12-12-1995 k
PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in regr,lar
session on Tuesday, December 12, 1995 at 7:00 p.m. in the
Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz,
Texas. Those present were as follows:
PLANNING & ZONING COMMISSION CITY STAFF
PIA JARMAN, CHAIRWOMAN STEVE SIMONSON,
DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER
MERWIN WILLMAN, SECRETARY DENISE GRANGER,
TONY MORENO PLANNING SECRETARY
ERNIE EVANS
GARY WALLACE
KEN GREENWALD, COUNCILMAN
MEMBERS ABSENT OTHERS PRESENT
KEITH VAN DINE (WORK RELATED) Ernie & Debbie Freeland
1504 Red Cedar Cove
Joe Veytia,
Veytia Partners Ltd.
Mike Chauret,
Peco Construction
Klaus Weiswurn,
ITM, Inc.
Jacqueline Nolan,
• Remax
Abe Gonzales,
S G & A Engineers
Alex Pena
Rayco
~1 CALL TO ORDER
Chairwoman Pia Jarman called the December 12, 1995 regular meeting
to order at 7:00 p.m.
#2 APPROVAL OF MINUTES:
Regular Session November 28, 1995.
Merwin Willman moved to approve the November 28, 1995 Regular
Session minutes. Tony Moreno seconded the motion which carried as
follows:.
AYES: Pia Jarman, Merwin Willman, Ernie Evans, Tony Moreno.
NAYS: None
ABSTENTION: David Richmond, Gary Wallace (Absent at said meeting)
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#3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS:
There were none.
#4 CONSIDER AND TAKE APPROPRIATE ACTION: The Zoning Extension
for 8.61 Acres on Elbel and Schertz Parkway.
(Original Request from Joe Veytia)
Steve Simonson stated that there is no input at this time. This is
a request for a second extension for the zoning of this property.
Pia Jarman mentioned that the first extension request from Mr.
Veytia expired November 23, 1995. zoning.
Joe Veytia commented that the original zoning of the property was
NS (Neighborhood Service). It was rezoned to R-4 Apartment/Multi-
Family. Several applications have been made for financing for the
multi-family residential through private sources. The private
sources at this time feel it is a little bit too early to do
multi-family at this location. For that reason an application has
been made to the HUD/FHA program which is a non-rent, non-income
restricted apartment financing program. It takes about 6 months
more possibly for their decision, so it is requested the zoning for
this property be extended another 6 months. There are three steps
in the process with the HUD program. Joe Veytia stated he felt the
zoning on this property should stay R-4 as there would be no use
for the NS.
Pia Jarman asked about the three step process. Joe Veytia advised
that the first step is to perform a market study which is submitted
and the government agency determines if you have enough market in
demand to warrant a further consideration. The second step is to
do a site plan that the agency feels would be warranted. At the
point that the site plan is approved, you have a guarantee that the
loan is acknowledged. You also have to submit construction plans
that meet the approval of the local jurisdiction. Once this has
happened then we will be making applications to the City for a site
plan approval and other requirements by the City.
Ernie Evans asked if Joe Veytia can project when the site plan
may be ready to come before the Commission? Joe Veytia stated this
is the Federal Government that is doing the process. It takes
anywhere from a year to a year and a half. Hopefully at this point
we are within a 6 month period.
Steve Simonson mentioned that the Commission can extend as long and
as many times as they wish.
Merwin Willman commented that working with the Federal Government
takes time and Merwin feels that the property should stay with the
R-4 zoning.
David Richmond moved to extend the request from Joe Veytia for 8.61
acres on Elbel Road and Schertz Parkway for another six (6) months
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to allow Mr. Veytia to pursue both public and private financing
options. Merwin Willman seconded the motion which carried with a
unanimous vote.
#5 CONSIDER AND MAKE RECOMMENDATION: Request from Ron Wood,
1504 Red Cedar Cove to construct a U-Shaped
Driveway. (BOA #68)
Steve Simonson stated as he mentioned in the Commissioners' notes
in the past the staff has made judgements about single driveways or
double driveways based upon lot size, traffic patterns, etc. Since
this pattern is continuing outside of Greenshire Oaks into the rest
of Greenshire and depending on the shape of the lot there may be
more requests for this type of driveway. There needs to be some
type of recommendation of minimum lot width or frontage decided
upon by the BOA as guidelines to follow. Most of the double cuts
are in the 75' - 80' lot size. Steve's concern is if someone were
to come in that lives on a cul-de-sac with a 66' lot wanting also a
large curb cut. Steve stated he would like the Commission to make
a recommendation to the BOA for some standards to follow
particularly on lot width. Also where the driveways would be
allowed.
Merwin Willman requested that the paragraph out of the code of
ordinances on curb cuts for driveways-residental property be read
aloud.
Steve Simonson read Sec 16-35 in the code of ordinance. "Curb cuts
for residential driveway aprons shall be not less than ten (10)
feet in width, and not more than twelve (12) feet in width for a
single driveway apron, nor more than twenty-four (24) feet in width
for a double driveway apron. Curb cuts will be permitted only for
driveway aprons providing access to a garage, carport or handstand.
Not more than one curb cut will be permitted for each residential
parcel of land". (Ord. No. 255, s 5, 4-13-72).
Steve Simonson stated that in the past with the various shapes of
lots and the widths two curb cuts were allowed but again knowing,
what the ordinance states, it would be good for the official bodies
of the City e.i. the Planning and Zoning or BOA to make some type
of ruling for this type of action. One of the rationales could be
on a short street, large lot and not a high speed road such cuts
could be allowed.
Merwin Willman commented that this type of request on curb cuts is
handled by the City Council and the City Manager. This would be a
new area for the Planning and Zoning Commission if we were to have
to make the decision.
Pia Jarman reiterated that tonight the Commission is making a
recommendation to the BOA and the request will be treated as a
variance. Steve Simonson advised that is correct and to give some
guidelines for BOA to follow. Steve stated that he would like to
request to the City Council the next time there is a change to the
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Code of Ordinance that they so state to the effect on this section
that, there be some exceptions depending on the lot size and
location etc.
Merwin Willman mentioned there should be some type of limitation on
the frontage. Tony commented that could be done by limiting the
width of the lot.
Ernie Freeland advised that they have a two car garage on one side
with a driveway going up to it. Taking off of that, going to the
other side of the lot in front of the house, there will be a single
wide driveway that would make a U-shape drive in the front.
David Richmond stated that there are a couple of circular drives
out in Greenshire Oaks. David is not a fan for a lot of concrete.
With a lot of concrete this limits the green area in the front of
the property. The houses that have the double cuts in Greenshire
Oaks are on corner lots and addresses a different matter because of
the way the house is on the lot. This is an interesting one as it
is in the middle of the street with on going construction with
houses being built on that side in five of the six lots. David
stated he would have a lot of concern on changing the ordinance.
To permit this he would feel alot better addressing this type of
request by accepting and dealing with the variances as proposed.
With the number of 80' lots that are in the already platted
Greenshire and the potential for more in the unplatted areas, we
could open ourselves on the size of the lot with slot more for this
type of request. David would like this type of request to be
handled on a special case and evaluate each one as it merits.
Steve Simonson commented that he has no problem with each request
coming before the Commission for control purposes.
Pia Jarman commented that if the requests are to be handled case by
case as a variance, what if two neighbors want one. And one comes
in and says "he has one I want one too." Will the Commission go
ahead and approve it?
Tony Moreno stated that with this variance we are saying that this
particular size lot can take the cut. If someone else would like
to have this type of cut and has the same size lot, how could we
not give the variance. Even if it was the whole street that wanted
double cuts?
Gary Wallace questioned the relevance of the traffic flow which was
mentioned along with frontage. Steve Simonson advised if this
property was fronting on a very traveled through road, it would be
a different situation. You would have a vehicle exiting at two
points in a given lot and it would be a guessing game. Ina side
street of this nature where there is a potential for very small
amounts of traffic, it is a different situation.
Merwin Willman moved to recommend for approval this request from
Ron Wood, 1504 Red Cedar Cove to construct a U-shaped driveway to
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the BOA and request that the BOA send comments back to the Planning
and Zoning Commission on what they consider as a recommendation on
this type of request. Tony Moreno seconded the motion which
carried as follows:
AYES: Merwin Willman, Tony Moreno, Gary Wallace
NAYS: Pia Jarman, David Richmond, Ernie Evans
ABSTENTION: None.
Pia Jarman advised that there is a tie and the Commission will need
to think about the request and rephrase as there are only six (6)
members present. The Commission had a few minutes to review.
David Richmond asked if this house is being built for some
prospective owners?
Ernie Freeland advised that he is the owner. Mr. Wood could not
make the meeting. Debbie Freeland stated that they are planning
very extensive landscaping in front of the house so that it is very
beautiful. "This will be our home." David Freeland mentioned that
he disagrees with the Commission that U-shaped driveways are not
attractive. U-shaped driveways are very attractive with the proper
foliage out front.
Gary Wallace commented that even with the flow of traffic you would
be facing the flow of traffic and not backing out.
Debbie Freeland advised that the other three houses that are being
built currently have only the single driveway. They are already
under construction. "We would be the only U-shaped driveway. On
that street there are only 2 more lots left that are empty."
Merwin Willman moved to recommend approval for the request from Ron
Wood, 1504 Red Cedar Cove to construct a U-shaped driveway to the
BOA and request for the BOA for their comments on how this type of
request should be handled and such comments be returned to the
Planning and Zoning Commission. Tony Moreno seconded the motion
which carried as follows:
AYES: Pia Jarman, David Richmond, Merwin Willman, Gary Wallace,
Tony Moreno.
NAYS: None.
ABSTENTION: Ernie Evans.
~6 CONSIDER AND TARE APPROPRIATE ACTION: Request from Peco
Construction for ITM, Inc. for Site Plan Approval
(PC #251-95)
Steve Simonson stated attached to the site plan is a copy of the
Tri-County Business Park plat showing the location of this lot.
The white lot adjacent is the Keebler building. There also is a
location map showing where the building will be, even though it is
not on the site plan. There are the notes showing where the lights
will be and the sign will be on the building. Peco Construction is
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the same people that built Alamo Holly. Steve Simonson showed a
copy of the building. It will be brick with glass block frontage,
all masonry. Steve Simonson advised this a platted existing lot
with all the utilities in place so the only requirement is a site
plan and they will furnish the construction plans to the inspection
department.
Merwin Willman advised that there is no indication for handicap
parking; the waste container is not noted. Is the covered parking
for the employees?
Mike Chauret stated that the handicap parking is in front of the
building, the waste container is in the back and the covered
parking is for the employees. The building set back is 60' and
there will be nice landscaping.
Ken Greenwald asked what type of machine shop will this be? Klaus
Weiswurn stated it is a precision machine shop, custom equipment.
Tony Moreno moved to approve the site plan from Peco Construction
for ITM, Inc. Gary Wallace seconded the motion which carried as
follows:
AYES: Tony Moreno, Gary Wallace
NAYS: Pia Jarman, David Richmond, Merwin Willman, Ernie Evans.
ABSTENTION: None.
Merwin Willman stated the reason he has voted "no" is because the
Commission agreed a few meetings back that a final plat would have
to be complete before it would be approved.
Klaus Weiswurn asked if the Commission would accept the final plat
if he put in diagrams of the handicap and trash receptacle
locations and dated it on the plat now and then brought a revised
one in for the record. Klaus Weiswurn advised that there are
contracts that have to be met and having to wait until the next
meeting will be too long of a time and that they were not aware of
the above.
The Chair approved on the spot corrections provided that the
corrected final plat be submitted to City Staff. Mr. Weiswurn
made the necessary corrections, dated and initialed Steve
Simonson's copy. This corrected copy was shown to all the
Commissioners.
Tony Moreno moved to approve the site plan as corrected from Peco
Construction for ITM, Inc. Gary Wallace seconded the motion which
carried with a unanimous vote.
#7 CONSIDER AND TAKE APPROPRIATE ACTION: Request from S G & A,
For Remax Subdivision. (PC #252-95)
A. Preliminary and Final
Plat Approval
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B. Site Plan
A. Preliminary and Final Plat Approval:
Steve Simonson stated that this lot is adjacent to the La Pasadita
in front of the IH 35 access road, in front of Mobile Villa the
three lots that were never platted. All utilities are in, the 100
year flood plan which is stated, the location map is shown and the
statement from CPS.
Pia Jarman advised that the date for the flood plain is correct but
the letter should be "D" not "C".
Merwin Willman commented on item "n" on the check list primary
control points or description of control points to which all
dimensions, angels, bearings, block numbers and similar data shall
be referred. Where is the control point?
Steve Simonson stated what is shown is a square lot showing the
dimensions, the degrees and measurements. They have not put metes
and bounds which are not required when it is done in this fashion.
The streets and ROW's are already established.
Pia Jarman questioned the specifications required on a final plat.
Steve Simonson advised the owners' signature is not on the plat at
this time but on the final plat it will be there.
Merwin Willman moved to approve the request from S G & A for Remax
Subdivision for the preliminary plat. David Richmond seconded the
motion which carried with a unanimous vote.
The final plat lacked many of the necessary items on the checklist.
Merwin Willman moved to disapprove the final plat for Remax
Subdivision. Ernie Evans seconded the motion which carried with a
unanimous vote.
B. Site Plan:
Steve Simonson stated there is a copy of the site plan and the
proposed sign. This site plan shows where the exterior lighting
will be located, the dumpster location, and the handicap parking
are all clearly marked. The ingress and egress being on Cabana,
Irolia, and IH 35 frontage. This is a two story building and Alex
Pena has brought a pictorial depiction of the proposed building for
everyone's view. The size of the sign is well within our
requirements.
Gary Wallace asked if there is anticipation of any antagonisur from
the mobile home park? Steve Simonson advised that the Commission
would not be contacted but the City Manager or Steve probably
would. This is fully authorized by our ordinance. They do have to
have a wooden fence separating it from the mobile home park, which
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is clearly marked on the site plan.
Merwin Willman asked why the handicap parking is not in front of
the building?
Abe Gonzales advised this is how the design was made. The handicap
parking is only two spaces from the front door. There will a
concrete ramp and all the specifications follow the ordinance where
the parking spots are located.
David Richmond commented that this is an excellent site plan and he
appreciates the drawing. It is a very well designed building and a
very good addition to the City.
Ernie Evans asked when we approve the site plan, are we also
approving the sign? Steve Simonson advised-that yes the sign is
part of the request.
Merwin Willman moved to approve the request from S G & A for Remax
Subdivision for the site plan including the sign. Ernie Evans
seconded the motion which carried with a unanimous vote.
~8 CONSIDER AND DISCUSS: Future Growth
Steve Simonson passed out information on the current state laws on
annexation.
Steve Simonson mentioned the information states how much of a
percentage can be annexed. If there are no curb and gutters or
things that are not another part of your City you do not have to
bring that part up to City standards. We do have to provide the
major services such as Fire, Police, and EMS, and taking care of
the roads, signage. You have to start taking care of the area
within 60 days. You also must have a service plan and you can not
take anything away that they may already have.
Ernie Evans questioned the percentage of area in section "B" and
how much can you carry over from year to year. Steve Simonson
advised he would have to check with the engineers on what
percentage is in section "B". You can carry over as much as you
want but you can not go past 30~ of your total square mileage.
The Commission discused at this time what areas they felt should be
annexed first, second, third etc. Pia Jarman, Ernie Evans, and
Merwin Willman will provide the recommendation to the City Council
for the new year 1996.
#9 GENERAL DISCUSSION:
Pia Jarman:
Pia Jarman welcomed Gary Wallace to the Commission.
Pia Jarman mentioned with a new Commissioner on board, it is a good
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time to remind ourselves the importance of the minutes. There are
times we go back and reread something we did or said two years ago,
thinking we remember something and it is not there. That is a
little too long to wait. So if we read the minutes right away and
if there is something missing bring it to our attention so it can
be included. The minutes belong to the Planning and Zoning
Commission. Everyone is requested to especially read the sections
of the minutes where they have spoken.
Pia Jarman wished everyone a very Merry Christmas and a Happy and
safe holiday.
Tonv Moreno•
Tony Moreno stated he had no comments.
Garv Wallace•
Gary Wallace stated he had no comments.
Ernie Evans•
Ernie Evans stated he had no comments.
Merwin Willman•
Merwin Willman commented on the letter from Lee Boswell requesting
the City dedicate either a building, street or something in
remembrance of Bob Andrews. Merwin felt that a recommendation
should be made to the Council on Bob Andrews behalf.
Pia Jarman stated that the Commission could think about this and at
the meeting in January come up with an idea and at that time make a
recommendation to City Council.
David Richmond:
David Richmond wished everyone a very Merry Christmas and a safe
holiday.
Councilman Ken Greenwald:
Ken Greenwald wished everyone a Happy Holiday and welcomed Gary
Wallace. Also everyone uses acronyms but you need to spell things
out every once in awhile. Pia Jarman agreed, saying "Yes, say
Board of Adjustment instead of just BOA."
Steve Simonson:
Steve Simonson mentioned that Gary Wallace had taken the tour. On
the tour there was a problem with a flat tire and Gary started to
help change the tire when a couple of the City workers happened to
pass by and changed the tire. "Gary is a real trooper."
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Steve Simonson stated in Live Oak Hills there is another group Four
Star Group, trying to get money from people. They have no address
just a P.O.Box.
Steve Simonson advised there is some discussion from citizens in
Lone Oak about the water that is accumulating on FM 78 at the
entrance. The highway department has been notified and they have
advised that when FM 78 is widened then they will fix the flooding.
Steve Simonson commented that the citizens in Shermerville and the
Post Office are working on making that whole area a Schertz post
office box number area.
Steve Simonson passed out information on the proposed routes and
options for the new transmission lines for GVEC and CPS power lines
from the Live Oak Hills substation.
Steve wished everyone a Merry Christmas and Happy Holidays.
#10 ADJOURNMENT:
Gary Wallace moved to adjourn the meeting. Tony Moreno seconded
the motion, which carried with a unanimous vote.
Chairwoman Pia Jarman adjourned the meeting at 9:00 p.m.
The next regularly scheduled meeting is January 1996.
Chairw man, Planning and Zoning Commission
A TEST:
P1 nning S retary /
City of Schertz, Texas
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