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02-24-1998 .PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, February 24, 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 & ZONING COMMISSION CITY STAFF Ernie Evans, Chairman Kerry Sweatt, David Richmond, Vice-Chairman City Manager Pia Jarman, Secretary Mary Ybarra Gary Wallace Planning Secretary Tony Moreno Keith Van Dine Joyce Briscoe Ken Greenwald, Councilman, ex-officio MEMBERS ABSENT OTHERS PRESENT Nichole Blanford, 91 Parkview Dr. Jan Day, 1607 Green Valley Dr. . Ted Duigon, 1112 Antler Dr. Marianne Bulgrin, 5317 Plaza Dr. David & Diane Ebbers, 3809 Broughton Vicky Archer, 107 Lost Meadows #1 Call to Order: Chairman Evans called the February 24, 1998 regular meeting to order to 7:00 p. m. #2 Approval of Minutes: Chairman Evans commented that the minutes of the regular session of February 10, 1998 are not published due to all the health-related issues in the city. The minutes will be published at the next scheduled meeting. #3 Status of Final Plats: There were none to report. 1 #4 BOA Action: Pia Jarman stated that at the Board of Adjustment meeting held on February 23, 1998 the board interviewed applicants for a regular member and an alternate member. Peggy Brown was voted in as a regular member while Kathy Hill was voted as an alternate member. The Board forwarded their recommendation to City Council for their approval. #5 Citizens' Input Other Than Agenda Items: Ted Duigon stated that he wanted to discuss item #11 on the agenda of the February 10, 1998 regular session of the Planning and Zoning meeting which the minutes are not published for said meeting. Mr. Duigon stated that he is representing Ms. Jan (Besch) Day regarding the above item number at the February 10, 1998 meeting. Mr. Duigon stated that from information received from the city staff on the rezoning in item #11, the Planning and Zoning Commission is requesting the zoning change. The property is being proposed for rezoning from a mixture of primarily R-5 and some R-2 to basically R-1. Mr. Duigon stated that there is a contract for sale pending on the property since October 19, 1997. Mr. Duigon stated that from information he is getting from the buyer is that he is having difficulty in the submittal of a preliminary plat for approval. Mr. Duigon stated that Ms. Besch (Day) has concerns because of the financial hit based on the buyer and his future plan for the property. Mr. Duigon commented that he was hoping to have access to the minutes and the discussion by the Commission on this issue. Mr. Duigon stated that he is aware that the developer had contacted the Planning and Zoning Dept. and suggests were made of where the property should dump into Green Valley Road. Mr. Duigon stated that the information he is hearing is very sketchy and that is why he is concerned in finding out from the Commission some answers. Mr. Duigon thanked the Commission for their time. Ernie Evans stated that the Commission had discussed the potential of rezoning the entire property not one property owner. No one-property owner was singled out. After the group discussion it was recommended for a public hearing. There is no decision on whether or not the property will or will not be rezoned. This will not take place until after both public hearings are heard by the Planning and Zoning Commission and City Council. The public hearing for the Planning and Zoning is on March 24, 1998 and April 7, 1998 for City Council. The legal notice is published fifteen days prior to the meeting and notification of the property owner's ten days prior to the scheduled meeting. Chairman Evans stated that the Commission is not aware of anything that is happening to any one of the landowners. Chairman Evans stated that he recalls sometime last year, someone talking to Mr. Simonson of potential development of that area. The Commission did not receive any formal request for development of this area. There are no plats and no further discussion on the issue at this time. Ernie Evans stated that information brought to the Commission by Mr. Simonson, he had no further discussion with that person and to his knowledge this is not an issue. Chairman Evans stated that the information that Mr. Duigon is hearing is correct. There have been different times when developers have come to the city and these same issues have been addressed. At this time the city is addressing these issues for the Harborth property. 2 Ted Duigon asked the Commission whom should he talk to at the city to get information in this issue? Ernie Evans stated that he should contact Mr. Steve Simonson. Gary Wallace asked Ted Duigon if he knew the buyer? Mr. Duigon stated that the buyer is Oak Trail Investment. Gary stated he talked with Steve Simonson in the hospital and Steve doesn't recall any recent request since last year with the successor of Kaufman and Broad. Ted Duigon commented that Randy Dym is the name of the individual that he is familiar with. Pia Jarman stated that in that occasion the individual that came to the Commission stated that he only wanted to ask questions and was trying to get a feel. The Commission asked the individual if he was ready for platting. He responded he was not. The information to the meeting is in the minutes. Perhaps a copy of these minutes can be given to Mr. Duigon Mr. Kerry Sweatt stated that he had gotten a telephone call from an individual who is interested in the property and asking what is taking place in the rezoning of the property. Mr. Sweatt stated that he outlined what information he had. This individual had a very preliminary interest, had no plat, no submittal in writing or made any commitment. Mr. Sweatt explained to him that two public hearings are to be held and if he represents the owner or has the approval of the owner, he can represent the owner at the public hearings. There was no further discussion. The individual is not who Gary mentioned previously. Ted Duigon commented that Mr. Dym is represented through American Network Realty and they are circulating a plat to the seller. At this point, Mr. Sweatt stated that this is not the individual that he talked to. #6 Consider And Take Appropriate Action: Request from Marianne Bulgrin for Site Plan Approval of Restaurant on Plaza Dr. (PC #360-98) Mr. Sweatt stated that the property is bounded by Plaza Dr and to the north by IH 35 access road, at this time it is vacant and the applicant owns the property directly behind the property. To the north of the property is a playground equipment manufacturing company. The property is currently zoned "general business". The Commission has been furnished a site plan of the area. Mr. Leonard Truitt, inspection supervisor is present to answer questions relating to the request. Mr. Sweatt stated that the applicant is present to discuss the plans. David Richmond stated that the checklist is incomplete. Ernie Evans stated that the checklist is incomplete. Ernie stated that Mr. Simonson had stated to him that he did not have the opportunity to complete the checklist and ask the Commission to do so. All material was not available at the time to complete the checklist. Mr. Truitt is available and is familiar with the checklist and will help to answer any questions. 3 Gary Wallace stated that the discussion on the request is to take some time and suggests that the request is tabled and item #7 is heard before item #6. Gary Wallace moved to table the request from Marianne Bulgrin for site plan approval for the restaurant on Plaza Dr. Tony Moreno seconded the motion that carried unanimously. #7 Consider And Take Appropriate Action: Request from David and Diane Ebbers for a Special Exception to the Zoning Ordinance for construction of pool, 5' from the main structure, which is an exception to the 10' requirement. (BOA #101-98) Ernie Evans stated that the application in the packet on the request is not signed. A signed application is provided on the request for said meeting. Mr. Kerry Sweatt stated that the Commission will review the request and recommended to the Board of Adjustment for their consideration. The application is from the property owners at 3809 Broughton in Savannah Square Subdivision. The application is to locate an above ground pool at the rear of the property. The drawing in the packets describes the location of the pool in relation to the house; there is a requirement of 10' for secondary structures. The applicants are requesting to place the pool 5' from the main structure. It has been reviewed by the inspection dept. and they find no problem with the request. Ernie Evans stated that the property backs up to a property that is in a cul-de-sac, which is identical to the cul-de-sac that the property is on, and that is why the property starts to make a bend. Pia Jarman commented that on the 10' requirement is for buildings or sheds that can store paints and other items of that nature. As far as she can tell the above ground pool does not go over any electrical outlets. The electrical easement is located on the side of the property. Joyce Briscoe moved to approve the request from David and Diane Ebbers for a Special Exception to the Zoning Ordinance for construction of pool, 5' from the main structure, which is an exception to the 10' requirement to be forwarded to the Board of Adjustment for their consideration and approval. Gary Wallace seconded the motion that carried unanimously. #6 Consider And Take Appropriate Action: Request from Marianne Bulgrin for Site Plan Approval of Restaurant on Plaza Dr. (PC #360-98) Ernie Evans stated that a motion is needed to take item #6 off the table. Pia Jarman moved to take item #6 off the table. Gary Wallace seconded the motion that carried unanimously. 4 Ernie Evans stated that to get back to the issue at hand without asking Mr. Sweatt to repeat his comments, the Commission was in discussion regarding the incomplete checklist. Mr. Simonson did not have all documentation regarding the issue before going into the hospital and asked the Commission to help complete the checklist. Mr. Sweatt stated that he asked Mr. Truitt to be present to help clarify any questions. The information in your packets shows a floor plan of the first floor of 2,400 sq.ft. A second floor is proposed in the future. This second floor can cause off street parking a consideration. There is sufficient parking for the site plan as proposed. A second floor can cause a parking consideration and he is not aware of alternate parking arrangements. Ernie Evans stated that the site plan presented shows 25 parking spaces but if counted it is only showing 24 spaces. Ernie commented that he would like to have Mr. Truitt comments on a potential traffic problem if any at the intersection of the location. You will notice the entrance to the proposed restaurant is on Plaza Dr. Plaza Drive enters the access road to IH 35 approximately 100' from the-off ramp of IH 35 and the merge of the access road. Mr. Truitt stated that currently as traffic exits off the exit ramp off of IH 35 onto the feeder road there is a no pass strip of approximately 100'. The strip extends all the way to the front of Plaza Drive. That being a blind spot can cause some concern. The city engineers discussed other requirements and found none. As long as the property opens up off of Plaza Drive the entryways are fine. There is some suggestion from the city engineer recommending that the city request from TXDOT for a special request for the off ramp. This has been done in the past in a different issue. It does propose a problem in Mr. Truitt's opinion. Mr. Sweatt stated that the city has on three separate occasions requested TXDOT to consider a stop sign instead of a yield sign for the traffic. Mr. Sweatt stated that TXDOT states that this violates the "Uniform Traffic Control Manual and points out that there is no stop signs on any service roads. The merging traffic is a problem and the city has proposed a solution by requesting a falter barrier. Ernie Evans asked Ms. Bulgrin if the sign being proposed is to go on the building? Ms. Bulgrin responded yes. Marianne Bulgrin stated that for the moment she would like to leave the second floor unfinished until she can secure some other property for additional parking. Gary Wallace asked Marianne Bulgrin if she owned the property directly behind the property in discussion. Marianne responded yes, she lives on this property. Ernie Evans stated that the information is missing off the documentation and it needs to be shown. Lot 21 and 22 need to show property owners. 5 Joyce Briscoe stated that "NHS" should read "General Business" and needs to be corrected. Ernie Evans stated that the requirement for separation of a business and residence would be an 8' fence. The site plan shows a chain link fence. Marianne Bulgrin stated that Mr. Simonson stated that the fence is an option because she owns the property. Chairman Evans commented that it is not an option. A waiver or a variance can be requested for the law or the rule. The fence can be masonry not chain link fence. Pia Jarman stated that a chain link fence could be done if it is requested. Ernie Evans stated that the fence issue would have to be part of the request submitted. Ernie asked Marianne that if the property across the street is acquired for parking and the second floor is completed would she consider putting in a right hand turn lane into the piece of property? Marianne stated that this could not be done because there is a drainage ditch. Leonard Truitt stated that would have to be TXDOT approved and he would have to check to see if that is capable. David Richmond asked Marianne if the restaurant had a name? Marianne commented she has not decided if she wants to name it the "Kountry Kitchen" which she owns or use another name. Ernie Evans asked Marianne what engineering firm is doing the plans, designs and site plans for the proposed restaurant? Leonard Truitt commented that Mr. Albrecht is the contractor and has an architect and an engineer that will design the plans for the submittal. Ernie Evans stated that because there is several things missing from the site plan and a variance missing that the Commission can table or disapprove the request. Ernie also commented that he felt the Commission does not have a problem to the property being used for said purpose all that is needed is the corrections. A formal site plan is needed; variance needs to be presented as part of the submission and the issues discussed previously. Landowner for Lot 21 and 22 need to be shown. All documentation is needed, landscape, lighting, parking and signage etc. Pia Jarman moved to table the request from Marianne Bulgrin for site plan approval for a restaurant on Plaza Dr. until a complete site plan is presented along with a request for a fence variance. Keith Van Dine seconded the motion that carried unanimously. 6 #8 General Discussion: Tony Moreno No Comments Keith Van Dine No Comments Gary Wallace No Comments Joyice Briscoe Joyce commented that in the short time she has been on the Commission she is still not familiar on all procedures. Is it procedure for an incomplete site plan to be submitted to the Commission? Ernie Evans stated no, but for general discussion the Commission is not strict in their requirements. When the plan is resubmitted the checklist needs to be completed before being reviewed by the Commission. In the issue at hand Marianne Bulgrin did not want to go to any expense until she knew the outcome of the meeting. Mr. Sweatt stated the site plan normally is staffed more completely, before is comes to the Commission. This particular site plan is less complete due to the illness and absences of the city staff. Pia Jarman Pia informed the Commission that she is running for City Council. Whether or not she is elected to City Council she is not planning to be part of the Planning and Zoning Commission after elections. She plans to take a vacation. David Richmond David commented that exit 175 on IH 35 is not marked and is not located at the location that we have been accustomed to. Mr. Sweatt commented he is aware the exit is not marked and will make some calls to take care of the problem. Ken Greenwald Ken commented on an article of the newspaper dated Feb. 14, 1998. The article discusses the "Toilets in the Spicewood Rural Area" by Roddy Stinson. It is a very good article and he will provide copies for the Commission. 7 Ken mentioned city employees Steve Simonson and Norman Althouse are doing well. Steve had surgery Norman had an asthma attack but is now back to work. Chief Smith went to the hospital on Monday morning. Kerry Sweatt Mr. Sweatt explained to the Commission that as soon as the purchase is finalized on the property for the expansion of the city offices a sign is to be erected indicating what the project is and a second sign that looks like a big thermometer indicating the target dates of the works progress. Mr. Sweatt reported to the Commission the architectural work that is in progress and the schematic portions of the floor plans for the Fire, Police and EMS buildings. He explained what the city plans are for each department in terms of parking, training facilities etc. A model of the proposed project is to be assembled in the library for viewing. The bidding for the three buildings is to be at the same time as a project. The city is shooting for a June bidding time. Ernie Evans Ernie commented on a Church that has moved into the school in Savannah Square to hold service on Sunday. Can bandit signs be placed without getting city permission? Leonard Truitt stated the inspection dept. is contacting the Church and the signs are coming down. Ernie thanked Mr. Sweatt for sitting in for Mr. Simonson. Ernie asked the Commissioners to do some serious thinking for setting a meeting for the Comp. Plan. We still need a map finalized. Please look at your calendars and give "me" some indications of good dates in order to schedule a meeting. #9 Adjournment: David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion that carried unanimously. The meeting adjourned at 8: 35 p.m. Planning and Zoning Meetings are accessible to disabled persons. To arrange for special assistance or an interpreter, call 658-7477 ext. 24 at least 24 hours in advance. 8 Chairman, Planning and Zornng ommission ATTEST: ~nraing Secretary, City of Schertz 9