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07-23-1996 LING AND ZONING MINUTES e . The Schertz Planning and Zoning Commission conducted a Public Hearing on Tuesday, July 23, 1996 at 7:00 p.m. in the Municipal Complex Council Chambers, 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 KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT GARY WALLACE (VACATION) ERNIE EVANS (WORK RELATED) KEITH VAN DINE (WORK RELATED) T.J. Cantwell, Woodland Oaks Units 5B & 6B Barry Sanditen, 3009 Partners (Forest Ridge) James Harden, 16940 IH 35 North Dan & Ruth Ann Knight, 913 Fawn Drive Arthur & Jean Weidman 1117 Fawn Drive Doyle Woodman, 2107 Persimmon Drive Edward Muro & Elizabeth Askew,2520 Hidden Grove Harvey Land, 1213 Fawn Mae & Maurice Mylius, 1101 Fawn Drive E.E. Workmon, 2728 Poplar Grove Robert King, 2700 Kline Harry Richburg,1005 Fawn Jack & Ann Ladds, 921 Fawn John Durbin, Veytia Partners Sam Bledsoe, MBC Eng. Charles DeLong, 2600 Hidden Grove Charles McDonald, 2629 Cotton King Bill Armstrong, 1025 Fawn Ann Mazian, 917 Fawn Mike Cude, Cude Eng. Mike Lancaster, Lancaster Development John Cuntay, American Standard Tim Pruski, Carolina Crossing . . e e . T.J. Cantwell, Cude Eng. John Krauss, American Standard Patrick Brewer, American Standard #1 CALL TO ORDER Chairwoman Pia Jarman called the Public Hearing to order at 7:02 p.m., a quorum being present at that time. Pia Jarman explained the procedures to be followed at the public hearing and thanked everyone for their concerned interest. The City Council public hearings will be held August 6, 1996. 12 PUBLIC HEARING: To Receive Citizen Input on a Request from Mike Lancaster to rezone approximately 10.2 acres on Dimrock and Woodland Oaks Drive from NS (Neighborhood Services) to R-6 (Single Family Dwelling District Gated). (ZC #133-96) . 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 thirty-two (32) letters sent; six (6) were returned with two (2) in favor and four (4) opposed. The letters that were opposed are concerned with the amount of residential homes versus NS (Neighborhood Services) and Commercial property. There also was mention of the increase in traffic on FM 3009. . Mike Lancaster stated the reason for the zoning change is to have a single family subdivision to be built on the land. In talking with the Homeowners Association Officers about working together to enhance the two entries on Dimrock and Woodland Oaks Drive, there has been talk about doing some matching signage and improving the landscape area along the entrances. In working with the City of Schertz to prepare budgets and deed restrictions for the property to ensure quality development so that there would be sufficient funds to cover any street maintenance costs of the gated community in the future. Most of the neighbors have been contacted either in person or by phone to see if there were any questions or comments on this proposal. The people that are in opposition to this rezoning are not really opposed to the gated community, but just opposed to the ratio of residential versus commercial property as they feel the City of Schertz is getting too much residential development. Their concern was from a tax point. In running some calculations you can put about 10,000 square feet of a retail building per acre. In having a little over 10 acres this would allow for up to 100,000 square feet of retail on the property. In talking with the taxing authority the average valuation would be $40 to $45 per square foot which would bring the total taxing value up to about 4 to 4 1/2 million dollars. If we build 40 $100,000.00 to $110,000.00 homes in this area, it would be in the same range. From a tax valuation stand point there is not a great difference -2- e e . having commercial versus residential. Charles McDonald, 2229 Cotton King, stated he is opposed to the proposal. He feels this is not the best land use for this land. The land has been zoned commercial and it needs to remain commercial. As far as the tax being equal on the improvements being true. But the ad valorem tax on personal property going into commercial status is taxable. There could be a million dollars in personal property that is taxable. As a retail outlet there also would be sales tax generated. Home Depot in Windcrest does 90 million dollars a year in sales. This is 9 hundred thousand dollars in sales tax. In a retail environment there also is sales tax revenue. The one thing that does concern Charles McDonald is that the City is rezoning all of its prime commercial property to residential. On FM 3009 with easy access this is an ideal area for a Medical Clinic. The other concern is the one entrance onto Dimrock with Dimrock not being a thoroughfare but a residential street. There does not have to be increase of traffic on Dimrock like there is with Pulte now going through with trucks. Another question is the emergency ingress/egress width which seems to be pretty narrow. As far as the comment by Mr. Lancaster mentioning the entrance sign becoming more attractive, any commercial development would also be willing to make these improvements. Also in talking with people worrying about maybe looking at a house or dumpster over their back fence, even if it is commercial, in the ordinance, they have to have their dumpters screened in. What is the best use of the land economically? . Ty Briscall, 2608 Hidden Grove, stated he is opposed to the change. This is one of the last flat areas on FM 3009 until Elbel Road, where there is an agricultural area with trees and a flat area. FM 3009 does have a lot of trees and valleys for development so this is a prime piece of property. On looking at FM 3009 to FM 78 and IH 35 in terms of business, with the exception of Autumn Winds and the two Churches there is only a couple of ice houses. There is the new quick lube and the existing real estate business. There needs to be some more businesses developed. In the original master plan that was done a few years ago, this was taken into consideration and this needs to be a part of what the Commission should be considering. Living in Schertz 14 years, the tax increases have been quite reasonable. With all the new housing, there is going to be a need for more services, school district etc. which will affect our property taxes. As for the concept of a gated community, Schertz has always been a very safe place to live this being the reason Ty lives out here. A gated community gives the sense of a safer place and this will be right next to him. This may be a marketing tool to use but Schertz should be putting on a positive note rather than that of "we are going to protect you from the elements". . Robert King, 2700 Kline Circle, stated he is for the request by Mr. Lancaster simply because of the fact that it is a known factor. Right now it is zoned commercial, unknown future. In hearing from some people, they would love to have a medical clinic go in there. -3- . . . e e This is true but no one has gone out to solicit anyone from the medical field to build in this area. With all these dreams, this is not going to happen. With having a good known factor that good solid citizens would be in this area rather than an unknown factor and a strip commercial of who knows what. E.E Workman, 2728 Poplar Grove, said when Mr. Lancaster made his presentation to their board he showed a tremendous courtesy in stating what he was going for. The board could not really fault the concept that he was going for. He was commended for this. The board could contemplate what was coming and fault it if the board saw some specific problem items. The consensus of the board at the time was that it had no objection to the plan Mr. Lancaster presented. Since those days, in talking with more people throughout Woodland Oaks, the more they are saying they wouldn't mind one or two story single family units in contrast to an unknown commercial development. The people in the area enjoy the rise of the ground and the trees blocking the houses. Mr. Lancaster has assured them of his proposal that this will be honored if he was granted the right to build. Also that the developers that plan construction of this type will comply with all of the desires and the will of the Planning and Zoning and the City Council and the rules in order to take care of such things as wide enough roads, spacing, traffic, safety and the whole works in conjunction with the rest of the residents. Mr. Workman stated he supports this request as do many homeowners who are not present. At the same time it is recognized that there is a community of difference in view points. Thank goodness for this. Mike Lancaster stated that in hearing some of the concerns, if a commercial business was to go in this area, those beautiful oak trees will not be there, because no one is going to pay for the land to put a commercial business to see trees and not their sign. This is an unfortunate reality of a commercial development aspect. Even though houses can not compete with property taxes on sales tax and personal property, these taxes would be starting in the next year or two, instead of the next three to five years and slowly being phased in. Not knowing what kind of time value there is over a period of time, commercial use will probably fare better from a taxing stand point. But from the stand point of the neighborhood and the residents backing up to those commercial properties, they will not fare as well, nor will the value of their homes or the entry into the existing subdivision. From a traffic stand point there will be forty houses exiting out onto Dimrock. To be able to get back through the subdivision you would really have to wind through to get to Ashley Park and to Schertz Parkway. Most of the traffic will exit north on Dimrock and either go east or west on FM 3009. Mike Lancaster stated there is going to be 1.2 acres out of the tract of land being left for a small neighborhood services type of business. This will provide services to complement the subdivision. Mike Lancaster will be building a building in this area that may provide services like a medical clinic. This will -4- e e . provide the personal property and sales taxes mentioned previously. . . Pia Jarman questions. asked if the Commissioners There were none at this time. had comments any or Chairwoman Pia Jarman adjourned the public hearing on this item at 7:23 p.m. 13 PUBLIC HEARING: To Receive Citizen Input on a Request from Sam Bledsoe, MBC Engineers, to rezone approximately 121 acres on FM 3009 from PUD (Planned Unit Development), GB (General Business), M-1 (Manufacture District Light) to R-6 (Single Family Dwelling District Gated). (ZC #135-96) 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 forty-two (42) letters sent; five (5) were returned with two (2) in favor and three (3) opposed. One of the letters returned was opposed as it was assumed, there would be low income housing. Sam Bledsoe stated the 121 acre tract will consist of 333 lots of a mix of 55' X 65' in width, to 65' X 75'. Most of the smaller lots being in the northern section of the tract with the larger lots being in the southern section. There will be an Estate section in the most southerly section by the CPS easement: these lots being 100' X 150' in depth. This section, the Estates area will not be gated. One of the concerns was with the continuation of Weiderstein Road through this development as this is part of the City's major thoroughfare plan. The owner has made provisions to carry Wiederstein Road up through the end of his property, which stops about 300' from FM 3009. This continuation could be another development. Barry Sanditen, the owner of the property, stated the smaller lots will range in price from $120,000, to $150,000 with the larger lots being $200,000. In participating with the planning of this development there has been a lot of thought given to the terrain of the property, location, and what will abut it in the future which will be the back of retail centers. There is a mobile home park that abuts the property in the southwest corner. It seemed appropriate to put smaller lots up near the commercial property, and back toward the treed area and existing residential areas to increase the size of the lots and increase the value. One of the big problems with this site was having to accommodate the major thoroughfare plan of the City of Sch~rtz for Wiederstein Road. In having a couple of national builders, that insisted on this site being gated, to which not everyone is in favor or opposed but then "you can't satisfy everyone in any given situation". This development will accommodate both in going to the extra cost in dedicating the ROWand the expense to build Wiederstein Road in hopes to be able to do this in phases. The negative factor -5- . . . e e involved in this tract of property is the power lines that run through it. This keeps the builders from being able to put houses right up to it. This is also abutting up to a lot of retail on the corner and also backing up to the HEB's service entry. The Barshop owners have deed restricted the developers only to build single family residential on the whole 121 acres, which is currently zoned industrial. Ann Ladds, 921 Fawn Drive, asked if there are deed restrictions? Barry Sanditen stated that "yes" there are deed restrictions. Ann Ladds questioned what the building setback restrictions are for the back, front and sides of the property? Barry Sanditen stated 25'front and back. Ann Ladds stated there is a 75' greenbelt promised to the residents on Fawn Drive and is this still in the plan? Barry Sanditen stated if this is not, it can be accommodated. Sam Bledsoe stated that there was an understanding that a 75' greenbelt would be established between the Deer Haven residences and any commercial/industrial development that could abut their property. Ann Ladds stated being this is now being zoned residental "are you going to be doing away with the greenbelt". Barry Sandi ten stated there will be a berm but it may not be the 75' greenbelt as that was for commercial development. Ann Ladds stated most of the homeowners that live there, would like to know exactly what is going to be put behind them as far as any sort of buffer zone. With a 20' setback in the back, "most of us who spend most of our time in our back yards around our pools, could have a house within 20' of our fences". Most of the residents that Ann Ladds has talked with have no objection to residential development. "We welcome it and would love to see it". Personally, Ann would rather look in her back yard over her fence and see a residece than a loading dock or a dumpster. But before it is rezoned Ann Ladds would like the Commission to take into consideration that the reason they moved out in this area in the first place was for peace and quiet. The residents would like for a greenbelt to be put in behind their property. This may be a place where the jogging path could go. The residents are not in favor of having houses put right up to their fences. The 75' that was promised by Barshop was going to be landscaped and bermed so the commercial would be blocked from view of their property. James Harden, 16940 IH 35 North, stated he owns the property to the west of the proposed zoning change. The proposal is showing small lots abutting his property. Mr. Harden owns a nursery which is agricultural and also a business. All the small lots that will be abutting are going to want to have a patio. The nursery is going to be expanding into this area. There will be tractors, spraying of insecticide which is state regulated. The residents are not going to want this type of business behind them. Mr. Harden -6- . . . e e stated he is not opposed to the subdivision, his main concern is all of the smaller lots backing up to his property with a 20' rear building setback. Mr. Harden stated he would like to see a 50' rear building setback so in 18 years someone is not going to come to him and advise him he needs to put a greenbelt on his property. James Harden stated for the record he is opposed to the entire subdivision. Bill Armstrong, 1025 Fawn Drive, stated 3 1/2 years ago he bought his house from Mr. Harry Richburg even though the house was too small, the neighborhood was beautiful. The one thing that sold him on the house was the 75' to 100' easement at the rear of the property as a greenbelt. Having two little children the neighborhood was a nice place to be able to raise a family. There are times anyone could walk up Fawn Drive and you may not see a lot of people in their front yards because everyone is in their back yards. You will see every morning and evening deer roaming in this area. Mr. Armstrong stated he is not opposed to the rezoning as such, it is the 75' greenbelt that is a concern. This was promised to their community as such. Most of the residents bought property in this area because of this. If the Commission could please take this into consideration on making their recommendation to the City Council. Charles McDonald, 2629 Cotton King, stated he is opposed rezoning because of the utilization of the land. This commercial property on IH 35. If the property was cut the mobile home park this would keep more of the property that we need in this area. to the is prime back with commercial Pia Jarman asked Steve Simonson for specific classification on the zoning of this property at the present time. Steve Simonson stated all of the property that Barshop retains, if this portion is rezoned, all the remaining property will be commercial property. The property is a PUD (Planned Unit Development) but it is commercial PUD. All the land about 800' deep along IH 35 from the Mobile Villa Subdivision to the HEB complex will be retained as commercial. About 300' to 350' of FM 3009 from the Seguin Bank down to the Froboese property will remain commercial. Barry Sandi ten stated Barshop still owns all of the commercial property in front of this proposed subdivision. They will not sell this property. Harry Richburg, 1005 Fawn Drive, stated his property backs up to the proposed Estate part of the subdivision. Mr. Richburg is in favor of the development of the Estate lots but like the other residents Mr. Richburg still feels there needs to be a greenbelt. Joanne Harden, 16940 IH 35 North, stated this proposal is very negative when the homes are going to be so close. The Hardens don't mind homes per se, but with everyone today, they like their piece of the woods and to be able to use their property. No matter -7- e e . what you do there are some people that you cannot please. property has at times become a dump site with people putting trash etc. In spite of these experiences they have been neighbors. When you have people too close to the fence line tend to have their noses in other peoples' business". Their oil, good "they Merwin Willman stated this is going to be a gated community with a fence all the way around it, with an electric gate at the entrance. The business of jumping a fence or going through a fence is not going to be done unless they go over a 6' fence. Willadean Land, 1213 Fawn Drive, stated she doesn't want to be treated like the people in Deer Haven with the water drainage. Being on the corner water comes into her property now. With more pavement there is going to be even more water. Art Weidman, 1117 Fawn Drive asked with this being community if Wiederstein Road is going to go all the way then the Estate property cannot be gated. a gated through, Pia Jarman advised that the Estates will not be gated, the gated part will be for the other portion. Chairwoman Pia Jarman asked the Commissioners if they had any other comments or questions. 4It Chairwoman Pia Jarman closed the hearing on agenda item #2 at 8:04 p.m. 14 PUBLIC HEARING: To Receive Citizen Input on a Request from the City of Schertz to rezone approximately 8~61 acres on Schertz Parkway and Elbel Road from R-4 (Apartment/Multi-Family Dwelling District) to NS (Neighborhood Services) (ZC #136-96) 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 nine (9) letters sent; two (2) were returned with the two (2) letters in favor. Sycamore Creek was one of the letters returned in favor. John Durbin stated he is representing Mr. Veytia and they opposed to the rezoning change. At this time Veytia Partners requesting the R-4 zoning to remain on a permanent basis. It been two years in which they asked for the zoning to continue the present classification. Although they have been unable to the project off the ground, Mr. Durbin still feels this is highest and best use for the property and the best thing Schertz. It is their goal to continue to pursue financing for project as well as for Joint Venture Partners. are is has at get the for the . Pia Jarman construction stated on the original zoning it was contingent starting within 6 months, which was back in the -8- upon fall . . . e e of 1994. Since this time there has been several six month extension requests that have been granted. When the last extension expired several letters were sent to.Mr. Veytia with no response. Therefore the Commission assumed there was no more interest in this property. The Commission would like to stay informed, otherwise there seems to be no seriousness of intentions in developing the land. John Durbin stated the goal is to pursue some kind of means to put multi-family on this property. Pia Jarman asked if Mr. Durbin could give any new information other than information that has been given before. John Durbin stated there is not any new information of significant form. The most recent step is a preliminary discussion with an out of town developer making the land into a joint venture with HUD financing. Merwin Willman stated he is reluctant to grant another extension with all the letters that have been sent and no new information to keep us informed being returned. This seems to be an indication that they no longer have an interest in the property. Chairwoman Pia Jarman asked the Commissioners if they had any other comments or questions. Chairwoman Pia Jarman closed the hearing on the Veytia property at 8:11 p.m. 15 ADJOURNMENT OF PUBLIC HEARING: Chairwoman Pia Jarman adjourned the Public Hearings at 8:11 p.m. The Schertz Planning and Zoning Commission convened in a regular session, after the Public Hearing, in the Bob Andrews Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. The agenda was as follows: f6 CALL TO ORDER: Chairwoman Pia Jarman called the July 23, 1996 regular meeting to order at 8:19 p.m. f7 APPROVAL OF MINUTES: Public Hearing and Regular Session July 9, 1996. Merwin Willman moved to approve the July 9, 1996 Public Hearing and Regular Session minutes. Tony Moreno seconded the motion which carried with a unanimous vote. f8 STATUS OF FINAL PLATS: Pia Jarman stated there were none at this time. -9- e e . 19 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. #10 CONSIDER AND MAKE RECOMMENDATION: Request from Lancaster on the above ZC #133-96. Mike Steve Simonson stated Mr. Lancaster has submitted the by laws, covenant, and a suggested budget for the Homeowners Association. The budget on the maintenance for the subdivision has been submitted to Ford Engineering. Mr. Ed Ford returned the proposed budget stating it is fully funded from day one for this subdivision. Our lawyers are working on the final stages now on the maintenance which is required in our UDC. Tony Moreno asked if the rezoning to the City Council would include the 55' lots as part of the motion? Pia Jarman stated if this is the Commission's request than it would have to be part of the motion. . David Richmond asked Mr. Lancaster what his estimate would be for the starting prices on the homes? Mike Lancaster stated the price of the lots dictate the price of the end product. By cutting the density down increases the lot price. The builder rethought the entire project and came up with new floor plans and felt there would be a successful project with the houses starting at the $100,000 to about $115,00.00 range. With the masonry it will be about 75% instead of the 25%. David Richmond stated in one of the comments made at the Public Hearing it doesn't seem as if Mr. Lancaster's thoughts for the piece of neighborhood services district that is being left has ever been discussed. Mr. Lancaster's comment of intention to build a building on this property for NS, so it is his intent to develop that portion. Mike Lancaster stated he can only do so much at a time. two tenants that have been in contact with him that interested. There are some site plans being prepared There are are quite David Richmond stated he is pleased to hear this as that was some of the concerns with the citizens. Most of the people were under the assumption that everything on FM 3009 was being rezoned residential. . Merwin Willman stated it bothers him when people feel "we are giving away all of the commercial property". Many years ago this whole area on both sides of FM 3009 was zoned GB (General Business). The plans were for this to be all up and down FM 3009, until Schertz Parkway came in. When Schertz Parkway came in it was decided that it would be our main business area and FM 3009 would go back to residential and small businesses this was the reason it was changed to NS. There are still areas further down on FM 3009 for business development. When the changes were made the residents -10- e e 4It had no objections. Tony Moreno moved to forward to City Council with approval from Planning and Zoning the request submitted by Mike Lancaster to rezone approximately 10.2 acres on Dimrock and Woodland Oaks Drive from NS (Neighborhood Services) to R-6 (Single Family Dwelling District Gated), with the proviso that a variance for 55' width lots with total lot dimension of 6,000 square feet minimum be granted. David Richmond seconded the motion which carried with a unanimous vote . . fl1 CONSIDER AND MAKE RECOMMENDATION: Request from Sam Bledsoe on the above ZC #135-96. Steve Simonson stated he had no other information than that presented at the public hearing. David Richmond stated his concern echoes what was said in the public hearing. The residents on Fawn Drive felt a buffer was appropriate and promised, at least when the property was intended to be commercially developed. There is a similar reasonable concern on the other side voiced by the Hardens for some type of a buffer between their property which obviously is different from the proposed residential subdivision. The concern about the smaller lots was not quite understandable. Regardless of a small lot or large lot, there is still a person in the back yard who may ingest the insecticide or whatever they are spraying. Whether they are small lots or large lots is inmaterial. The fact that it is residential lots and the people will be bordering on a piece of property that is an agricultural piece of property that is likely to be further developed as a nursery. This issue raises concern on that side of the property as much as the concerns voiced by the residents along Fawn for the possible buffer between them and the proposed Estate section. While David will commend the developer on the proposal as he has done a lot of hard work since the last meeting in acquiescing to the City plan of continuing Wiederstein Road through the property, doing so to his detriment by not being able to fence off or gate off the Estate side of the property. There is still adequate concern by the people around the potential property for some type of land buffer be it a berm or a particular width of greenbelt to separate whatever is existing out there. This is something the Commission should take into account. Barry Sandi ten stated he would be willing to go 8' on the fence on the smaller lots that abut Mr. Harden's property. David Richmond stated the Estate back property line being the back lot line of the existing Fawn residents, this is the same type of situation we had with Carolina Crossing addressing the top part of the property that is adjacent to the west side of Deer Haven. Even though Antler and Fawn stub out in that area there was concern from the residents that they would have back lot lines immediately adjacent to their side yard or back yard. What the developers from Carolina Crossing did was to allow for a 60' buffer between the -11- . e e side lot line for residents on Fawn and Antler and on the back line of their row of houses that came around the top of the hill. This was satisfactory with the residents and the developer. There is similar concern now with regard to those coming down from Fawn and having the potential of their back lot lines, most having chain-link fencing being the same back lot lines as the Estates. Not withstanding that there maybe a 50' back yard setback, it is going to be one back yard adjacent to another back yard. The consensus of arguments in the public hearing was that while it was zoned commercial, they had every understanding from Barshop that whatever went in this area, the residents would be granted a 75' buffer as some type of protection. This would give the residents the feeling of not having someone directly on their property. This seems to be the major concern of the residents. The other concern is the new conceptual drawing, despite the fact that it is a very good job of accommodating the Commission's wishes to put Wiederstein through, there is going to be seven roads stubbing right on to Wiederstein. This has the potential of congestion and traffic problems with all the exit and entrances onto Wiederstein Road, once it is cut through to FM 3009. Merwin Willman stated those concerns are in platting. At this time we need to be concerned with the rezoning and the granting of a variance. Looking at the proposal the number of lots 55' wide is going to be greater than the 30% of the total. . Steve Simonson stated this variance was not asked for in the request. However, it is shown on the Master Plan and this needs to be addressed as it is part of their Master Plan. . Sam Bledsoe stated when the first presentation was made, it was stated that this concept would be a little different than some of the other developments in the area. There would be a mix of 55', 65' etc. because of the large commercial area the smaller lots would be in this area; in the wooded area would be the larger lots. Each particular unit itself would not have the 30%. Merwin Willman stated lots having 55' frontage should be 30% of the entire subdivision. An R-6 lot requires 60' X 100' if you have a 55' X 120' there still will need to be a variance of the 55' lots. The ordinance states it has to be a 60' width lot. Steve Simonson asked Sam Bledsoe if it would be possible with the lots 55' and 60' mix in the over-all layout (minus the Estate lots) to come up with an overall of no more than 33% of 55' wide lots. This would allow for the permissible percentage of the 55, and 60's. Tony Moreno moved to forward to City Council with approval from Planning and Zoning the request submitted by Sam Bledsoe, MBC Engineers, to rezone approximately 121 acres on FM 3009 from PUD (Planned Unit Development), GB (General Business), M-l (Manufacture District Light) to R-6 (Single Family Dwelling District Gated), with the proviso for a variance granting 55' lots not to exceed -12- e e . 30% of the total lots and a 50' rear yard setback adjacent to Deer Haven. Merwin Willman seconded the motion which carried as follows: AYES: NAYS: Pia Jarman, Merwin Willman, Tony Moreno. David Richmond. David Richmond stated the reason he is opposed is the fact of there not being some type of provision in the motion for the Deer Haven and the Harden property. The motion as it reads has a 50' setback but there is still the solid lot line. This leaves a common back yard line. Merwin Willman stated this is more than there should be granted as the original 75' buffer was for commercial property that was to be in the area. With the residential subdivision going to be in the area this is a different situation. Pia Jarman asked David Richmond if the variance was for a 75' back yard setback would this serve as the 75' greenbelt? Tony Moreno mentioned there would still be a fence right at the end of the lots in Deer Haven. . David Richmond shortest line cul-de-sac to deep this will does need to be stated his concern on the conceptual drawing is between the two points, is the center of the back line of the lot. This is not showing be. In the platting this will be addressed but a concern for the Commission at this time. the the how it Steve Simonson stated the greenbelts are going to start coming back to haunt us. This is from the staff and City side. There are concerns coming from HOA's, from the management, that is taking them over. They are coming back with clear understandings from the developers that somethings were clearly labeled commons areas and then there are some that weren't. The first thing coming back, "is this is City ROW, you take care of it, you developed it, you build it". From a City stand point if this was to be left there must be a clear way the HOA with this being outside of the gated community, who will take care of the greenbelt and what will become of it. If there is going to be a greenbelt, in the platting stages, there is going to have to be a clear understanding that if it is going to be labeled a common area someone will be responsible for it. If there is a building setback and the developer specifies some type of fencing there will be the same kind of look and the house would be put far enough away. After "Aye". some more discussion David Richmond changed his vote to The motion carried unanimously. an . tl2 CONSIDER AND MAKE RECOMMENDATION: Request from the City of Schertz, on the above ZC #136-96. Steve Simonson stated he had no other comments. -13- e e . Merwin Willman stated he is not in favor of granting another extension as there have already been two. In hearing tonight from the individual there was no real indication that anything is going to happen. In September 1994 that was when the zoning was changed from NS to R-4. Pia Jarman stated there has been no Indication since September 24, 1994 that anything is going to happen. The request from the petitioner is for the property to stay permanently R-4. The only thing we received was back in May 23, 1995 when the developer applied for HUD financing and so briefed the Commission. Since that time there has been no firm or real indication that any development is going to take place. David Richmond stated he is in agreement with Merwin Willman the developer can submit a reasonable proposal the Commission review the proposal. In the meantime he needs to look at means of developing the property when can some Merwin Willman moved to forward to City Council the request submitted by the City (Planning and Zoning) to rezone approximately 8.61 acres on Schertz Parkway and Elbel Road from R-4 (Apartment/Multi-Family Dwelling District) to NS (Neighborhood Services). Tony Moreno seconded the motion which carried with a unanimous vote. . 113 CONSIDER AND MAKE RECOMMENDATION: Request from Sam Bledsoe MBC Engineers for a Specific Use Permit for an Intermediate School In Greenshire Subdivision. (SUP #7-96) Steve Simonson stated he received a call from the School to inform the Commission that the School Board has not had a seconded meeting as they had proposed. The School Board has proposed a scheduled meeting this Thursday. The business manager Hal Baldwin has asked that this request be tabled until the ,next meeting. David Richmond stated he is concerned about the continuing tabling of requests. The school board representative, upon observation of the calender proposed a special meeting was to be held on a specific date thus the request was tabled until this meeting. If the school board was concerned to the point of getting this off and running, it would have seen fit to hold their special meeting as the Commission suggested to allow for the concerned citizens to express their views and have an opportunity to engage the school board in a discussion. Since this was not done, David's recommendation would be in lieu of continuing to table, that we disapprove the request and let the school board have a special meeting, then bring forth another request for a SUP if they still have the same intended actions. . Pia Jarman stated with tabling in Robert's Rules you can table but we can not put a specific time limit. This was done the last time. We can table and say until the school board has their meeting with -14- e e . the homeowners instead of stating a specific time. Merwin Willman stated he would go along with David and disapprove until the school board has a good concept on what they want to do. David Richmond stated that at our meeting clearly there were so many questions that could not be answered by the school board representative or were answered by the school board representative contrary to previous information that had been provided to the City. Doyle Woodman stated that Dr. Steele had advised he would let the citizens know two weeks in advance when they would be holding a meeting for this request. As of today Dr. Steele has not contacted anyone. David Richmond moved to disapprove the request submitted by Sam Bledsoe, MBC Engineers for a Specific Use Permit for an Intermediate School in Greenshire Subdivision and convey the Commission's rationale to the School Board that the reason for disapproving is to allow them to meet the request of the residents who wish to better understand the proposal and to allow the School Board time to get a good proposal ready to come back to the Commission. Merwin Willman seconded the motion which carried with a unanimous vote. . 114 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Continental Homes, for Final Plat on Carolina Crossing Subdivision Unit 1. (PC #268-96). Steve Simonson stated the items requested: building setback line along Schertz Parkway, the notes required for the gated community are shown. Also the park land fees have been paid. There is also a note on the plat about saving the trees that can be saved on the 50' building setback. Tim Pruski stated the only common area will be off Savannah Drive when you enter the subdivision where the gates will be located along with the streets. Two islands, one with the gate pedestal and one with the actual gate with landscape around it. This is on Sarasota Place. Tony Moreno moved to approve the final plat submitted by Continental Homes, for Carolina Crossing Subdivision Unit 1. David Richmond seconded the motion which carried with a unanimous vote. 115 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Pape Dawson Engineers, for Site Plan for American Standard Office/Warehouse. (PC #276-96) . Steve have that page Simonson stated this is one of the better lay-outs that we seen for some time. This is obviously a very large lay-out they are proposing. This is a three part lay-out; the second shows the handicap parking, the proposed sign, and the docking -15- . . . e e for the warehouse. On the third page it shows the landscaping plan that has been proposed for the subdivision. They have not given the outside dimensions but it is not hard to figure it out. John Krauss 360' X 680'. building. stated on the site plan it shows the building being There will also be some lease space available in the Merwin Willman stated there will have to be a variance to the sign ordinance as they are requesting two monument signs one at each entrance. Also there is only one plan for a dumpster in the front. John Krauss stated the offices will be in front of the building with warehouse leasing in the rear. The tenants will have to comply with the regulations for dumpsters. stated this is a double width lot. Also with the has been several requests from previously approved delay their landscaping until the drought is broken. was in agreement with this request. Steve Simonson drought there site plans to The Commission John Krauss at this time thanked the Planning and zoning Commission, the City of Schertz, and Mr. Simonson for help with the submittal of this site plan. The firm is looking for a good partnership with the City of Schertz. Merwin Willman moved to approve the request submitted from Pape Dawson Engineers, for site plan for American Standard Office/Warehouse and the variance for two monument signs. Tony Moreno seconded the motion which carried with a unanimous vote. 116 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Mike Cude M.W. Cude Engineers Final Plat Woodland Oaks Unit 5-B. (PC #270-96) Steve Simonson stated all the signatures that are required are on the plat for submittal, the various notes, flood plain statement, and this is not within the ACUIZ zone. Merwin Willman stated on the location map it doesn't show Woodland Oaks Drive. Pia Jarman questioned the note showing area to be replatted. Steve Simonson stated in the platting of Unit strange area at the end of the existing street said they would replat when they redesigned it. that they are showing. 5-A there was a in 5-A that they This is the area Pia Jarman stated at the bottom it reads the City of San Antonio Planning Commission. This will need to be corrected. Tony M.W. Moreno moved to approve the request submitted by Mike Cude, Cude and Engineers for final plat Woodland Oaks Unit 5-B with -16- . . . e e the proviso to the note on the plat to reflect the correction: City of Schertz Planning and Zoning Commission. David Richmond seconded the motion which carried with a unanimous vote. f17 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Mike Cude M.W. Cude Engineers Final Plat, Woodland Oaks Unit 6-B. (PC #271-96) Steve need name. Simonson stated they didn't spell Schertz correctly and they to have the correct Planning and Zoning Commission and City's Tony Moreno moved to approve the request submitted by Mike Cude, M.W. Cude and Engineers for final plat Woodland Oaks Unit 6-B with the proviso to the note on the plat to reflect the correction to the spelling of Schertz, and the City of Schertz Planning and Zoning Commission. Merwin Willman seconded the motion which carried with a unanimous vote. 118 GENERAL DISCUSSION: Tony Moreno: Tony Moreno stated he had no comments. Merwin Willman: Merwin going Garden with a Willman stated there seems to be a lot of commercial signs up that are not authorized. The bar-b-que place up near Ridge has a home made sign, the Pecan Candy has a trailer little sign and also Arby's has a sign now. Steve Simonson stated the Arby's sig~ will be taken down in about two days. Merwin Willman stated there is one other problem: the waste of paper. We are creating a big waste of paper when we have an item that comes before us and we have to hold it over for another meeting and Denise has to reproduce it again for the second meeting. This does not seem to be necessary. We should be able to hold the paper work over in our files until the next meeting without her having to reproduce them. Steve Simonson stated this would be a good idea in saving money and time. Part of the budget to support the Commission is going up all the time. Merwin Willman stated with three gated communities now they are all talking about some kind of security system on the gate. There needs to be something in writing on what they use and how they are going to use it. Seems to be everyone has a question about them. David Richmond: -17- e e . David Richmond stated he had no comments. Pia Jarman: Pia Jarman stated this evening there were two Commissioners that were called out of town unexpectedly. Keith could not make it either, making us down to the bare bones. With some very important discussions to make this evening we did have a quorum. But it would have cost the City quite a bit of money if we had to cancel the meeting this evening. In case of an emergency, David had a very good idea that perhaps Councilman Ken Greenwald, who is with the Commission all the time and in having been a Commissioner himself, perhaps could be part of a quorum. Councilman Ken Greenwald stated he did not know if this could be done, since he would also have a vote on the City Council for the same issue. David Richmond stated he had suggested it to Pia that we request approval from the Council in an emergency situation, given that Councilman Ken Greenwald is ex-officio, and with the Commission all the time so there is consistency on what is going on. This is the first time that a cancelation of significant consequences might have happened, given the size of the citizens with the three public hearings. This would have made the Commission look bad and the City also. If there could be a provision that in an emergency, we could ask Councilman Ken Greenwald to become a voting member. . Councilman Ken Greenwald stated he would check with Kerry Sweatt on this situation. If the lawyers advise that this would not be a problem, then Ken stated he would not have a problem with this. Councilman Ken Greenwald: Councilman Ken Greenwald stated the two Macedonian Mayor's will be August 3, - August 10, 1996. visit Councilman Ken Greenwald stated the City had a little league team that made the playoffs and came in fourth place. The step is the State Championship. ball next Councilman Ken Greenwald stated he would be going to New Braunfels for the Edwards Underground Aquifer meeting. Mr. Sweatt and Ken will be going to San Marcos on Thursday to see if they may have an idea on what they are going to do about the water situation. The idea of holding up on any type of planting is a very good idea. Steve Simonson: . Steve Simonson stated the APA conference information has been passed out. If everyone could please get back by August 13th with individual plans. If everyone would still like that special gettogether on Thursday night Steve will need to know, so a room can be reserved. -18- . . . e e Steve Simonson at this time presented the Commission with a new drawing of the HEB site plan. They have increased in size by about 200' by squaring the building. They have 15,000 square feet of expansion. There will be covered walkways from the parking lot with several handicap parking spaces and also they will have their own gas station. There are two pad sites on the access road: one 39,628' and one 47,753'. The preliminary construction plans are now in and the site plan should be available by August or early September. David Richmond questioned why Seguin State Bank looks as if they are slowing down on construction. 'Steve Simonson stated it is taking them some time with the marble on the sides. Steve Simonson at this time handed out UDC updates with changes made by the lawyers and Mr. Sweatt. The major change with gated communities is they will have to go through a public hearing as it is a zoning issue. f19 ADJOURNMENT: David Richmond moved to adjourn the meeting. Tony Moreno seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 10:20 p.m. The next regularly scheduled meeting is August 13, 1996 at 7:00 p.m. \) , --1 '),<:- 9- YA-1( A A a~\. / , Chairwo~n, Planning and~Zoning Commission City of)Schertz, Texas ATTEST: JJ \~ I, " ~: .. ,........... ,,--. / " ,'" -.. e/h.c~' /.Ld! b/'ri">,,,(/t Planning Secretary v City of Schertz, Texas -19-