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09-12-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, September 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 KEITH VAN DINE ERNIE EVANS KEN GREENWALD, COUNCILMAN MEMBERS ABSENT OTHERS PRESENT BOB ANDREWS (MEDICAL) M.D. Fisher, Midtex Oil, Texaco J. A. Politza, 1528 Circle Oak Rodney McDaniel, 2708 Lockwood Lane Dan Kossl, Pulte Homes M.W. Cude, Engineers #1 CALL TO ORDER Chairwoman Pia Jarman called the September 12, 1995 meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Regular Session August 22, 1995. Merwin Willman moved to approve the August 22, 1995 Regular Session minutes. Ernie Evans seconded the motion which carried with a unanimous vote. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. #4 CONSIDER AND MAKE OECOMMENDATION: Request from Joseph Politza, 1528 Circle Oak, for a Special Exception request for a side yard variance to construct a patio cover on the side of his residence. (BOA #66) Steve Simonson advised that Mr. Politza was asked to bring a letter from GVEC stating that they would not be needing the five (5) foot electrical easement. This is a straight forward request within a zero lot line area of Oak Forest (garden homes area). This request is for a patio cover with the concrete pad already existing. Steve Simonson asked Mr. Politza if he had the letter from GVEC. At this time Mr. Politza presented Mr. Simonson with the letter from GVEC. Steve Simonson advised the letter from GVEC states that there is no telephone, cable, or electricity within the five foot easement nor does GVEC need the easement. Tony Moreno questioned if the patio is a free standing structure or will the cover be attached to the residence. Bruce Friesenhahn, the contractor, advised it will be a free standing structure which will be of wood construction that can be removed at any time if the easement will need to be used. It will be attached to the concrete patio with galvanized posts. Tony Moreno moved to recommend to the BOA approval for the Special Exception request from Joseph Politza, 1528 Circle Oak, for a side yard variance to construct a patio cover on the side of his residence. David Richmond seconded the motion which carried with a unanimous vote. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Rodney McDaniel, 2708 Lockwood Lane, for a Special Exception request for a side yard variance to build a patio and walkway on the side of his residence. (BOA #67) Steve Simonson asked Rodney McDaniel if the request is for a patio cover to extended over the property line or if the concrete sidewalk is the request. Rodney McDaniel advised that he is requesting a concrete sidewalk along side of the property line with no extension of any type of cover. The patio has already been approved. The request was to extend the walkway all the way along the side of the residence. Steve Simonson stated there has been a misunderstanding. If there is no structure going into the property line then Mr. McDaniel will not need a variance. Chairwoman Pia Jarman advised that this action does not need a recommendation to the BOA because there is no structure going into the property line. Pia Jarman, as well as Vice Chairman David Richmond apologized for any inconvenience caused. Mr. Simonson stated that Mr. McDaniel will receive a refund for the variance fee. Mr. McDaniel will need to get the appropriate building permit to extend the concrete sidewalk from the inspection department. -2- #6 CONSIDER AND TARE APPROPRIATE ACTION: Request from Midtex Oil, for Revised Site Plan Approval for Texaco Star II. (PC 216-94) Steve Simonson mentioned that they have listed the names of the plants that will be used in the green areas. Midtex Oil has advised they will be using the same type of signs that have already been originally approved for the Texaco. The only change will be the canopy which is slightly larger than what Texaco had designed and the car wash has been moved to a different location on the property due to plans for a future express lube. Merwin Willman questioned if this was still going to be Texaco. Steve Simonson advised it will still be Texaco but it has been franchised. Pia Jarman mentioned that in the original approval there was to be a berm with a sign. Will they still be doing this? Steve Simonson stated that the sign cannot be any higher than regulation height. If they do not want to berm it then they will need to flatten it down. Mr. Fisher stated he would like to berm the sign as a monument sign, the way it had been approved. Steve Simonson advised that it was approved as a standard monument sign on a 5' green berm integrated into the green area. Merwin Willman moved to approve the site plan request from Midtex Oil for Texaco Star II. Keith Van Dine seconded the motion which carried with a unanimous vote. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Request from M.W. Cude Engineers, for Preliminary and Final Plat Approval for Woodland Oaks Unit 6-A. (PC#245-95) Steve Simonson explained that the plat has been brought back to the Commission with all of the items requested to be put on in place. The detailed sheet is on the 2nd sheet. The area needing to be replatted has to do with the drainage. The typical setback lines have been added. Page 1 has to do with item #9 on the agenda having to do with the side yard setbacks. If item #9 is approved page 1 will need to be revised on the set back detail. Merwin Willman questioned if this unit will butt up against Ashley Place and will the 18' easement along the side of Unit 6 that goes to the retention pond also include the drainage for Ashley Place. Steve Simonson stated that Unit 6 will butt up against Ashley Place. Ashley Place will be putting in their own drainage which will be handled from Cove Trail to west of Schertz Parkway where there will be a channel. Ashley Place is designing and will have their own retention pond placed on their property. They will be -3- using some of the 18' easement though. The big drainage will be handled differently. Tony Moreno commented on the area being replatted. The part that is stating the variable width which is on the drainage. What is that in reference to? M. W. Cude advised that is in reference to the channel which has to do with the different sizes that go down to the retention pond. Pia Jarman mentioned assuming item #9 is approved the typical setback lines in the middle of the page will need to be changed. Will this cause them to have to come back for another final approval? Steve Simonson advised approval can be given with the change being made when the mylars are brought in for recordation if item #9 is approved. Tony Moreno moved to approve the request from M.W. Cude, Engineers for preliminary and final plat for Woodland Oaks Unit 6-A. Merwin Willman seconded the motion which carried with a unanimous vote. #8 CONSIDER AND TARE APPROPRIATE ACTION: Request from M.W. Cude Engineers, for Preliminary and Final Plat Approval for Woodland Oaks Unit 10. (PC#246-95) Steve Simonson explained that this is a very straight forward plat. The drainage situation has nothing to do with this plat. The zoning for the area has been approved with there still being commercial zoning around the property. All the changes required have been corrected. Ernie Evans commented this is the plat on which there was a discussion on the access of utilities for lot 46. Steve Simonson explained the electrical is already in the 12' existing easement on the left side of the property. This is where lot 46 will receive the utilities. Because of the open drainage ditch it had to come from lot 47 and lot 48. Merwin Willman moved to approve the request from M.W. Cude Engineers, for preliminary and final plat for Woodland Oaks Unit 10. Tony Moreno seconded the motion which carried with a unanimous vote. #9 CONSIDER AND TARE APPROPRIATE ACTION: Request from Pulte Homes for Side Yard Setback Variance for Woodland Oaks, Unit 5, Unit 6, and Unit 10. (PC#248-95) Steve Simonson mentioned in Unit 5-A and the future Unit 5-B they are requesting permission to place a garage within five (5) feet of the rear lot line. At this time Steve Simonson distributed pictures of homes being built in the San Antonio area with rear -4- detached garages. This is not a new issue for the City of Schertz. In an older section of the City there are detached garages. The utilities will be placed in the front yards placing the garages in the back will not be a problem. There will need to be a variance from the Commission to be able to accommodate this request. Steve Simonson commented that the garage is not considered an accessory building, which is allowed to be placed in the back yard. Ernie Evans asked if this is a proposal for all of the lots. Steve Simonson advised only in Unit 5-A and Unit 5-B. There are two requests one for 5' building setback on each side yard for Units 5 & 6, and the request for 5' rear building set back for garages is for Unit 5 only. Pia Jarman mentioned that in the letter from Pulte Homes they state that the 15' separation between buildings will be maintained. Steve Simonson stated this 15' separation does include the garages. Steve Simonson mentioned in Woodland Oaks moving directly into a wooded area, it gives some flexibility. The key is to maintain the 15' between buildings including the detached garages. The motion will need to allow a building to move within the 5 foot side yard set back but must maintain 15' between buildings. In Unit 5 the lots have 65'frontage. Councilman Ken Greenwald commented you must maintain at least 15' between structures. Dan Kossl explained if the Commission is in favor of this request in Unit 10 where the model homes will be displayed, one of the models would be with a detached garage. Steve Simonson stated if that is what they want then it would need to be in the motion to that effect. Merwin Willman commented the request is for the detached garages for Unit 5 only. The garages will also have to be 5' from the side yard setback. Keith Van Dine questioned if there is a difference between "structures" and "garages". Steve Simonson advised in this context a structure means all major buildings put up at the time the house is being built. David Richmond said in the plans it states a structure would be built as a brick and frame garage, brick and wood garage, the houses would be the same with the residence matching the garages but not exactly a masonry structure. Tony Moreno moved to allow the 5' side yard variance to structures in Units 5, 6 and 10 of Woodland Oaks Subdivision maintaining a minimum aggregate of 15' between structures. Keith Van Dine seconded the motion which carried with a unanimous vote. -5- Merwin Willman moved to allow a variance, to allow detached garages to be placed within five (5') feet of the rear lot line, and five (5') feet variance on the side yard lot line, maintaining the required fifteen (15') feet separation between structures on adjacent lots in Woodland Oaks Subdivision Units 5 and 10. Ernie Evans seconded the motion which carried with a unanimous vote. #10 DISCUSSION: UDC REVIEW: (Time Permitting) The Commission reviewed pages 292 - 318 with changes being made at this time. #11 GENERAL DISCUSSION: Tony Moreno• Tony Moreno asked Steve Simonson if the completed UDC book would have back to back page format or single page. Steve Simonson advised the final document, to save paper and money, will be printed on both sides. Keith Van Dine: Keith Van Dine mentioned that there is a barn being built and a mobile home going up on Ware Seguin and Pfiel Road by his gate. Steve Simonson advised he would check into making sure they have permits. Ernie Evans• Ernie Evans thanked Steve Simonson for getting FM 3009 open. On the parkway there seems to be quite a few "for sale" signs going up. Ernie Evans questioned the fenced in graveled pad where they have power and telephone south of Ashley Place. Only 3 sides are fenced in. Are they going to finish it off it would be nice if they could put veneer slats in through the fencing to close it up to look nicer. Steve Simonson advised that it is the new Southwestern Bell fiberoptics station. They were required to get a building permit to put the pad in. As far as the slatting in to finish it off, Steve Simonson advised he will check into it. Merwin Willman• Merwin Willman mentioned the ballot for the APA president, treasurer, and secretary in the news letter. If everyone could get those in, please. David Richmond: David Richmond stated he had no comments. -6- Pia Jarman• Pia Jarman commented that Merwin Willman has often talked about how the minutes used to be 10 to 17 years ago, and how they have improved. At this time Pia Jarman commended Merwin Willman on the suggestion to track contingencies placed on approval actions and such action be put in the minutes. At the last meeting, all final documents signed off by the chairwoman and secretary during August were recorded in the minutes. She also commended and thanked Denise for putting in the Minutes "who is who" of attendees. In reading the Minutes, it is difficult to remember who Mr. "so and so" was, but now it states in the Minutes what organization, etc. Mr. "so and so" represented. This is another improvement in our minutes. Pia Jarman mentioned the travel for the Texas APA conference itinerary was received in everyone's packet with all of the hotel conformation numbers needed. Ernie Evans thanked Denise for all the FYI information in the packets. It is very informative and valuable. Councilman Ken Greenwald: Councilman Ken Greenwald stated the City Council is in the process of adding two alternates to the BOA which should be finalized next week. The zoning for the Neighborhood Service area has been approved and all should have received a copy. The middle school issue was on the agenda last Tuesday with 55 notices being sent out. Four (4) letters were received back with one (1) in favor and three (3) opposed, the other 51 people were present the night of the public hearing. The majority were against the rezoning due to property values, crime, traffic, and "not in my back yard" reasons. Merwin Willman stated 95~ of the questions that were asked should have been directed to the school board and not the City Council. Merwin Willman mentioned there was a citizen that made the comment with all the building of new houses the population of the City would be increasing and the City would need to start hiring paid Fireman and EMS personnel. Councilman Ken Greenwald mentioned the rationale that has been heard by citizens on Specific Use Permits (SPU) and rezonings for the last 15 years is that their property values are going to be brought down. Councilman Ken Greenwald commented the Mayor mentioned that "the same argument was heard when supposedly cheap houses were going in at Woodland Oaks from people in Deer Heaven". Councilman Ken Greenwald advised the SPU for the school district would be on the agenda next Tuesday night for a Public Hearing. Steve Simonson: Steve Simonson advised the pedestrian "walk/don't walk" signals have been placed at the corner of FM 3009 and Elbel Road. -7- #12 ADJOURNMENT: Merwin Willman moved to adjourn the meeting. David Richmond 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 September 26, 1995. r, Chai n, Planning and Zoning Commission City of Schertz, Texas ATTEST: Planning Secretary City of Schertz, Texas -g-