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04-23-1996 . . . e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, April 23, 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 KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT KEITH VAN DINE (Work related) GARY WALLACE (Prior Fiesta Commitment) Glen Dicus, 142 Clear Oak George Stephens, 305 Church St. Irieno Villalobos, 410 First St. Lidia Villalobos, 410 First St. Debby Smith, 310 First st. Carol Jones, 310 First St. Lori Swaney, 310 First St. David Bish, 112 Church St. Enna Koym, 409 First St. Cameron Bradfute, Bradfute Sub. DA Bradfute, Bradfute Sub. David Matlock, Aspen Homes Steve Hanan, Aspen Homes Tim Pruski, Aspen Homes '1 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 this item will be held May 7, 1996. e e . 12 PUBLIC HEARING: To Receive Citizen Input on a Request from Floyd G. Dicus, 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 #129-96) Steve Simonson stated that in accordance with the ordinance for a public hearing on a request for a zoning change all property owners within the 200 foot radius were notified. There were fifteen (15) letters sent; three (3) were returned with all three (3) in favor. At this time the citizens that were present with notices turned them in to Steve Simonson. There were at this time nine (9) more letters received from property owners on the mailing list. There also were three (3) letters received from property owners not within the 200 foot radius. With the letters received at the meeting there now are three (3) in favor and nine (9) opposed. Steve Simonson asked Mr. Stephens if he had made copies of the notice and had handed them out. Mr. Stephens said "yes". Mr. Dicus said he would be putting in a duplex for his mother on one side and would either rent the other side or another relative would live on the other side. Mr. Dicus passed out some snapshots of the property for the Commission to review. Mr. Dicus stated he would be putting in a house worth about $95,000.00. . Enna Koym said the homes in the area are all single family and this is the way she would like to keep it. David Bish said he had heard that there were going to be two duplexs put in. The lot was going to be split which David Bish is firmly opposed to. David Bish stated this is the part of Schertz that is forgotten. There is very little police seen in the area, the dump down the street is getting larger and larger; there is so much noise and dust. With this being the "Friendly City" what has happened to this part of the City which is the oldest section of Schertz. Pia Jarman said if the City didn't care, then we wouldn't be having this hearing. Mr. Stephens stated the hearing is required by law. Whether the City cares about this section of town or not. Pia Jarman said she understands that but everyone is here on very good faith. What Mr. Dicus is requesting as far as rezoning is concerned has nothing to do with Beck Concrete or other things mentioned those issues can be handled by calling City Hall. Steve Simonson stated that before the City annexed Beck Concrete was permitted by the state and that still operates within state regulations. Enna Koym it could be cleaned up though. this section Beck Concrete commented that . Pia Jarman once again reminded the citizens present that Beck -2- e e . Concrete operates in accordance with the state laws and that this has nothing to do with rezoning. Debby Smith stated she is purchasing the old Methodist Church, 201 Church Street, in hopes of turning part of it into a school. The property being requested for rezoning is directly across the street from the Church which will remain a Church. Her concern is if this is going to be used as a family dwelling, a duplex or single family will it be allowed to be used as a business? Steve Simonson stated that no, they could not have GB in this area. There is an ordinance that has an application for home occupation which only allows a certain type of business in one's home. Heavy traffic, large equipment, are not allowed in this area, so such home occupation would be shut down per the ordinance. Debby Smith commented she does not live there but is hoping to have her business in this area soon. Besides the "look" of the neighborhood and keeping it a single family-dwelling area the citizens may be concerned about their children. Debby Smith mentioned in driving in the neighborhood she noticed there were quite a few children in the neighborhood. When she heard of the rezoning she was given the impression it would be part business and part apartments. This is the reason she attended the meeting. . George Stephens stated he was at the last meeting for the request from Mr. Burch who was going to place a duplex on this property. At the meeting everyone present was informed that the property was owned by Mr. Dicus. Now Mr. Dicus wants to put on this property a duplex which Mr. Dicus stated the City Inspector appraised at $95,000.00. Pia Jarman stated that the Commission does not get involved with the size of the home or the value. George Stephens stated he was just quoting what was stated at the last meeting. George Stephens said Mr. Dicus stated the duplex looks like a house but it is a duplex, also Mr. Dicus had stated that the lot had been surveyed. George Stephens stated it looks as if the lot has been subdivided into two lots with the survey stakes. George Stephens and Mr. Dicus at this time exchanged comments on what they had discused at the last meeting in the hallway. George Stephens stated that Mr. Dicus said at the last meeting that until he gets the property rezoned that Mr. Burch would not purchase the property. George Stephens stated that the Commission had blindsighted him as the Commission said rezoning only. George Stephens said that Pia Jarman at the previous public hearing told him what Mr. Burch was putting in when she read what the public hearing was about, as George Stephens did not know what was going to be on this property. . Pia Jarman advised the gentlemen that this was not the time or place to be discussing issues that were discussed elsewhere. The request is for rezoning. Pia Jarman asked Mr. Dicus if the lots -3- . . . e e were being stated it stakes on building. surveyed to be split or for one duplex? Mr. is being surveyed for one (1) duplex. There are the lot where the surveyor located the corners of Dicus four the George Stephens stated at the last meeting Pia Jarman read a piece of paper stating that Mr. Burch wanted to move a duplex onto the property. Pia Jarman said "yes" that is correct. George Stephens advised this is what initiated "the whole thing" as Pia Jarman read it and Mr. Stephens heard it. Steve Simonson stated that Mr. Burch was the one that made the request. Mr. Burch's request was denied because he did not own the property. Mr. Burch could not apply for the rezoning again. Mr. Dicus came to Steve Simonson stating he would like for his mother to be able to have a place to live, so Mr. Dicus would like to apply for the rezoning. Steve Simonson told Mr. Dicus because he was the legal owner of the property, Mr. Dicus could apply for the rezoning. Steve Simonson mentioned that he wrote a letter to Mr. Burch informing him that the Commission had felt put upon because he had requested the rezoning when he did not own the property. Our requirement by law is to send notices out for a change in zoning. The Public Hearing is where everyone gets to hear who is doing the rezoning and what it is proposed for. "We did not sandbag you, Mr. Stephens that is the public law and that is how it is done. Everyone gets the same notice and we are very fair to all the citizens." Steve Simonson stated the notice that went out did not say business or apartment. The notice simply stated to rezone from R-2 (Single Family Dwelling District) to R-3 (Two Family Dwelling District) which is clearly shown on the zoning maps that are on public display in the conference room and also at the counter inside the Municipal Building. David Bish questioned when the last meeting was as he was never notified. Steve Simonson stated the original request was in February. Steve Simonson stated by law we go to our tax office and request addresses and names of owners of all the homes within 200' of the property in question. This is how everyone is notified. Mr. Bish stated he has lived at this property for three (3) years and he never received the first notice but he did receive one for this request. Steve Simonson stated the lot Mr. Burch originally had requested to be rezoned was drawn differently and in a different location. This is why the notices went out differently this time. Mr. Dicus stated that Mr. Burch had approached him several months ago to purchase the lot. Mr. Burch had called Mr. Dicus the night before the meeting as he noticed Mr. Dicus had surveyed the lot. Mr. Dicus stated he did not know Mr. Burch wanted to move a duplex from one location to another. It did not make a difference to Mr. Dicus as he had the lot for sale. During that period of time Mr. Dicus stated his mother contacted him and told him she would like to retire and if he could find something for her to be -4- e e . able to build a house on. Mr. Dicus thought about this lot that he had and decided to take the lot off the market. This was during the time that Mr. Burch had applied for the rezoning. Mr Burch wanted to get the property rezoned before he brought the duplex from one location to another. This is when Mr. Dicus heard about the rezoning and was all for it, so he could use it for himself. David Bish commented that there is still a "for sale" sign on the lot. That doesn't look to him as if the lot has been taken off of the market. George Stephens stated Mr. Dicus said Mr. Burch would not purchase the lot from him unless it was rezoned. Pia Jarman stated we are not going to get into who said what to whom. George Stephens stated this is all pertinent to the situation of the lot being rezoned. Pia Jarman stated what was said at the previous public hearing is "all by the wayside," what we are doing now is the request from Mr. Dicus to rezone the property from R-2 to R-3. . George Stephens stated so it doesn't matter what goes on the property once it is rezoned. Pia Jarman stated that, yes it does matter. It has to meet the requirements for an R-3 zoning if it is rezoned. George Stephens stated Pia Jarman has the citizens' information but he also has information that is pertinent to this and the Commission does not want to hear the truth of what is said and what is going to be done with that parcel of property. David Richmond stated that what the Chairwoman is saying is "if you have information that is pertinent to that particular request i.e. to rezone from R-2 to R-3. We are not talking about what might be. We are talking about a piece of land to be rezoned from R-2 to R-3 and what is pertinent to that. What Mr. Burch or Mr. Dicus said or what was hearsay at the February meeting is irrelevant. This has no bearing on the request before us at this meeting tonight to rezone a single piece of property. If you have information pertinent to the rezoning, we would welcome such information." - George Stephens asked why the minutes from that meeting are kept if nothing is pertinent from that meeting? David Richmond stated because it was pertinent to that issue at the time. Pia Jarman stated the minutes were kept because Mr. Burch's request was denied. Pia Jarman stated this is a new request. The previous public hearing does not count as far as rezoning is concerned because the rightful owner was not requesting the rezoning. The request was taken from the agenda and tabled until the legal owner was identified. The rightful owner, Mr. Dicus, having been determined and Mr. Dicus having requested the rezoning, "we are here now at this meeting to rezone the property that is rightfully his. So at this time if anyone has information on why this property should or should not be rezoned the Commission will listen." -5- . . e e e George Stephens stated all the dwellings in the area are family. This area is also the forgotten part of Schertz as is no police protection, there is a dump on one side and plant on the other, there is a string of businesses on FM there is a swamp when it rains on the other side. "We are surrounded I have to live next door to a junk yard." single there cement 78 and totally Pia Jarman stated all these items may be relevant to Mr. Stephens but at this hearing we are discussing a piece of property that has been requested to be rezoned. George Stephens agreed with Pia that is correct but his property is totally surrounded and now this Commission is considerding putting in a duplex. Pia Jarman reiterated that "if" it is to be approved for rezoning it will be to R-3 (Two Family Dwelling District). George Stephens stated if it is rezoned to R-3 this will just be one more encroachment into this neighborhood which is the forgotten part of Schertz. Pia Jarman reminded Mr. Stephens if he has any complaints besides the rezoning he can either contact the City of Schertz or the State of Texas. George Stephens stated why put "one more little irritant in our neighborhood." There are nine (9) people that are against this request and don't want it. Pia Jarman explained that someone else may come here if Mr. Dicus were to sell this property and they may want it rezoned general business or commercial and Pia is sure the property owners would not want this in their neighborhood. Mr. Stephens agreed to this. Pia Jarman stated for the citizens to think about this request which is still residential. George Stephens stated he does not want two, two-family dwellings put on this property. Pia Jarman stated this information about two two-family dwellings is not true as per Mr. Dicus. David Richmond stated this is not what the letter stated that Mr. Stephens received. The letter stated the request was to rezone from R-2 (Single Family Dwelling District) to R-3 (Two Family Dwelling District). George Stephens stated this information about the two, two family duplexs is information he found out on his own and this Commission should be interested in it if the Commission cares anything about this neighborhood. David Richmond stated this is irrelevant to the zoning request. The zoning request is simply to rezone this piece of property from R-2 to R-3. This permits a two family dwelling on this piece of property. If the owner desires to subdivide this piece of property to have two pieces of property to house two dwellings that is another zoning request. -6- . . e e e Pia Jarman stated if the owner wishes to subdivide then he would have to come in and replat which is another process. David Richmond explained once the rezoning is approved, it is for one lot, a whole piece, the owner can build on one half of the property and leave the other portion vacant; there is no problem with this. In fact he has just chosen to build on one half of a single lot. He will not be able to build a similar structure on the other portion unless his request to replat is approved. David Richmond stated this public hearing is only to hear the citizens input which the Commission is hearing. At this time there is no voting on anything. Chairwoman Pia Jarman explained if the rezoning request is approved by the Commission this is not the end. There is a recommendation that is forwarded to the City Council by the Commission. The City Council will also have a public hearing on this request on May 7, 1996. 13 ADJOURNMENT OF PUBLIC HEARING: There being no new information, Chairwoman Pia Jarman adjourned the Public Hearing at 7:40 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 April 23, 1996 regular meeting to order at 7:45 p.m. '5 APPROVAL OF MINUTES: Public Hearing and Regular Session April 9, 1996 Ernie Evans advised that on page nine (9), second paragraph there is a typographical error. The word should be except instead of exceot. Tony Moreno moved to approve the April 9, 1996 Public Hearing and Regular Session minutes as corrected. Ernie Evans seconded the motion which carried with a unanimous vote. 16 STATUS OF FINAL PLATS: Pia Jarman stated there were none at this time. 17 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. -7- e e . 18 CONSIDER AND MAKE RECOMMENDATION: Request from Floyd Dicus 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 #129-96) Ernie Evans commented that the plans Mr. Dicus has drawn on his map shows the size of the dwelling to be 1200 feet. This is a relatively large size. Steve Simonson mentioned if this is, in fact, what Mr. Dicus plans on putting on this lot. David Richmond stated the only issue he felt had merit coming from the citizens, is the fact the request to rezone a piece of property which would have the potential to house a dwelling that is not single family dwelling, that is in a neighborhood that has only single family dwellings. David Richmond felt this is a very reasonable concern. Merwin Willman request. Willman doesn't mentioned this is a reasonable concern. feel this warrants enough to say "no" Merwin on the . Pia Jarman commented on the check list #3 "Granting the request would not create an incompatible use different from the surrounding property, or show favor to the property under consideration for rezoning". This is not incompatible, in a sense, that the area is all residential. Ernie Evans asked Steve Simonson in mailing the notices within the 200', these should be received back from all the citizens so they have the opportunity to have a say. Do the property owners outside of the 200' have the option of filling out a notice or would their attendance at the public hearing have any bearing on the request? Steve Simonson stated that by law all the property owners within the 200' have to be notified of a rezoning request. The other property owners are more than welcome to attend the public hearing for direct input on what is going on. There were three (3) letters that were not accepted as they were not property owners within the 200' radius. This is why Mr. Stephens was asked if he had made copies of the letters and had handed them out to other property owners. This has happened before where the notices were rewritten, given to property owners with the wrong information. The only notices that were accepted were the ones that were in the 200' radius. This being three (3) in favor and nine (9) opposed. . David Richmond stated the concern is about the compatibly. If you stop and think about any residential area, including your own, if this were coming before us for someone to rezone a piece of property that is on the corner of one of our blocks, with a duplex, it may still be residential but it is putting in a different type of housing. This can not be considered incompatible because it is -8- . . . e e still residential. It may not be compatible with the neighborhood or the surrounding area that is zoned single family. This is what the residents expressed this evening. This is a reasonable concern people have and people in any area would have this type of concern. Whether it is the "forgotten" part of Schertz or any other area of the City. Ernie Evans stated on the check list #3 is not appropriate in this particular case. Is it consistent with the design and is it consistent with the Comprehensive Plan, which it is not. Merwin Willman asked Ernie if he thinks it is spot zoning. Ernie Evans stated he does not feel it is consistent with what zoning exists and with what is there and it would not be consistent with the Comprehensive Plan. Which is number one on the check list. Rezoning this piece of property would be incongruent or not in agreement with the Comprehensive Plan as it is written today. This is a neighborhood that is designed for single family homes. Merwin Willman stated there are areas in the City where there are duplexes mixed in with single family homes. Ernie Evans stated there are several things in our City that happened several years before our time or this Commission. The concern is whether or not looking back is very educational and helpful in this case. But did the same rules apply 3, 5 or 10 years ago when other things were done. Over the years the rules have changed. This would be a mixed use of the same kind of land from a citizen's view point. In reality the Commission cannot prevent a homeowner from buying a home and then renting it out which would be perfectly legal and acceptable. Merwin Willman asked David Richmond for his input. David Richmond stated he has a hard time with the word "incompatible" but he feels there is an incompatibility or incongruence. There is a difference between R-2 and R-3 which is recognized as there has to be a rezoning request. It is residential, but it is a different kind of residential; that if it is recommended for approval for this action we are suggesting that a different kind of residential building activity could go on in a neighborhood that presently is zoned all one kind. Ernie Evans stated the key word being "district". Pia Jarman stated to keep in mind what the best land use is or best use for the citizens of the City is, for this piece of property. Ken Greenwald commented that Mr. Dicus would not even have to rezone this property if he wanted to put in two (2) single family dwellings as there is plenty of room to meet R-2 requirements. Tony Moreno moved to recommend approval to City Council for scheduling of Public Hearings on the request submitted by Floyd Dicus 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). The motion was as follows: -9- . . e e e AYES: Merwin Willman, Ernie Evans, Tony Moreno. NAYS: Pia Jarman, Daivd Richmond. Pia Jarman advised the Commission that according to the procedures there has to be four (4) in favor for a motion to carry. Steve Simonson stated the Commission can state to City Council letter that the Commission could not make a decision. The Council has to have a public hearing. The City Council will the final say if the request is granted or not. in a City have 19 CONSIDER AND MAKE RECOMMENDATION: Request from Ron Wood to rezone 4.5 acres (Blocks 39, 40, 41, 42) Nile Land and Odell Lane Live Oak Hills Ltd. from GB (General Business) to R-2 (Single Family Dwelling District). (ZC #130-96) Steve Simonson stated the information and map that was included in the packets shows only the lots that are owned by Ron Wood (in the darkened area) so these are the only lots that Ron Wood can request to be rezoned. Also in the notes it states how the original zoning came about in this area. The original zoning for the area was R-2. The rezoning being to GB (General Business) was not at the request of the existing property owners but a Planning and Zoning decision at recommendations from the developers of the Parkway. It might not be incompatible to go back to the R-2 zoning in the area excluding Schertz Parkway lots. The lots as shown on the map not facing Schertz Parkway but everything back to Mora Lane including the ones Mr. Wood is asking for rezoning would be rezoned back to R-2. This is a suggestion for the Commission to consider. The area was always zoned residential. When Schertz Parkway was built the developers of that land at that time requested the City to consider commercial zoning the length of Schertz Parkway, that area which was in their property and the areas which were not in their property i.e. Live Oak Hills. The developers did not own Live Oak Hills but they asked the City to consider it. It is stated in the ordinance that the Planning and Zoning has the right without a request to rezone the property. This is a possibility for the Commission to think about. Councilman Ken Greenwald stated at the time the zoning was accomplished the road was put in as there was no road there. The only access for Live Oak Hills was off of FM 1518. Back in the early 60's someone bought a lot subdivided it and then put in a substandard road. Mr. Wood has a plan to bring water and sewer in and would like to develop it as a residential area which was what it originally was. Pia Jarman asked if the current zoning GB is only to the depth of 500'. Councilman Ken Greenwald agreed. Ernie Evans rezoned R-2 doesn't own stated he doesn't feel parts of the area should be and leave the other parts GB. Being that Mr. Wood the entire property it would benefit the City that the -10- e e ~ remaining property be compatible with the rest of the area. David Richmond stated he is in agreement with combining the suggestion from Steve that the remaining lots be rezoned. The only problem is all of the remaining single lot property fronting Schertz Parkway which amounts to a 120' buffer, against the back of these properties facing Odell Lane. David is in favor of making all of these residential, but the way it is configured it is not a situation like Carolina Crossing, where the residential properties back onto Schertz Parkway. Whether these lots on Schertz Parkway are business or residential there cannot be all these curb cuts onto Schertz Parkway which will not be a very good situation but there is not a way of getting around it with the present nature of the property. . e Ernie Evans amendments. with asked if it could be put into Pia Jarman advised that it could. one motion David Richmond proposed to request the lots behind the residential lots to NS (Neighborhood Services) instead of GB (General Business. David Richmond moved to recommend approval to City Council for scheduling of Public Hearings on the request submitted by Ron Wood to rezone 4.5 acres in Live Oak Hills subject property being lots 1, 2, 4, 5, 6, 10, 13 in block 39; lots 1, 2, 4, 5, 8, 9, 10, 12, in block 40; lots 6 and 7 in block 41; and lots 2, 3, 4, 5, 9 in block 42, Nile Lane and Odell Lane in Live Oak Hills from GB (General Business) to R-2 (Single Family Dwelling District). In addition, the Planning and Zoning Commission recommends to further rezone the remainder of lots in blocks, 39, 40, 41, and 42 in Live Oak Hills from GB (General Business) to R-2 (Single Family Dwelling District) with the exception of lots 9 - 16 in block 41; lots 10 - 18 in block 42 which are requested to be rezoned from GB (General Business) to NS (Neighborhood Services). Tony Moreno seconded the motion which carried with a unanimous vote. 110 CONSIDER AND TAKE APPROPRIATE ACTION: Bradfute, Preliminary Subdivision. (PC #267-96) Request from DA. Plat for Bradfute Steve Simonson stated there are two (2) items on the site plan that will need to be corrected: the electric company is GVEC and not CPS and the flood plain statement should be "D" instead of "C". The date is correct as there was a letter of map revision received from FEMA to take this area out of the flood plain. DA Bradfute stated he is the president of Bradzoil Inc., a family owned corporation. They have just recently purchased 13.6 acres at the corner of Borgfeld Road and FM 3009 with the platting of two (2) lots. Lot #1 being at the corner of FM 3009 and lot #2 being adjacent to it on Borgfeld Road. The plans are to build a 10 minute oil change on lot #1 at the corner to face Borgfeld Road. Bradzoil Inc. operates the same type of business, very successfully, in New Braunfels, Seguin, and San Marcos. The -11- e e ~ success of their type of business is very dependent on cleanliness and professionalism. The building is constructed with concrete block, using a variation of Pennzoil building plans, that meet or exceed most national and local building specifications. Their business is very environmentally friendly having all used oil and filters hauled away to be recycled. All locations are state registered collection centers for used oil and filters. Bradzoil is an independently owned corporation; by local family members that believe the business should be one that people would want in their neighborhood. The company plans later to employ 12 to 14 employees, with an annual payroll of about $240,000.00. Lot *2 will be cleaned off with the intent to rent out this piece of property. Also GVEC has asked to be granted an easement to go underground with their power lines across the property and across Borgfeld to the corner store. The building will be built facing Borgfeld due to the traffic on FM 3009. Pia Jarman questioned the building setback on lot #1 being 50' and lot #2 on Borgfeld Road being 25'. Steve Simonson advised this to be correct. Merwin Willman moved to approve the preliminary plat submitted by DA Bradfute, for Bradfute Subdivision with the corrections; the flood plain being corrected from "c" to "D" and the statement for the electrical company to be "GVEC" in stead of "CPS". Ernie Evans seconded the motion which carried with a unanimous vote. . 111 CONSIDER AND TAKE APPROPRIATE ACTION: Continental Homes, Master Crossing Subdivision. (PC (Tabled 2-13-96) Request from Plan for Carolina #257-96) Chairwoman Pia Jarman took this request from the table. request was tabled 2-13-96. This Steve Simonson stated in correcting his notes, the master plan was revised on 3-8-96 with the correct number of lots as set aside with the 30% not exceeded. This is the revised master plan with the number of lots per unit and the percentage as requested when this item was tabled. This area has been rezoned by City Council and is now R-6 excluding the two (2) lots fronting on the Savannah Drive off Schertz Parkway which will be GB. Merwin Parkway area? Willman questioned in Unit 4 it shows an exit onto "exit only", what type of gating will there be Schertz in this David Matlock stated this would be an exit only gate. Ernie Evans reiterated that one side of the street would have a blocked gate with the other side being removable. David Matlock agreed. . Steve Simonson stated that this master plan has been reviewed by the Fire Department. Based upon the information they have on the -12- e e . type of gating for exiting and entering, they have no problem with this type of layout. Merwin Willman moved to approve the Master Plan submitted from Continental Homes, for Carolina Crossing Subdivision. Tony Moreno seconded the motion which carried with a unanimous vote. 112 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Continental Homes, Preliminary Plat Carolina Crossing Subdivision Unit 1. (PC #268-96) Steve Simonson stated the one (1) item missing is the 50' building setback along Schertz Parkway. The ten (10) foot greenbelt was put in and the one (1) foot non access easement and all other items considered have been taken care of. The only item missing which will be included on the final plat is the parkland dedication fee statement according to the ordinance. Ernie Evans asked if they are requesting a variance to the 50' building setback for Schertz Parkway. Steve Simonson stated on the request form they are requesting that depending on trees to encroach instead of 50', 40' on lots that have trees that will be affected. The only consideration will be if Schertz Parkway is developed the way the Commission would like behind this wall plus the green space the walking path, berm and the street, the house would be about 80 to 90 feet away. . Tony Moreno questioned that in granting a variance like this, how is the determination made as to whether they will use the 40' instead of the 50'. Steve Simonson stated if this is granted, each one of the lots would have to be approved by him. The home building information would be given to the inspection department if it encroaches into the 50' building setback it would have to have "my recommendation for the variance. The only variance would be from 50' to 40' on Schertz Parkway." Steve Hanan stated that going north onto the site there is an area at both ends of the subdivision where there are many trees close to Schertz Parkway. When you get up closer to where their street is there are some nice trees. Once it is cleared out they hope to be able to tell how many trees will be saved. There aren't as many trees towards the back as there are towards the front. Steve Simonson will be able to by the variance variance. stated the variance is stating only the lots that save trees will be the ones that will be affected as stated on the form. This is not a blanket Ernie Evans stated on the second sheet, on the notes, the comment on lot 74 block 1 includes all private streets. . Steve Simonson stated this is designated on all the streets as private streets are not designated as ROW's. This is the same statement that was required for Berry Creek. -13- e - . Pia Jarman stated on page 1 the cul-de-sac at the end of Peach Tree Lane block 9 is 35.54' the pie shaped lot. Steve Simonson stated this is the curb radius. Pia Jarman questioned how wide the houses would be for example, in above mentioned lots. Steve Hanan stated when you get back to the setback line at 25' depending on the lots they will be either 55' or 60' at the building setback line where the house will actually be. There will be 15' between houses. Merwin Willman stated that with this being a gated community with a fence all around it, under the notes on the plat there should be a statement stating there will be a mansonary fence all along Schertz Parkway and also what other type of fencing that will be around the subdivision for future reference. Tony Moreno moved to approve the preliminary plat submitted by Continental Homes, for Carolina Crossing Subdivision, Unit 1 to include the variance to the Schertz Parkway 50' building set back for a 40' rear building setback, only on the lots that have trees; and to include the notes on the plat as discussed. Ernie Evans seconded the motion which carried with a unanimous vote. 113 CONSIDER AND TAKE APPROPRIATE ACTION: Request Hunter, on Site Plan Pes ado of Company, Inc. (PC #269-96) from William Construction . Steve Simonson stated this is in the Vestal Subdivision. On the site plan there are the landscaping proposal, the type of fence and the location, the various storage areas, septic field, also where the exterior lights will be placed on the back of the building and the back of the fence. If you were to drive up there at night, you will notice American Freightways has such great lighting that it lights up this area also. The only thing that is missing with the drainage easement being behind this property, there is no gate to keep the drainage ditch mowed and maintained. William Hunter stated this would be no problem there will be a gate so there will be access to maintain the drainage ditch easement. Pia Jarman asked if a gate at the six foot mesh fence would work? Steve Simonson stated that would be fine and if the Commission would approve Mr. Hunter could note this correction on the plat that will be for the record and sign and date it. Merwin Willman questioned what type of identification would there be? Mr. Hunter advised that there would be no sign on the building as they do not deal with the public. There will be a small 12" x 16" plaque some place, with information on how to contact him in case of an emergency. This could be placed on the mailbox. But there will be no sign on the front of the building. e Steve under Simonson advised the Commission the gate will be located 42E. It will be a 16' gate. The plat was signed and dated -14- . ~ - e e e by Mr. Hunter for the official record with the gate's location as noted. Merwin Willman moved to approve the site plan for Pesado Construction Company, Inc. submitted by William Hunter. Tony Moreno seconded the motion which carried with a unanimous vote. 114 CONSIDER AND DISCUSS: Comprehensive Plan Steve Simonson stated it is time to bring the Comprehensive Plan forward. There is no sense waiting until the UDC is done. If the Commission is in agreement the Comprehensive Plan can be put on the agenda for the Commission to begin working on it. Pia Jarman stated with no further discussion the Comprehensive Plan will be put on the next agenda. 115 GENERAL DISCUSSION: Tony Moreno: Tony Moreno stated he and Steve attended a luncheon about a week ago the presentation was from Charette Developers. The gentleman that did the presentation gave a view of a different type of urban design criteria. It had to do with using the land topography to develop land. The way to do this is to get to the developers before they submit plats. This group would be willing to work with the Commission and the developers that are wanting to find out about Schertz. This sounded very interesting with Steve mentioning this could be worked in with the Comprehensive Plan, by doing another chapter in the Comprehensive Plan on a vision on the development on Schertz. Pia Jarman mentioned she understood they also talked about cluster housing perhaps using smaller lots but also allowing for larger open areas. Tony Moreno stated this was correct and another key visual it was done in a way to describe a Village. They never did mention PUD but they did mention everything a small City would have like a school, community activities, with this being close together, but with plenty of land surrounding it for parkways, walkways, green areas, and parks etc. for people that want to get involved. Tony stated he feels the Commission could come up with a chapter for the Comprehensive Plan that could do with our vision of development. It would be areas where you do not drive. There were two areas that they talked about in California (Davis) which was done in the 60's. This area is not sold; the properties go from generation to generation. The prices on the property is 25 to 30% more than the surrounding properties as people want to move into these areas. Merwin Willman commented that they stated they would work with us. Is this a company or business? Tony Moreno stated this is a design firm. Their fees being very reasonable and they would work with a City and come and make a presentation to whomever is interested. -15- e e . Merwin Willman asked if there is a name for this design. Moreno stated this approach is called the new urbanism. envisioned an area on 1604 and 281. Tony They steve Simonson stated there is a big ranch in this area. They were coming in with a standardized subdivision with the group working with them with a different design with more green space. The argument from the Planning Director of San Antonio was that the developers will not buy it. This group's argument is there is a lot of money moving into cities, who says someone won't buy it sometime. There has to be a vision of something else instead of the same cookie cutter subdivisions. Ernie Evans stated this is probably worth looking at because these small "villages" are much more appropriate than these 600,000 800,000 home subdivisions that are "mega nothings." Just as they can go to pot as it has happened in other areas. St. Louis county spent mega millions of dollars developing these villages. They did this with 100 homes surrounded by a school in the middle and the essential elements around the outside perimeter they still survive today. Those, however, that have 300 homes or more in this village community look worse than some of the things you will find in San Antonio. The reason they did not survive is they were too large. This is probably what they are talking about; the pro's and con's need to be looked at. e Ernie Evans: Ernie Evans mentioned the article in the Herald on Councilman Ken Greenwald's situation with the changing of mortgage companies and not knowing and finding out later. Ernie Evans asked Steve if on the last site plan for Pescado, was there supposed to be a vicinity map? Steve Simonson stated "yes" it is on the check list, but being that Vestal Subdivision was already platted this is part of the platted subdivision. Merwin Willman: Merwin Willman stated in the ordinance rezoning Carolina Crossing, it doesn't mention the variance. This is a legal document and will need to be amended to include the variances. The City Council also approved the variance, it just was forgotten in the ordinance. Councilman Ken Greenwald stated when Norma typed the ordinance it was left out and can be amended. We will need to let Norma know. Merwin Willman asked what the status is on the annexation? Councilman Ken Greenwald stated it would be coming up shortly. ~ David Richmond: David Richmond stated he would like to commend the Sun for their -16- . - 4 e e April 17th article "Growing Pains Hitting Schertz and the Northeast Suburbs". A lot of good publicity for the City of Schertz. People that have moved from San Antonio to Schertz liking the ambience that we have to offer. The other comment was the City of Cibolo administrator saying out here it is just like "Mayberry". They also pointed out that only 25% of Schertz has been developed. David Richmond mentioned the cars for sale on Woodland Oaks Drive are changing a lot. We have gone from Jaguars and Winnabagos to pick-ups. The used car business is a booming business in this area. David Richmond stated at the last meeting Merwin made the about brother "Woody's" sign being removed after 30 days. is still there. It needs to be removed. comment The sign Steve Simonson stated a letter to the landlord will be sent to have the sign removed. Pia Jarman: Pia Jarman stated on Sunday there was an article in the paper about ready to use space often the reasons firms move out of San Antonio. There was mention of firms moving into Schertz. Councilman Ken Greenwald: Councilman Ken Greenwald stated the gentleman that owns DSI is requesting a tax abatement. He has two sons who are his partners and who bought houses in Ashley Place. This is how he heard about Schertz and wanted to bring his business to this area. The article does point out some good things; if the City had money to build a couple of large warehouse buildings it could be turned over very, very, quickly. Anything is possible. Councilman Ken Greenwald mentioned the article in the Herald was done wonderfully with the point he was trying to get across. Apparently Ken's loan was sold twice in less than 6 months. In the process of being sold and picked-up by another bank out of state they had no idea of the Texas laws or taxing entities. When Ken contacted them by phone they attempted to tell Ken the numerous entities in the state of Texas cities and counties had consolidated last year. This is why there was only one payment. Councilman Ken Greenwald preceded to tell the woman who he was. There was a deathly silence at the end of the line. Councilman Ken Greenwald has sent back all of the money and advised them to recalculate. At this time Councilman Ken Greenwald has not heard any more. He has had quite a few phone calls from citizens with basically the same problem. They received a check and didn't know why. Even though the individuals are responsible for the taxes, all interest and penalties will have to be paid by the bank. Steve Simonson: -17- . e ~ Steve Simonson stated he had no other comments. 116 ADJOURNMENT: Ernie Evans moved to adjourn the meeting. David Richmond seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 9:55 p.m. The next regularly scheduled meeting is May 14, 1996 at 7:00 p.m. . /vnlA.Q/\./ an, Planning and Zoning Commission Schertz, Texas ATTEST: . , rf~/ 1 'j/: Planning cretary City of Schertz, Texas -18-