07-14-1998 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in regular session on Tuesday, July 14,
1998, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz
Parkway, Schertz, Texas. Those present were as follows:
PLANNING & ZONING COMMISSION CITY STAFF
David Richmond, Vice-Chairman Steve Simonson
Tony Moreno Asst. City Manager
Keith Van Dine Mary Ybarra,
Gary Wallace Planning Secretary
Ken Greenwald, Councilman, ex-officio
Members Absent Others Present
Ernie Evans (work related) T.L.&Jenn Stewart,
Joyce Briscoe (vacation) 1308 Circle Oak
Jim Prestige,
4317 Spanish Oak
Carroll&Mary Albright
1549 Circle Oak
R.J. Adams
4305 Spanish Oak
Betty Friesenhahn
4408 Lazy Oak
Michael Wilson,
1017 Emmet Park
Hal Marsh,
4209 Spanish Oak Dr.
Annette C. Snyder,
4548 Circle Oak
Gilbert R. Bethel,
4200 Crown Oak
Harold R. Jones,
4200 Spanish Oak Dr.
Greg San Marco,
Don McCrary & Assoc.
#1 Call To Order:
David Richmond called the regular session meeting to order at 7:00 p.m.
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#2 Approval of Minutes:
David Richmond stated that approval of the minutes for June 9, 1998, and June 23, 1998 will be
deferred. Due to absences of some of the Commissioners, review of the minutes has not been
made. David Richmond suggested that the approval of minutes be postponed until the next
scheduled meeting.
The Commissioners in attendance consented.
#3 Status of Final Plats:
There were none.
#4 BOA Actions:
David Richmond stated there is no report as Joyce Briscoe Planning and Zoning representative,
is on vacation.
#5 Citizens' Input Other Than Agenda Items:
There were none.
#6 Executive Session: Called under Chapter 551, Texas Government Code, Sub-Section
551.071, Consultation with Attorney regarding Pending or Contemplated Litigation.
David Richmond stated that this would be a closed session and excused everyone into the
Council Chambers.
#7 Adjournment of Executive Session:
#8 Action, if any, on above Executive Session:
David Richmond stated that the Schertz Planning and Zoning Commission met in regular session
preceding the Executive Session and informed the citizens that item #7 and #8 on the agenda
were reversed. The Executive Session was adjourned first and action on the executive session
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was considered. David Richmond stated that the reason for the executive session was to receive
advice from the City Attorney regarding pending or contemplated litigation. There was no action
taken during the executive session.
David Richmond asked if the Commissioners had any questions or if a motion was necessary,
subsequent to receiving information and advice from the City Attorney in regard to the executive
session? The Commissioners responded that no motion was needed.
At this point, David Richmond stated that the Commission would continue with the next agenda
item.
#9 Consider and Take Appropriate Action: Request from Don McCrary & Associates
for Oak Trail Investments for Master Plan Approval of Oak Trail Subdivision. (PC #367-98).
Tabled May 26, 1998.
David Richmond explained that item #9 was tabled on May 26, 1998, and a motion is needed to
take item #9 off the table for consideration.
Gary Wallace moved to take item #9 (request from Don McCrary & Associates for Oak Trail
Investments for Master Plan Approval of Oak Trail Subdivision) off the table. Keith Van Dine
seconded the motion that carried unanimously.
Steve Simonson reported that the Master Plan had been tabled at the May meeting pending
changes requested by the Commission. These changes included the Traffic Impact Analysis
{TIA), greenbelt information, parkland fees, and showing the entire subdivision. All items
pending on the Master Plan have been corrected, stated Mr. Simonson. Steve Simonson added
that an expanded TIA had also been requested. He informed the Commissioners that the first TIA
provided by Oak Trails Investment engineer was reviewed by an independent traffic engineer
from W.F. Castella Engineers and that the firm concurred with the TIA report. The expanded
TIA was to include the 1/4 mile limit. Since then, an error in the UDC was brought to the City's
attention that does not allow the City to ask for the expanded TIA.
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David Richmond informed the citizen's wishing to speak of the two-minute limit and asked that
they refrain from repetitious information.
As stated at earlier meetings several Oak Forest residents reiterated their concerns on such issues
as:
a. safety
b. durability of streets
c. traffic
d. width of streets
e. water
Several Oak Forest residents introduced concerns on these issues and they asked that the
Commissioners consider these issues before making any decision on the Oak Trail Subdivision.
Richard Adams, 4305 Spanish Oak, asked if the Commission had discussed an alternate route
through the Oak Forest Subdivision? David Richmond stated that to his knowledge no other than
consideration given to the city's master road plan for streets and eventually the extension of
Wiederstein Road.
Greg San Marca commented that the corrected TIA that was requested has been provided. Steve
Simonson stated that the item was correct. The site location of Circle Oak and Crest Oak has
been corrected and all the information is current.
Gary Wallace asked for a clarification on the greenbelt and the payment of the parkland fees for
the subdivision. Steve Simonson stated that the Homeowners Association (HOA) will maintain
the greenbelt and that a consideration of 1/z price on the parkland fees is to be applied. These fees
have been paid. Gary Wallace asked if the Oak Trails HOA's will be separate from the Oak
Forest HOA's? Steve Simonson responded yes. This will be a mandatory HOA that has been
proposed and it will be required on the final plat.
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Several of the Commissioners stated that they share some of the same concerns that the Oak
Forest residents do and understand the dilemma, but the developer has met the requirements and
has complied with the city's UDC. Utilities are adequate and the TIA provided is acceptable.
David Richmond stated that the Commission can not deny a developer the right to develop his
property when all the requirements have been met. David Richmond added that it will not be
easy to develop the property, but when the developer has complied with the requirements the
City is not empowered to say no.
Gary Wallace moved to approve the request from Don McCrary & Associates for Oak Trail
Investments for Master Plan Approval of Oak Trail Subdivision. Keith Van Dine seconded the
motion that carried as follows:
Ayes: David Richmond, Keith Van Dine, Gary Wallace and Tony Moreno.
Opposed: George Maxfield.
Motion carried.
#10 Consider And Take Appropriate Action: Request from Don McCrary & Associates
for Preliminary Plat Approval of Oak Trail Subdivision. (PC #371-98) Tabled May 26, 1998.
David Richmond explained that item #10 was tabled on May 26, 1998, and a motion is needed to
take item #10 off the table for consideration.
Gary Wallace moved to take item #10 (request from Don McCrary & Associates for Preliminary
Plat Approval of Oak Trail Subdivision) off the table. Keith Van Dine seconded the motion that
carried unanimously.
Steve Simonson stated that all the corrections requested have been placed. The flood plain
information,1/z of parkland fees paid etc. This is a completed plat. Steve Simonson added that on
the final plat a note stating the HOA responsibility for all common areas will be placed.
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A question was raised by the Oak Forest residents on drainage of water. Steve Simonson stated
the subdivision will not get any water that the subdivision has not gotten before.
George Maxfield asked if consideration was given to block access to the new section from Circle
Oak? Steve Simonson stated that a subdivision is required to have two entrances. If Circle Oak is
blocked this would not enable the subdivision to have two entrances required by the ordinance.
Gary Wallace moved to approve the request from Don McCrary & Associates for Preliminary
Plat Approval of Oak Trail Subdivision Unit 1. Keith Van Dine seconded the motion that carried
unanimously.
#11 Consider And Take Appropriate Action: Request from Michael Wilson, 1017 Emmet
Park, Savannah Square Subdivision for a Special Exception to the Zoning Ordinance for an
accessory building setback from the main structure from 10' to 6' to install an above ground
pool. (BOA #110-98).
Steve Simonson stated that it is a pie shaped lot with a large utility easement at the rear (18") of
the property therefore, not allowing much room. For this reason, Mr. Wilson is requesting
permission to encroach into the building setback requirement.
Keith Van Dine moved to forward to the Board of Adjustment recommendation of approval the
request from Michael Wilson, 1017 Emmet Park, Savannah Square Subdivision for a Special
Exception to the Zoning Ordinance for an accessory building setback from the main structure
from 10' to 6' to install an above ground pool. Gary Wallace seconded the motion that carried
unanimously.
#12 Consider And Take Appropriate Action: Request from Don McCrary & Associates
for Final Vacate/Plat Approval of Block Subdivision, Lot 17, Tri-County Business & Industrial
Park. (PC#375-98).
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Steve Simonson stated that all the information requested has been corrected. Correction on the
wording of replat to vacate, spelling of Doerr Lane, and owner's signature has been placed. Steve
Simonson stated that plat is complete and ready for consideration.
Gary Wallace moved to approve the request from Don McCrary & Associates for Final
Vacate/Plat Approval of Block Subdivision, Lot 17, Tri-County Business & Industrial Park.
Keith Van Dine seconded the motion that carved unanimously.
#13 Consider And Take Appropriate Action: Request from Continental Homes of
S.A.L.P. for Preliminary Plat Approval of Carolina Crossing Subdivision Unit 5. (PC#378-98}.
Steve Simonson informed the Commission that the plat continues the 60' greenbelt behind
Deerhaven Subdivision across from Antler to Fawn Street. The standard information includes:
controlled access entry, conforming to the park dedication fees, and a note stating the HOA
responsibility for the streets. Steve Simonson concluded that this will finish out the final phase of
Continental Homes. He added that Continental is looking at additional land across the street
(Schertz Parkway).
Tony Moreno asked that if the land across the street is enough to accommodate additional
development? Steve Simonson stated yes, Continental Homes is looking at an additional 130 to
140 acres.
David Richmond asked who is responsible for the open space (greenbelt in Deerhaven)? Steve
Simonson stated that the HOA is responsible. It is their property and it will be labeled "common
area" on the final plat.
Gary Wallace moved to approve the request from Continental Homes of S.A.L.P. for Preliminary
Plat Approval of Carolina Crossing Subdivision Unit 5 contingent upon correction of re-labeling
the "open area" as a "common area" and to include in the notes the responsibility of the HOA for
maintenance. Keith Van Dine seconded the motion that carried unanimously.
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#14 Consider And Take Appropriate Action: Request from James Hollis Aaron for
Preliminary Plat Approval of Schaefer Road Subdivision, 12235 Schaefer Road, Bexar County.
(PC #377-98).
Steve Simonson stated that this plat is in the City's ETJ. The plat shows the necessary CPS
statements. Corrections for the final plat are: label block number, signature block for P&Z,
correct location map to show FM78, necessary signatures will be placed, and inclusion of flood
plain information. Steve Simonson added that the information stating that the plat will go to the
County Judge for approval is placed. Steve Simonson stated that there are two items in question,
the usage of block numbers for the lot and whether or not CPS will require electrical easements
or any other type of easements.
Mr. Terrazas stated that only a front easement is required. Steve Simonson stated that the plat
does not show a utility easement. Rather, it shows a dedication and a building setback. Steve
Simonson stated that if the easement is required in the front it will be necessary to check with
CPS to make sure that the easement placement is correct for the final plat submitted.
Gary Wallace moved to approve the request from James Hollis Aaron for Preliminary Plat
Approval of Schaefer Road Subdivision, 12235 Schaefer Road, Bexar County contingent upon
corrections. Keith Van Dine seconded the motion that carried unanimously.
#15 General Discussion:
Tony Moreno•
Tony had no comments.
Keith Van Dine:
Keith stated that the meeting this evening had been very interesting in the discussion of the Oak
Trail Master Plan and Preliminary Plat. Keith commented on the proposed racetrack in Marion,
saying that the citizens are facing the same situation. The developer has complied with all the
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requirements for the racetrack. The citizens of Marion are still in protest of the development.
However, the development is in the County and not in the City limits of Marion.
Gary Wallace•
Gary commented that the residents of Oak Forest have valid concerns and he feels the city does
need to point out to the developer the problem of getting in and out of the development. Steve
Simonson stated that the heavy construction vehicles will use Crest Oak and not Circle Oak.
Crest Oak was built in such a way that it was to be the main entrance to Oak Forest. Circle Oak
is impossible to turn into and the developer will be told not to use Circle Oak.
Gary added that Oak Forest has been a "sleepy hollow". The subdivision has been protected from
traffic.
Gary commented on the huge sales office belonging to Kaufman and Broad now located in
Greenshire. In the process of moving the office, tree branches were cut. Did Kaufman and Broad
have authorization? Asked Gary. Gary mentioned that he had talked with Leonard Truitt of the
Inspection Dept. and was told that the HOA would have to give permission to cut tree branches.
Steve Simonson stated that the Inspection Dept. had relayed that information. Gary stated that
the HOA had given permission, but he did not know if permission had been given for the
removal of branches on the island at the entry of the subdivision.
George Mazfield•
George commented on the request from Oak Trial Subdivision that was discussed earlier. George
stated that he agreed with some of the residents concerns.
Ken Greenwald:
Ken commented that water is still an issue and that the city is still working with Seguin.
Depending on the outcome of the study the direction the City will go will be determined. Ken
reminded the Commission of the joint meeting scheduled between the City Council and Planning
and Zoning on July 22, 1998.
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Steve Simonson•
Steve stated that there are some mistakes in the City's UDC that will need to be corrected. The
city became aware of these mistakes when the request for additional information was requested
on the Oak Trail Subdivision Traffic Impact Analysis.
Steve informed the Commission on the population growth and estimated the population of
Schertz will reach 18,265 by the year 2000.
Steve thanked David Richmond and Gary Wallace for their efforts to attend the meeting this
evening.
David Richmond•
David commented on a sign at FM 3009 for the Quantam Medical Clinic. Has a request been
seen for the facility? Steve stated that no request has been submitted, but that it is quite a plan
and that they are trying to save all the trees possible.
#16 Adjournment:
Keith Van Dine moved to adjourn the meeting. George Ma~eld seconded the motion. The
meeting adjourned at 8:45 p.m.
~aN?.~
Chairman, Planning and Zoning Commission
ATTEST:
Planning Secretary, City of Schertz
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