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11-24-1998 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in Regular Session on Tuesday, November 24, 1998, at 7:00 p. m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING 8~ ZONING COMMISSION CITY STAFF Ernie Evans, Chairman Steve Simonson, David Richmond, Vice-Chairman Asst. City Manager/ Keith Van Dine, Secretary Planning Coordinator Gary Wallace Mary Ybarra, Tony Moreno Planning Secretary Joyce Briscoe George Maxfield COMMISSIONERS ABSENT OTHERS PRESENT Gary Wallace Sam Bledsoe, Joyce Briscoe MBC Engineers Mike Cude, M. W. Cude Engineers Paul Drega, 3616 Meade St. #1 Call to Order: Ernie Evans called the meeting to order at 7:00 p.m. #2 Approval of Minutes: Regular sessions of October 13, 1998, and October 27, 1998. The Regular session of November 10, 1998, minutes were not published. Ernie Evans asked for corrections or additions to the minutes of October 13, 1998. Tony Moreno moved to approve the minutes of October 13, 1998, as submitted. George Maxfield seconded the motion and the vote was as follows: 1 Ayes: David Richmond, George Maxfield, Tony Moreno and Keith Van Dine. Abstention: Ernie Evans (absent at said meeting). Ernie Evans asked for corrections or additions for the minutes of October 27, 1998. George Maxfield commented that the minutes could not be approved due to not having all the members (Keith Van Dine and Tony Moreno) present, that were in attendance at said meeting. Keith Van Dine stated that he believes the minutes could be approved even though these two members were absent. Ken Greenwald stated that if the two absent members read the minutes a vote to approve could be taken. Steve Simonson stated that on the first page, Joyce Briscoe, Tony Moreno and Keith Van Dine are mentioned twice, under members present and members absent. Tony Moreno stated that the reason he was not present at the meeting was due to work related business. Tony asked that it be written as part of the minutes. Ernie Evans stated that George Maxfield had brought up the issue of the two members (Keith Van Dine and Tony Moreno) being absent and asked how the Commission would like to handle the issue? Keith Van Dine and Tony Moreno agreed that they were prepared to vote and not delay the approval of the minutes any longer. With no further discussion, Keith Van Dine moved to approve the minutes of October 27, 1998, as amended. George Maxfield seconded the motion that carried unanimously. #3 Status of Final Plats: Ernie Evans stated that the Merino Subdivision plat was presented as final plat. #4 BOA Actions: Steve Simonson stated that the Board of Adjustment has not met, therefore no report will be given. 2 #5 Citizens' Input Other Than Agenda Items: There were none. #6 Consider and Take Appropriate Action: Request from Paul Dregs, 3616 Meade St., Carolina Crossing Subdivision (R-6, Single Family District) for a Specific Use Permit to allow temporary rental of a room in his home (SUP #19-98). Steve Simonson stated that Mr. Drega is requesting special consideration to rent out a room at his home at 3616 Meade St., Carolina Crossing Subdivision. Mr. Drega stated that he has recently been laid off from work, and for this reason would like to rent out a room to make ends meet until he can find employment. Mr. Drega believes that possibly it will take up to six months before he becomes employed, and for the meantime his plans are to rent by the month. Ernie Evans asked that if the neighbors have been approached? Mr. Dregs commented that he has spoken to some of the neighbors and they had no objection. Tony Moreno asked that if the Neighborhood Association had been contacted on the deed or covenant restrictions for the subdivision? Mr. Dregs stated that he was not aware of any restrictions, and would Zook into the subdivision deed or covenant. Tony Moreno stated that he assumed the developer would have a list of items that are restricted, and would have made these items known to Mr. Dregs. Tony Moreno stated that if the City allowed the request of renting the room, he assumes that if the Homeowners Association (HOA) deed or covenant of the subdivision would control, and the City's approval would not be valid. Steve Simonson stated that it would be a civil matter between the (HOA) and the individual homeowner. The City won't have anything to do with the decision in this matter. It would be up to the subdivision to enforce the deed or covenant. Steve Simonson stated that after reviewing the request, the Commission could forward 3 recommending approval of this item to the City Council. City Council would then hold a public hearing notifying the neighbors of the proposed request. Keith Van Dine stated that part of the packet is a notice from the City, requesting that Mr. Drega contact Mr. Truitt, City Inspector about overgrown grass in his back yard, and an ad in the newspaper on room rental. Steve Simonson stated that this is the reason Mr. Drega is present. Mr. Drega has taken care of these items, except the issue on the rental of the room. Mr. Drega was told what his options were, and for this reason he has requested the Specific Use Permit. David Richmond asked that if the room is rented and was advised yes. Mr. Drega stated he wasn't aware of an ordinance that disallowed room rental. Keith Van Dine asked that if any neighbors have complained and was advised that one of the neighbors has complained, believing Mr. Drega was renting rooms, for this reason the City Inspector went out to investigate. After further discussion, the Commissioner's agreed that Mr. Drega will have to speak with the HOA to find out any restrictions in the deed or covenant of the subdivision. He may find that he is wasting his time, and whatever decision is made by the Commission or the City Council will not matter. David Richmond moved to forward recommending approval to the City Council the request from Paul Drega, 3616 Meade St., Carolina Crossing Subdivision (R-6, Single Family District} for a Specific Use Permit to allow temporary rental of a room in his home. Keith Van Dine seconded the motion. Tony Moreno stated that a time limit should be part of the motion, and believes six months for now is acceptable. 4 David Richmond stated that he would like to amend the motion. David Richmond moved to forward recommending approval to the City Council the request from Paul Drega, 3616 Meade St., Carolina Crossing Subdivision (R-6, Single Family District) for a Specific Use Permit to allow temporary rental of a room in his home not to exceed six months and to schedule public hearing. Keith Van Dine seconded the motion that carried unanimously. #7 Consider and Take Appropriate Action: Request from M. W. Cude Engineering for Final Plat Approval of Woodbridge Subdivision Unit 1. (PC #372A-98). Steve Simonson stated that all items have been corrected; 50' building setback from Schertz Parkway, 10' landscape easement with the non-access easement, the flood plain/ ACUIZ statement, and the parkland fee statement are placed. Ernie Evans asked about the masonry fence. The fence will be at the 10' easement? Steve Simonson stated that it is part of the City Ordinance and is a requirement. Steve Simonson added that the masonry fence will follow up to the same and matching at Ashley Place. Keith Van Dine moved to approve the request from M. W. Cude Engineering for Final Plat Approval of Woodbridge Subdivision Unit 1. Tony Moreno seconded the motion that carried unanimously. Mike Cude at this time introduced Chuck Lamping, a new engineer with the firm. Mr. Lamping will represent M.W.Cude Engineering at times when I, (Mike Cude) can not be present. #8 Consider and Take Appropriate Action: Request from MBC Engineers for Final Plat Approval of Forest Ridge Subdivision Unit 3. 5 Steve Simonson stated that item 3 was corrected and changed to read Unit 3. This was the only correction that was requested. Ernie Evans stated that the previous units have islands, is there water available to the islands and will unit 3 have water availability to the islands in the unit? Sam Bledsoe stated that water would be available to the islands in unit 3, as in the previous units. Sam Bledsoe reported that Forest Ridge Unit 3 is out of the treed area and into farmland. The developer has moved in approximately 125 trees of various species, and is hoping that the trees will survive. With no further discussion, Keith Van Dine moved to approve the request from MBC Engineers for Final Plat Approval of Forest Ridge Subdivision Unit 3. George Maxfield seconded the motion that carried unanimously. #9 Consider and Take Appropriate Action: On Proposed Change to the Unified Development Code (UDC) to Article VIII, Section 4. (ZC #156-98). Ernie Evans stated that Gary Wallace is not present and he suggested waiting until Gary is available to discuss the proposed changes. Ernie Evans added that Gary Wallace has worked very hard in his research and has provided a very good document. Tony Moreno suggested tabling the agenda item until Gary Wallace is present due to Gary being the author. Tony Moreno stated that the item can be discussed or comments made in regard to the document. Ernie Evans stated that he did not have a problem to tabling the agenda item and that any action or decision would not be made, until Gary Wallace was available. Ernie Evans stated that he would like some consideration to Section 4.1, he would like to see that "trees having an 6" or greater DBH, etc." instead of 8" as it states. Ernie 6 Evans added that in paragraph B, of Section 4.1, in the eighth line he would like to see the word "must" added to the statement "preservation plan "must" includes etc." Ernie Evans commented that the "note" insert of Section 4.1 needs clarification, does the statement include all trees or only trees that are defined as part of the property as the statement reads. Emie Evans stated he is unsure and would like to clarify the note section. Steve Simonson stated that another item of discussion is what type of tree is wanted. The type of tree doesn't necessarily have to be the trees mentioned in this document. David Richmond asked that if it's possible to select other types of tree and was advised it was possible. Other species or type of tree can be considered, not limiting to only native trees that grow in the area. David Richmond moved to table the proposed change to the UDC, to Article VIII, Section 4, until an appropriate future meeting. Tony Moreno seconded the motion that carried unanimously. #10 Consider and Take Appropriate Action: On Proposed Change to the Unified Development Code (UDC) to Article XIII. (ZC #157-98). Steve Simonson stated that the Flood Plain Management is brought forward as a complete change to the current flood plain management in the UDC. The document will delete Article XIII in its entirety, which is a carry over from the old subdivision ordinance. In its place will be the flood plain ordinance, that was deleted when the UDC was put together originally. Steve Simonson stated that what will be done is the take the FEMA approved ordinance, put it in as an article and making it part of the overall UDC document, which will make enforceable. David Richmond asked if the article needs to state that the flood plain management has been approved by the State (FEMA)? Steve Simonson stated that it was not necessary. 7 The first paragraph of Section 1.1, states that it is based on a State mandated document, however if a change is needed it can be done. After further discussion, the Commission agreed that the document should stay as presented. Keith Van Dine moved recommending approval and forward to City Council the proposed changes to the Unified Development Code (UDC} Article XIII, contingent upon corrections. Tony Moreno seconded the motion that carried unanimously. #11 General Discussion: Tony Moreno: Tony had no comments. Keith Van Dine: Keith had no comments. George Maxfield: George had no comments. Ken Greenwald: Ken commented that what Xmas lights and decorations were salvaged from the flood are up throughout the City. The Xmas committee volunteers have done a very good job. Ken mentioned that the Schertz Funeral Home grand opening was Nov. 20, 1998. It's a first class facility. The facility could be toured throughout the evening. 8 Ken commented on the latest article of the Edward EAA where it states that The State District Court dropped a portion of their drought management plan on water allocation. Ken reported that one of the items on the agenda for discussion tomorrow by the City Council is The Inter Local Corporation between Schertz and Seguin, setting up the Corporation and Charter. If Council agrees, it will guarantee over 50-year supply of water. Ken introduced Will Holbrook from the Seguin Gazette Newspaper who will be attending the City Council, workshop and the Planning & Zoning meetings. Ernie mentioned that he will not be present at the Dec. 8, meeting and that the cancellation for the Dec. 22"d meeting be on the agenda of Dec. 8, 1998. David Richmond: David asked what is the status on the Centurion Mini Storage and was advised that the request was withdrawn. David asked what is the status on the rezoning of the two tracts on FM 3009 and was advised that it has been scheduled for public hearings. David also asked when would the traffic light at Woodland Oaks be activated and was advised that it would be activated very soon. Ernie Evans: Ernie asked about the huge sign on FM 3009 by the drainage area that is pointing into Oak Forest Subdivision. Steve Simonson stated that the sign is for the Lancaster Development the Arroyo Verda Subdivision. Ernie commented that everyone should take the time to read the article in the "Journal" pertaining to, "How to say no, when its economic development." 9 #12 Adjournment: David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion. The meeting adjourned at 8:10 p.m. Chairman, Planning & Zoning Commission ATTEST: Planning Secretary, City of Schertz 10