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03-12-1996 . . . e . PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, March 12, 1996 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 DAVID RICHMOND, VICE-CHAIRMAN MERWIN WILLMAN, SECRETARY TONY MORENO ERNIE EVANS GARY WALLACE KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT KEITH VAN DINE, (WORK RELATED) Iris Adams, 12407 Bret Springs G. Stephens, 305 Church Street E.J. & Norma Hamel, 909 Fawn Drive Donald & Donna Herbster 909 Antler Drive Moulder Buckhann, 308 Church Street Paul Batterton, 307 Verbena Glen Dicus, 142 Clear Oak Tim Pruski, Aspen Homes Dave Matlock, Aspen Homes Steven Hanan, Aspen Homes Robert Kotara, 1032 Ivory Creek Allen Clark, 1036 Ivory Creek Randy Johnston, Alamo Consulting Eng. Sam Bledsoe, MBC Engineers Don & Dianne McCrary, McCrary & Assoc. Greg San Marco, McCrary & Assoc. e e . 11 CALL TO ORDER Chairwoman Pia Jarman called the meeting to order at 7:00 p.m. Pia Jarman explained the procedures to be followed at the public hearing and thanked everyone for their concerned interest. The City Council public hearing on these items will be held March 19, 1996. 12 PUBLIC HEARING: 1. To Receive Citizen Input on a Request from Robert R. Burch, Burch Roofing Co., Inc. to rezone approximately .0354 acres on First Street and Church Street from R-2 (Single Family Dwelling District) to R-3 (Two Family Dwelling District). (ZC #125-96) Steve Simonson stated fourteen (14) letters were sent to property owners within 200' of this rezoning request. Only one (1) reply has been received and it was in favor. There was no other input or phone calls received on this request. George Stephens, 305 Church the rezoning. He was very public hearing also. Mr. owned the property not Mr. Street stated he received the letter on surprised to see Mr. Dicus here at the Dicus informed Mr. Stephens that he Burch. . George Stephens mentioned he has lived in this area and owns his home and property. He has several grandchildren that like to come to his house for recreation. Burch Roofing is on FM 78 basically a stone's throw from George Stephens' residence. If you were to look at the housing units that are behind the business they are not very well taken care of. This is a typical company store operation. The units are run down and shabby. There are people that reside in the residences that "I would not like walking through my neighborhood." If Mr. Burch were to build more housing for his company Mr. Stephens does not feel they would be any nicer or maintained any better than what Mr. Burch is already doing. Pia Jarman reiterated that Mr. Burch had advised that he make the current units nicer. Steve Simonson stated that is Mr. Burch had advised the Commission when he first requested rezoning. would what the Pia Jarman stated that Mr. Burch will be moving an existing unit to this new location. Mr. Stephens stated this was not indicated in the letter but with how the units look at the location now, Mr. Stephens does not believe Mr. Burch will make them any better. . Mr. Stephens commented if Mr. Burch is allowed to put in a duplex this will put all commercial property surrounding Mr. Stephen's property. There is a cement plant when you come onto Church Street. The cement plant has just recently installed a gate to bring in lumber on trailers. With the car wash, Church's Chicken etc. it is very noisy. Mr. Stephens stated he has spoken to -2- e e . several of his neighbors and they also are in agreement of not wanting this type of duplex on this property. Steve Simonson asked Mr. Dicus if he was the owner of the corner lot on First and Church Streets. Mr. Dicus stated, yes, he is the owner of this property. Steve Simonson suggested to the Commission that the property owner being in question, this request be tabled until further information on who the owner of the property is, can be verified. Mr. Dicus stated he has plans of rezoning this he can build a duplex for relatives to live in. rental property. Mr. Dicus mentioned he is rezoning. property to R-3 so This will not be in favor of the Pia Jarman stated the request from Robert R. Burch, Burch Roofing Co., Inc. to rezone approximately .0354 acres on First Street and Church Street from R-2 (Single Family Dwelling District) to R-3 (Two Family Dwelling District) will be tabled until ownership and legal matters can be straightened out. Pia Jarman closed the Public Hearing for the request from Robert R. Burch at 7:15 p.m. . Pia Jarman called the Public Hearing for the request from Continental Homes of Texas, dba (Aspen Homes) at 7:16 p.m. 2. To Receive Citizen Input on a Request from Continental Homes of Texas, dba (Aspen Homes) to rezone approximately 105.389 acres from GB (General Business), R-1 (Single Family Dwelling District), R-2 (Single Family Dwelling District), to R-6 (Single Family Dwelling District) on Savannah Drive. (ZC #127-96) Steve Simonson stated there were 52 letters sent to surrounding property owners. Most of the letters received back were from people in the Live Oak Hills Subdivision. There were seven (7) letters returned with one (1) opposed, five (5) in favor and one (1) undeliverable. The one person from Deer Haven was in favor if the greenbelt is implemented. Paul Batterton, 307 Verbena, stated he has owned a piece of property in Live Oak Hills and he is neither for or against the request. He is attending the hearing to receive information on what they are proposing to do. . Steven Hanan stated the first unit to be constructed will consist of 148 units, 105 acres off Schertz Parkway. Aspen Homes has nine (9) gated subdivisions in the San Antonio area. This will be the first outside of the San Antonio area as a gated community. The remaining property will develop in phases. The price range for -3- e e . this for a Drives. subdivision is from the 90's to 130's. There is a proposal greenbelt butting up to the property on Fawn and Antler The greenbelt will be 60' wide and taper off at the ends. Mr. Batterton asked if there were any power lines that would have an effect. Steve Simonson answered they are on the northern tip of this property, not on the property line, but the frontage on Schertz Parkway will be affected by power lines. With no other comments or questions Pia Jarman closed the Public Hearing for the request from Continental Homes at 7:27 p.m. 13 ADJOURNMENT OF PUBLIC HEARING: Chairwoman Pia Jarman adjourned the Public Hearing at 7:27 p.m. The Schertz Planning and Zoning Commission convened in a regular session, after the public hearing. 14 CALL TO ORDER: Chairwoman Pia Jarman called the March 12, 1996 regular meeting to order at 7:37 p.m. 15 APPROVAL OF MINUTES: . Regular Session for February 27, 1996. Merwin Session follows. Willman moved to approve the February 27, 1996 Regular minutes. Tony Moreno seconded the motion which carried as AYES: Pia Jarman, Merwin Willman, Ernie Evans, Gary Wallace, Tony Moreno ABSTENTIONS: David Richmond (Absent at said meeting) 16 STATUS OF FINAL PLATS: Pia Jarman stated "let the record reflect that in the month of February 1996, final plat mylars were signed off on Lone Star Pet Supply, Woodland Oaks Unit 6-A and Woodland Oaks Unit 5-A." 17 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. 18 CONSIDER AND MAKE RECOMMENDATION: Request from Robert R. Burch, Burch Roofing Co., Inc. to rezone approximately .0354 acres on First Street and Church Street from R-2 (Single Family Dwelling District) to R-3 (Two Family Dwelling District) (ZC #125-96) . -4- . . . e e Ernie Evans moved to table the request from Robert R. Burch, Burch Roofing Co., Inc. to rezone approximately .0354 acres on First Street and Church Street from R-2 (Single Family Dwelling District) to R-3 (Two Family Dwelling District) until the issue on the rights of ownership of the property in question can be delineated. Tony Moreno seconded the motion with carried with a unanimous vote. 19 CONSIDER AND MAKE RECOMMENDATION: Request from Continental Homes of Texas, dba (Aspen Homes) to rezone approximately 105.389 acres from GB (General Business), R-1 (Single Family Dwelling District), R-2 (Single Family Dwelling District), to R-6 (Single Family Dwelling) on Savannah Drive. (ZC #127-96) Gary Wallace commented that he still has a problem with sizes. It has been required by other developers that a percentage of lots be a certain size and we are not doing this case. the lot certain that in David Matlock stated that the plan has been amended so there are now 30% of the lots at 55' frontage. This will vary by units but the total is 30% of all five units. Steve Hanan stated the first unit will only have 28%. Merwin Willman commented he has some concerns with the greenbelt but as far as the rezoning he is in favor of the request. David Richmond mentioned he has a problem with the 60' greenbelt. The area being dedicated as greenbelt is at this time zoned R-1. If the rezoning is approved we are basically approving the rezoning of the 5 acres that is now R-1. This gives us no options by doing this. If the 5 acres are left zoned R-1 this would present an alternative to the developer to have the lowest density largest lot property abutting Fawn and Antler Drives. This will also give the developer an opportunity to provide for a larger greenbelt than what is now being proposed through the rezoning. David still feels this is a viable concern. Merwin Willman stated if the R-6 rezoning for 6,000 square feet, and the R-1 is question with the R-6 but the one question will maintain this greenbelt with a fence side. is recommend this allows 9,600. Merwin has no is the greenbelt and who on the Continental Homes Pia Jarman reiterated the issue is that the R-1 homes would become R-6 with the rezoning. There are R-2's which will also become R-6. The rezoning will affect the whole area. David Richmond stated this was his concern two meetings ago. With the zoning the way it is presently, it affords the developer an opportunity to have a varied density of developed property with a varied range for potential buyers. Rather than take the entire area which is a large area and zone it all to a very high density -5- e e . lot size. Pia Jarman asked about the zoning along Schertz Parkway. At this time it is zoned GB (General Business). This is changing the zoning from GB to residential which seems fine to Pia as it is of less density, but why are the two locations on the corners being left as pad sites? Merwin Willman stated that Aspen Homes did not buy this property. The owner of this property would not sell these two pieces. Gary Wallace asked what the zoning is in Savannah Square? Steve Simonson stated it is PUD with a mixed zoning. It goes from R-5 5,000 square feet to about 7,200 square feet. The lots facing Deer Haven are all R-l lots in Savannah Square. Steve Simonson stated with R-6 zoning all the lots must be a minimum of 6,000 square feet. None of the lots proposed are 6,000 square feet. They are all much larger than this with some lots being in the R-2 range. The City is getting away from PUD as this type of zoning was not being used in the manner it was supposed to be used, with a mix of lots with at least three different uses. . Ernie Evans stated his concern is very similar to David Richmond's. Ernie realizes the request is for rezoning. Maybe Steve's comment about the number of lots being put in that are of 7,000 etc. square feet is appropriately distributed. But do we have the appropriate use of this very huge tract of land as it benefits the City? Merwin Willman asked Ernie what he meant by appropriate use. Ernie Evans stated in terms of the density in the way the housing is being put in. Merwin mentioned it is the same as Dove Meadows, Ashley Place etc. and what should the density be? Ernie stated his main concern is where the lots are backing up to Deer Haven as there is going to be a total change to what is existing. Merwin mentioned actually the lots in Deer Haven are just large lots. Steve Simonson mentioned if the greenbelt is eliminated, it is possible to make the lots backing up to Deer Haven all R-1 lots. This would preserve the integrity of what the original zoning was. This area was a protection zone for Deer Haven. The Commission may want to propose to Continental Homes this option that instead of a greenbelt, keeping this area R-1 lots. Gary Wallace reminded the Commission there was one couple at the hearing that was in favor of the rezoning because of the greenbelt. Steve Simonson stated if you put R-1 lots in the back you would have a wooden fence up against a bobwired fence. If you were to drive up to Fawn or Antler Drives now there would be 60' before you would come to a fence. This would be the difference and it could . go either way. Dave Matlock mentioned the one couple at the hearing talked with -6- . . . e e him and were very happy with the greenbelt going in and keeping the area a little more private for the residents in Deer Haven. Steve Simonson stated in the back of Savannah Square there is a 38' drainage channel before the Deer Haven Subdivision. This was done in the past as part of the homeowners request. Merwin Willman moved to approve the request from Continental Homes of Texas dba (Aspen Homes) to rezone approximately 105.389 acres from GB (General Business), R-1 (Single Family Dwelling District), R-2 (Single Family Dwelling District), to R-6 (Single Family Dwelling District) on Savannah Drive. Such approval to include granting a 5' side yard variance with the proviso that a minimum aggregate of 15' between buildings be maintained. This request be sent to City Council for Public Hearing. The motion carried as follows: AYES: Merwin Willman, Tony Moreno, Gary Wallace. NAYS: Pia Jarman, David Richmond. ABSTENTION: Ernie Evans. Pia Jarman stated on a rezoning request there has to be four in favor to pass. At this time she asked anyone if they would like to change their vote. David Richmond asked if the developer could please explain how adjusted the 25 homes over the 30%. One of the things that discussed a couple of meetings ago was to consider the green that was in question to allow a better open space and reduce density of homes to get the mix down to 30%. they was belt the Dave Matlock stated on the sketch it will show you where the 55' lots are now. Basically what they tried to do was to limit it to one 55' in each area and spread out more. Steve Simonson stated the issue on the green belt itself will discussed at a later time. Pia Jarman stated there needs to be one more vote to go one way or another. Pia asked if the abstention would like to rethink his vote. Ernie Evans stated he would change his vote in favor. The motion carried as follows: AYES: Merwin Willman, Gary Wallace, Tony Moreno, Ernie Evans. NAYS: Pia Jarman, David Richmond. 110 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Allen and Doris Clark, 1036 Ivory Creek for a Special Exception Request to the Zoning Ordinance to install a swimming pool and shed. (BOA #71) Steve Simonson stated the main concern with this request is the -7- e e . location of the gas line which shows being the depth of 50'. Allen Clark stated that Ed Miller, the field supervisor, was out at the residence today measuring exactly where the pipe is. Mr. Miller advised the pipe line is exactly 10' from the fence line. The letter from Valero is supposed to be faxed to the City. Steve Simonson stated the pipe line would be 13' feet from the edge of the pool. Allen Clark stated he has been in contact with Valero due to the location of his patio. The pool will be above ground and the shed will be on skids for easy removal. Gary Wallace asked if the subdivision restrictions Mr. Allen advised he has been in contact with everything that is being done is all approved. allow sheds. Dee Magee and David Richmond moved to recommend approval to the BOA the request from Allen and Doris Clark, 1036 Ivory Creek for a Special Exception request to the Zoning Ordinance to install a swimming pool and shed contingent upon the City receiving the letter as so stated from Valero. Merwin Willman seconded the motion which carried with a unanimous vote. . 111 CONSIDER AND TAKE APPROPRIATE ACTION: Request from C.V. Properties to replat .66 acres of lot 13 The Village. (PC #259-96) Steve Simonson stated there are some corrections on the plat; the note #2 on flood plain needs to be "D" instead of "C" also on the panel the correction of the date 7-17-95. The adjacent property owners are not listed. The only other recommendation from the City Engineers would be that the 25' front building set back be put on the plat. This will continue with the other setbacks for the other businesses. This is lot 13 being replatted into lot 14. Ernie Evans asked if the Texaco is on lot 13 also. Steve Simonson stated this being true would make the remainder of lot 13 split on both sides of lot 14. Steve has talked with surveyors and this is legal. Merwin Willman moved to disapprove the request from C.V. Properties to replat .66 acres of lot 13 The Village, until all the corrections mentioned i.e. the flood plain information, adjacent property owners, the 25' front building set backs, and correct acreage for lot 13 have been corrected. Tony Moreno seconded the motion which carried with a unanimous vote. 112 CONSIDER AND MAKE RECOMMENDATION: Request from Sam Bledsoe MBC Engineers, to rezone 17.7592 acres from NS (Neighborhood Services) to PUD (Planned Unit Development. (ZC #128-96) . -8- e e . Steve Simonson stated this is the opposite side of Unit 6 which has already been rezoned. The property being asked to be rezoned follows along with the other property in this area as a PUD. Merwin Willman commented he does not feel the PUD should still be used because in the UDC the PUD is being eliminated. This gives the developer the opportunity to come in with different size houses. Steve Simonson stated on the original Master Plan for Greenshire Subdivision shows this area being NS. Several years ago when the City was rezoned at certain areas this area was zoned GB. Technically it was rezoned from GB to NS. If this request is approved, from the entrance of Greenshire to FM 3009 to Greenshire Drive along Woodland Oaks Drive, the lots will be R-1 on both sides minus the church. Ernie Evans moved to approve the request from Sam Bledsoe, MBC Engineers, to rezone 17.7592 acres from NS (Neighborhood Services) to PUD (Planned Unit Development) and forward it to City Council for Public Hearings. Gary Wallace seconded the motion which carried as follows: AYES: David Richmond, Pia Jarman, Gary Wallace, Tony Moreno, Ernie Evans. NAYS: Merwin Willman. . 113 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Don McCrary, McCrary & Associates Preliminary Plat Approval Berry Creek Unit 1. (PC #260-96) Steve Simonson commented the approved Master Plan was given to the Commissioners. This is Unit 1 of the Berry Creek Subdivision. The flood plain notes are correct, elevations are correct, it is stated where the common areas will be maintained. The main question as it is stated in the ordinance, but the Commission may not want this, is the one foot non access easement on Berry Creek Drive. Lots 28, 29, 49, 50, and 82 are the only side yard lots, all the other lots are fronting Berry Creek Drive. This is a gated community and with no through streets the Commission may not want the one foot non-access easement on these lots. The basic requirement for the non-access easement is so no one would back out into a through street. David Richmond commented this is a very good recommendation. Steve Simonson asked if the street Berry Trace should be called Hillview as it will be gated up to that point with the break through gate. Technically Berry Trace would connect with Hillview at Woodland Oaks Drive. . Ernie Evans commented if later down the road something were to happen and this development no longer is a gated community what are the ramifications of changing this street to another name. Steve -9- e e . Simonson stated this would not happen. Merwin Willman mentioned that the streets have too many "Berry" names in them. This could cause a problem with emergency response. Steve Simonson commented if you were to say "Berry" you know there is only one Berry Creek Subdivision. Councilman Ken Greenwald stated with the new enhanced 911, everything is printed out from the location of the call. Merwin Willman commented you will still have voice communication. Ernie Evans stated he would like to have the one foot non access easement added to the 5 lots in question. There are no other existing easements shown on the plat. In hopes that nothing would go wrong with this gated community, it would protect our emergency vehicles from traffic that is not normally expected from side yards. Merwin Willman mentioned that the homeowner on the 5 lots in question could ask for a circular drive from one street to another. Ernie Evans asked if the park land dedication for the future will be included at this time on the plat. Steve Simonson stated this would have to be part of the platting process. This could be shown on this unit or the next unit. If the Commission does want this on the plat now it will have to be included in the motion as this is only a preliminary plat. . Ernie Evans mentioned he would like for this to be in the final plat. The only other question is if the gates need to be labeled on the plat at the front on Berry Trace and Hillview. Where the two streets join by Hillview, it is not indicated as a break away gate. Steve Simonson stated it would probably be a good idea put in the notes to this effect. There will be a breakaway gate on Berry Trace connecting Hillview. There will be an electronic gate at the front and this will need to be noted on the note section on the plat. Gary Wallace asked about the non existing drainage between lots 79 and 80 in Unit 2 the contour lines look as if the water will go out through the main front gate and Hillview. Steve Simonson stated this would not affect this plat. It would be in the platting of Unit 2. In lots 81 and 82 of the front entrance, the common area on Berry Creek Drive will have to be built up as they are moving away from it to save the trees next to the Woodland Oaks property line. This will be a very straight sheet flow but at Hillview there will be a natural flow of water. Most of the water from the subdivision will go towards the front. . Don McCrary stated the one foot non access easement would be enforced as this is a very important factor. As far as the park platting once this becomes platted as a piece of property as park land, the nature becomes a "beast" for everyone with trying to get utilities etc. through. If the Commission feels very strongly on -10- . . . e e this, Don McCrary proposes park land dedication and recorded until the utilities a ROW of at least 25' with wrought iron gate. to have a separate plat just simply request that the plat etc. are in place. The drain a walkway also. There will be for the not be will be a nice Merwin Willman moved to approve the request from Don McCrary, McCrary & Associates preliminary plat Berry Creek Unit 1 contingent on the one foot non access easement on lots 28, 29, 49, 50, and 82, note stating the break away gate and electronic gate locations. Gary Wallace seconded the motion which carried with a unanimous vote. 114 GENERAL DISCUSSION: Tony Moreno: Tony Moreno stated he had no comments. Gary Wallace: Gary Wallace stated he had no comments. Ernie Evans: Ernie Evans asked during the beginning of the year it was discussed that some work would be done on the comprehensive plan. Is this still in the making and how is the UDC coming along? Steve Simonson stated it is still in the making with the UDC still needing to have corrections Steve was waiting until it was finalized before undertaking another large project. As far as the UDC the retyping is over half done. There is some question on two areas: gated community with a complete rewrite by the request of the lawyers and the sign ordinance with a specific area. This is also in the process of being rewritten. Other than these two areas the UDC is pretty well complete and ready for final approval in April. Ernie Evans coming along. forgotten to tomorrow night asked how the recommendation for the annexation Councilman Ken Greenwald apologized as he ask at the last workshop but will check into at the workshop. was had it Pia Jarman: Pia Jarman stated she had no comments. Merwin Willman: Merwin Willman mentioned about one and half months ago Ashley Place Unit 3 final plat was approved. At this time we still have not received the breakout on the lots at 55' as requested. Also there was a discussion on reevaluating the zoning on Schertz Parkway with -11- . . . e e some back ground information passed out. At this time does anyone have any ideas or discussion. Pia Jarman stated that on the next agenda it should be addressed for discussion. It was considered for this agenda, but with the two public hearings, it was postponed until the next meeting. Everyone is requested to reread the information and be ready for a discussion. Merwin Willman asked Steve if the Texaco was going to have a car wash and if so will the water be recycled? Steve Simonson advised that, yes, they would have a car wash with the water being recycled. Diamond Shamrock does recycle their water as well as Texaco. Merwin Willman asked if Arby's has gotten the approval from RAFB to have the search lights for their grand opening? Steve Simonson stated we have not received any information at this time. David Richmond: David Richmond asked if anyone had made it up to the Ramada grand opening. Tony Moreno mentioned he had gone. Merwin Willman stated he didn't receive his invitation until Saturday and wasn't able to RSVP. David Richmond mentioned he and his wife had stopped by and tried Denny's and was very pleased with the service and the food. Then he walked next door to the Ramada Inn and talked with Jack and received a tour. It looked very nice and well constructed. This was slow in coming but the City should be very proud of how it has turned out. Councilman Ken Greenwald: Councilman Ken Greenwald stated the grand opening was great. The rooms are nice, the meeting room is a very good size. The prices are reasonable and they already have reservations. Steve Simonson: Steve Simonson stated at this time there is no news on HEB. Jack, Ramada Inn, is having a hard time getting enough people to work to be able to get all the rooms open. Steve passed out some FYI on flood plain protection with a lot of information and good graphical information. Steve Simonson mentioned Arby's is coming along with a new design for the area. There also will be two site plans at the next meeting. One for Alamo Packing, and DSI Enterprises in the area of Tri-County Business Park. David Richmond mentioned the new sign as you enter Schertz on FM 78 who is responsible for the wonderful job. Councilman Ken Greenwald stated this was done by GVEC and a letter has been sent from the City thanking them. 115 ADJOURNMENT: -12- . . . . . David Richmond moved to adjourn the meeting. Merwin Willman seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 9:25 p.m. The next regularly scheduled meeting is March 26, 1996 at 7:00 p.m. ATTEST: ~/}vC~ ;;!:;h #Jn~/( Planning/Secretary City of Schertz, Texas [) ;<,'/V'\.. oman, Planning and Zoning Commission f Schertz, Texas -13- ~