. (BOA#494-01) Mr. Youngblood explained the staff has no concerns or issues considering Mr. Williamson's request for a rear yard setback, nor will this affect any utilities. Mr. Williamson stated he found there was a Homeowners Association, and Mr. Bradford Galo, chairman of the Woodbridge HOA and Architecture Control Committee, signed a letter of approval. Mr. Sommers stated the deck is elevated. He asked Mr. Williamson if this was to bring the deck to the level of the house. In a brief discussion it was noted the house level is about 12' above the earth making the back yard useless. Chairman Richmond asked what is directly behind Mr. Williamson's house. Mr. Williamson responded by explaining a greenbelt exists behind his property Mr. Sommers asked .how high must a deck be before requiring a handrail. Mr. Truitt, building official, explained when the minimum deck height is 13' it requires a 36" handrail. Without further discussion. Mr. Wallace moved to forward the request to the BOA for approval of the special exception to encroach 10' into the 20' rear yard setback. Mr. Van Dyne seconded the motion. A vote was taken and tf~e motion was approved. #7 Consider and Take Appropriate Action: On a request from W.F. Castella & Associates for approval of the revised Northcliffe 11 Master Plan and variance of 10' to 5' side yard setback. Mr. Youngblood mentioned this has come before the Planning and Zoning Commission previously with a request for a variance. Mr. Hannan has provided a revised plan including the corrections noted in the previous meeting. It was brought to Mr. Hannan's attention that the plans also will have to be approved by City Council Mr. Evans spoke about the illustration of the entrance signs being one sided. He also questioned if there are to be two signs rather than one. Mr. Hannan followed up by answering yes to both questions. Mr. Evans explained the Commissioners need to take into consideration that the ordinance states only one sign is permitted without a variance in the City of Schertz. Mr. Hannan explained although the signage in question is actually in the City of Cibolo he has agreed to abide by the requirements of the City of Schertz. After a short discussion about the pool acquired by the developer, Mr. Hannan stated it will be improved before turning over to the City. Mr. Hannan stated he agreed to all the terms in the 2 letter dated December 3, 2001 from Mr. Cashwell, City Manager, stating 2.675 acres will be deeded to the City of Schertz after all improvements are made to the pool ground facility. Chairman Richmond stated this item was tabled on the last agenda; therefore, a motion is required to continue discussion. Mr. Wallace moved to remove this item from the table and take action. Mr. Van Dine seconded the motion. A unanimous vote approved the motion to bring this item forward for discussion. Mr. Van Dine suggested if the signs are going to be in the City of Cibolo, Schertz does not have any say in this matter. Mr. Truitt stated that although the signs will not be located in the City of Schertz, Mr. Hannan agreed they are willing to comply with Schertz requirements. Mr. Wallace stated there is no need to grant a variance. Chairman Richmond referred to the letter from Mr. Hannan to Mr. Simonson dated December 3, 2001, which was answered by Mr. Cashwell. He asked if there was an agreement on purchasing the pool and park. Mr. Hannan stated that there was an agreement made. With no further discussion, Mr. Wallace moved to approve the site plan submitted by W.F. Castella & Associates. Mr. Van Dine seconded the motion. A vote was taken and the motion carried. #8 Consider And Take Appropriate Action: On a request from Civil Engineering Consultants for approval of the final plat of The Fairways at Scenic Hills Unit 1, and variance request to allow front yard setback from 25' to 20' and a side yard setback from 10' to 5'. Mr. Youngblood stated CEC is asking again for approval of the final plat of The Fairways of Scenic Hills Unit 1 and variance request on setbacks as mentioned in the November 13, 2001 meeting. Mr. Truitt added that the 25' setbacks for these houses conform to the other houses in the area. Mr. Evans asked about the verbiage on the plat which stated, unless otherwise shown on the plat, all residential lots shall have a 25' front yard setback and a 5' side yard setback. Mr. Lindskog stated that all notes and changes were made to the Planning and Zoning Commission's requirements for the utility easements. He also explained there would be a utility easement in the rear yard setback for Southwestern Bell which will not go into a joint trench with New Braunfels Utilities. In a brief discussion it was determined the driveway would be in the front yard setback. Mr. Wallace asked if these houses would all face the same direction. Mr. Lindskog stated he would inform the developer. Mr. Van Dine moved to approve the request from Civil Engineering Consultants for final plat approval of The Fairways of Scenic Hills Unit 1, and a variance request to allow a front yard setback from 25' to 20', and a side yard setback from 10' to 5'. Mr. Sommers seconded the motion. The vote was as follows: 3 Ayes: David Richmond, Tony Moreno, William Sommers, Joyce Briscoe, Gary Wallace, and Keith Van Dine Abstained: Ernie Evans The motion carried. There was a discussion on what is required for the recordation in two counties. Mr. Lindskog understands he will need four mylars and an auto cad file for Guadalupe County. Corral County requires four mylars and one reduced 11" by 7" mylar. #9 Consider and Take Appropriate Action: On a request from MBC Engineers for final plat approval of Forest Ridge-Wiederstein Road Extension. Mr. Youngblood stated this item was a preliminary item at the last Planning and Zoning meeting and no objections were made. Mr. Youngblood did explain that the City is still working on the issue with Barshop & Oles for the right of way onto FM 3009, and expect to resolve it as soon as Ford Engineering can correct the metes and bounds. With no further discussion Mr. Moreno moved to approve the request from MBC Engineers for final plat approval of Forest Ridge-Wiederstein Road Extension. Ms. Briscoe seconded.. the motion. A vote was called and the motion carried. #10 Consider and Take Appropriate Action: On the Unified Development Code, Article IX Sign Standards. Mr. Youngblood mentioned that there were changes and corrections made by both himself and Mr. Evans. Mr. Youngblood asked the Commissioners to look over the UDC and express any comments they may have. Mr. Youngblood also explained that Mr. Truitt, building official, is present to make his comments and suggestions on the new ordinance. Mr. Evans began to go over the article page by page starting with page 75 in the UDC. Commissioners suggested appropriate administrative changes to improve understanding and ensure uniformity. The following substantive changes were discussed. Mr. Youngblood requested Monument Sign be added to the definitions with emphasis on low profile or berm. There was general agreement. Mr. Sommers noted that the word developed needs to be added to the definitions for clarity. Agreed. Mr. Youngblood mentioned the sign on the trailer in front of Reidel's is classified a portable or mobile sign. The Commissioners agreed the sign is illegal and should be removed. Mr. Sommers questioned the wording of Practical difficulty or particular hardship. Mr. Evans explained this wording is found throughout the UDC where it talks about requesting a variance. On page 80, Mr. Wallace pointed out the (32) square foot sign needs to be changed. Mr. Evans noted to change the square footage after checking on the size of a standard realty sign. 4 On page 81, Mr. Truitt questioned if the Inspection Department can enforce signs in the ETJ; this should be asked of Mr. Spain. Ms. Briscoe stated the City should enforce requiring permits for changing a sign. On page 86, Mr. Evans spoke about possibly rewriting section 5.6. He also stated this section should be brought to Mr. Spain's attention for legal review. Agreed. Mr. Truitt asked, in reference to section 5.13, should anything be added in the event we have bus route benches in the City. Chairman Richmond explained this issue had been brought up before, and advertising on benches would not be accepted. Ms. Briscoe also mentioned they are omitting these signs in other cities. Mr. Truitt asked about section 7.2 (A), if builder directional signs are permitted. With a brief discussion it was determined (A) would be deleted. On page 89, Mr. Evans changed the last sentence of section (D) Permits are required for the erection of a flagpole in place of the word construction. Mr. Truitt asked what need is there for a permit that he has never issued in the past. Chairman Richmond asked Mr. Truitt if he considers a corporate flag a sign, and brought attention to the Pulte flags on FM 3009. He asked if anyone received permission to put them in the Right of Way. Mr. Truitt explained he had no part in the erection of these flags. Mr. Wallace mentioned in the overlay districts signs `are restricted although flagpoles are not. After a brief discussion it was determined the requirement to have a permit for a flagpole would be required. Mr. Truitt brought up section 8.5 (C); the base of sign shall be set back a minimum of 5' from the property line. This should be more specific. After a short discussion it was decided (C) would read; No portion of the sign shall-extend beyond the property line. Mr. Truitt stated there is no reason for the Building Official to approve a sign variance. The Commission agreed. Possibly the Board of Adjustment should be added in place of the Building Official. Ms. Briscoe mentioned this question should be presented to Mr. Spain. Chairman Richmond asked Mr. Youngblood to request Mr. Spain review the Commission's changes to the sign ordinance in draft. He also asked for this item to be on the first January 2002 meeting's agenda. #11 Consider and Take Appropriate Action: Cancel the December 25, 2001 meeting. Mr. Van Dine moved to cancel the meeting for December 25, 2001. Mr. Sommers seconded the motion. A vote was taken, and the motion was approved. #12 Items by Commissioners and City Planner: Ron Youngblood, City Planner: Mr. Youngblood stated the City is currently writing a letter to Union Pacific Railroad to let them know we do have a sign ordinance where some signs are prohibited. s Mr. Youngblood indicated work has begun again on the Chinese Restaurant on FM 78. Mr. Truitt explained the owners came back with a new plan which was approved for the plumbing. Ms. Briscoe asked if the owners have found any other parking for customers due to lack of space. She mentioned the owners were going to try purchasing a piece of property behind their lot for additional parking. Mr. Truitt explained he has not heard anything. The bridge on Green Valley Road has been measured at 31' wide which meets requirements. Chairman Richmond stated he understood that the bridges would be designed for road expansion later. Mr. Greenwald stated the road was approved by City Council with the agreement of expansion. Mr. Youngblood explained to the Commission that Public Works has been working closely with this project and the plans were signed with a 30'-wide road. Chairman Richmond and Mr. Evans mentioned they were both present at the City Council meeting where approval was granted. Chairman Richmond also stated he thought there should have been a curb and gutter. Mr. Wallace mentioned he thought the agreement was to have the road expandable to 42'. Chairman Richmond explained if the road is to be at 42' then so should the bridges. He requested looking at the minutes from the City Council meeting in question. Ms. Briscoe mentioned possibly listening to the tapes of the meeting. Mr. Youngblood stated he would investigate this further. The old Bob Boomer dealership has a new sign saying Victoria Oaks. Mr. Youngblood stated there have been only a few verbal discussions on this matter. Nothing has been submitted to the City at this time. Mr. Youngblood recommended changing the Planning and Zoning meeting agendas in the new year, and suggested a planning meeting on the 2"d Tuesday followed by a regular business meeting on the 4th Tuesday. Chairman Richmond stated he thinks this is a good recommendation. Not only will this. give City staff more time to review business requests before bringing them to a meeting, but it also will give the Commission much. needed time to address planning issues which is a major part of the job. Chairman Richmond further stated that revising the UDC will be a major project in 2002 and will require a large amount of planning time. All Commissioners agreed this is a good idea. Mr. Evans asked if we can begin this schedule the first meeting in January. Mr. Sommers suggested publishing this change in the local newspaper. Mr. Youngblood asked Mr. Cashwell's opinion. Mr. Cashwell stated he thinks the meeting schedule is a good plan. He suggested a way to convey this information is to contact. the builders association. Chairman Richmond stated he hoped to be ready to begin these meetings in February. Mr. Youngblood presented two documents, one being the flood plain that Mr. Simonson was able to obtain from the City of Selma. He explained this document shows the original and revised version of the flood plain. The second document is on the opening of Nell Deane Street although there are some drainage issues that will have to be taken care of before new development begins. Mr. Youngblood finished by wishing everyone a Meny Christmas and .Happy New Year, and thanked the Commission for all the hard work they did this year. Tony Moreno: Mr. Moreno wished everyone a happy, enjoyable and safe holiday. Keith Van Dine: 6 Mr. Van Dine agreed with wishing a wonderful holiday. Gary Wallace: Mr. Wallace made a statement of fact about a letter from Ernie on the trees at Walgreen's. He asked if the tree issue could be put on the next agenda. Chairman Richmond agreed it would be put on the agenda. Mr. Wallace followed up by wishing everyone a Merry Christmas and Happy New Year. Joyce Briscoe: Ms. Briscoe wished everyone Happy Holidays. William Sommers: Mr. Sommers made a statement of fact about the Baptist church on Live Oak Road. Mr. Sommers complimented the architect on how fast they are making progress on the construction. The architect told Mr. Sommers they are three weeks ahead of schedule at this time. Ken Greenwald: Mr. Greenwald wished everyone a great holiday. Ernie Evans: Mr. Evans brought to the attention of Mr. Youngblood the banner sign on AAA storage. Mr. Evans also noted off of FM 78 turning South onto FM 1518 there is a sign within 200 yards of leaving FM78 that states LEAVING THE CITY OF SCHERTZ; continuing further down the road, he read a sign stating that you are ENTERING SCHERTZ CITY LIMITS. Mr. Greenwald mentioned the map shows the City Limits are laid out this way. Also Mr. Evans noted a large pothole on FM1518 near the horse stalls. Mr. Youngblood stated this matter is being taken care of through Public Works. Mr. Evans closed by wishing a happy holiday to everyone. David Richmond: Chairman Richmond noted a statement of fact that Reidel's Furniture store has a sign above the caboose and atrailer--sign that are illegal and need to be removed. Mr. Youngblood and Mr. Truitt stated they are taking care of the matter. Dewey Cashwell Jr.: Mr. Cashwell stated the City has received some excellent bids on the Schertz Parkway Project leaving plenty of money for other items. He stated he is focusing on some City drainage issues. Mr. Cashwell stated the bid for the Schertz Parkway Project was $3.69M verses the $4.5M put aside for the project. He also stated the work on Dietz Creek is underway. He further mentioned to the Commission the City will be annexing Northcliffe and Scenic Hills Subdivision on January 1, 2002; therefore, lots of work is headed the city's way. Mr. Cashwell announced that Police Chief Jerry Smith has resigned his position and will be moving to Cleburne, Texas. Mr. Cashwell wished everyone a wonderful holiday on behalf of the City staff. #13 Adjournment: Mr. Van Dine moved to adjourn. Mr. Sommers seconded the motion. Chairman Richmond adjourned the meeting at 9:55pm. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City of Schertz s