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03-10-1998 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened and conducted a Public Hearing on Tuesday, March 10, 1998 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 Ernie Evans, Chairman Steve Simonson, David Richmond, Vice-Chairman Asst. City Manager Pia Jarman, Secretary Mary Ybarra, Gary Wallace Planning Secretary Tony Moreno Joyce Briscoe Keith Van Dine Ken Greenwald, Councilman, ex-officio Members Absent Others Present Mike Lancaster, Lancaster Development Co. Sam Bledsoe, MBC Engineers Richard Adams, 4305 Spanish Oak Robert Horne, 1422 Circle Oak Kermit Harborth, 1204 FM 78 Tommy Zipp, 300 Landa St. David Ferguson, 412 Aero St. T.J. Cantwell Corporate Homes of Texas 1 #1 Call To Order: Chairman Evans called the March 10, 1998 meeting to order at 7:00 p.m. Chairman Evans explained the procedures to be followed in the public hearing and thanked everyone for their concerned interest. He requested that anyone wishing to speak come up to the podium. He added that the City Council would hold their public hearing on this issue March 17, 1998. #2 Public Hearing: To Receive Citizen Input on a Request from Lancaster Development Company to rezone approx.40.66 acres of Kermit G. Harborth property bounded by FM 3009 and Green Valley Road. (ZC #150-98) Ernie Evans asked for staff input from Steve Simonson. Steve Simonson stated that in accordance with the city ordinance, 27 letters were sent out to property owners within 200' of the property. Four (4) letters were received back. Of the four, three (3) were in favor and one (1) was opposed. Mr. Mike Lancaster stated that he has been in contact with the Oak Forest Homeowners' Association and with the homeowners along Circle Oak. The owners have been assured that there is no through street from the proposed development and Oak Forest. An entrance/exit on FM 3009 is proposed. Mr. Lancaster feels comfortable in talking with the Oak Forest homeowners that they are in favor of the plan that does not tie the two subdivisions together and that provided far the R-1 zoning abutting to their property. Mr. Lancaster commented that talks are continuing with the two large landowners adjacent to the property. Their concern is home values and what type of construction is proposed for the subdivision. Mr. Lancaster assures them that the type of houses will be dictated by the lot sizes, which impacts the economics of the subdivision. Mr. Lancaster also added that the traffic study showed a very small amount of traffic increase to the area. At this point, Mr. Lancaster asked if there were any questions. None were asked. Ernie Evans opened the floor to citizen comments. 2 Richard Adams, president of the Oak Forest Homeowners' Association, informed the Commission that a letter to the residents of Oak Forest was sent out asking for feedback and any opposition to the rezoning. None was received. Mr. Adams informed the Commission that Mr. Horne (homeowner) had called expressing his concern about the fence at Golden Oak and he asked if a fence was still planned. Most of the residents are not only concerned with the Oak Forest connection to the proposed development, but they are also concerned with future development in the area. Basically, traffic and security are the residents main concerns. Mr. Adams furnished the Commissioners with a letter from the Oak Forest residents that noted their concerns. In conclusion, Mr. Adams stated that personally he would like to see Pulte as the builder because Pulte builds a quality home and property value is a concern. Mr. Adams expressed to the Commission that, as a private citizen, he would like to see the rezoning approved. #3 Adjournment of Public Hearing: With no further discussion, Chairman Evans adjourned the public hearing at 7:10 p.m. The Schertz Planning and Zoning Commission convened in regular session after the Public Hearing. The agenda is as follows: #4 Call To Order: Chairman Evans called the March 10, 1998 regular session meeting to order at 7:10 p.m. #5 Approval Of Minutes: Chairman Evans suggested postponing any discussion of item #5 (Approval of minutes) until the end of the meeting. Pia Jarman moved to postpone the approval of the minutes, item #5, until after item #13 in the agenda is discussed. Gary "V~allace seconded the motion that carried unanimously. 3 #6 Status of Final Plats: There were none to report. #7 BOA Actions: Pia Jarman informed the Commission that there were no BQA meetings since her last report. #S Citizens' Input Other Than Agenda Items: There were none. #9 Consider And Make Recommendation: Request from Lancaster Development Company to rezone approximately 40.66 acres of Kermit G. Harbarth property bounded by FM 3009 and Green Valley Road. (ZC #i50-98) Ernie Evans asked for staff input. Steve Simonson explained to the Commission that the Traffic Impact Analysis on the Harborth property is correct. According to City Ordinance if a change in zoning or density does not generate an increase in traffic of 100 trips, than afull-blown Traffic Impact Analysis is not required. Ernie Evans asked Mr. Lancaster if the fence separating the Oak Forest Subdivision from the proposed subdivision is a wooden privacy fence. Mr. Lancaster pointed out that the fence has metal posts with three support rails and is a 6 feet tall wood fence. Ernie Evans asked what is planned for the easement along the SW corner of the property. Mr. Lancaster indicated that a future street now is planned if the development is successful. However, Mr. Harborth would like to deed it to the two large property owners now so that they could enlarge their driveways. Joyce Briscoe asked if Pulte is the homebuilder and is there a contract, Mr. Lancaster replied, yes. 4 The "tree issue" mentioned in the letter to the Oak Forest homeowners is an important issue that will be addressed again, stated Ernie Evans. In closing, Mr. Lancaster commented that since the project started last year he feels everyone is comfortable with the proposed project at this time. Gary Wallace moved to forward the request from Lancaster Development Company to rezone portion of 40.66 acres from R 1 to RZ bounded by FM 3009 and Green Valley Road to City Council recommending approval. Keith Van Dine seconded the motion that carried unanimously. #10 Consider And Take Appropriate Action: Request from David C. Ferguson, 412 Aero for a Special Exception to the Zoning Ordinance for a second curb cut to allow access from Lindbergh Street to a new freestanding garage. (BOA #102-98) Steve Simonson stated that the depth of the lot is 137' and there is sufficient room for the additional curb cut. This request is not unique for the area because there are several existing driveways on Lindbergh St. and several on Marilyn and Pecan Streets. Pia Jarman asked if the request is not unique because of the existing curb cuts in the area. Steve Simonson stated yes this is true, there are several driveways in the area from Main Street to Marilyn Street. Ernie stated that there are two driveways within a block of the residence. Ernie Evans asked what is the width of the lot? I believe it is 75 feet wide (3 lots wide} replied, Steve. He indicated he would have to pull the plat to verify. Ernie Evans pointed qut that Steve is correct. The lots are 3 single 25 feet wide lots in Block 28, lots 18, 19 and 20. Ernie Evans informed the Commission that the construction of the garage would bypass the tree at the front corner. A gas and water line would not be affected by the construction. Ernie also commented that the aerial electrical power line may be a problem for Mr. Ferguson's garage construction but this issue would be handled by the Southern Standard Building Code and the Inspection Dept. 5 Joyce Briscoe moved to forward the request form David C. Ferguson, 412 Aero, for a Special Exception to the Zoning Ordinance for a second curb cut to allow access from Lindbergh Street to a new free-standing garage to the Board of Adjustment recommending approval. Gary Wallace seconded the motion that carried unanimously. #11 Consider And Take Appropriate Action: Request from M.W. Cude Engineers, L.L.C for Preliminary Plat Approval of Woodland Oaks Subdivision Unit 6C. (PC #361-98) Steve Simonson stated that this is a 2-page plat. The first page indicates the extension of Woodland Oaks Drive and Cove Trail. These are two streets that will be brought across the drainage easement. The second page indicates a drainage easement or drainage right-a-way between lots 9 and 10 at Cove Brook that is not labeled. The scale is not complete. The flood plain information is indicated. This plat is a completion of the Master Plan in place when Pulte bought the back end of Woodland Oaks. Woodland Oaks Drive will be extended and stubbed out at the end of the property. Ernie Evans commented that the area down from lot 12 is not identified. There are two open areas, lot 46 and lot 12 are not identified, and Steve Simonson is not sure what they are. He assumes that they would be common areas. T.J. Cantwell, representing Corporate Homes of Texas stated that the areas are to be Greenbelt Areas. Steve Simonson reminded the Commission that greenbelt areas are to be noted and labeled. Chairman Evans assumes the solid lines shown down the middle of the streets identify the sewer lines, is this correct? Mr. Cantwell replied, this is true. Ernie Evans stated that the wording of "typical setback of 25"' is incorrect. The 25' setback is required. In addition, the county of `Tunis" is incorrect, mentioned David Richmond. These items will be corrected in the final plat when it is submitted, stated Steve Simonson. 6 David Richmond moved to approve the request from M.W. Cude Engineers L.L.C. for Preliminary Plat Approval of Woodland Oaks Subdivision Unit 6C with changes as noted and corrected in the final plat. Tony Moreno seconded the motion that carried unanimously. Ernie Evans disclosed that the subdivision is not abutting Schertz Parkway. Location map needs to indicate the same. #12 Consider and Take Appropriate Action: Request from Continental Homes of San Antonio, L.P. for Preliminary Plat Approval of Carolina Crossing Subdivision Unit 4. (PC #362-98) Steve Simonson explained that several items needed to be corrected on this plat: show property owner on the north side, dimensions of the gated exit onto Schertz Parkway from Prairie Lane, and indicate the 50' building setback along Schertz Parkway. Is the overlay required on both FM 3009 and Schertz Parkway, asked Gary Wallace? It is required on both, stated Steve Simonson. Ernie Evans asked if there is a second entrance to the subdivision or is it a break-a-way? Paul Denham stated that the area is planned to be an exit only and it will be shown in the notes. No islands are planned. Road outlines will be shown on the plat if required. Ernie Evans asked if the "gate" notes are to be shown in the plat? Steve Simonson stated he is not sure. The streets are privately owned and not city streets, but he will look into it to be sure. Gary Wallace moved to approve the request from Continental Homes of San Antonio, L.P. for Preliminary Plat Approval of Carolina Crossing Subdivision Unit 4., coirtingent upon the inclusion of adjacent property owners, entrance diagram, 50' building setback and corrected dates. Pia Jarman seconded the motion that carried unanimously. #I3 Consider And Take Appropriate Action: Request from MBC & Associates, Inc. for Preliminary Plat Approval of Greenshire Subdivision Unit 5A. (PC #363-98) Steve Simonson stated that the plat is a continuation of the existing Master Plan. In Block 6, lot 33 an indication of a 1' non-access easement is needed. Ernie Evans stated that lot 36 does not look deep enough, will it requvre a 1' non-access easement? Steve Simonson stated that it will not require the easement because the home could face either street. Steve Simonson explained that traditionally it (1' non-access) is done to single entrance lots. Ernie Evans commented that several lots aze showing different widths. What widths are correct b2' or 60'. Sam Bledsoe stated that the lot widths are 60' and should be the same. The widths will be indicated in the final plat. David Richmond moved to approve the request from MBC & Associates, Inc. for Preliminary Plat Approval of Greenshire Subdivision Unit SA contingent upon the corrections to be made in the final plat. Gary Wallace seconded the motion that carried unanimously. #5 Approval Of Minutes: Pia Jarman moved to open discussion an item #5 the approval of minutes. Gary Wallace seconded the motion that carried unanimously. Ernie Evans asked for corrections to the minutes of February 10, 1998. It was suggested that the following corrections be made to the minutes of February 10, 1998. 4n page one Mike Domgard added to other present. On page two first paragraph correction of the word "on". In paragraph five additional comments made by Pia 7arman and Joyce Briscoe are as follows: `Both stated that something not actually mentioned at the meeting cannot be added to the record of the minutes as such. Pia Jarman suggested that the comments be included as additional information." Therefore, in the last 8 paragraph of Tony Moreno's comment insert "be included for record purposes", "that comments as presented by". On page three item #6 first paragraph add the ward "indicated", "as corrected" and "now". On page four item #8 the addition of "Master Plan". Several typo's need to be corrected and it will be necessary to review tape for the comments by Greg San Marco to determine if he used the word "shape" or "snake." On page five several typo's were noted and in the last paragraph the insertion of "had previously" and `since". On page six, second paragraph insert "In this area, with no street onto Green Valley Road". Several typo's were noted. On page ten corrections made to Pia Jarman comments in general discussion, add "will require" and "if there are not enough regular members to form a quorum" and `when he was late." On page eleven corrections made to Ernie Evans comments in general discussion, add the word "that" correct the misspelled word "commuter" and insert "there is an", "and is similar to what was proposed for Schertz up at IH35 and FM 3009". David Richmond moved to approve the minutes of February I0, 1998 as amended. Keith Van Dine seconded the motion that carried unanimously. Ernie Evans suggested that corrections be turned in to the recording secretary. Ernie Evans asked for corrections of February 24, 1998 minutes. Ted Duigon asked when it would be possible to review the minutes of February 10, 1998. Ernie Evans replied, next week Wednesday or Thursday. It was suggested by the Commission that the following corrections be made: On page two paragraph two the addition of the word "not". Misspelled words were noted on pages 5 and 7 of the words "exit" and "accustomed". On page seven, in the comment by Ren Greenwald, the addition of the words "but" and "now". 9 On page 3 paragraph 3 it was request that the recording secretary review the tape of the discussion by Mr. Kerry Sweatt, as it seems of his comments are missing. On page 7, first paragraph, the addition of comments by Mr. Sweatt: "The site plan is normally staffed more complete before it comes to the Commission. However, this particular site plan is less complete due to all of the illnesses and absence's of the city staff." On page eight, in comments by Ernie Evans, add quotes to the word "me". Ernie Evans suggested that the tape be reviewed for both comments made by Mr, Sweatt. David Richmond moved to approve the minutes of the February 24, 1998 as corrected and the review of the tape. Pia Jarman seconded the motion that carried unanimously. Ernie Evans mentioned that he would provide copies of the APA's rules in the procedures of minutes at the next meeting. #14 General Discussion: Keith Van Dine Keith asked about the water pipe that is laid out in the road, (Lower Seguin Road}, What is it? Steve Simonson stated he is not sure and will check into it. Tony Moreno Tony had no comments. Jovee Briscoe Joyce commented on a wooden gate in one of the cul-de-sacs in Woodland Oak Village that has fallen. What is that all about? Steve Simonson stated that the fence is going to be a metal gate when construction is finalized. She also commented on the garbage on FM 3009 and suggested something needs to be done, it looks bad. She also asked if the area between FM 3009 and Lincoln Drive in Greenfield Village 10 zoned commercial. Steve Simonson stated that the area is not developed-"I don't think the area is zoned commercial, but assumes it is zoned R 1". Pia Jarman Pia had no comments. David Richmond David mentioned his conversation with Roy Barrens vice-president of Hallmark Southern Investment who represents Dover Homes who is developing in Greenshire. The discussion on was of article of March 3 in the business section on the purchases of (Dover Homes) by Kaufman and Broad. Mr. Barren commented to me that the negotiations are still are under negotiation and not finalized. David asked Steve if he knew the outcome of the "Forum" (Shopping Center) vote by the Selma Planning and Zoning? Steve stated he did not know. Gary Wallace Cary had no comments. Ken Greenwald Ken commented that he attended a meeting in Seguin on State Highway 130 concerning the changes that aze proposed. There aze several problems and all the property owners have different proposals. Steve Simonson Steve thanked everyone for their concern, cards and plants. He is healing quickly. He thanked Pia Jarman for sending something nice to Carol (his wife). 11 Steve Simonson wanted to advise the Commission that if a request to the Commission by a property owner is submitted concerning land that the Commission is considering for rezoning, that the property owner's request must be considered prior to the rezoning issue. Ernie Evans Ernie asked the Commissioners for dates to schedule a Comp. Plan meeting? The Cammissianers gave the dates that they can attend. Ernie will schedule the meeting and Iet the Commissioners know. Ernie commented on the construction of Carolina Crossing Urrit 4 and stated that they are moving right along. Ernie commented on a development plat instead of a Master Plan or Site plan. He asked Steve to look into and consider making changes. #14 Adjournment: David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion. The meeting adjourned at 9:30 p.m. Chairman, Planning and Zoning Co fission ATTEST: Planning Secretary, City of Schertz 12