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09-25-2001 n/s Planning and Zoning Minutes Tuesday, September 25, 2001 The Schertz Planning and Zoning Commission convened in Regular session on Tuesday, September 25, 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, Ernie Evans, Vice-Chair City Planner Ken Greenwald, ex-officio Mary Ybarra, Tony Moreno Recording Secretary William Sommers Joyce Briscoe Gary Wallace Keith Van Dine COMMISSIONERS ABSENT OTHERS PRESENT Sam Bledsoe, MBC Engineers Thaddeous Kelly, 4324 Willow Oak Beverly Kelly, 4324 Willow Oak John Chapman, 1636 Bench Trail J.M. Moore, GFC Development Dave Britton, 3932 Arroyo Dorado Carlos Constantine, #1 Call to Order: Chairman Richmond called the meeting to order at 7:OOpm. #2 Approval of Minutes: The minutes of the P&Z regular session of July 24, 2001, August 14, 2001, August 28, 2001, and September 11, 2001 are attached. Chairman Richmond explained that he would like to see more description on the minutes because these minutes are a matter of i #3 Status of Final Plats: There were no final plats to report. #4 BOA Actions: William Sommers stated that for lack of a quorum, the meeting was re-scheduled on October 1, 2001. #5 Citizens Input Other Than Agenda Items: David Richmond asked if anyone would like to speak on items other than the agenda. Robert Brockman, citizen stated that the seating arrangement isn't very good. He commented that he had to climb over people to get to his seat. He believes that there is a need for a larger place or compact what they have. Chairman Richmond stated that was a good point and added that sometimes they are heavily attended and sometimes they are not. Mr. Kelly a concerned citizen spoke on the BOA meeting that was postponed for the lack of a quorum. He asked that the Commission reconsider the recommendation of approval on the request from Mr. Palmer on construction of a storage facility. He would like to base that on some incorrect and insufficient information. Mr. Kelly informed the Commission that at the September ilt" meeting, Mr. Evans stated that the construction project was at least fifty feet away from the property line. Mr. Kelly stated that this information is incorrect, it is only twenty feet away from the property line. Mr. Kelly stated that last year he came before the same committee because of a setback was not in accordance with the regulations provided by the City Code.. His home was required to be at a twenty- foot setback and his house was only fourteen feet and because of this his home is thirty-four feet from his back door to where the building is being proposed. Mr. Kelly noted that in the City (UDC) Code-Section 4 item D it states that no accessory or structure building shall be located in the front yard or the side yard. He stated that it has to be either a front yard or aside yard setback because of the twenty-five foot setback from the street and a seven and ahalf-foot setback from the sides. Mr. Kelly also stated that in Section F it states that the wall heights shall not exceed eight feet, and they are asking for a variance to go to sixteen- feet, plus a two and ahalf-feet roof making it eighteen and ahalf-feet. 3 Mr. Spain suggested that the Commission might want to think about the kind of off premise signs that they want to permit, but that would be outlawed by the SignBoard. Some examples of signs that would fit that description are: "Garage Sale", "Lions Club", "Century 21" for sale signs, United Way signs, and advertising signs. He asked that the Commission drive around and take an inventory of what the Commission would not want to get rid of. Mr. Spain stated that new sign ordinance could have provisions on what signs are wanted and what signs are not. David Richmond stated that he strongly believes that the City of Schertz needs to develop a Sign Board to prohibit off premise signs. Mr. Spain stated that the first step is to have the Mayor establish a Sign Board. He explained that the Mayor can establish a Sign Board, whether or not changes are made to the UDC sign ordinance. William Sommers stated that they need to ~~paint a bright line" so sharp and clear that everyone understands that there are to be no new signs erected in the City of Schertz that deal with Commercial enterprise. However, still have some amount of discretion. Keith Van Dine stated that he didn't think that this change in the ordinance would include such signs as garage sale signs. He was under the impression that it was just for permanent Commercial enterprise. Mr. Spain noted that this section on off premise sign is right from the state statue and can be limited to just commercial or what ever you the Commission believes is appropriate. He has some idea of what the Commission wants and offered to ~~take a stab at it" (drafting document). Chairman Richmond stated that the Commission would appreciate any help and commented that the Commission would like to start with billboard signage along IH-35 and work down to include new requests to place signs in areas that are owned by someone else. Mr. Spain stated that it needs to be referenced on the sign ordinance throughout the UDC on signs that are temporary signs to make sure that there are no inconstant provisions in the UDC. Chairman Richmond suggested that it say "no off premise signs unless provided for in this Chapter". 5 Ron Youngblood stated that the pool would require a separate permit that would be obtained from the Inspection department. In a brief discussion it was determined that there a variance would be required if the pool would encroach into the setback. However, it is not included in this request. Mr. Britton stated that the patio cover would be attached to the house, covering the existing pad. Mr. Britton was asked if the foundation was going to be attached to the house. Mr. Britton replied he did know at this time. Chairman Richmond stated that the only item before the Commission is the request to build a deck and a patio cover, no other requests are being considered. With no further discussion, Keith Van Dine moved forward to the BOA with recommendation of approval on the request from David and Sue Britton, 3932 Arroyo Dorado, Arroyo Verde Subdivision, for a special exception to the zoning ordinance to construct a deck and patio cover which will extend into the 20-foot building setback. Gary Wallace seconded the motion. A vote was taken and the motion carried. Ron Youngblood stated that Mr. and Mrs. Britton would be notified of the next scheduled BOA meeting. Chairman Richmond suggested that agenda item #15, special exception request from Mike and Sandra Smith be moved as agenda item #7A. The Commission was in agreement to Chairman Richmond suggestion. #7A Consider and Make Recommendation: On a request from Mike and Sandra Smith, 1636 Bench Trail, Oak Trail .Estates, Unit 2A, for a special exception to the zoning ordinance to allow for use of a side-load garage (enter from Chestnut Oak Street vs. Bench TraiF): Ron Youngblood stated that this request would enable continuing the landscape. Mr. Youngblood stated that staff concerns have been addressed and as long as the fence is positioned as stated and the deed reflects this condition staff recommends approval. Ron added that this request has also been coordinated with the building official. Tony Moreno asked how many lots are in the development. Mr. Moore explained that there are about approximately 32 lots within two blocks, in approximately 35 acres. Tony Moreno stated that it would have been nice to differentiate the development. Mr. Moore stated that they would do so on their future submits. With no further discussion, Gary Wallace moved to approve the site plan submitted by J.M. Moore of GFC Development for the Garden Ridge Flex Building, Bell North Drive, Schertz Industrial Park. William Sommers seconded the motion. A vote was taken and the motion carried. #9 Consider and Take Appropriate Action: On a request from John Krauss, Pape-Dawson Engineers, Inc. for a site plan approval of the Security Services Federal Credit Union, at IH-35 and FM3009. Ron Youngblood stated that at the July 24, 2001 meeting the preliminary plat was approved contingent upon the correction of three items, and at this time those corrections have been made. One issue was the owner's on the western property and one of the owner's on the southern property were missing. Another issue was Comal vs. Guadalupe County. Mr. Youngblood stated that there are two other items that have been identified. The thirty-foot easement and identifying what type of easement. Mr. Youngblood informed the Commission that those items have been addressed. Another item was the extension of the sanitary sewer lines and the movement of the last manhole. Staff has no other concerns at this time and recommends approval. Ernie Evans asked where is driveway planned. John Krauss stated that the driveway is going to be adjacent to the Bank. Chairman Richmond stated that the driveway is not on their property and asked if agreements with the property owner have been made. Chairman Richmond asked when would construction commence. Mr. Krauss stated that they have made arrangements and that construction of the driveway would be at the same time as the rest of the construction. William Sommers stated that his understanding that TxDOT has issued a moratorium on approving curb cuts onto access roads and major 9 Before a vote was taken Mr. Krauss requested the minutes of the meeting or a letter explaining exactly what parts of the UDC the site plan didn't comply with. He stated that it was his believe that he and his client had met all of the requirements of the UDC. Tony Moreno mentioned that this agenda item was published as a site plan, however what is before the Commission is a subdivision plat. Under the circumstances the Commission is unable to take action because of this error. He suggested that Commission table the request until Mr. Krauss submits a site plan or until it is placed on an agenda as a subdivision plat. It was noted that there is still a motion and a second on the table to disapprove. It was also noted that if they approve this item, the Commission is in violation of the open meeting act. Chairman Richmond stated that there was a motion and a second to deny the request for a site plan approval of the Security Services Federal Credit Union (which is the agenda item). A vote was then taken and is as follows: AYES: Chairman Richmond, Ernie Evans, William Sommers, Joyce Briscoe, Gary Wallace, and Keith Van Dine ABSTAINED: Tony Moreno The motion carried. It was noted that this was a staff error. Chairman Richmond stated that Mr. Krauss would need to re-submit the plat for the next meeting. Ernie Evans suggested that Mr. Krauss get with TxDOT and explain what the problems are in regard to the acceleration/deceleration lanes. He also stated that the Commission is not going to create another problem like the one on FM 3009. Mr. Krauss asked what is needed for site plan approved. He also asked if a traffic study needed to be done. Mr. Evans commented that these issues would need to be addressed with the property owner. A traffic study also needs to be done. ii Mr. Tacker stated that there are two plans for review, the site plan and the landscape plan. The landscape plan incorporates the tree inventory and all landscape would meet with the City's new development Code. Ernie Evans questioned if any part of this landfill (southern end of property) would be taken out of the 100-year flood plain. Mr. Tacker stated that there might be a bit of fill, but they are maintaining all the existing slopes. Mr. Evans questioned the existence of a GVEC tower on the property. Mr. Tacker stated that the plat has no indication of a tower, so he is to believe there are none on the property. In brief discussion it was determined that a GVEC tower is on the property and that the tower is in an easement that has been dedicated to the City of Schertz and is within the plat boundary. Mr. Tacker was asked to research this matter. With no further discussion, Tony Moreno moved to approve the request from SCUCISD for a preliminary plat for the SCUCISD's Athletic Sports complex at 1060 Elbel Road. Keith Van Dine seconded the motion. Ernie Evans stated that he thought that the tower should be part of the preliminary plat. It was noted that it does not need to be part of the preliminary plat. Without further discussion a vote was taken on the motion, the vote was unanimous. Motion approved. #12 Consider and Take Appropriate Action: On a request from SCUCISD for a final plat for the SCUCISD's Athletic Sports Complex at 1060 Elbel Road. Chairman Richmond stated that he does not want to hold things up by not approving the request because of a tower. He suggested that they go ahead and approve the final plat so that they can consider the site plan. He stated that they could approve the plat contingent upon location of the GVEC tower on the final plat. Williams Sommers commented that all three requests should not have come before the Commission at one time. Just because it wasn't done correctly from the start, it is unfair to ask the Commission to consider all three items at one time. He also asked that a message be sent to the school district explaining that this is not good practice. With no further discussion, William Sommers moved to approve the request from SCUCISD for a final plat for the SCUCISD's Athletic 13 lights would only be on during games. He stated that the lights on the tennis courts would be on timers. Chairman Richmond asked if there is going to be enough parking, to accommodate both the soccer and softball game parking. Mr. Tacker stated that besides the parking spaces, there would be additional room on the grassy area for vehicles and buses to park. He also stated that there would be sidewalks so that people would not have to walk in the street. Ernie Evans asked how would Valley Forge Street be blocked off. Mr. Tacker stated that it would be exactly the way it is now. Ernie Evans also stated that a good job is being done on saving trees. With no further discussion, Tony Moreno moved to approve the request from SCUCISD for a site plan approval for the SCUCISD's Athletic Sports Complex at 1060 Elbel Road. Keith Van Dine seconded the motion. A vote was taken and the motion carried. #13 Consider and Take Appropriate Action: On a request from SCUCISD for site plan approval of Savannah Elementary School Subdivision, Savannah Drive. Ron Youngblood stated that staff has no comments. Carlos Constantine representing the school district stated that he was available to answer any questions that the Commission may have. Ernie Evans commented that the information is not quite correct in that there are two heritage trees that require special permits and approval from Planning and Zoning to be taken out. Tree #4994, being 30" in diameter and an Oak, tree #2058 being 24" in diameter. In order to remove them, permission from Planning and Zoning is required. Mr. Evans noted that it is not tree #2058 but rather #5028. He stated that those two must be dealt with separately on the removal. Mr. Evans stated that he believes that the configurations provided for the tree mitigation needs to be changed to reflect 250". There was a request that Mr. Evans clarify what he meant. Mr. Evans stated that the information provided calls for about 174" of trees to be mitigated and in re-adding the numbers, it comes to about 250". is Mr. Constantine stated that their landscape plan indicates the required landscaping on Schertz Parkway and he doesn't know why that was not included in the package today. Chairman Richmond asked about the fencing along the portion that is adjacent to Ashley Place Unit 1. He asked if there are homes long the fence line. Mr. Constantine stated that there are homes there, but would .construct their own when the time comes. The school district wants their own fence. Chairman Richmond asked what the distance would be between the fences. Mr. Constantine stated that it could be whatever distance they want, but it would probably abut against the wood fences that are existing. Chairman Richmond stated that two things he would like to see changed are the chain link fence running parallel to Schertz Parkway and since the Commission has not seen a landscape plan, there may be an exception to the fifty-foot setback. Chairman Richmond stated that his concern is with the fact that the parking lot is to close to the sidewalk. There was some discussion about the boundaries and restrictions of the fence and it was noted that every development along Schertz Parkway was required to build a masonry fence, which is a requirement in the city's Unified Development Code. Mr. Constantine asked for some direction from the Commission in regard to the fence requirement, and added that it would not be a problem on cutting back some of the parking spaces so that parking is not so close the sidewalk area. Chairman Richmond stated that they are not quite sure on what the requirements are for those two items and would need to get help from the staff. He stated that a request for a variance on the setback is required and Mr. Constantine has not submitted that request. Chairman Richmond stated that the site plan is 95% finished, but it needs to come back with the request for the variance to encroach into the fifty-foot setback. Talk with staff and find out the requirements for the masonry fence. He also requested that Mr. Constantine bring the landscape plan as well. Mr. Constantine asked what would be a comfortable requirement or distance from the existing curb to the beginning of the parking spaces i~ In brief discussion there was some question on what category the School District would be considered. It was the consensus of the Commission that the School District would not be required to put up a masonry fence adjacent the residential area. Joyce Briscoe questioned dumpster pickup and where would the truck enter and exit. Mr. Constantine stated that there is a twenty-five foot opening that the trucks would be able to go through and added that the area would be enclosed and at the rear of the building. The Commission questioned that the site plan is not indicating signage. Mr. Constantine explained that there is an unlighted building sign at the front entrance and that there is no free standing sign at this time. Without further discussion, Gary Wallace moved to approve the request from SCUCISD for site plan approval of Wynnbrook Elementary School, Green Valley Road. Tony Moreno seconded the motion. A vote was taken and the motion carried. Item #15 was moved to item #7A. #16 Consider and Take Appropriate Action: On a request from Sam Bledsoe, MBC Engineers, for final plat, Forest Ridge, Unit 5A. Ron Youngblood stated that all concerns have been addressed and staff has no further comments or concerns. Mr. Bledsoe was asked if this was the last unit for this subdivision. Mr. Bledsoe stated that it was not and explained that the Commission would be considering Units 5B and 6 at a later time. With further discussion, Keith Van Dine moved to approve the request from Sam Bledsoe, MBC Engineers, for final plat, Forest Ridge, Unit 5A. Joyce Briscoe seconded the motion. A vote was taken and the motion carried. Items by Commissioner and City Planner: Ron Youngblood reported on the MPO project. Project Item 3107.2, the plans to re-surface FM3009 in the first quarter in 2004. 19 David Richmond • Read letter received from FM3009 Partners that is asking the Commission to consider approval of Units 5A and 5B, but as for Unit 6 there are issues to resolve at a later date. Ernie Evans stated that it was his understanding that the last production unit would not be approved until all information on Wiederstein Road was provided. Ron Youngblood • Apologized for the mistakes on the agenda. Noted that was his first attempt without help from Mary Ybarra planning secretary. .Reported on a farewell luncheon for Chief Woodward on Thursday October 27th, from 11:OOam to 1:OOpm and stated that the Commission was welcomed. #17 Adjournment: Meeting was adjourned at 10:20pm. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City of Schertz 21