Loading...
11-12-1996 . . . e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a hearing on Tuesday, November 12, 1996 at 7:00 p.m. Municipal Complex Bob Andrews Conference Room, 1400 Parkway, Schertz, Texas. Those present were as follows: public in the Schertz PLANNING & ZONING COMMISSION CITY STAFF ERNIE EVANS, CHAIRMAN DAVID RICHMOND, VICE-CHAIRMAN MERWIN WILLMAN, SECRETARY PIA JARMAN GARY WALLACE KEITH VAN DINE TONY MORENO KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT Sam Bledsoe, MBC Engineers Herb Rehmann, SC UC ISD Doyle Woodman, 2107 Persimmon Bob & Linda Pope 104 Mesquite Circle John Caldwell, Firestone Hal Lane Randolph Brooks CU John Friesenhahn Randolph Brooks CU John Kelly Randolph Brooks CU Trisha Pillsbury, Pulte Homes Cynthia Eichman, Windy Meadow MHP Greg Roberts, Windy Meadow MHP Darwin Peek, SC UC ISD Bill Paschal, SC UC ISD Henry Christopher, Ware Heights Ferdinand Girard, Girard Signs Byron Steele, SC UC ISD Joe Veytia, Veytia Prop. Ron Crepe, Veytia Prop. . . . e e #1 CALL TO ORDER Chairman Ernie Evans called the meeting to order at 7:00 p.m. Mr. Evans explained the procedures to be followed at the public hearing. The City Council public hearing on this item will be held November 19, 1996. 12 PUBLIC HEARING: To Receive Citizen Input on a Request from John Caldwell to Rezone 17051N IH 35 Approximately 370' (of 825.91') from GB (General Business) to M-1 (Manufacture District Light). (ZC #137-96) Chairman Evans asked for Staff input. Steve Simonson advised that four (4) letters to the surrounding property owners were sent. One was received back in favor of the rezoning request. There is a letter from the property owner advising that Mr. Caldwell has the authority to request rezoning of the property. John Caldwell was present at the meeting but had no other comments to add at this time. Merwin Willman mentioned it would be a good idea if there was a name to this request to be able to identify the project. John Caldwell stated the company is Firestone. Steve Simonson stated a site plan will be required. With no other comments, or questoins from the discussion on the rezoning, Chairman Evans Hearing. Commissioners, or closed the Public 13 ADJOURNMENT OF PUBLIC HEARING: Chairman Ernie Evans adjourned the Public Hearing at 7:05 p.m. The Schertz Planning and Zoning Commission convened in a session, after the public hearing, in the Municipal Conference Room, 1400 Schertz Parkway, Schertz, Texas. regular Complex #4 CALL TO ORDER: Chairman Ernie Evans called the meeting to order at 7:06 p.m. #5 APPROVAL OF MINUTES: Regular Session for October 22, 1996. David Richmond Session Minutes moved to approve the October 22, as written. Gary Wallace seconded -2- 1996 the Regular motion, e e . which carried with a unanimous vote. 16 STATUS OF FINAL PLATS: There were none at this time. 17 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. #8 CONSIDER AND MAKE RECOMMENDATION: Request from John Caldwell to Rezone 17051 N IH 35 Approximately 370' (of 825.91) from GB (General Business) to M-1 (Manufacture District Light). (ZC #137-96) Chairman Evans asked for any other staff input. Steve Simonson stated he had no other additional input. Merwin Willman moved to recommend approval to City Council and to schedule for public hearing the request submitted by John Caldwell to rezone 17051 N IH 35 approximately 370' (of 825.91) from GB (General Business) to M-1 (Manufacture District Light). Tony Moreno seconded the motion which carried with a unanimous vote. . 19 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Windy Meadow Mobile Home Park for a Blanket Carport Authorization for the Entire Old Section of the Mobile Home Park. (BOA #80-96) Steve Simonson stated Merwin had reminded him that in his notes there was an error that a blanket authorization was given to the new part of Windy Meadow for carports. In checking over the minutes, it was talked about across the board, but the only thing authorized, was for Unit II. There is a sketch on how they would like to do the carports on the existing 16 X 20 slabs. Merwin Willman asked what type of material will be used. Cindy Eichman stated they will be aluminum. Greg Roberts stated there will be no wood. It will be anchored on all four sides with posts concreted in the ground. Ernie Evans asked how many units would be affected by this. Cindy stated there are actually 216 usable sites. This excludes the ones on Oak Street that have not been allowed to install carports. . Steve Simonson stated the request is for authority by the owners of Windy Meadow to work it out with the residents of Windy Meadow so they don't have to come in for permission one at a time. This would still exempt Oak Street. There are some on Oak Street at this time. -3- e e . Gary Wallace asked why Oak Street was excluded? Steve stated he has no answer to that. Oak Street is not a through street and never will be it will have an emergency access breakaway gate only. Steve Simonson mentioned that the Commission can at a later time revisit why Oak Street was not authorized carports. Merwin Willman recommended that the same restrictions that fall under the R-2 for carports be the same for the mobile home park. There are certain requirements under the R-2 district for carports i.e. that the covers cannot extend beyond the driveway pad, all sides must be completely open so as not to obstruct view, and it maybe attached or detached. The requirements under the R-2 should be followed in this case. Pia Jarman asked if everyone is still in agreement to exclude Oak Street? Ernie Evans stated it is his feeling because Oak Street was excluded in Unit 2 for the sake of continuity at this stage and because there is no discussion in the minutes as to why Oak Street was excluded, that for now we should exclude Oak Street. And as Steve has mentioned revisit Oak Street at a later date so more information can be obtained. . Pia Jarman moved that the Planning and Zoning Commission recommend to the BOA approval of the request from Windy Meadow Mobile Home Park and grant a blanket carport authorization for the entire old section of the mobile home park, provided that R-2 restrictions pertaining to carports be observed and Oak Street be addressed at a later time. Tony Moreno seconded the motion which carried with a unanimous vote. #10 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Pulte Homes for a Five Foot (5') Front Yard and a Eight Foot (8') Rear Yard Setback for 2497 Mocine Elm. (BOA #81-96) Steve Simonson stated this is on one of the lots that was discussed before. Based upon the location in a short cul-de-sac, the representative that is present from Pulte will be able to reiterate why a smaller house will not work for this situation. Tony Moreno asked the builder for the reasoning on why they are asking for this request. Trisha Pillsbury stated the house that they want to put on this lot is one of the smallest houses that is being built in the Woodland Oaks Subdivision. The homes in this area have an attached garage concept. The homes that have an attached product make it almost impossible to build a home within the variances that are established. . Tony Moreno questioned why this was not noticed by the engineers -4- e e . before the development of this lot. Trisha Pillsbury stated on this particular lot there is no product that will fit on this lot and there is no other way to make the house fit on the lot. Pia Jarman moved that the Planning and Zoning Commission recommend to BOA approval for the request submitted by Pulte Homes granting a five foot (5') front yard variance (from 25' to 20') and a variance of eight feet (8') for the back yard building setback (from 20' to 12') due to the configuration of the lot. Tony Moreno seconded the motion which carried with a unanimous vote. III CONSIDER AND MAKE RECOMMENDATION: Request from s.C. UC. ISD for a Specific Use Permit for an Intermediate School in Greenshire. (SUP 9-96) (Tabled 8/27/96, 9/24/96 and 10/8/96) Chairman Evans stated in order for this request to come before the Commission it will need to be taken off the table prior to discussion to open. Merwin Willman moved to remove from the table the request from the S.C. UC. ISD for a specific use permit for an Intermediate School in Greenshire Subdivision. Keith Van Dine seconded the request which carried with a unanimous vote. . Steve Simonson stated in the package provided, there are updated letters from Mr. Brad Galo; Mr. Herb Rehmann; the City of Cibolo and Captex. The letter from Captex, dated October 16, 1996 to Dr. Steele reiterates their position on the construction of the road through their development to Woodland Oaks Drive. Ernie Evans stated in the November 4, 1996 letter signed by Mr. Galo directed to Dr. Steele there is a statement about the 30' buffer zone between the new street and the Royal Oaks Subdivision being done in conjunction with legal work required for the school site and ROW. Steve Simonson stated it is his understanding from that letter and from previous discussions with Herb Rehmann and Mr. Galo, the road will be shown as it is drawn on their plan with a 30' buffer that will be either deeded over to or sold to the Homeowners behind Royal Oaks; which will then become their property which they can maintain; which will provide an additional 30' buffer from the road to the existing property and the existing homes. . Pia Jarman stated the buffer zone is in Schertz. Steve Simonson reiterated that is correct. There will be 30' of buffer zone in Schertz and the rest of the property in Cibolo. Pia asked if this would not cause problems later on. Steve Simonson stated that it could but it would be up to the individuals as they are aware of this situation. -5- . . . e e Merwin Willman asked what if some of the individuals don't want to buy the land? Doyle Woodman stated that each of the homeowners have been contacted along the 30' buffer zone and each of the homeowners have agreed to buy their portion of the 30' buffer. Pia Jarman asked, when this is recorded will it show that the property is located in Schertz? Steve said "yes". Ernie Evans asked if the citizens would pay taxes Schertz? Steve Simonson stated that would be up Council for the City of Schertz portion. It is portion of property wether or not they deem this taxing entity. The administrative costs maybe more costs. to Cibolo and to the City such a small small strip a than the taxing Merwin Willman stated the way he reads the letter from Captex it states what we have asked for by having the commitment on having the road built from Green Valley all the way down. David Richmond stated this is the concern that the Commission has had since June. The Commission precisely stated as recorded in the minutes and in discussion very directly what the Commission would like to see from the developers. We cannot as a group recommend to City Council without a commitment from the developers that they agree to construct a road from Dietz to Green Valley Road, concurrent with the construction of the school. However, we have yet to receive a letter from a developer that has said anything similar to that. Mr. Galo comes pretty close as he does say he would like to start construction about the same time the district starts the construction of the school. The November 4th letter from Mr. Galo probably meets our objective. The letter from Captex dated, October 16th, states, they are willing to extend the roadway if their development phase outpaces the school's desires. This is a City concern. The developers would be willing to dedicate the necessary roadway and allow the school district to construct the balance of the roadway. This is exactly where we were in June. We should not have to consider the legal ramifications of whether the developer and the school board agree to disagree after we debate this and pass it on to the City Council for approval. David asked if there was a representative from Captex. There was no one present from Captex. David stated, at the last meeting there was a representative from Captex who stated they would guarantee to build the road but they have not said that in the letter. This has been a principal concern that until there is a commitment in paper from the developers to the school board to allow for a second access for traffic to the school, that the road will be completed at the same time the school is completed to accept the traffic, then we really do not have a full package. The language cannot be stretched in this particular letter from Captex -6- . . . e e to suggest that they are really going to construct the road in that manner. In fact in the August letter if you recall Captex stated they would be willing to work with the school district to finalize the alignment as they develop additional residential sections, which could go on for ten years. This doesn't say that the road will be constructed along with the school construction. Mr. Galo has met the terms of the suggestions of the Commission as he has committed to build the road from Green Valley to the end point of the Greenshire property to connect with the Deer Creek property. But we still do not have the commitment from the Deer Creek developer to met this road. As has been pointed out we have received a letter from the City of Cibolo that has assured the city that the road will be built as the lots are built out. This has nothing to do with the construction time of the school. The developer will build the road as he sells the property. It is too bad a representative from Captex is not available to answer the question. If we could get a statement from Captex that they will construct the road concurrent with the building of the school then there would be a package. Steve Simonson stated, he talked with the gentleman involved with Captex today, concerning his letter, as Mr. Richmond called the office to inquire about an updated letter. Mr. Blanton has made it very clear that he intends to build the road along with the selling of the property. The way things are selling today it will be very close to the time of the school construction, but Mr. Blanton cannot make a commitment to any time sooner. The letter stands just the way it was written but the road will be built out with no time table. Merwin Willman stated on the October 16th letter it does answer the question that the road will be built and if they complete their development before the school the road will still be put in. Bill Paschal stated the plans are for the school to open in the fall of 1998 as they have not yet signed on the site. David Richmond reiterated, as in previous discussions about the importance of the road to the future of the City of Schertz because growth is in that direction. It is imperative to have a commitment to build the road in a timely fashion as there are all sorts of contingencies. Without a bottom line commitment from the developer to construct the road, the developer could go bankrupt or whatever could happen, and the road would not be finished. And who will complete the road? The main concern all along is we are concerned about traffic. We have agreed to the siting of the school and also agreed to having a second access to the school to fully complete the neighborhood school concept which was proposed by the school board. It is only reasonable to ask the two developers who are trying to work closely with the school board to provide us with a timely commitment. The last time Mr. Paschal made his presentation, there were questions back and forth. A final question from Dr. Peek was, what is it that the Commission is requesting. It was stated at that time we needed a commitment from -7- e e . the developers in writing to agree to complete the road concurrent with the construction of the school. We have not gotten this. What we have is an ambiguous open ended commitment by one of the two developers to complete the road as the development is completed; which could be any time. Keith Van Dine stated he feels very comfortable with the letter of October 16th as the gentleman is stating he is going to build the road. He cannot put a time frame as it would be very hard to do that. David Richmond said not if the letter states "concurrent with the completion of the school". If the school is planning on opening in the fall of 1998 the road needs to be complete from Dietz to Green Valley by then. For the two developers to commit to do that is all we have asked. Gary Wallace asked if the school felt they had the commitment from the Deer Creek developer? Bill Paschal stated he has not spoken with the man personally but the staff has, and they have been told that the roadway will be completed. Mr. Rehmann stated he spoke with the gentleman from Captex today but not on this issue. They are moving ahead and they have a plan. . Tony Moreno stated, with the opening of the school not happening until the fall of 1998, it should be easier for the developer to give a time table. In reading the letter there is no time table. Pia Jarman stated, in the history of subdivisions, for example in Savannah Square with different builders the road was not built out immediately, just as in Woodland Oaks. The developers in question may do it in one or two years, but there is no specific time given except in the September letter, in which the City of Cibolo states the road will be completed as soon as "lot purchases by the builder warrants such activity". Ernie Evans asked, in Mr. Blanton's letter in paragraph, has the school considered what is mentioned Paschal stated, not at the school board level, but the not come up. the second there? Mr. subject has . Bill Paschal stated he appreciated the Commissioners allowing the board to come before the Commission and the School Board is very impressed by the diligence of its work. It is the board's belief that an agreement has been reached to allow the road to be built. The documentation to support this maybe in question, but as a board the Commission can be assured that the intent of the roadway program and the school program are clear and achievable. As a board, they made a dramatic change in their position, in that the board achieved a level of understanding of what was presented to the board at the last meeting. The school board felt comfortable in making a huge position change because up until that meeting -8- . . . e e there was no way that the school would consider building the road. The Commission made it very clear why the road was needed. This was carried back to the school board closed session and as a result the board position changed. The board based the position on the fact that they believe this will happen. Dr. Peek stated, as mentioned, the opening date for the school has had to slide a year which will create problems for the school. "Realistically you need to be aware of this: the area is growing and we definetely have to have a site for the year 1998. If there is no site by the year 1998 we are going to have very substantial space problems." Bill Paschal stated buses will be on the roads at this time with the whole purpose of the school being to relieve the congestion that has already taken place. "We as a board believe the road and the site adjacent will happen and so changed the board's position on the funding of the road". David Richmond stated, that reason is the same reason the Commission is concerned. There is a definite need for the busses to be out there and parents taking students to and from the school. All the more reason that when you open the school in the fall of 1998 that the road is completed and we are not sitting here with the school and Galo's road completed and stubbed out, and the Deer Creek developer being 100' away, stating he still has 10 more lots to sell and when they sell he will finish the road. Neither Cibolo nor Schertz is going to step in then. The school district is not going to step in either and the buses and parents with the students will have to go all the way around and add to the congestion on FM 3009. This is a contingency that we have to be concerned about and why a firm commitment needs to be made from the two developers. There is one commitment but not a second one. We can sit here and say two years seems like a long time away but there has been "down times" in realestate before, developers gone bankrupt etc. Cities and school districts do not step in to help out in these types of situations, so we depend on the developers, in good faith, on their commitment. There are two developers that are intent on completing their subdivisions but it is equally important for this Commission to have written commitment for the road and for City Council to consider. It would be equally as important for the school district to know that in fact when the school is completed there will be a second route on opening day for traffic. Steve Simonson stated one of the key notes is that the City of Cibolo will require the developer as he develops to build the road. When you have a City making a commitment, even though you do not have a time table, there is a City's commitment that the road will be built. The City is the one that controls the development. Merwin Willman moved to recommend to City Council approval for the request submitted from s.C. UC. ISD for a Specific Use Permit for an Intermediate School in Greenshire Subdivision. Keith Van Dine seconded the motion which carried as follows: -9- e e . AYES: NAYS: Merwin Willman Gary Wallace, Keith Van Dine, Tony Moreno Ernie Evans, David Richmond, Pia Jarman. #12 CONSIDER AND MAKE RECOMMENDATION: Request Partners, Ltd. for a Specific the Corner of Elbel and Schertz Gated Retirement Community. (SUP from Veytia Use Permit on Parkway for a 10-96) Steve Simonson stated there is no zoning category for this type of development for this to fit into, as we no longer have a PUD. This will be duplex and single mixed and similar to a condominium where the residents will own the lot but the grounds will be maintained by management. This is the reason for a SUP request because of the different type of development. This is called a retirement community not a low income development. The question was put to the fire department about administering this area and Sycamore Creek Apartments, as they are not proposing to bring Westchester through. The Fire Chief stated the way this community is laid out, there would be no problem in getting in to fight the fires. Pia Jarman asked what will happen to Westchester? Steve Simonson stated it will be a dead end. . Ernie Evans stated the small print states that Westchester will have a break away gate. Merwin Willman mentioned it has been years in the making to try and get Westchester to be a through street but with this request it will not happen. Merwin has mixed feelings about this. Steve Simonson stated the representatives from Veytia are here to answer the question on why Westchester will not be a through street as they were informed the Commission would ask this question. Gary Wallace stated with the congestion generated from the school on Elbel Road, Westchester not going through will prevent more congestion. Steve Simonson stated with the teenage gathering in the treed area, the school has no problem with this request. Councilman Ken Greenwald stated this could cause a very big problem with blocking Westchester off as Westchester will be landlocked, only one way in, one way out. About 12 years ago there was a shooting in that area. Curtiss was made the command post and no one could get in or out. . Joe Veytia stated this is a retirement subdivision on two busy streets Schertz Parkway and Elbel Road. Bringing in Westchester would make for another busy street, with more noise to contend with. Being this is a retirement community, with the density being lowered to under 6 units per acre, the traffic impact to the area will be much diminished. Therefore justifying the removal of Westchester. The project is still cooperating with the City in -10- . . . e e looping the utilities. The developers have spoken to the Library and Fire Department and have come up with an emergency brake-away gate which comes from Westchester to provide for emergency access, in case they are unable to get through the main gate. It would impair the marketability of the property if it would be boardering three major streets. The neighborhood probably would not want the street to come through because essentially it will bring in a lot of the high school children. Ernie Evans asked in the pictures provided it shows single family residences with the rest being duplexes? stated this to be correct. only three Joe Veytia Joe Veytia stated their goal is to offer single family homes in the $90,000 to $120,000 range depending on the upgrades on the individual units. Some of the difference being offered on the property and homes already in this area, are there are no houses that offer tile roofs, which these homes will have. The price range is in a good price range. The streets will be provided with a modified almost flat street to accommodate any handicapped residents. There will be no sidewalks as such so they can put in the walking trails. There is a product that is rubberized which can be added to the asphalt, that gives a cushioned walk for physical fitness people. The proposal is for a condominium type of development but with the HOA managing the exteriors of the homes and landscaping. The lots will actually be sold to the homeowner. The reason for this, the word "condominium" has gotten a bad reputation. If the City of Schertz will allow for this development it will be governed like a condominium for the way the yards are taken care of, but the land will be sold to the homeowners. Joe Veytia stated retirees do not like big homeowners' dues so the concept is to provide the essential amenities that retirees will use but not such luxurious ones that the HOA dues will be high. There are things they do not use but their neighbors do and they may not get their money's worth. One of the proposals is a walking trail, pool, and hot tub, there will be a club house that will contain a lot of porches. The concept will be a great benefit for the City of Schertz in this respect, one that will provide a larger population for the retail area around Schertz Parkway and Elbel Road. It will also be geared primarily towards retirees but it will not be restricted to retirees but this will cause a lower school impact. One of the reasons they went from multi-family to retirees is because of some of the amenities that are close by: library, churches, grocery store, bank, insurance company, dentist and the Knights of Columbus. This population, as they get older and lose their ability to drive, still will be able to walk to a lot of the retail etcetera in the area. This concept is different. They have been to a lot of developments looking into this type of retirement concept. The population that travels through the military bases in San Antonio often think San Antonio is a great place to retire but when you actually come back to San Antonio the retirement villages that do exist are for the wealthy retired. This is the sector that we are trying to help establish a life -11- . . . e e style. There will be a lot of xeroscaping, with restrictions on the type of grass and the developers will be putting in all of the landscaping. Joe Veytia stated there will be 43 units: all single story with a club house with a Mediterranean southwest look, and a no maintenance exterior. Our concept is to keep the HOA dues low, keep the utility costs as low as possible, because the population we are trying to attract to this development is very cost conscious and knows that with a fixed income they will be living with it for the rest of their lives. They need to hedge themselves against inflation costs and utility increases and tax increases. This development in Schertz is a good development because of the low cost of taxes, low crime area etc. Merwin Willman stated the land will be owned by the homeowner but the maintenance will be through the HOA. Joe Veytia stated this to be correct. They will not be allowed to put up any fences other than around the patio. Merwin Willman asked what size the lots will be? Joe Veytia stated about 5 1/2 units per acre, with the lot size varying. The average square footage of a house being about 1,400 square feet of living area with a two car garage. Joe Veytia brought a sample type of product that is new that is used on the ground. It is a plastic grid with holes to plant grass in, which can and does act as an emergency road fpr heavy equipment. He stated he had showed the product to the Fire Chief who was impressed with it. Gary Wallace asked what would bringing Westchester through do to the concept? Joe Veytia stated it will injure the marketability and they do not want to do this. Looking at it from an older couple's point of view they don't want to be where there is going to be a lot of noise. This will be a gated community surrounded by fencing of a new type of material, wood encased in plastic. Merwin Willman mentioned he would not like to see a solid type of fencing. Ernie Evans stated the main concern he is hearing is the continuance of Westchester through to Elbel. The rest of the information will be discussed during the platting process. Councilman Ken Greenwald stated this being proposed as an enclosed community and wanting privacy, this development is near an apartment complex that is two story which will be overlooking the back yards of this development; there is a Library on one side and a Fire Department that has training facilities also backing up to this property. With all of these it is not going to be too quiet. There are several considerations to take into account. -12- . . . e e Pia Jarman stated a SUP goes before City Council for a public hearing. Not knowing how the Council feels about Westchester not going through, if this is part of the City's plan to have the road go through, it would be putting in more traffic. Ron Crepe stated in talking with the Fire Marshall he was impressed with the emergency gate through the pathway. If there was a problem with traffic, emergency personal would be able to use the gate on Westchester. Steve Simonson stated if the fire lane was delineated this could probably be used as an emergency exit to the existing Westchester subdivision. Councilman Ken Greenwald stated on the Fourth of July, even though it is a drainage ditch, it becomes a street to move traffic. Ernie Evans stated the concept is beautiful but will it benefit the City or the requirements it sustains in the long run, are ultimately what we are trying to address. One of the things that is a real issue is transportation. The lack thereof or providing for it in the future, because it is only going to increase in our City. This is an issue that cannot be given up whether we like or don't like a development such as this. Joe Veytia stated the main issue is traffic. As a compromise with the property boarding Schertz Parkway and Elbel, based upon what Joe has heard and seen, if Joe were to donate enough property along Schertz Parkway a third turning lane could be created there. It is Joe's belief that this would be a benefit to the City for reduction of traffic congestion. Tony Moreno moved to forward to City Council with our approval the request submitted by Veytia Partners, Ltd. for a Specific Use Permit on the Corner of Elbel and Schertz Parkway for a Gated Retirement Community. Keith Van Dine seconded the motion which carried as follows: AYES: Ernie Evans, David Richmond, Merwin Willman, Pia Jarman, Keith Van Dine, Tony Moreno. NAYS: Gary Wallace. 113 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Randolph Brooks Credit Union on FM 3009 for Site Plan Approval. (PC #288-96) Steve Simonson stated there is a combination of three different sheets: the site plan, landscape plan, lighting and parking plan. The signs which will be low profile and all the lighting are indicated. There is a request as part of their over all site plan that along the south side of their property, which is adjacent to R-1 zoning, which is undeveloped, they be able to save the trees and improve the landscaping by providing a living fence. This is a variance from Article 9.3 in the UDC. The land next to them may -13- e e . some day become commercial property. Ernie Evans asked if the existing barbed wire fence is in the Randolph Brooks C.U. property line? John Friesenhahn stated it is 9 1/2 " beyond the property line. David Richmond asked what the proposed lighting will resemble. John Friesenhahn stated they will be on 20' aluminum poles either a circular or square type fixture with a down light with shields to prevent the lighting from going onto surrounding properties. There has to be enough lighting around the building for security reasons. Most of the lighting is around the building and the drive through area. The lighting up towards FM 3009 is directed down towards the building. Ernie Evans commented on the request for the variance for the berms and the salvage of the existing trees. If there is only 5' of distance on the side of the road and the existing property line to the trees, how will the berm be built and what type of live fencing will there be? John Friesenhahn stated the landscaping is noted on the landscaping plan. There will be about 4' of vegetation in height with the growth in about two years going to another 4 feet. The berm will be about 6 or 8 inches to have a little bit of sloping rolling type in the soil to give a rolling effect. . David Richmond stated most of the berms around the property look to be about 18 to 24 inches. John Friesenhahn stated this would be in front of the property. Between the street and the property this will be about 18 inches. Ernie Evans stated if we allow the variance abutting the R-l there should be a designated height. Steve Simonson stated an eight foot fence across from a residential area is required. This was brought up because the area at this time is zoned R-l but undeveloped. The long range development of the area may not stay R-1. John Friesenhahn stated the reason for the four feet is there will be ATM machines with 24 hour service. They are trying to prevent anyone hiding in the area. This was the reason for a living fence on the south side of the property and the landscaping being a low profile. Merwin Willman moved to approve the site plan submitted by Randolph Brooks Credit Union on FM 3009 and to authorize a four foot living fence along the south side of the property abutting the R-1 zoning. Keith Van Dine seconded the motion which carried with a unanimous vote. . -14- e e . 114 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Randolph Brooks Credit Union on FM 3009 for Preliminary Plat. (PC #289-96) Steve Simonson stated there is no block and lot number; the County Commissioner's signature block will need to be deleted; the flood plain information corrected and the 50' building setback and landscaping note as required by the ordinance. Keith Van Dine moved to approve the preliminary plat submitted by Randolph Brooks Credit Union on FM 3009 to include the corrections: the flood plain information; lot and block number, delete the County Commissioner's information. Tony Moreno seconded the motion which carried with a unanimous vote. lIS CONSIDER AND TAKE APPROPRIATE ACTION: Request from MBC Engineers, Final Plat for Forest Ridge Unit 1. (PC #285-96) Steve Simonson stated the plat has all the corrected items that were requested. The only item is the drainage ditch which will be shown when the rest of the property is platted. . Sam Bledsoe stated block 1 will be the HEB site, Seguin State Bank, McDonald's, and Diamond Shamrock. This will make the subdivision start with block 2. Steve Simonson stated, as a reminder, there was a question if Barshop was going to go along with Weiderstein Road coming all the way out as the developer of this property has to guarantee the development of the road to his property line. There is a letter from Barshop that is not concrete but we hold the hammer as far as development if this is not answered at some point with the development of Forest Ridge. The estate lots in Forest Ridge can not be built until Weiderstein Road is built to FM 3009. Ernie Evans asked about the size of the area that is going to be dedicated for the park land and what is the distance from the power lines to the fence area? Sam Bledsoe stated it is 150' from the power lines to the back of the lot from the center line. There will be about 17 acres of greenbelt of which 5.2 is already in the utility easement with 9 acres outside the fence. Ernie Evans asked what are the intentions for the west side of the property? The reason for the questions is we still need to address the parkland dedication fees issue. . Sam Bledsoe stated half of the property is trees with the rest being open fields. This should not change the character of the development because the greenbelt in the open area will take lower effort on landscaping. The area in the trees will be left with the under brush only being cleared out for hiking and biking trails. -15- . . . e e Pia Jarman mentioned it is not 17 acres, it is 9.5 acres 5.2 is CPS easement that cannot be used. Steve Simonson stated it is 133 lots per acre of development. Ernie Evans stated his only concern is as they develop that something attractive happens with the west side of the development. Sam Bledsoe stated the 25' drainage easement will be shown on the filing of the final plat for HEB. Gary Wallace moved to approve the final plat submitted by MBC Engineers for Forest Ridge Unit 1; and in lieu of the parkland fees the donation of the 9.5 acres of open greenbelt be dedicated for public use. Pia Jarman seconded the motion which carried with a unanimous vote. 116 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Girard Sign Co., to place a Billboard Sign on FM 3009. (PC 3286-96) Steve Simonson stated this sign is going to be located south of the Boswell/Niemietz property on FM 3009 on the three existing poles near the big power lines by the old closed land fill. Mr. Girard stated the sign will be 10 X 10 on private property to advertise the Berry Creek Subdivision. Prestige Homes does have permission from the land owner to use the sign for the advertising of this subdivision. David Richmond stated we need to have a letter from the property owner approving the use of this sign. Steve Simonson stated a letter from the property owner can be requested. The sign will fall under the temporary development sign. This is mainly used for an on site sign but this type of sign would fall under this. Merwin Willman mentioned the letter doesn't give enough information on what they are wanting to do. Mr. Girard stated it will be 10 X 10 on an existing structure and showed a copy of such a sign. Ernie Evans stated in not knowing what they want to do, we will need to review the sign ordinance. Gary Wallace stated if it meets the sign ordinance and a letter from the owner is received then there would be no problem. Keith Van Dine stated if a motion is made and it is contingent upon receipt of a letter from the property owner this would clarify what type of sign. -16- . . . e e Steve Simonson stated in the motion it should state that a that is authorized be put up and a letter from the land advising it is authorized by him. sign owner Gary Wallace moved to approve the request submitted by Girard Sign Co. to place a billboard sign on FM 3009 for Berry Creek Subdivision contingent upon its meeting the UDC and a letter is received that it is acceptable by the landowner. Tony Moreno seconded the motion which carried with a unanimous vote. #17 CONSIDER AND TAKE APPROPRIATE ACTION: Request Southeast Suburban Properties Inc., for Heights Subdivision Preliminary Plat. (PC #286-96) from Ware Steve Simonson stated the property is located on Ware Seguin Road east located between the east and west runways. It is not deep enough to impact APZ I or APZ II. It does take in a small portion of the least noise area that we have, the DP area at the corner of the property. The flood plain informaton will have to be changed, the name of the Commission corrected to Schertz, the building setback line along Ware Seguin Road shown; there are also typographical errors. In talking with the Public Works Department with the water line system which is a 16" water main, very close to the water tank, will not pose a problem with this small of a development. Also the parkland fees have not yet been paid. Gary Wallace asked what is the proposed use? Steve Simonson stated residential single family homes. Ernie Evans asked if there is sewer in the area? Steve Simonson stated no there is not. Merwin Willman asked if the developer has been made aware of the ACUIZ ordinance? Steve Simonson stated the only thing involved is the noise reduction. They will have to sign off on this as part of the ordinance. Gary Wallace moved to approve the preliminary plat request submitted by Southeast Suburban Properties Inc., for Ware Heights Subdivision contingent upon the flood plain statement correction, building setback notation, and correction of the typographical errors. Keith Van Dine seconded the motion which carried with a unanimous vote. 118 CONSIDER AND DISCUSS: Traffic Management Ordinance. Chairman Ernie Evans suggested due to the length of this item be delayed until the next meeting. The agreed. the meeting Commissioners #19 GENERAL DISCUSSION: -17- e e . Tony Moreno: Tony Moreno stated he had no comments. Keith Van Dine: Keith Van Dine stated he had no comments. Gary Wallace: Gary Wallace stated he had no comments. Pia Jarman: Pia Jarman stated she had no comments. Merwin Willman: Merwin Willman stated along Schertz Parkway there is in GB (General Business) a 500' setback. Back at one time there was some discussion about doing away with a lot of the GB. This depth seems to be too much and should probably be cut down to about 150'. The reason for this cut back at this time would be that 500' is too much. This is something to think about and make a recommendation on. . Merwin Willman mentioned that the back yard of 502 Curtiss is starting to look like a junk yard and needs to be looked into. David Richmond: David Richmond stated he had no comments. Councilman Ken Greenwald: Councilman Ken Greenwald stated he hoped the Commissioners read the letter from Mike Spain on the zoning issue that was asked for. You can't change in the middle of the road. Pia Jarman stated on FM 3009 the A.O.K. mini storage is doing other things behind it. What exactly? Steve Simonson stated the owner of A.O.K. does own all of the property up to the ditch and they were told they may move their fence outside of the platted area but they cannot build a building outside of the platted area. The new area is still in the existing platted area. The next time they expand they will have to replat, the structure has to stay within the already platted area. . Councilman Ken Greenwald Herald about Ashley Place quite interesting. Rayco the land to the HOA, and to stated if you haven't read last weeks and the power lines, it is going to be sold the land to GVEC, Rayco also gave the City. -18- . . . tit e Steve Simonson stated they did not give the land to the City. They gave it to the HOA, which at this point is still Rayco. They did not do so before the plat was recorded so the plat was recorded without showing the easement. This is a dumb thing to do but it is not illegal. Steve Simonson stated in Unit III the 4.8 acres was labeled common area when it was recorded. The engineer has been contacted and advised to either provide another plat or an instrument of deed of record or come up with the money. They have until November 20th. Steve Simonson: Steve Simonson stated he had no other comments. Ernie Evans: Ernie Evans stated in the back of the books there is a list of pending actions that Merwin had asked we start. There is an article that will be in the next month's newsletter. Any changes let Ernie know by next Tuesday November 19, at the Comprehensive Plan meeting. There are other draft instruments for discussions. The last item is the draft survey instrument that we need to work on Tuesday night. The other item is a copy of the motion information pertaining to P & Z action that Pia has discussed. Ernie Evans reminded everyone next Tuesday night November 19th will be the Comp Plan meeting for those of you who can be here Johnny from the P/W will be here to make a presentation. Ernie Evans mentioned for those of you who did not make it to Austin last week it was a great trip. A lot of the things that Mr. Veytia talked about tonight was presented at that conference. He also made mention that the City had paid for 5 attendees, when in fact only 2 attended. Pia Jarman suggested we write a letter requesting a refund. The conference will either refund or say No. We will not lose by writing. 120 ADJOURNMENT: Pia Jarman moved to adjourn the meeting. David Richmond seconded the motion, which carried with a unanimous vote. Chairman Ernie Evans adjourned the meeting at 10:05 p.m. The p.m. next regularly scheduled meeting &L,' Chairman, Panning an City of Schertz, Texas , 1996 at 7:00 Commission ATTEST: ..,1 . ...' /''' :~~ 17---1l,y 1 xu!.- U/(6..tl /yV.... Panning Secretary City of Schertz, Texas -19-