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09-08-1998 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, September 8, 1998, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONIlVG COMMISSION CITY STAFF Ernie Evans, Chairman Steve Simonson David Richmond, Vice-Chairman Asst. City Manager Joyce Briscoe Mary Ybarra Gary Wallace Planning Secretary Keith Van Dine Tony Moreno George Maxfield Ken Greenwald, Councilman, ex-officio Members Absent Others Present Louann McDaniel, Japhet Homes Chuck Hess, 203 Colorado Ave. Steve Hamre, 3820 Forsyth Park Larry Krippendorf, Japhet Homes #1 Call To Order: Ernie Evans called the regular session meeting to order at 7:00 p.m. #2 Approval of Minutes: August 25, 1998 Ernie Evans asked for correction or additions to the minutes of August 25, 1998. Ernie Evans stated that on page thirteen in Tony Moreno comments the statement should read, "to limit projects from coming into the City and develop a property that would entirely cover the property with impervious buildings and asphalt. We can address that with a water run-off 1 requirement and maximum ratio requirements of impervious cover". David Richmond added that a clarification is needed to the same page in his comments, to insert the following "construction will begin" after the word "that". Joyce Briscoe stated that on page six-second paragraph to add an apostrophe to the word "it's". Joyce added that the statement made by her in item #16 should read, "Joyce Briscoe asked: Will these be rental units or will the lots be owned and rented by the mobile home owner And in the third paragraph the word "built" should be "build". Ernie Evans stated that on page seven in paragraph five, he recalls an answer was given to the question regarding the power line easement. Ernie Evans suggested that a review of the tape be made. Tony Moreno stated that he recalls making a comment to the engineer in reference to the work done by the city on the master plan. He suggests that the tape be reviewed for additional comments. Joyce Briscoe commented that on page fourteen under Ken Greenwald comments, should the word "not" be omitted in the first sentence and was advised yes. The amount of 77,000 should read "$77,000". Gary Wallace moved to table approval of the minutes of August 25, 1998, pending review of the tape. Keith Van Dine seconded the motion that carried unanimously. #3 Status of Final Plats: Ernie Evans reported that two final plats were signed, the Gardner Subdivision and HITS Schertz Subdivision Unit 1 (Medical Clinic). 2 #4 BOA Actions: Joyce Briscoe reported that the BOA had met since her last report, but that she did not attend. She did not know of the scheduled meeting and for this reason there is no report. There is a BOA meeting scheduled for September 14, 1998. #5 Citizens' Input Other Than Agenda Items: There was none. #6 Consider and Take Appropriate Action: Request from Steven Hamre, 3820 Forsyth Park, Savannah Square Subdivision for a Special Exception to the Zoning Ordinance for a side yard setback from 7.5' to 6.5' and a rear yard setback from 20' to 15' to enclose existing deck for room addition. (BOA #115-98). Steve Simonson stated that Mr. Hamre was surprised to find out that the site plan he was provided showed a 15' building setback and the city's site plan showed a 20' building setback. After researching the records for Savannah Square Units 1 & 2, Steve Simonson stated that he could not find where any type of variance (blank variance) was given to Savannah Square Subdivision for a backyard variance from the 20' setback. Gary Wallace asked if the rear easement contained anything that could be affected and was advised it was a clean easement and there isn't a problem with any of the other easements. Steve Hamre stated that the deck has been tore down and a slab for the room addition will meet city code requirements. Gary Wallace moved to forward the request from Steven Hamre, 3820 Forsyth Park, Savannah Square Subdivision for a Special Exception to the Zoning Ordinance for a side yard setback from 7.5' to 6.5' and a rear yard setback from 20' to 15' to enclose existing deck for room addition to the Board of Adjustment recommending approval. Tony Moreno seconded the motion that carried unanimously. 3 #7 Consider And Take Appropriate Action: Request from Japhet Enterprises, Inc. for a Special Exception to the Zoning Ordinance to encroach 2' into the 10' sanitary sewer easement at 2769 Valencia Lane, blk. 9, lot 47, Crreenshire Subdivision Unit 7. (BOA #116-98). Steve Simonson passed out a letter from Sam Willoughby from the Public Works Dept. stating that after locating the exact location of the sewer line, they found that the sewer line is 5' from the property and is not affected by where the house is built. There is plenty of room to work on the sewer line if it needs to be worked on. Steve Simonson commented that his note in the packet explains that the builder was given a building permit due to the error on the way the house plan were furnished to the Inspection Dept. The developer (Japhet) is ready to move-in an occupant, and was advised that this can not be an authorized move-in until the proper authority rules on the action. Ernie Evans stated that the letter mentions that as long as there is an easy access to the easement, with no obstructions such as fencing etc. Public Works doesn't have a problem however; a fence is already there. Steve Simonson stated the fence issue will be dealt with at the appropriate time. The problem is the sewer line issue and having access to it if needed. Ernie Evans commented that it appears the fence will interfere if the city needs to gain access to the easement. Steve Simonson agreed the fence would be a problem if the city needed to gain access. Ernie Evans believes that the occupants of the house need to be informed that if the city needs to gain access the fence will have to be moved, and that it will be their (occupant) responsibility to replace the fence. Will the occupants be informed? Larry Krippendorf stated that the occupants have been informed. Joyce Briscoe asked: What if another owner occupants the house, would they be looking for the city to replace the fence? Steve Simonson stated that everyone is informed and is aware that if an 4 easement is crossing their property, and if the city needs to gain entry they will do so trying to preserve everything but, that is not a requirement. David Richmond inquired if a building permit needs to be issued by the City to build the fence? Steve Simonson responded he did not know. Steve Simonson added that there isn't a fence at the location however, when the fence is built the City will recommend that front and rear gates be added in order to gain access. Tony Moreno moved to forward to the Board of Adjustment with a recommendation of approval the request from Japhet Enterprises, Inc. for a Special Exception to the Zoning Ordinance to encroach 2' into the 10' sanitary sewer easement at 2769 Valencia Lane, blk. 9, lot 47, Greenshire Subdivision Unit 7. Keith Van Dine seconded the motion that carved unanimously. Steve Simonson mentioned that Japhet Enterprises just informed him that the reason the house was built 2' into the easement was to avoid the 36" oak trees. #8 Consider And Take Appropriate Action: Request from Continental Homes of San Antonio, L.P. for Master Plan Approval of Caroline Crossing Subdivision, Units, 6,7 & 8. (PC #384-98) Tabled August 25, 1998. Ernie Evans informed the Commission that the request from Continental Homes was tabled on August 25, 1998, and before action can be taken, it will need to be taken off the table. Gary Wallace moved to take off the table the request from Continental Homes of San Antonio, L.P. for Master Plan Approval of Caroline Crossing Subdivision, Units, 6,7 & 8. Keith Van Dine seconded the motion that carried unanimously. Steve Simonson reported that the letter the Commission requested from Ed Ford (City Engineer), regarding the information on Savannah Drive is part of the packet. Steve further informed the Commission that he received a telephone call at 4:30 p.m. today, (9-8-98) from Mr. Paul Denham, representing Continental Homes, informing him that Mr. Tim Pruski (owner) had been 5 called out of town on an emergency. They respectfully ask that the Commission re-table the request until Mr. Tim Pruski can be present. Steve added that Mr. Denham was provided with a copy of Mr. Ford's letter, and plans to run a profile on Savannah Drive. Steve Simonson explained that Mr. Denham was informed of the Commissions feelings on the extension of Savannah Drive and the necessity of additional openings onto the subdivision. Tony Moreno moved to re-table the request from Continental Homes of San Antonio, L.P. for Master Plan Approval of Caroline Crossing Subdivision, Units, 6,7 & 8 tabled August 25, 1998. Keith Van Dine seconded the motion that carried unanimously. #9 Consider And Take Appropriate Action: Request from Schlotzsky's Inc. for site plan approval for Schlotzsky's Deli at FM3009/IH35. (PC #385A-98) Steve Simonson stated that the two items of concern by the Commission on the site plan are 1). The sign on FM3009, this was an authorized multi-use sign for Taco Cabana that was approved by City Council on Oct 14, 1997, and Schlotzsky's Deli can place their logo on this sign. The sign that was authorized on IH35 for Taco Cabana can also be used to place the Schlotzsky's logo. Schlotzsky's also has authorization of the signs on the building. Ernie Evans stated that the sign diagram on IH35 shows that the Schlotzsky's logo is on the top. Is the Taco Cabana logo moving down or is the height of the sign changing. Chuck Hess representing Schlotzsky's Deli stated that the agreement at the time of land purchase was that Taco Cabana's logo would move down allowing Schlotzsky's logo on the top and the sign height not increased. Steve Simonson stated that the authorized height for the sign on IH 35 is 65' and no more than 90 sq.ft face size for the sign on FM3009 and the approval of one berm sign on the front of the business. 6 Ernie Evans asked what is the standard signage for signs on the building? If the request is for more than the authorized signage does this require a variance? Steve Simonson stated that normally businesses are authorized one sign on the building which is placed on a face side. The Commission would have to allow a variance for more than one sign. Ernie Evans stated that before the Commission takes any action, there is no request for a variance to allow more signage, however the site plan shows a total of three signs attached to the building and anything over one sign would require a variance. Chuck Hess stated that if the Commission agrees Schlotzsky's would be willing to separate the signage variance from the site plan if this would help in action taken by the Commission. Tony Moreno stated that the variance would be a reasonable request because the site plan appears to be complete. David Richmond mentioned that the landscape plan is well utilized and follows along the excellent job done by Taco Cabana's landscaping. Ernie Evans stated that the signage issue is part of the site plan. Steve Simonson stated that it is part of the site plan checklist used by city staff. Ernie Evans stated that the Commission could decide to treat the site plan and signage issue as two separate issues. That would change the rules, does the Commission want to do that? Ernie Evans stated that the request is for three signs to be placed on the building. One sign toward the access road is facing IH35, and one at the entrance of the building. Ernie Evans asked where would the third sign be placed? Chuck Hess stated that the third sign would be placed at the drive through side facing Bill Miller's. After discussion between the Commissioner's and Mr. Chuck Hess on the signage issue, Mr. Hess agreed to delete one sign from the request. Tony Moreno stated that he did not have a problem with the request for two signs, it is up to the Commission to take action on the signage issue. 7 Gary Wallace commented that it seems there is no monument sign proposed for the business, and was advised that was true, that the approved sign on the IH35 will act as the monument sign. Ernie Evans asked which of the three signs would be the one deleted from the request? Mr. Chuck Hess stated that the sign next to Bill Miller's would be deleted. Steve Simonson stated that basically the request would allow two signs only for the business regardless of placement. Ernie Evans stated that the Commission will take act on the signage variance as a separate issue. Tony Moreno moved to approve the request for a variance from Schlotzsky's, Inc. to approve two signs on the building instead of the UDC requirement of one sign. Gary Wallace seconded the motion and the vote was as follows: Ayes: Ernie Evans, George Maxfield, Joyce Briscoe, Keith Van Dine, Gary Wallace and Tony Moreno. Opposed: David Richmond Motion carried. Ernie Evans asked for any questions or concerns on the request for the site plan. With no further discussion, Tony Moreno moved to approve the request from Schlotzsky's Inc. for site plan approval for Schlotzsky's Deli at FM3009/IH35 with variances approved. Gary Wallace seconded the motion that carried unanimously. #10 General Discussion: Tony Moreno• Tony had no comments. s Keith Van Dine• Keith had no comments. Garv Wallace: Gary mentioned that a correction on Mr. Ford's letter is necessary in reference to the direction of Savannah Drive. Jovice Briscoe• Joyce had no comments. George Magfield• George had no comments. Ken Greenwald• Ken mentioned an article in the Metro section of the Express News regarding water contamination. Testing for contamination can be very expensive and is a very scary to think your drinking water may be contaminated. Ken mentioned that there is a group of several San Antonio Police Officers wanting to dove hunt in the City, which the City does not allow. Chief Smith has been asked to come up with a possible solution. He has an Inclusive Ordinance that should work, which would require the property owner to post " 1/a mile off the property, (which means that is as far as you can go), and the use of bird shot only. Ken mentioned that the former Fire Chief, Ed Melton had passed away on Friday. 9 David Richmond• David had no comments. Steve Simonson: Steve mentioned that the final firm date for the construction of FM78 is April 1999, however we probably will not see actual construction until June 1999. The signal light at Woodland Oaks Dr.and FM3009 has been contacted and will see it soon. Steve added that for the moment the program calls for August of 1999 for the letting of Lower Seguin Road, however as I mentioned in my notes, the ROW maps are not in my possession. If everything goes smoothly we could have FM78, Lower Seguin Road and Dietz Road, under construction at the same time. Steve mentioned that several more plats have been received, Forest Ridge Subdivision, etc. and more inquires in housing and business areas. A meeting is scheduled for Thursday and Friday to discuss a request for some acreage to build apartments in the City. The building is continuing the City is averaging between 250 and 300 homes on the ground under construction at one time. Ernie Evans• Ernie mentioned that Arroyo Verde Subdivision is using access off of Green Valley Road by the fences where the road was to go at one time, and assumes this is expectable. What is the purpose of a large pathway being dug out (toward Oak Forest), is this for the sewer connections? Steve Simonson advised Ernie he did not know, however the plans will be checked out. Ernie asked if there is any word as to when the Storage Facility (Centurion Mini Storage) will be coming back to the Planning and Zoning. Steve Simonson stated that the developer is holding back until it is presented to the Board of Adjustment, and action taken on the variance request. A call was received today from Centurion Mini Storage requesting that the onsite "residence security" be withdrawn from the Board of Adjustment. 10 #11 Adjournment: David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion. The meeting adjourned at 8:05 p.m. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City of Schertz 11