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07-28-1998 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, July 28, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF David Richmond, Vice-Chairman Steve Simonson Joyce Briscoe Asst. City Manager Keith Van Dine Mary Ybarra Tony Moreno Planning Secretary George Maxfield Ken Greenwald, Councilman, ex-officio Members Absent Others Present Ernie Evans (work related) Larry Gill Gary Wallace (not feeling well) 2611 N. Main Harry Jewett 2611 N. Main Tom Jenkins 9435 Garden Ridge Ken Kallestad 212 Marilyn Dr. Allan A. Biegert III 216 Marilyn Dr. Mike Cude 10325 Bandera Road Harold Bauman 1545 Circle Oak Rita Hollingsworth 7714 Grass Hollow Phyllis F. Orr 7714 Grass Hollow #1 Call To Order: David Richmond called the regular session meeting to order at 7:00 p.m. 1 #2 Approval of Minutes: Public Hearing and Regular Session of May 26, 1998; Regular Sessions of June 9,1998, June 23, 1998 and July 14, 1998. David Richmond asked for corrections or additions to the minutes of the Public Hearing and Regular Session of May 26, 1998. Keith Van Dine moved to approve the minutes of May 26, 1998. Tony seconded the motion and the vote is as follows: Ayes: David Richmond, Tony Moreno and Keith Van Dine. Abstained: Joyce Briscoe. David Richmond stated that the motion failed due to not having a quorum. Two of the Commissioners are not present to vote; for this reason the minutes of May 26, 1998, will be tabled until such time that these Commissioners are present. David Richmond asked for corrections or additions to the minutes of June 9, 1998. Joyce Briscoe stated that on page three second paragraph in the fourth line to add "found that" after the word "research", in the statement made by Steve Simonson. Joyce Briscoe added that in the same paragraph in the fourth line, to delete the word "change". Steve Simonson stated that on page five fourth paragraph in the first line to correct the streets to read "Crest Oak and Circle Oak" in the statement made by Joyce Briscoe. Keith Van Dine stated that on page seven fourth paragraph to delete the word "motion" in the first line. David Richmond stated that on page thirteen last paragraph `Blockbuster" is one word. With no further additions or corrections, Joyce Briscoe moved to approve the minutes of June 9, 1998, as corrected. Keith Van Dine seconded the motion which vote carried as follows: Ayes: Tony Moreno, David Richmond, Keith Van Dine and Joyce Briscoe. Abstained: George Maxfield (not a member of the Commission at said meeting). 2 Motion carried. David Richmond asked for corrections or additions to the minutes of June 23, 1998. Joyce stated that on page four-second paragraph to add an "s" to the word "clutter". David Richmond added the following corrections; on the same paragraph in the first line to delete the word "the" and add the word "these" and in the fourth paragraph second line of the same page to add the word "by" in front of the word "abide". On page five first paragraph in the second line to delete the words "to the" and add "with" and in the section of the revised fees, delete the apostrophe in the word "fees". On page seven last paragraph in the second line to delete the word "do" and on page 8 in item #10 replace the name "David Richmond" with `~rnie Evans". With no further corrections or additions, Keith Van Dine moved to approve the minutes as corrected. George Maxfield seconded the motion and the vote was as follows: Ayes: Keith Van Dine, David Richmond, George Maxfield and Joyce Briscoe. Abstained: Tony Moreno (absent at said meeting). Motion carried. David Richmond asked for corrections or additions to the minutes of July 14, 1998. David Richmond and Joyce Briscoe stated that the following corrections are needed; On page three last paragraph in the sixth line delete the word "the" and the "apostrophe" in the word "Trails" and in line eight to add "in the UDC" after the word "error". On page six second paragraph in the first line to delete the word "that" and on page seven sixth paragraph in the first line to add "greenbelt in Deerhaven" after the word "space" and correct the word "It" in the second line of the same paragraph. On page eight second paragraph in the sixth line to correct the wording to read "electrical easements". On page nine second paragraph in the last line to add "to" after the word "not" and in the third paragraph in the first line to add "now located in Greenshire" after "Kaufman and Broad". 3 With no further corrections or additions, George Maxfield moved to approve the minutes of July 14, 1998, as corrected. Keith Van Dine seconded the motion and the vote was as follows: Ayes: David Richmond, Keith Van Dine, Tony Moreno and George Maxfield. Abstained: Joyce Briscoe (on vacation). Motion carried. #3 Status of Final Plats: There was none. #4 BOA Actions: Joyce Briscoe stated that the Board of Adjustment (BOA) had approved the variance setback request from Jim Lord. Joyce Briscoe mentioned other items of discussion and concern by Chairman Hartzog in which he would like feedback from the Planning and Zoning Commission. On the subject of traffic and the 30-mph speed limit on Lindbergh Ave. Lindbergh is a residential street and Chairman Hartzog asked that the Planning and Zoning Commission look into possibilities of lowering the speed limit to 20 mph like other residential streets. Steve Simonson stated that speed limit issues are the responsibility of the City and the Police Department, and the Commission can not handle these types of issues. Steve Simonson stated that he would pass on Chairman Hartzog's concerns. Joyce Briscoe informed the Commissioners that the following BOA board members, Anita Clark, James Harris, Peggy Brown and Norman Slocum were approved by the City Council for additional two-year terms. Joyce reported that the action to change the BOA voting procedure in the UDC from a 4-vote to a 75% -vote has had the first reading by the City Council and by the next BOA meeting the new voting procedure change will be in affect. #5 Citizens' Input Other Than Agenda Items: 4 Harold Bauman stated that he is interested in obtaining copies of the Planning and Zoning minutes and would like to know what the procedure would be. Steve Simonson informed Mr. Bauman that when the minutes are approved copies may be obtained by calling the office. Mr. Bauman thanked the Commissioners for their time. #6 Consider And Make Recommendation: Request from Jenkins & Associates, Inc. for a Special Exception to the Zoning Ordinance for a rear yard setback from 10' to 4.6' to build a home on lot 9R, Block 8, Oak Forest Subdivision. (BOA #111-98) Steve Simonson stated that the lot is in an R-5 zoning area at the back of Oak Forest Subdivision. The 50'x100' lots have a 20' dedicated alley behind them. The house will encroach into the alley way in the backyard because of the design of the house and the off street handicap parking. Joyce Briscoe asked if the front of the property would stay conformed to the rest of the lots in the area? Steve Simonson replied yes. Joyce Briscoe asked that if the request is forwarded to the BOA, will the citizens be notified of the request and have the opportunity to comment? Steve Simonson stated this was true. Joyce Briscoe moved to forward to the Board of Adjustment recommending approval the request from Jenkins & Associates, Inc. for a Special Exception to the Zoning Ordinance for a rear yard setback from 10' to 4.6' to build a home on lot 9R, Block 8, Oak Forest Subdivision. Keith Van Dine seconded the motion. David Richmond commented that before voting on the request, he will call on the citizens that signed up to speak on this item. Mr. Jenkins briefly stated that prior to the design of the house, he was not aware of the city requirements until it was brought to his attention by the City inspector. It would be very difficult to redesign the plans and the clients are ready to proceed and asks the Commission for consideration on this request. 5 With no further comments or questions voiced, David Richmond asked for a vote on the motion. The vote was unanimous in favor. #7 Consider And Take Appropriate Action: Request from Allan A. Biegert III, 216 Marilyn Dr. for a Special Exception to the Zoning Ordinance for a side yard setback from 7' to 2' to widen the driveway and to build a carport. (BOA #112-98). Steve Simonson stated that this is a standard request for this R-2 area. Carports are going up in this area and fortunately, in this case there is still some area left to the side yard, the carport is not moving right up to the side yard. Steve Simonson added that enclosed in the Commissioners packet is a letter from a next door neighbor stating that he does not have a problem with this request. David Richmond stated that Mr. Biegert and his neighbor, Mr. Kallestad, are present to answer any questions. Joyce Briscoe stated that if the request is a standard request for this area, she has no problem with forwarding the request to the BOA. Keith Van Dine moved to forward to the Board of Adjustment (BOA), recommending approval the request from Allan A. Biegert III, 216 Marilyn Dr. for a Special Exception to the Zoning Ordinance for a side yard setback from 7' to 2' to widen the driveway and to build a carport. Joyce Briscoe seconded the motion that carried unanimously. #8 Consider And Take Appropriate Action: Request from ARC (Affordable Residential Community, Pecan Grove Mobile Home Park} to rezone 2.109 acres SE of FM 78 from MH (Manufactured Home) to GB (General Business). (ZC #157-98). Steve Simonson stated that Mr. Steve Hurwitz is present to answer any questions on this request. Steve added that the area along FM 78 is straight zoning of (GB) General Business; however, some of these businesses have slid out of the area. Mr. Hurwitz, stated Steve, is asking to 6 expand the area (GB) because as the road is widened and some of the old businesses are removed they are going to want a little more territory to development the property. This will basically add 2.109 acres to the existing GB zoning in the area. The entire property runs from the VFW property line to the tire shop property line. Steve added that the expansion is not backing up to any residential area and basically the extension will stay even with all the other commercial areas. Steve Simonson added that the city has been in discussion with Mr. Hurwitz, on the possibility of the whole Pecan Grove covered area becoming another City Park. Steve Hurwitz stated that his company is in the process of delivering a letter to the city proposing that sort of usage for this area. It's a very attractive area with a creek running through it and very suitable for a park area. Steve Hurwitz stated that after the flood last year in June 1997, it was quite an effort to clean-up the property and improve the area. Some area is still usable for manufactured housing. A clubhouse and pool have been put in plus other improvements. The rest of the property, which is basically on this side of the creek up to the commercial area, is not usable for manufactured housing. The corporate office is pursuing selling this portion to be used possibly by an RV Park operator. The corporate office is looking into selling the commercial portion because when FM 78 is widened the lots will be narrowed enabling the lots unusable. By expanding the commercial area an average of 75' there will be ample space for a first class commercial operation along with parking. Parking will be along the area that touches the flood zone; however, most of the proposed parking will be out of the flood zone. Mr. Hurwitz passed out photographs of the proposed area that will be affected. Keith Van Dine moved to approve and schedule a public hearing on the request from ARC (Affordable Residential Community, Pecan Grove Mobile Home Park) to rezone 2.109 acres SE of FM 78 from MH (Manufactured Home) to GB (General Business). Tony Moreno seconded the motion that carried unanimously. 7 #9 Consider And Take Appropriate Action: Request from Harry Jewett Associates for Preliminary Plat Approval of HDS-Schertz Subdivision Unit 1, (Schertz Medical Clinic) FM3009. (PC#379-98}. Steve Simonson stated that this area is located at Ashley Oak Drive and FM 3009 where the Quantum Medical sign now stands. The plat is missing the flood plain statement. "Zoning "has been left out of the Planning and Zoning statement, the Guadalupe County Commissioners statement has been placed and does not need to be part of the plat, the recordation statement is missing, and the plat is not showing a 50' building setback required on FM 3009. With no further discussion, Joyce Briscoe moved to approve the request from Harry Jewett Associates for Preliminary Plat Approval of HDS-Schertz Subdivision Unit 1, (Schertz Medical Clinic} FM3009 with the following corrections, that "zoning" be included in the Planning and Zoning Commission statement, the flood plain information placed, the statement pertaining to the County Commissioners be replaced with the recordation statement, and the 50' building setback be included. Keith Van Dine seconded the motion that carried unanimously. #10 Consider And Take Appropriate Action: Request from Harry Jewett Associates for Site Plan Approval of Schertz Medical Clinic, FM3009. (PC#380-98). Steve Simonson stated that the plat shows an entrance off of Ashley Oak Dr. and FM 3009. The plan shows the parking area around the building, the trees that will be saved, and the trees that will be removed. Steve added that the site plan is showing a fence off of Ashley Oak Drive, however it shows no indication as to what type. Slide gates are shown off of FM 3009 and it is assumed that these gates will be closed at night. Steve Simonson noted that the drainage area off of FM 3009 has a metal grate. Steve Simonson added that the site plan is not showing sidewalks which is a requirement on FM 3009. Mr. Jewett informed the Commissioners that the planned fence will back up to the brushy area to prevent parking of cars etc. and provide protection. Mr. Jewett stated that no decision has been s made as to the type of fencing and the matter is open to suggestions. Mr. Jewett indicated that the fence will be a low type of fencing about 3' high, constructed of rock material with decorative iron of some sort. Mr. Jewett explained that only one monument sign with lettering on both sides is planned. Mr. Jewett explained to the Commissioners that the sidewalk requirement for FM 3009 would require high retaining walls to hold the sidewalks in place because the property is high off the road and would not be attractive looking. Steve Simonson explained the procedure for requesting an exception to the sidewalk requirement on FM 3009. A request would have to be made to the City Manager on behalf of the developer, requesting a variance. The final decision will be made by the City Council. With no further discussion, Joyce Briscoe moved to approve the request from Harry Jewett Associates for Site Plan Approval of Schertz Medical Clinic, FM3009 to include sidewalks on FM 3009 and Ashley Oak Drive and include the 50' building setback on FM 3009. Keith Van Dine seconded the motion that carried unanimously. #11 Consider And Take Appropriate Action: Request from M.W. Cude Engineers, LLC to rezone 0.969 acres from R-2 (Residential Single Family, 70' x 120' lots) & GB (General Business) to GB (General Business) & R-2 (0.127 acres). (ZC #156-98). Steve Simonson stated that the reason for the new zoning request and master plan request is a misunderstanding between seller and buyer as to the amount of commercial property left to the seller. The area proposed for rezoning was not minimal. It required several acres, and for this reason a new request is required. The master plan is similar to the original with the exception to the south side of the property where one cul-de-sac of lots was lost, which allowed 10' to be added to some of the other lots. The number of lots dropped from 113 to 109. Steve Simonson stated that the City Council had just approved the original zoning request on this property. 9 Mike Cude presented the revised master plan showing how the proposed rezoning caused the loss of the cul-de-sac (lots lost) and showed the layout of the property with the new zoning. Keith Van Dine moved to approve and set a public hearing on the request from M.W. Cude Engineers, LLC to rezone 0.969 acres from R-2 (Residential Single Family, 70' x 120' lots) & GB (General Business) to GB (General Business) & R-2 (0.127 acres). Tony Moreno seconded the motion that carried unanimously. #12 Consider And Take Appropriate Action: Request from M.W. Cude Engineers, LLC for Master Plan Approval of Woodbridge Subdivision. (PC #372-98). Steve Simonson stated that the master plan has a corrected location map. It shows the layout of the lots in unit 1 and 2. The master plan is basically the same as the one approved with the exception of the deletion of the cul-de-sac and the added 10' depth to the 3 lots (31-34) that affects the layout of the lots. The number of lots has been corrected from the original total of 113 to 109 lots. Steve Simonson added that the plat shows that Woodland Oaks Drive will finally come out to Schertz Parkway. Keith Van Dine asked if a fence would be going up where the lots abut the GB area. Steve Simonson stated that the subdivision will have an ordinary fence not a masonry fence because the subdivision is not on Schertz Parkway. However, a masonry fence will have to be put where the subdivision abuts Schertz Parkway. The General Business (GB) developer who builds in the area will be required to build the 8' masonry fence that abuts the residential lots as required by the City's UDC. Steve Simonson stated that the development will not have drainage problems. Drainage will be at the existing area across Maske Road where the drainage is reinforced when it drops down. Tony Moreno moved to approve the request from M.W. Cude Engineers, LLC for Master Plan Approval of Woodbridge Subdivision. Keith Van Dine seconded the motion that carved unanimously. 10 #13 Consider And Take Appropriate Action: Request from M.W. Cude Engineers, LLC for Preliminary Plat Approval of Woodbridge Subdivision Unit 1. (PC #372-A-98). Steve Simonson stated that the flood plain information is correct and that the Planning & Zoning statement is correct. Steve Simonson mentioned that Woodland Oaks Dr. would be built with unit 1. Steve Simonson added that several items will need to be placed on the final plat such as the following: 1. Street names. 2. Statement on Parkland fees. 3. 50' building setback indicated on Schertz Parkway. 4. Correct the spelling of Schertz in the City Engineer statement. Tony Moreno moved to approve the request from M.W. Cude Engineers, LLC for Preliminary Plat Approval of Woodbridge Subdivision Unit 1 contingent upon corrections. Keith Van Dine seconded the motion that carried unanimously. #14 General Discussion: Tonv Moreno• Tony mentioned how rewarding the joint meeting with City Council and Planning and Zoning had been. All the items discussed were very interesting topics, Tony stated that it seems that the City Council is on the same track as the Planning and Zoning Commission. Tony mentioned that he would like a copy of the minutes of the joint meeting. Keith Van Dine: Keith asked if there have been any more requests to rezone any more property on FM78? Steve Simonson replied, no. The area previously discussed in one of the agenda items is one of the older areas on FM78, which would improve the community with a RV area or a City Park. 11 Keith mentioned that the drag track is a done deal. We will have to wait and see if all of the talk about the facility will come true. Jovice Briscoe• Joyce commented how enlightening the joint meeting with the City Council had been. Joyce commented on the Comprehensive Plan of "93", and specifically about the traffic volume in the City at that time. George Mazfield• George had no comments. Ken Greenwald• Ken mentioned that the water issue is still in the preliminary stages with Seguin and that the City is still looking at different options. Ken stated that the city will get water. David Richmond• David mentioned that he was happy to see that the Blockbuster signs have gone up. David commented he would like a copy of the minutes of the joint meeting with the City Council and the Planning and Zoning Commission. Steve Simonson: Steve commented that the joint meeting with the City Council had been very interesting. He mentioned that the legislative laws have changed, beefing up and giving more strength to the Comprehensive Plan of a City. For this reason, he suggests that a consultant be hired to finish the Comprehensive Plan. The Planning and Zoning Commission has gone as far as it can, and has done a very good job. 12 #15 Adjournment: Keith Van Dine moved to adjourn the meeting. Tony Moreno seconded the motion. The meeting adjourned at 8:45 p.m. ~~E ~ Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City of Schertz 13