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10-11-2001Planning and Zoning Meeting Tuesday, October 11, 2001 The Schertz Planning and Zoning Commission convened in Regular session on October 11, 2001 at 7:OOpm in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. PLANNING AND ZONING COMMISSION CITY STAFF David Richmond, Chairman Ron Youngblood Ernie Evans, Vice-Chair City Planner Tony Moreno Mary Ybarra William Sommers Recording Secretary Joyce Briscoe Gary Wallace ' Keith Van Dine Ken Greenwald, ex-officio COMMISSIONERS ABSENT OTHERS PRESENT None Richard Palmer, 228 Meadow Lane . Janis Hofman, 1301 Arroyo Verde Sean Becker, 4624 Silverton Gary Palmer, Dorothy Dungan, 2824 Redbud Circle Lizzie Giddens, 1040 Valley Forge Larry Aiken, Austin Sara Johnson, 2609 Poplar Grove Lane Thaddeous Kelly, 4324 Willow Oak Beverly Kelly, 4324 Willow Oak Richard Rath, 4329 Willow Oak Tom Flores, 3414 Sunlit Grove Diane Johnson, 2609 Poplar Grove Lane #1 Call to Order: Chairman Richmond called the meeting of October 11, 2001 to order at 7:OOpm. #2 Citizens' input other than agenda items: There was none. #3 Consider and make recommendation: On a request from Richard Palmer, located on 2 acres out of abstract, 245, survey Martin & Walker off of Crested Oak for a special exception to the zoning ordinance to exceed the required roof height of 16' to 22' for construction of a storage building. Mr. Youngblood informed the Commission that Mr. Palmer is building a storage facility for a RV motor home, which has come before Planning and Zoning and the Board of Adjustment in the past. The request at this time is for the additional gables for the roof of the building. Mr. Youngblood noted that the variance request is to include all of article six, sections 1-7. Chairman Richmond asked if anyone would like to speak on this item at this time. Thaddeous Kelly quoted a portion of the application for special use permits and asked how the Commission could go around the words of the application and the UDC. He asked why Mr. Palmer is requesting for more than what he had originally requested (the building height is only going to be 18-feet). Richard Palmer explained that the reason he is asking for 22-feet is so that there would not be another problem. He noted that the roof would probably not reach the height of 22-feet, but he wanted to allow for a little extra room (in case someone came out with a ruler and started measuring it). 2 Mr. Kelly noted that there is supposed to be an engineer drawing on any new building construction. He would like to know why he has not seen that. Richard Palmer passed around some pictures and Gary Palmer then explained that these are pictures of other metal buildings and structures that are located around the City of Schertz. He stated that the point of these pictures is to show that other buildings like Richard Palmet's have been approved and have not been a problem to the surrounding neighbors. Mr. Kelly reported that he knows that the City has approved these types of facilities in the past, but there are building codes that have been established. He feels that the codes have not been enforced for this project. Mr. Kelly also claimed that this building would effect his wife's health issues. Mr. Youngblood pointed out that Mr. Palmer (out of his own generosity) is not going to build on the zero lot line. Mr. Kelly felt staff enforced that. Mr. Youngblood emphasized that it was Mr. Palmer's choice, not staff. Chairman Richmond explained that the UDC is the standard assembly of City Codes and one of the reason for the Planning and Zoning Commission is to allow residents or commercial developers to request a variance for certain issues. He pointed out that the variances are not just approved, Planning and Zoning Commission goes through and looks at them to make sure that the request is valid, if Planning and Zoning thinks that the request is valid, it then goes to the Board of Adjustment for their consideration. Chairman Richmond noted that the Commission follows the UDC and Mr. Palmer's request meets the requirements of the UDC. Mr. Evans pointed out that the section of the UDC that is being quoted is in regards to platted subdivisions, this is not a platted residential subdivision. He also noted that every piece of property, within one year of being annexed into the 3 City is given a designation. That designation does not always remain the same though, sometimes it gets changed after several years. Mr. Evans reiterated that this is not platted subdivision, therefore those standards do not apply to this piece of property. Beverly Kelly stated her understanding of the UDC was that any property within the City limits had to comply with the Code. Mr. Evans noted that is true with a platted subdivision, but this is not a platted subdivision. He then explained again the differences between the two. Mr. Evans then informed Mrs. Kelly that this property meets all of the requirements. Mr. Kelly apologized for his inappropriate behavior. He then stated that Mr. Evans had been referring to section 6, but Mr. Kelly had been referring to section 4, which does not talk about subdivisions, but zoning in general. The required zoning lot size is a minimum of 9,600-feet. Mr. Evans noted that zoning lot sizes is covered in section 6, permissible use is covered in section 4. Mr. Kelly then asked what the zoning of the property is right now (R-1 or R-4). He also asked if the City has adopted the SBC. Mr. Evans pointed out that the SBC is not related to Planning and Zoning, it is an Inspection Department issue. He noted that Planning and Zoning has nothing to do with construction plans. Chairman Richmond noted that the property is zoned as R-1 right now. Mr. Youngblood reiterated the fact that Mr. and Mrs. Kelly are trying to apply this Code for a platted subdivision to a piece of land that is not a platted subdivision. Mr. Kelly asked if public opinion has any bearing on the result of the decision. Mr. Evans noted that Planning and Zoning's decision is based on facts and requirements. 4 Chairman Richmond felt that some of the sections in article 6 are left open for questioning and confusion. He noted that both Mr. Palmer and Mr. Kelly have valid points in the matter. Mr. Palmer (Richard) noted the reason for the extra variance is because he did not realize that the wall height included the height of the roof. He thought that the wall height was sixteen feet and then he would be able to add the roof to that. Mr. Palmer (Gary) commented that Mr. Kelly also had to come to the board with a variance request to move his house over the easement. Mr. Palmer (Gary) noted that Mr. Kelly stated the UDC should not be violated, but yet he had come before the board with a violation on his home. Mrs. Kelly did not understand how the Commission could approve this request, based on the UDC. Chairman Richmond stated the comparison between platted subdivision and Mr. Kelly's property is like comparing apples to oranges. There are two sets of guidelines here, and you cannot make the requirements of a platted subdivision the same as another piece of property that is not a platted subdivision. Mrs. Briscoe commented that she sympathizes with both of the property owners and this is a very difficult situation for the Commission because they would like to accommodate everyone, but they simply can't do that. So the Commission is going to have to go with what they feel is the best interpretation of the UDC. Without further discussion Mr. Moreno moved to forward to the Board of Adjustment with a recommendation of approval on the request from Richard Palmer, located on 2 acres out of abstract, 245, survey Martin & Walker off of Crested Oak for a special exception to the zoning ordinance to exceed the required roof height of 16' to 22' for construction of a storage building. Mr. s Wallace seconded the motion. With a vote being taken the motion was approved with the following votes: AYES: Commissioners Richmond, Evans, Moreno, Wallace, Briscoe, and Sommers. OPPOSED: Commissioner Van Dine. A Board of Adjustment date is scheduled for October 22, 2001. #4 Consider and make recommendation: On a request from Janis L. Hofman, 1301 Arroyo Verde, block 1, lot 113, Arroyo Verde Subdivision for a special exception to the zoning ordinance for a rear yard setback from 20' to 7' (13' encroachment) for the addition of wood deck and open wood arbor. Mr. Youngblood stated that city staff has no objections or concerns. Mrs. Hofman has obtained permission from her HOA. There was some brief discussion about whether or not the utility easements would be affected. It was then determined that no utilities would be affected. Without further discussion Mr. Wallace moved to forward to the Board of Adjustment with a recommendation of approval on the request from Janis L. Hofman, 1301 Arroyo Verde, block 1, lot 113, Arroyo Verde Subdivision for a special exception to the zoning ordinance for a rear yard setback from 20' to 7' (13' encroachment) for the addition of wood deck and open wood arbor. Contingent upon the signed letter from the HOA. Mrs. Briscoe seconded the motion. With a vote being taken, the motion was approved. Board of Adjustment meeting scheduled for October 22, 2001 at 6:30pm. 6 #5 Consider and take appropriate action: On a request from Don McCrary & Associates for preliminary plat approval correcting lot 10, block 4 of Oak Trail Unit 2A. Mr. Youngblood explained that this request is to adjust the utility easement setback. Staff has no questions or concerns. Without further discussion, Mr. Van Dine moved to approve the request from Don McCrary & Associates for preliminary plat approval correcting lot 10, block 4 of Oak Trail Unit 2A. Mr. Moreno seconded the motion. With a vote being taken, the motion was approved. #6 Consider and take appropriate action: On a request from Don McCrary & Associates for preliminary plat approval correcting all 10' front setback easements being 38.625 acres previously platted as Jonas Woods Subdivision to 20' front building setback. Mr. Youngblood noted that the topo's are missing. Staff has no other concerns. Mr. Aiken explained that the reason for the request is so that there would not be any question that these houses cannot be built closer than twenty feet to the road, so that people are not blocking the sidewalks, while being parked in their driveways. He would like this to be another exception to the R-5 zoning. The Commission suggested that Mr. Aiken have his property labeled or marked, as being the property owner, so that Commissioners would know which property belongs to Mr. Aiken. Without further discussion, Mr. Moreno moved to approve the request from Don McCrary & Associates for preliminary plat approval correcting all 10' front setback easements being 38.625 acres previously platted as Jonas Woods Subdivision to 20' front building setback to include all topographical lines and all property owners indicated. Mr. Van Dine seconded the motion. With a vote being taken, the motion was approved. #7 Consider and Take Appropriate Action: On a request from Flores & Company Consulting Engineers for preliminary plat approval of Magdalena Pena Subdivision. Mr. Youngblood explained that the owner of the properly would like to divide the property into three tots. City staff has worked with them on the easements and the private driveway, which would accommodate emergency vehicles. Mr. Youngblood noted that staff had some concerns about the private drive, but Mrs. Pena stated she would take responsibility about the private drive, it would not be the responsibility of the City. Mr. Youngblood also noted that Mrs. Pena stated she would put the private drive issues in her deed restrictions. Mr. Youngblood stated she does not have to, but he wanted to go on the record that she offered, without staff persuasion. Mr. Flores reiterated Mr. Youngblood comments and added that Mr. Youngblood had made a suggestion that a note be placed on the plat stating what Mrs. Pena offer. Mr. Evans noted it would be required to have the note on the plat. Mr. Evans stated that they are asking for a floating easement, the plat does not designate where the easements exist for the utilities. Mr. Evans noted that he is not in favor of this. Mr. Flores agreed to check into and take care of it. He agreed to take the notes off as well. Without further discussion, Mr. Van Dine moved to approve the request from Flores & Company Consulting Engineers for preliminary plat approval of Magdalena Pena Subdivision, contingent upon the removal of the GVEC notes from the preliminary plat having to do with the floating easement, that the s easements be clearly marked, and adding a note that the private drive that maintenance will be provided by the residents. Mr. Wallace seconded the motion. With a vote being taken, the motion was approved. #8 Consider and Take. Appropriate Action: on a request from Don McCrary & Associates for preliminary plat approval of Wynn Brook Subdivision Unit 2. Mr. Youngblood stated that the topographical lines are missing and the legend does not correspond to the plat. Mr. Aiken stated the topographical lines are included, they are just not numbered. He then asked what is the problem with the legend. Mr. Youngblood explained that the legend states 20' BSL but the plat says 10' BSL. Mr. Aiken explained that this unit is R-5 zoning as the previous unit 1, which has stated the same 10' setback: He stated that he would get with Pulte Homes to agree to the setback and submit unit one {finalized) and change those lots to 20' setbacks. Commission also asked Mr. Aiken to look into the one-foot non-access easement on the other side of the plat. Mr. Aiken agreed to do so. Without further discussion, Mr. Wallace moved to approve the request from Don McCrary & Associates for preliminary plat approval of Wynn Brook Subdivision Unit 2. Mr. Moreno seconded the motion. With a vote being taken, the motion was approved. #9 Consider and Take Appropriate Action: On a request from Don McCrary & Associates for preliminary plat approval of Sims Jones Subdivision on FM 482. 9 Mr. Youngblood noted the only concern that staff has this that the plat lacks definition on ingress and egress. He reported that city utilities are not provided at this time, it will be septic (from Comal County). The Commission asked if these are home sites. Don McCrary replied that the lots are to be one-acre home sites. There was also question about existing easements. Mr. McCrary explained that there is a thirty-foot existing easement. Mr. Evans suggested that Mr. McCrary submit the plat for the part of property (as it exists right now) and then re-plat the large portion to eliminate the easements (they are not needed on the new plat because it will sub-divided}. Mr. Moreno noted the ingress and egresses for the road (or drive) need to be shown. Mr. Evans asked about the fifty-foot drainage easement and if Mr. McCrary plans on eliminating it. Mr. McCrary explained that once the preliminary plat is finished, they are going to do some drainage studies in the area, and noted that there are no current FEMA studies that have been done. In brief disussion, it was the Commission's consensus that the city staff get with the engineering firm to address these issues and be ready to resubmit at a later time. Without further discussion, Mrs. Briscoe moved to disapprove the request from Don McCrary & Associates for preliminary plat approval of Sims Jones Subdivision on FM 482. Mr. Wallace seconded the motion. With a vote being taken, the motion was approved. io #10 Consider and make recommendation: On reappointment of Commissioners: David Richmond and Gary Wallace. In brief discussion, both David Richmond and Gary Wallace agreed to continue as Commissioner. The Commission had no problem with either decision. Without further discussion, Joyce Briscoe moved to forward recommending approval to City Council the reappointment of Commissioners: David Richmond and Gary Wallace. Mr. Moreno seconded the motion. With a vote being taken, the motion was approved. #11 Items by Commissioner and City Planner: DavidRichmond: • Discussed the joint meeting of October 10, 2001 between City Council and Planning and Zoning Commission. It was suggested to have one every six months, making the next one for March of 2002. Some of the issues that were discussed were the Elbel Rd./FM78/FM3009 project and school projects. Ron Younblood: • Ron thanked Chairman Richmond and Mr. Evans comments regarding the UDC at the joint meeting.. Tony Moreno: Tony stated he was disappointed for not being able to attend the joint meeting. 11 Joyce Briscoe: • Joyce commented on new sign on Elbel Rd. that states "Future home of Felix's Restaurant. • Joyce suggested Planning and Zoning needs to look for another location for meetings, it's getting too crowded. It was suggested that Planning and Zoning could meet in Council Chambers if the room were available. Staff agreed to check into it. Ernie Evans: • Ernie reminded everyone about the APA Conference Oct 24 -27, 2001. Chairman Richmond reminded everyone about the joint meeting with the Steering Committee and the Board of Adjustment on October 29, 2001. #12 Adjournment: Without further discussion, Mr. Van Dine moved to adjourn. Mr. Moreno seconded the motion. The meeting was adjourned at 9:15pm. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City of Schertz 12