02-12-2002
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Planning and Zoning Minutes
February 12, 2002
The Schertz Planning and Zoning Commission convened in regular session on February 12,
2002 at 7:00pm in the Municipal Complex at Council Chambers, 1400 Schertz Parkway,
Schertz, Texas.
PLANNING & ZONING COMMISSION
David Richmond, Chairman
Ernie Evans, Vice-Chair
Ken Greenwald, ex-officio
Tony Moreno
Joyce Briscoe
Gary Wallace
Keith Van Dine
COMMISSIONERS ABSENT
William Sommers (family related)
#1 Call to Order:
7: 04pm.
CITY STAFF
Ron Youngblood, City Planner
Misty Nichols, Recording Secretary
OTHERS PRESENT
Kim Farrell, 4453 Owl Creek Rd.
Robert Brockman, 4505 Grand Forest
Roger Chicoine, 4516 Ridge Peak Dr.
Mike Lesnick, 4608 Pebble Run
Ed Mc New, 323 Breesport
Larry Scott, 4458 Brush Creek Rd.
John Wright, 4505 Madrone
Bob Franklin, 4500 Ridge Peak Dr.
Jose Vera 4457 Owl Creek Rd.
Bill & Janet McLean, 4485 Owl Creek Rd.
K.L Jones & Clark Sims; 12002 Warefield, #100
San Antonio TX. 78216
Kevin Polio, 4490 Brush Creek Dr.
Markus Gruen, 4505 Cascade Dr.
Ramiro T. Cabrera, 4513, Grand Forest Dr.
Audria Davis,
The regular session of February 12, 2002 was called to order at
#2 Approval of Minutes: The minutes for the regular session of January 8, 2002, the
Public Hearing of January 22, 2002 and the Special Session of January 25, 2002 were
approved without any additions or changes.
#3 Status of Final Plats:
1 plat has been signed.
Chairman Richmond noted the Jonas Wood Subdivision Unit
#4 BOA Actions: The BOA approved three requests; Mr. Williamson's deck,
Ms. Baker's deck, and Mr. & Mrs. Kuehn's and porch with a patio cover.
#5 Citizens' Input Other Than Agenda Items~ There were none.
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#6 Consider and Make Recommendations: On a request from Don McCrary and
Associates for a rezoning of the Jones -Sims Subdivision for a manufactured home park (MH).
Mr. Youngblood explained this request had gone before Planning and Zoning in the past. The
6.827 acre tract is currently zoned Pre-development. Jones - Sims are requesting a rezoning
for a mobile home park (zoning MH).
Mr. McNew with Don McCrary and Associates mentioned this piece of property is not very
attractive making it hard to develop. The reason for this rezoning is to subdivide into 6 one
acre lots to sell as mobile home lots. Mr. Jones spoke about his investment in this property
and development intentions of land I mobile home packages with homes of 1600 to 1800
square feet with attached or detached garage. These homes will be FHA or equivalent.
Mr. Youngblood asked about the water supply and sewer. Mr. Jones explained the water will
be from Green Valley Water, and an aerobic system will be installed that does not require
lateral lines. Mr. Youngblood asked about a percolation test. Mr. Jones explained this test is
not necessary with an aerobic system.
Mr. Wallace asked if there were any businesses in this area. Mr. Jones explained the only
business in this area might be the Comal Elementary School. Mr. Evans noted a problem with
an easement in the proposed area suggesting this would have to be a street. Chairman
Richmond stated on the map, Abbey Run seemed to be a road existing across from the Jones
- Sims property. Mr. Jones explained this is only a road made of caliche. Mr. McNew then
stated he would like to know if this request for rezoning is a possibility before spending a
considerable amount of money. Mr. Evans explained this easement/road issue will need to be
looked into by City staff who will explain City standards and procedures that are required
before the rezoning will be considered.
Mr. Youngblood also asked if adding a fire hydrant would be a part of this construction. Mr.
McNew explained they would look into this. Mr. Greenwald stated Green Valley water does
not have storage facilities and there may not be enough water pressure for a fire hydrant.
Chairman Richmond suggested once again for Mr. Jones and Mr. Sims to meet with City staff
and go over the Unified Development Code (UDC) to see if this proposed deveopment is even
a possibility.
With no further discussion Mr. Wallace moved to send the request for rezoning of the Jones-
Sims subdivision to City staff for further investigation. Mr. Van Dine seconded the motion
which carried unanimously.
#7 Discuss Forest Ridge Homeowners questions and comments on master plan for
Wiederstein Road and Forest Ridge jogging path.
Chairman Richmond asked if the residents had spoken to Mr. Sanditen about the jogging path
as he suggested at a previous Planning and Zoning meeting. The homeowners stated they
have tried a number of times and have received no response. Mr. Youngblood stated he
spoke to Mr. Sanditen earlier in the day, and he would not be able to make it to tonight's
meeting.
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Chairman Richmond stated he and Mr. Youngblood met with Mrs. Farrell at the Forest Ridge
jogging path to discuss her concerns. A meeting also was held with Mr. Sanditen at City Hall
to go over the issue in question. After reviewing the original master plan from 1996 when this
project was first submitted to Planning and Zoning, it appears nothing has changed other than
the location of Wiederstein Road and Unit 6. The road was moved south of its original location
because the power company changed its easement boundaries. Initially, Mr. Sanditen agreed
to build Wiederstein Road for the City at the time he develops the last of his subdivision units
for Forest Ridge.
At this time Chairman Richmond opened the floor to anyone who chose to speak on this issue.
Mrs. Farrell stated the hike and bike trail for Forest Ridge had a different view on the map
given to her by the City. The map showed a public trail the residents of Forest Ridge could
access through a gate that was different from her original understanding. She then presented
a couple of maps to the Commissioners that were shown to some of the residents before
purchasing their lots that clearly stated a hike and bike trail would be an amenity of Forest
Ridge subdivision. She then explained this was told to many residents; their understanding
was that the barbwire fence is on the property line and would eventually be replaced by a
regular fence or wall. She expressed feelings of defiance on the developer's part and wanted
to inform the City of this matter.
Mr. Chicoine stated his lot was the second lot purchased in Forest Ridge Unit 3, and Wiltshire
Homes stated that the Hike and Bike trail is dedicated to Forest Ridge as a part of the
subdivision. He stated he and others have been misled. He felt it important to let the City
know what is happening.
Col. Wright stated he has spoken with Mr. Sanditen on a number of occasions, and not once
did Mr. Sanditen state the bike trail would not be a part of the subdivision. Col. Wright stated
he asked Mr. Sanditen where the fence line would be when construction is completed. Mr.
Sanditen informed him it would be where the existing barbwire fence is now.
Mr. Scott stated the hike and bike trail has been a part of the community since the beginning.
Mr. Scott also stated Mr. Sanditen has used funds from the HOA dues to maintain this trail.
Mr. Polio asked if the relocation of Wiederstein Rd is to be closer or further from the property
line of Forest Ridge. Chairman Richmond stated it would be further away from the property
line due to the electric easement being widened since the original plans were submitted.
Chairman Richmond stated the access points have not been changed, only the road itself. Mr.
Sanditen has changed the access to the Estate lots because of the concern of excess curb
cuts onto Wiederstein Rd. Mr. Polio then asked how many lanes Wiederstein Rd is to be and
what the speed limit might be. Mr. Youngblood stated it would be a 60' wide access road with
curb and gutter similar to Savannah Dr., or Woodland Oaks Dr. In reference to the speed limit,
the Police Department and others involved in public safety will decide the speed limit after the
road is completed.
Mr. Lesnick asked about traffic control in this area. In a brief discussion the Commissioners
explained there should eventually be a light at the intersection of Fm 3009 and Wiederstein
Road. Chairman Richmond stated that since FM 3009 is a state highway it is up to the Texas
Department of Transportation (TxDOT) to make these changes.
Mr. Franklin asked who decided the boundaries of the Forest Ridge Subdivision. Chairman
Richmond stated the developer is the one who designates the boundaries.
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Mr. Franklin expressed his feelings of being misled and how upsetting this is to himself and
others.
Mr. Youngblood asked the residents of the community if they have any recorded documents
stating this trail is a part of Forest Ridge. A member in the audience asked if this is found
would it make a difference. In a brief discussion the Commissioners agreed if there is
something in writing showing this trail is a part of the subdivision then the citizens could look
into appropriate legal action.
Col. Wright produced a homeowner's newsletter dated March 15, 1999 that shows the Hike
and Bike trail as a part of the subdivision.
Chairman Richmond pointed out that once a property is master planned, the developer breaks
the property into units to develop efficiently. Each unit is platted and approved individually.
Property not platted is still owned by the developer. All plat maps are individual pieces of the
master plan.
Mr. Chicoine showed a budget to the Commissioners that included funds from the
Homeowners Association to maintain the hike/ bike trail.
Mr. Bennett said he would like to see anything showing the property is dedicated to the City as
parkland. Mr. Youngblood explained Mr. Bennett is welcome to meet with him to obtain any
copies we have in our files.
Ms. Davis asked if there would be any other fencing between Wiederstein Rd. and the Forest
Ridge Subdivision. Chairman Richmond stated the property owners fence line would be the
only fence between the- subdivision and street. He again recommended the residents confront
their developer with their concerns.
Mrs. Farrell asked what type of fence would be required by the City for the final enclosure of
Forest Ridge. Chairman Richmond stated the City has no requirements for a specific type of
fencing.
Mrs. Farrell stated she felt the Forest Ridge community should be a lesson learned, and the
City should be tougher on developers and builders so this does not happen to another
community. Chairman Richmond explained that developers and builders who deal with the
City of Schertz claim our UDC policies are very strict.
Mr. Scott stated plans could be changed, and asked why the City is not willing to help the
residents on this issue. Mr. Scott also asked if the City would be a mediator to work on a
resolution for the residents. Chairman Richmond stated the Planning and Zoning Commission
is only here to listen and allow this matter to be on public record; it cannot act as a mediator in
disputes.
Mr. Ibarra explained this issue should be taken up with the builder (Wiltshire Homes) not the
developer. Wiltshire sold the lots to the residents, not the developer.
Chairman Richmond stated he understands Forest Ridge residents' concerns; furthermore, Mr.
Sanditen mentioned to him that he would like to meet with the residents and resolve this
problem. Chairman Richmond further stated that the residents could place this item on the
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agenda of a future Planning and Zoning Commission meeting once they have talked with Mr.
Sanditen if there remain issues to be resolved.
#8 Discussion Item on Ripps property and its possible impact on the City.
Chairman Richmond explained he requested this item to be put on the agenda as he
has heard much discussion recently on this property. Currently, the Ripps property is zoned
residential although he understands Economic Development is looking into a major retailer
locating here before a rezoning application is submitted to Planning and Zoning. Chairman
Richmond explained he does not believe large retail business should develop on FM 3009
near residential neighborhoods. He believews the few remaining parcels of land should
develop as Neighborhood Services, not General Business.
Mr. Youngblood explained the City is in the third stage of negotiating a deal with Wal-Mart. Mr.
Ripps has asked about rezoning, and it was explained to him he will have to go through the
steps necessary to request this. There is an idea to extend Wiederstein Rd through these
properties to join Schertz with Cibolo. Mr. Youngblood expressed his thoughts about this
intersection being over crowded and the thought of a traffic light would not change the
congestion of traffic if a large retailer develops this property. Mr. Youngblood explained that
Mr. Ripps would like to keep his options open for possibly building garden homes, upscale
single family homes, even possibly a multi-story professional building.
Chairman Richmond stated Schertz has a large amount of property on IH 35 with ease of
access that would be a great place for major retail development. This makes more sense than
additional crowding and traffic congestion on FM 3009.
#9 Items by Commissioners and City Planner:
Ernie Evans: On HB 1445 Mr. Evans would like to hear Mr. Greenwald's comments.
Mr. Greenwald stated he has already looked at the document and gave Mr. Youngblood a
copy of changes he saw that needed to be addressed. Mr. Youngblood explained to the
Commissioners that this House Bill is only a rough draft. Mr. Youngblood asked the
Commissioners to look over the document and address any questions or concerns for him to
present at the next HB 1445 meeting.
Ron Youngblood, City Planner: Mentioned the next Council meeting will be looking at
the Comprehensive Land Plan and Section IX (sign standards) of the UDC to make comments
and set a possible public hearing date.
Ernie Evans: Stated he looked into a few of the newer subdivisions and found
homebuilders are misleading potential buyers. He does not feel the residents of Forest Ridge
are too far from the truth. He stated he expects to see what happened tonight might happen
again in the future. Mr. Van Dine explained this is a lesson learned for future issues. Mr.
Evans states the Commissioners need to be sure they are consistent in upholding the rules
and regulations of the City.
Tony Moreno: None
Keith Van Dine: None
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Gary Wallace: Asked Mr. Greenwald about the 6.872 acres of property discussed in
Agenda Item Number 6, the six one-acre mobile home lots. Is the road included as part of the
6.872 acres? Mr. Youngblood responded yes, and reminded Commissioners that a minimum
of 10 acres is required in order to subdivide for mobile homes according to the UDC.
Joyce Briscoe: None
David Richmond None
Ken Greenwald: None
#10 Adjournment: There being no further business to discuss, Chairman Richmond
adjourned the meeting at 9:55pm.
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rt~vfy~.L
Chairman, Planning and Zoning Commission
ATTEST:
Planning Secretary, City of Schertz
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