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05-23-2000 . . . PLANNING & ZONING MINUTES May 23, 2000 The Schertz Planning and Zoning Commission convened in a regular session on Tuesday May 23, 2000, 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 Tony Moreno Keith Van Dine Steve Simonson, Asst. City Manager/ Planning Coordinator Mary Ybarra, Recording Secretary William Sommers Joyce Briscoe Ken Greenwald, Ex-officio Commissioners Absent Others Present Ernie Evans (work related) Gary Wallace Jerry Powell, San Antonio, Tx Denise Hayes, 1000 Crimson Cove, Larry Hunt, 107 Commercial PI. Malford Ackerman, Kenneth Dagley, Larry Aiken, Don McCrary, Ollie Burkett, #1 Call to Order: In the absence of Chairman Evans, Vice-Chairman David Richmond called the meeting of May 23,2000 to order. 1 . . . #2 Regular session of April 25, 2000. Approval of Minutes: Vice-Chairman Richmond stated that the first order of business is the approval of minutes to the regular session of April 25, 2000. However, due to pages 9 through 11 not included, which deal with discussion by the Commission's recommended changes to the UDC, David suggested postponing the approval of minutes until such time that the pages can be provided for review at the next meeting. At this time, the Commission concurred with David's suggestion. #3 Status of Final Plats: David Richmond reported that final plats were as follows: Scrivener Corrections Oak Trail Subdivision Unit 1-lots 6,7,8,9 & 10, Oak Trail Subdivision Unit 2A. #4 BOA Actions: There was no report. #5 Citizen's Input Other Than Agenda Items: There were none. #6 Consider and Take Appropriate Action: Request from Doug & Denise Hayes, 1000 Crimson Cove, Dove Meadows for special exception to the zoning ordinance to encroach 7' into the 20' rear yard building setback. Steve Simonson stated that a letter from the Dove Meadows Community Improvement Association (HOA) is part of the packet, stating the review of the proposed variance and granting approval. Steve Simonson informed the Commission that the even though the request shows the deck to be 10' out, the actual protrusion in the yard, because of the way the home is angled would be 7'. 2 . Steve Simonson stated the actual reduction, is from 20' to 13'. There are no utilities at the rear and it would not encroach in either side yard. Also, part of the lot (side) backs up to the 180' drainage channel. With no further discussion, Keith Van Dine moved to forward recommending approval on the request from Doug & Denise Hayes, 1000 Crimson Cove, Dove Meadows for special exception to the zoning ordinance to encroach 7' into the 20' rear yard building setback. Joyce Briscoe seconded the motion. With a vote being called, the motion was approved. #7 Consider and Make Recommendation: Request from CDS/Muery Engineers for Preliminary/Final Plat approval of the Good Shepherd Catholic Church Subdivision. . Steve Simonson stated that the plat is a straightforward request of former school property, the AG farm. The property owners, signature block, signatures on plat, there is also dedication of extra street width. Joyce Briscoe stated that spelling of one of the property owners (Henry Gutierrez) is incorrect. Steve Simonson stated that these items would be corrected on the final document. With no further discussion, Tony Moreno moved to approve the request from CDS/Muery Engineers for Preliminary/Final Plat approval of the Good Shepherd Catholic Church Subdivision with corrections to be made on the mylars. Keith Van Dine seconded the motion. With a vote being called, the motion was approved. . 3 . . . #8 Consider and Take Appropriate Action: Request from K & L Properties for Site Plan Approval of the Schertz Business Park, Commercial Place. Steve Simonson stated that the request (site plan) has been presented to the Commission before. However, the development wasn't built. The original site plan called for two buildings however; this time around the request is for one building. Because of changes in the City ordinance, the site plan before Commission has hand written notes indicating the requirements that apply to the one building being developed. Steve Simonson commented that the fence at the front of the building would be wrought iron. Exterior lights, one at each end of the building are planned. Steve added that the development would plant the Live Oak trees that are required, which are 4 to 6" DBH across the front of property line. Steve concluded that there would be no dumpster on site and no sign on the building. With no further discussion, Tony Moreno moved to approve the request from K & L Properties for Site Plan Approval of the Schertz Business Park, Commercial Place. Keith Van Dine seconded the motion. With a vote being called, the motion was approved. #9 Consider and Take Appropriate Action: Request from Block Distributing Company for Preliminary Plat approval of the Tri-County Business & Industrial Park/Block Distributing at Tri-County Blvd.lDoerr Lane/Associate Drive. Steve Simonson stated that the request is presented on two sheets, the first sheet shows the original lot 17. This sheet indicates what was originally platted in the early 80's for Unit 4. The sheet indicates Doerr Lane and power lines, however through city resolutions and other pertinent documents these items have been removed. Steve Simonson commented that actually this document 4 . should be vacate and replat. The first sheet is showing what it is; second sheet shows what the lot will be. Steve Simonson stated that there are several corrections and comments he would like to mention that apply to the second sheet. 1. CPS easements are not shown, 2. Indicate, lot 18, block 1, and 3. Check Doerr Lane ROW of 60'. Steve Simonson stated that these issues would have to be part of the final document. . With no further discussion, Keith Van Dine moved to approve the request from Block Distributing Company for preliminary vacate and replat approval of the Tri- County Business & Industrial Park/Block Distributing at Tri-County Blvd.lDoerr Lane/Associate Drive, to include the corrections as discussed. Tony Moreno seconded the motion. With a vote being called, the motion was approved. #10 Consider and Take Appropriate Action: Request from Don McCrary & Associate for scrivener correction for Walgreens Subdivision Lot 2, Block 1, FM 3009. Steve Simonson stated that the issue before the Commission is a scrivener correction to the Walgreen Subdivision drainage easement area at the corner of Savannah Square and FM3009; the drainage easement is at an angle toward FM3009, and the property can not be used again. The document does not change the contours, outline of lots, utility layout or the use of the lot. In conclusion, Steve stated that all pertinent information is placed for a final plat document. . 5 . At this time, William Sommers stated he would have to abstain on any further action on this matter, due to a direct conflict. With no further discussion, Tony Moreno moved to approve the request from Don McCrary & Associate for scrivener correction for Walgreens Subdivision Lot 2, Block 1, FM 3009. Keith Van Dine seconded the motion. With a vote being called, the motion was as follows: Ayes: Tony Moreno, Keith Van Dine, David Richmond and Joyce Briscoe. Abstained: William Sommers. #11 Consider and Take Appropriate Action: Request Woods, Limited for Revised Master Plan and Proposed Tree approval of the Jonas Woods Development on Schertz Parkway. from Jonas Mitigation Plan . David Richmond stated that this issue was tabled at our last meeting and in order for the Commission to take action this item it will have to be taken off the table. However, at this time we will have staff input. Steve Simonson stated that at the direction of the Commission, the engineer, Don McCrary and Larry Aiken discussed at length the major issues that are confronting this subdivision in regard to tree mitigation. Steve explained that the major issue discussed was layout of streets, in relation to heritage and protected trees, and also what effects would be made to replant, building footprint of the home, and where there are no trees that the builder or home seller would be required to plant trees. How were these issues going to be address? Steve Simonson stated that in trying to address these issues the developer has come up with a document, where it explains percentages, and how the document would be put together. Also, part of the document includes typicals, showing . street right of way configured in certain ways that would enable saving tree. In 6 . conclusion, Steve added that the use of different lot layout, flip flopping sidewalks, and curving streets in order to meet the City's tree mitigation is the content of this document. Steve Simonson stated that he explained to the developer that the City has had fairly good luck with most other developers, however the Planning & Commission requested this type of document as reassurances that the developer would make every effort to save trees. Steve added that when actual platting of each unit is submitted the Commission would be able to see where heritage trees and protected trees are laid out enabling both the Commission and developer to aid one another if there are problems. As indicated on the Master Plan, Steve Simonson also mentioned that the developer has looked into re-planting some areas in the development. These were the items that were discussed and which were submitted to the Commission, stated Mr. Simonson. . At this time, Tony Moreno moved to take off the table the request from Jonas Woods, Limited for Revised Master Plan and Proposed Tree Mitigation Plan approval of the Jonas Woods Development on Schertz Parkway that was tabled on May 9,2000. Keith Van Dine seconded the motion. With a vote being called, the motion was approved. At this time, David Richmond stated that in his opinion the document is well thought out and well prepared. He acknowledges the effort by the developer in trying to explain many of the problems that are facing this development and that have faced other developers with similar problems within the City of Schertz. Larry Aiken stated that he understands the Commissions effort in trying not to set precedence when it comes to variances or changes that might come back to haunt you. However, Mr. Aiken believes that if you look around at other development that has done a good job at preserving trees, and the precedence . has been set and I believe its a good precedent. Mr. Aiken stated that "trees 7 . . . translates to money" and it's a win, win situation for everybody, starting with the homeowner, developer and the builder. William Sommers stated that he wanted to commend Mr. Aiken in the well thought out plan. However commented that he has some concern with a statement that is part of the document where it mentions; "In this situation it is believed that we will be able to submit pre affidavits of these sections and to rely upon builders to meet the three tree per lot landscape requirement. Mr. Sommers stated the statement bothers him, because he would like to rely upon what he is being told by the developer, Mr. Aiken. Mr. Aiken explained that the requirement would be part of the deed restriction; the homeowner would be bound to a minimum landscape package, either in the take down contract or the deed restriction. With no further discussion, William Sommers moved to approve the request from Jonas Woods, Limited for Revised Master Plan and Proposed Tree Mitigation Plan approval of the Jonas Woods Development on Schertz Parkway contingent upon a note on final plat to comply with three trees per lot as well as included in the declarations. Tony Moreno seconded the motion. At this time, Mr. Aiken mentioned that it is the intention of the developer during the dormant season to do some tree relocation to the area. Probably in the common areas, which would be separate from the builder's requirement, to do bag and ball trees. At this time, a vote was called and the motion was approved. #12 Consider and Take Appropriate Action: Request from Jonas Woods, Limited for relief of 50% Parkland fees in accordance to the (UDC) 8 . Unified Development Code, for the Jonas Woods Development on Schertz Parkway. David Richmond commented that this item was tabled at the last meeting and would have to be taken off the table for discussion. At this time, William Sommers moved to un-table agenda item #12, which was seconded by Keith Van Dine. With a vote being called, the motion was approved. Steve Simonson reminded the Commission that this request is authorized as part of the Unified Development Code (UDC), under Article XI - Section 32.15.1. This part of the ordinance specifically authorizes a 50% reduction in the requirement as long as the development provides sufficient park area for the development. . David Richmond stated that from the discussion this evening and from past discussion on the master plan the Commission has seen significant parkland and greenbelt space included as part of the development. At this time, Mr. Aiken commented that there are approximately 11 % acres included in the greenbelts, groves and park area. Mr. Aiken also briefly described what would be done in the park area, groves and green space. With no further discussion, Keith Van Dine moved to approve the request from Jonas Woods, Limited for relief of 50% Parkland fees in accordance to the (UDC) Unified Development Code, for the Jonas Woods Development on Schertz Parkway. Tony Moreno seconded the motion. With a vote being called, the motion was approved. #13 Consider and Take Appropriate Action: Request from Larry L. Aiken for Master Plan and Proposed Tree Mitigation Plan Approval of the Besch . Property on Green Valley Road. 9 . Steve Simonson stated that the request has been submitted formerly since the last meeting. Take note that one section of the development would exit onto Green Valley Road, which is the heavily treed section adjacent to the estate lots. This section would be set up as R-1 area. Steve Simonson added that the plan shows the different lot layout requested. It also shows two exits for the majority of all of the lots into the Cibolo subdivision, and one road connecting into Arroyo Verde Subdivision. This is specifically a master plan, conception plan that would have to have some rezoning. The existing zoning is R-1 and R-4, and a majority of the property would have to be rezoned to R-2 and R-5 configuration. Steve Simonson stated that from a staff point of view that until a connection to Arroyo Verde is confirmed, staff would have to recommend against the request. This is due to the City of Schertz public safety and public works personnel having to drive out of the City to drive back into the subdivision, which the city will not do. However, the request is part of the master plan at this time and from staff point of view, the request is before the Commission for discussion. . Mr. Aiken stated that in regard to the connection at Arroyo Verde and conversation with Dick Strom, head of Pulte Homes. It was decided to hold (off the market) three lots at the connection of Arroyo Verde until it is determined if the plan is feasible, for the developer, builder and the community. Mr. Aiken stated that he doesn't know if this plan is the ultimate solution. He believes the true ultimate solution is to fix Green Valley Road. However, the question is how do we fix Green Valley Road without burdening this tract with the entire expensive. Mr. Aiken stated that his not sure this is a perfect plan. Mr. Aiken stated that he believes his plan is as good solution for the time being. However, is it the perfect solution, because we are back to how do we fix Green Valley Road? If we fix Green Valley Road, we fix everything. . Mr. Aiken stated that he believes he has come up with the best plausible prospect, including picking up an additional tract of land for the purpose of a secondary exit. Mr. Aiken stated that the holds on the three lots by Mr. Strom are 10 . only until a viable solution is reached if it can. If a viable solution were reached, Mr. Strom would replat these three lots. However, Mr. Aiken stated that both he and Mr. Strom aren't sure this is the ultimate solution. Mr.Aiken concluded that the ultimate solution would be to fix Green Valley Road, but how are we going to do it? Joyce Briscoe commented that she was out of the city for the last bond election, did the bond election include any roads, and Joyce was advised the bond election did not include any roads. Joyce asked is there were any way the city could pick up part of the expenses. She believes the problem needs to be solved however, we keep putting the problem off. Mr. Aiken stated that past developers avoided an outlet onto Green Valley Road to avoid the problem. Mr. Aiken stated that his development is a great plan but also avoids the outlet onto Green Valley Road. Avoiding the problem does not fix . the problem, and I don't have the answers to fix it. Mr. Aiken mentioned that in the past he recalls working in different city's where one-time assessment fees were used. He suggested this might be something that the City of Schertz could look into. Joyce Briscoe commented that she believes the City of Schertz should fix the road and that the city should do whatever is necessary to fix the road. In further discussion, Mr. Aiken and the Commission agreed that something needs to be done. At this time, Ken Greenwald commented that the issue of Green Valley Road is on the City Councils agenda for the next workshop. Ken stated that he agrees it's a mess, part of the problem is with the City of Schertz, Cibolo and the county. The City is limited (bonded capacity) to five million dollars a year, period. . 11 . . David Richmond stated that Mr. Aiken's presentation is the best the Commission has seen. However, there are several problems; Green Valley Road, Arroyo Verde outlet connection, and drainage improvements (of property north and all water spilling into the greenbelt, which is the floodplain area through Greenshire Subdivision). Steve Simonson suggested that the issue before the Commission could be tabled until such time that City Council has their meeting. The Commission then would have some idea on how the city is thinking in regard to this situation. At this time, Mr. Aiken stated that this is the best he can do with what he has to work with. The development can not go forward, seeking zone changes unless it is known what areas are to be rezoned. Mr. Aiken informed the Commission that this development involves a lot of money, a lot of effort, and it needs a certain amount of balance. David Richmond stated that the Commission understands that this development isn't the first that is interested in the property and probably not the last. David believes that the Commission agrees that certainly this piece of property can not be held hostage to the development of Green Valley Road. However, what this stage of development does for the Commission, is that it finally pushes the last button to suggest that the Commission must forward this issue to City Council. The City must decide what to do. Get together with the county, the city of Cibolo, and see what can be done with Green Valley Road. David Richmond stated that with Mr. Aiken presentation the council now would has something that tells them what is above the development, what is projected in Cibolo, and what possible connects are proposed from below the development. It also provides some type of traffic pattern for Green Valley Road. David added that the council would need to decide where the city goes from this point. The council obviously has options. The council may seek assistance from the county, Cibolo, and may have some . collective meetings to discuss the problem with Green Valley Road. David 12 . concluded that the Commission needs the feedback from city council before the Commission could grant final approve or at least some type of understanding from the council. Mr. Aiken asked for some type of reassurance from the Commission in regard to the basic concept; lot sizes (55 X110'), section of forested area being part of Greenshire Subdivision, or on the extension of Arroyo Verde Subdivision to include another 90 lots of 70 footers). If we could agree in principal that the plan is not bad given the restrains, would there be any precedence for conditional approval, allowing the project to move forward. Mr. Aiken stated that all he is asking is to be allowed to keep the process to moving along. David Richmond stated that he wasn't comfortable with approving this issue at this time, until such time problems are addressed to include Green Valley Road, and the Arroyo Verde Subdivision outlet. David commented that he believes . approving the issue would be improper. At this time, Steve Simonson suggested tabling the issue, which would allow the Commission to take a look at the preliminary rezoning issue. David Richmond stated that the issue should be tabled, with the understanding that the agenda item could be brought forward at the next meetings agenda. This time would allow City Council to address the issue of Green Valley Road at their workshop, and given the administrative need of the Planning and Zoning Commissions hearing process to begin. David stated that it doesn't mean that the Commission approved the issue, it would mean that the Commission agrees with the concept. Also, that the Commission is in agreement that the issue has problems associated with it, and that the Commission is trying to bring other parties (city council) into the discussion that need to be aware that this is the final development along Green Valley Road. . 13 . At this time, David Richmond asked if there was any more discussion, and if not, his statement would be considered a motion. Tony Moreno seconded the motion. With a vote being called, the motion was approved. David Richmond reiterated the motion, that the request from Larry L. Aiken for Master Plan and Proposed Tree Mitigation Plan Approval of the Besch Property on Green Valley Road would be tabled until June 13, 2000. #14 Consider and Make Recommendation: Request from Don McCrary & Associates to rezone 14.57 acres, Burkett Property from R-2 (Single Family District-70x120's) to R-5 (Single Family District-50x100's). Steve Simonson stated that the property had been previously rezoned into an R- 4 (duplex setup for residents, 55 and older), however when the rezoning did not happen, the property fell back to the original zoning. The property is located on . Live Oak Road. The elevation of the property changes considerably and there is a drainage channel that runs through the property. Steve added that the property across the street is Resurrection Church not Monterrey-Medina. The owners are listed that surround the property, farmer, single-family homes, etc. The R-5 zoning is a single-family type of development that has gone over very well in the City. Steve concluded that Mr. Burkett owner of the property is present and is requesting the rezoning. William Sommers asked how many acres were in the Phillip Doyal tract and was advised approximately 5.65 acres. At this time, Mr. Williams asked if the Commission was being asked to make a recommendation to City Council to change the ordinance on the issue before the Commission. Steve Simonson explained that the request is for the Planning & Zoning Commission, to take action and set up public hearing in order to change the zoning from the existing to R-5 (Garden Home). If the Commission decides to a set public hearing, . property owners within a 200-foot radius would be notified. These property 14 . owners would be able to discuss the zoning issue and the Commission would take these comments into consideration. Joyce Briscoe asked how many lots would ultimately be cut out of the tract and was advised approximately 80 lots. David Richmond asked why does the development think there is a market for this type of zoning in Schertz? Mr. Dagley developer of the property explained that due to the shape of the property, it's limited to lot layout. The lots layout considerably larger, then the 50x100"s. Mr. Dagley explained that the market in the area for that income level of housing happens to be quite substantial. Steve Simonson pointed out that he receives a number of calls throughout the . year, where people are looking for this type of housing in our city. These people have reached an age, or an economic level that this type of housing is adequate for them. This number of lots would not create major problems on Schertz Parkway. The road has twelve-foot lanes with four-foot shoulder, good drainage and a well-built road. Steve added that the church across the street would generate traffic only on certain times and days. David Richmond clarified for the record that the only action by the Commission would be to set a public hearing, which would allow property owners a voice, in order to voice their concerns. With no further discussion, Tony Moreno moved to approve the request from Don McCrary & Associates to schedule a public hearing to rezone 14.57 acres, Burkett Property from R-2 (Single Family District-70x120's) to R-5 (Single Family District-50x100's). Keith Van Dine seconded the motion. With a vote being called, . the motion was approved. 15 . #15 General Discussion: Tony Moreno: Tony had no comments. Keith Van Dine: Keith stated that Larry Aiken presented a good document in regard to the development on Green Valley Road, however he is in agreement that the Commission could not commit to such a development until such time that all issues have been addressed. Joyce Briscoe: . Joyce commented that Mr. Aiken is a creative thinker, and she hopes that he can come up with a solution. She would like to see something done to improve Green Valley Road, and believes Schertz should take leadership. William Sommers: William asked what was the status on the billboard issue and was advised that the city's attorney (Michael Spain) is still reviewing and researching the issue. William reported that his firm is involved with the clear-cut issue at Hwy. 281/ 1604. The TNRCC is disturbed with the clearing cutting that occurred and is looking at a fine in the neighbor of 300 hundred thousand dollars. Ken Greenwald: Ken stated that he empathizes in regard to Green Valley Road. At this time, Ken . reported that the city is looking at 5 million dollars again at the latter part of this 16 . year for the next portion of the water system and another 10 million dollars shortly thereafter for the following year. The city plans to have water on line in less then two years. David Richmond: David asked a report on signage along FM 78-railroad right of way. Steve reported at the City's inspection department is researching at this time. David reported that he is seeing an increasing number of bandit signs on weekends without the Schertz decal, on FM 3009. Steve Simonson: Steve reported that the Bob Bomer contractor pulled off the job site and at this . time we don't know what will happen. Also, he has put out feelers to two different groups in the Planning Organization in regard to RFP's, on how to get on the net in order to receive requests for RFP's. #16 Adjournment: Keith Van Dine moved to adjourn the meeting. David Richmond seconded the motion. The meeting adjourned at 9:15 p.m. (\/ ;, ~ 0 ViJlAJ vJJV'JVV'j~ Chairman, Planning & Zoning Commission ATTEST: '--1"'~~i'//~: ;I / ,1 if /.{!- ~ tiT!', <- PlanningiSecretary, City of Schertz . 17