Loading...
02-27-1996 . . . e . PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in session on Tuesday, February 27, 1996 at 7:00 p.m. Municipal Complex Conference Room, 1400 Schertz Parkway, Texas. Those present were as follows: regular in the Schertz, PLANNING & ZONING COMMISSION CITY STAFF PIA JARMAN, CHAIRWOMAN MERWIN WILLMAN, SECRETARY TONY MORENO KEITH VAN DINE ERNIE EVANS GARY WALLACE KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT DAVID RICHMOND, (VACATION) Richard & Karla, 2862 Bent Tree Scott Champlin, Gary Pools Don & Diane McCrary McCrary & Assoc. Greg San Marco, McCrary & Assoc. Dan Kossel, Denton Homes TJ Cantwell, Denton Homes Todd Booth, Prestige Homes Lloyd Booth, Prestige Homes Ben Coward, Prestige Homes 11 CALL TO ORDER Chairwoman Pia Jarman called the February 27, 1996 regular meeting to order at 7:00 p.m. 12 APPROVAL OF MINUTES: Regular Session February 13, 1996. Merwin Willman Session minutes. as follows: moved to approve the February 13, 1996 Regular Keith Van Dine seconded the motion which carried e e . AYES: Pia Jarman, Merwin Willman, Gary Wallace, Keith Van Dine, Tony Moreno. ABSTENTIONS: Ernie Evans (Due to absence at said meeting) 13 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. 14 CONSIDER AND MAKE RECOMMENDATION: Request from Richard and Karla Meyer, 2862 Bent Tree for Special Exception to Zoning Ordinance for a 10 foot setback variance to construct a swimming pool. (BOA #70) Steve Simonson stated this is an integrated part of the home which dove-tails into the U-shape of the home. The reason this is coming before the Commission is a technicality. If this had been made part or tied into the foundation it would not have come before the Commission. Being that it is not tied into the foundation, technically it is an accessory to the main building and will have to go before the BOA. It will basically be a 10' building setback variance to be able to put the pool against the existing foundation and dove-tail into the back of the house. . Pia Jarman asked if the reason this is not tied into the foundation would be due to a safety factor. Steve Simonson commented that was his belief. Scott Champlin stated from an engineering stand point this would not be a good idea to construct a pool as part of the foundation of the house. Due to any movement of the foundation or the pool, this could create damage to either of the structures. With two separate structures, if one were to move without the other, this would not cause any damage to the other separate structure. Merwin Willman questioned if this is going to be 18" with 14' on the other side as stated. Steve Simonson said yes, this being the reason for the full 10' variance as this will be tucked up under the foundation. The pool deck will actually butt up to the foundation with the pool itself slightly away from the foundation. One side will be 18" off of the foundation. Gary Wallace moved to forward the request from Richard and Karla Meyer, 2862 Bent Tree for Special Exception to Zoning Ordinance for a 10 foot accessory building setback variance to construct a swimming pool to the BOA with recommendation of approval from the Planning and Zoning Commission. Keith Van Dine seconded the motion which carried with a unanimous vote. . Merwin Willman mentioned with the critical water situation that the City is in he did some checking and you are authorized to fill a new pool but you are not allowed to add water to an existing pool due to evaporation etc. -2- e e . 15 CONSIDER AND TAKE APPROPRIATE ACTION: McCrary for Master Plan Creek. (PC #258-96) Request approval from Don for Berry Steve Simonson stated there is a colored rendition of the Master Plan for everyone's view. There are several items to discuss. The natural green belt is now zoned commercial property. The developers are not asking for the commercial property to be changed. They would like to keep this property a green belt dedicated to the City as park land. This area is very heavily treed 200' deep green belt along FM 3009 if this is agreeable to the Commission. They have also moved the location of the road instead of very close to the property line like other developers they have moved it over. They need to be commended as they saved some very large trees in doing this. They are requesting a gated community. For protection of this community because of the narrow opening, Steve requested on the plan that Hillview Lane coming from Woodland Oaks be stubbed out with a break away gate. A break away gate is a gate that either a fire truck, or heavy EMS vehicle can pop open. This will be an emergency ingress/egress in case there is a major problem at the entrance. In talking with the fire department and others involved they do not see this to be a problem as long as there is emergency access. . Pia Jarman commented the plans are showing 121 lots at 55' to 65' wide with 120' deep. What is the percentage of the total lots that will be the 55'. Don McCrary stated just under 30%. Steve Simonson explained that this information is on the colored rendition Master Plan that is at the front of the conference room for review. You will actually have 8 lots at 70' wide. Merwin Willman questioned entrance is the green belt. 2 acres altogether. how many acres on both sides of the Don McCrary stated it is a little over Pia Jarman dedication. asked if the green belt is in lieu of Steve Simonson agreed that this is true. park land Dan Kossel commented he is with Denton Communities helping Prestige Homes develop. Dan Kossel introduced TJ Cantwell who is an associate of Dan Kossel, Lloyd Booth, the founder of Prestige Homes, Todd Booth his son, now the president of Prestige Homes, Ben Coward the sales manager, Greg San Marco with Don McCrary & Associates. Prestige Homes has brought some information on the product. Prestige has been in business since the 1950's as well as Denton Communities. . Dan Kossel stated the property is the Morton Southwest or Sage property which is zoned PUD. At one time they were hoping to some apartments on this property. Today they are here to get Master Plan approved by the Commission for single family units -3- Mont put the as a . . . e e gated community and also would like to request a variance to the side yard setback as it relates to the ability to save and preserve trees: separation of 15' between buildings, but instead of 7 1/2 side yard setback, at least a minimum of 5'. The property at the front entrance, for a number of reasons, Prestige would like to dedicate as a green belt as parkland to the City of Schertz. Doing this would fulfill the parkland requirement. This will also help in marketing their product. The community that is being proposed, the way it is layed out, is based on a tree survey that was done previously by Morton with Don McCrary, with hopes of saving as many trees as possible. There are some islands throughout where there was pasture and there are not very many trees. The idea is to bring trees into the islands to have beautification on the streets. There will be a masonry 8' solid fence adjacent to the park as well as on lot 18. This will be up to the gated area. Dan Kossel explained that his company has been dealing with gated communities since the early 80's and they seem to become more popular, desirable. There is a demand for this type of community. Dan Kossel stated they currently have 13 gated communities. They have had a lot of experiences some good and some bad. They feel they have fairly refined their abilities to make sure they have the structure, documents, deed restrictions, and by-laws to provide for appropriate funding for not only the common elements but gate, lights, streets etc. This is done in a number of ways through the deed restrictions which has to be adequately funded with at least a 5 year projection, if not a 10 year projection, on the dues structure to make sure there is sufficient amount of street funds available to meet future maintenance of the roads. Through their experience they ask that the City inspect the roads which will meet the City of Schertz standards. In going with the wear and tear of the streets after so many years there is cracked sealing, and resurfacing will need to be done with the funds that have been put aside to do these projects. The Homeowners Association is non-profit. As far as the emergency access, there will be two gates at the entrance that will slide across for exit and entry. There is a tele-entry that can be activated by a code to be able to gain access. There will be sensors under the street. T J Cantwell explained the access boxes. There are several options for emergency access into the subdivision. Typically there is a little lock box placed near or at the entry where the emergency vehicle personnel cut the box for emergency access and the gate will open. The other type will be keys that can be sent out that are universal for every gated community in the area. This seems to work in San Antonio with no problems getting emergency personnel into the community. There also can be police, fire etc. codes entered through the phone for access. These are the options that are available and they are willing to work with the City for the option that will work best. In case of a power outage there is a manual release. The gate can be jumped to release the gate by clutches which will have a manual release and the gates will slide open. -4- e e . Dan Kossel stated in the deed restrictions until the last lot is occupied or sold with a home, the hours the gates will be open are from 7:00 a.m. to 7:00 p.m. This leaves the gates only closed from 7:00 p.m. to 7:00 a.m. The gates will be slide gates instead of swinging gates as the slide gates open alot more quickly. Don McCrary stated this is a very clean piece of property. Even though this is a PUD, the developer has agreed to develop the streets to the specifications of 30' wide standard residential streets. The streets will be more than adequate to handle the storm flow. The flow will flow down to the culvert under FM 3009 that has been provided as a drainage access easement. The sewer will also run from the west to the east but they will have to bore under FM 3009 to access the City sewer. The design, on the technical side, with the utilities they should be no problem. There will be more trees brought in and they will also save as many trees as possible. This is a really quality type of development that the City of Schertz has been looking for. Merwin Willman said with each cul-de-sac as shown there is going to be an island. Residents are going to be parking there. Is this going to leave enough room for an emergency vehicle to get through? Don McCrary stated since the roads are going to be 30' wide there should be no problem. . Todd Booth presented the Commission with note books with some brief information on who they (Prestige Homes) are and what type of subdivision they are hoping to gevelop. In the note books there is information about the gate, the key etc. Gary Wallace asked about the price range of the homes. Todd Booth stated between 100's to 120's. This is an anticipation with working with the market and adjusting to that. The pictures in the back of the book are single family homes that Prestige built several years ago. They did not have the luxury of 15' between homes that will be allowed here in the City of Schertz. This is a representation of what they build and what they have done in the past on how well the houses they build stand up. One of the things that Prestige is very proud of is the value that the name Prestige means and the resale of the homes in San Antonio. They would like to carry this into the City of Schertz and try and do what they are so proud of in the City of San Antonio, out here in this beautiful little City. Ernie Evans mentioned he had driven this area on Sunday and could not decipher the lines between Woodland Oaks Subdivision on one side. Would this also put the Exxon station bordering on one side of the property? . Steve Simonson stated this would be pretty close. The space between the entrance to the area and the road being moved over is a fair amount of space compared to if the road had been on the property line as originally planned. Don McCrary stated there -5- e e . would be about 50' from the property line to the edge of the road. Keith Van Dine asked for clarification on the greenbelt being zoned commercial. Even though this gated community may be built this piece of property will stay commercial. Steve Simonson stated this property will be dedicated to the city as a natural greenbelt. This area staying as a natural green belt will make FM 3009 through this area to look nice. Dan Kossel reiterated that they would like to propose this piece of property as the park land requirement to the City. Merwin Willman moved to approve the Master Plan for Berry that was presented at the February 27, 1996 Planning and meeting by Prestige Homes. Tony Moreno seconded the motion carried with a unanimous vote. Creek Zoning which . Merwin Willman stated with this being the second request for a gated community he had some concerns. Steve Simonson has told us he has given the developers copies of the gated communities requirements as outlined in the proposed UDC. This is fine but Merwin is troubled for possible problems down the line after the builders are done and this development is turned over to the Homeowners Association. Merwin Willman commented he feels someone could say that this is not official when the building was finished. To preclude any possible problems down the line we should have each one of the builders submit a signed letter to the effect that they have accepted our requirements as outlined in our UDC in gated communities. Merwin commented he is concerned for later on down the road. Councilman Ken Greenwald explained at the time of the plat they are going to submit a budget for road maintenance etc. Steve Simonson reiterated the reason all the specific recommendations were mentioned to the developer at the meeting is so it would be on public record what is expected of them before the plat will be accepted. The developers have been told they will not get a final plat approval until the information in the UDC is accepted by our lawyers, engineers, and our public works and is on the plat. The Commission will get the homeowner's by-laws, engineers' acceptance for the budget they have approved, either copies or assurance that the agreements have been signed from Public Works, and the City, on emergency maintenance if they fail to do what they are doing, so all this will be in place before the plat will become final. . Merwin Willman is concerned when the subdivision is turned over to the Homeowners Association and the Homeowners Association feels what was accepted by the developers is not legal. Steve Simonson explained unless all the documentation is signed, regardless of what it says in the ordinance it makes no difference. This is a legal binding contract. This will also be signed by the Homeowners Association. -6- . . . e e 16 GENERAL DISCUSSION: Chairwoman Pia Jarman: Chairwoman Pia Jarman stated she had no comments. Tony Moreno: Tony Moreno stated he had no comments. Keith Van Dine: Keith Van Dine stated he had no comments and left the meeting because of his working situation. Gary Wallace: Gary Wallace asked if the letter was received from Arby's on the status of their request for search lights for their grand opening. Steve Simonson said not at this time. Erine Evans: Ernie Evans asked if the maps and documentation that were sent to the City Council on the requested annexation has been addressed. Councilman Ken Greenwald said that the City Council has not received any information at this time. It may still be at the lawyers being looked at. Merwin Willman: Merwin Willman stated he had no comments. Councilman Ken Greenwald: Councilman Ken Greenwald commented on the letter in the packets on the count of traffic received from TXDOT on FM 3009. It is unbelievable that they advise the City that there is not enough traffic for traffic signals. Steve Simonson: Steve Simonson mentioned that RAFB is getting a little "wishy-washy" on the ACUIZ. The request for the zoning change on Nell Deane is being relooked at. Steve Simonson left the meeting prior to adjournment for personal reasons-his 38th Wedding Anniversary dinner! Councilman Ken Greenwald commented that the City agreed to go by the map that RAFB supplied the City with. Until they supply a new map the City is only doing what it agreed to by following the map given by RAFB. -7- . . . A short discussion on miscellaneous subject followed. 17 ADJOURNMENT: Merwin Willman moved to adjourn the meeting. Gary Wallace seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 8:05 p.m. The next regularly scheduled meeting is March 12, 1996. . o - '1' " \' (52. vrc:."\A..kt.~ Chairw an, Plannlng and Zoning Commission ATTEST: . r' tl.~/l'j'-"d/ ,/-~ ,;,t/}I':;Y/ Planning Se6retary ~ - City of Schertz, Texas -8-