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02-10-1998 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, February 10, 1998 at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz, Parkway, Schertz, Texas. Those present were as follows: PLA,NIVIl~TG & 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 Keith Van Dine Joyce Briscoe Ken Greenwald, Councilman, ex-officio Members Absent Others Present Keith Van Dine (work related) Richard J. Adams, 4305 Spanish Oak Mike Lancaster, 8603 Crownhill Susan Mannecke, 2809 Valencia Lane Bart Swider, 1008 Central Parkway S. Greg San Marco, Don McCrary & Associates T. Zipp, 300 Landa Kermit H. Harborth, 1204 FM 78 Laura Mohan, 3821 Forsyth Park Mike Domgard, 1505 Green Valley Rd. #1 Call to Order: Chairman Evans called the February 10, 1998 regular meeting to order at 7:00 p.m. 1 #2 Approval of Minutes: Regular Session of January 27, 1998 Ernie Evans asked for any corrections to the regular session of January 27, 1998. Ernie Evans stated that on page 1, Keith Van Dine's name is missing under members present. Ernie added that on page b item #9 the word "conformation" to be changed to configuration. Ernie stated he was not present at said meeting and asked if the change is correct? Steve Simonson and Pia Jarman both responded yes. Ernie added that page 8 last paragraph, he checked with Steve Simonson as to the comment made by him and according to Steve the word "property" should be used instead of "warehouse building". Pia Jarman stated that on page 2, item #2 third paragraph "absent at said meeting" be added after the abstention for Keith Van Dine. Pia added that on page 3-bottom paragraph an "e" be added to the word "rational." In page 4, top of the page in the comment made by Pia, it is to read "another reason was". Pia added that on page 7-second paragraph from the bottom, add quotation marks to the statement made by Greg San Marco. Pia added that on page 9, top of the page, an addition of "dealing with" and deletion of the word "in" in the statement made by her. Tony Moreno stated that in item #14 General Discussion in his comments, this is a case of mistaken identity on AER Mfg. Company and AER Mfg. Inc. A mistake was made in the companies and his comments are to read as follows: AER Mfg. Inc. is a remanufacturer of automotive engines and parts headquarters in Carrollton, Texas. The Company was started in the 1940's and has grown to over 500 employees, and has sales in excess of $100 million. AER has contracts with Ford Motor Company, General Motors Corporation, and Nissan Motor Company to supply them automotive engines for use in warranty replacement and aftermarket sales. The company is expected to have 300 employees. This recycling is a clean remanufacture of engines. AER also sells remanufactured engines and parts to all the Ford and Lincoln-Mercury dealers throughout Texas. The original concept for the formation of AER was to recycle old automotive engines and parts into completely remanufactured products of extremely high quality. This recycling continues today and is the lifeblood of AER. Pia Jarman and Joyce Briscoe both stated that something not actually mentioned at the meeting cannot be added to the record of the minutes as such. But suggest the comments be included as additional information. Pia Jarman stated that in general discussion under her comments in the second paragraph the word "on" is to be used. David Richmond stated he has several corrections to his comments in the third paragraph, the word "that" is added to the first sentence. In the second sentence the deletion of "suggested" and the addition of "presented an excellent" opportunity. "David" is to be added to begin the third sentence and the addition of "property adjacent to his east." David added that in page 14 fourth paragraph an addition of "previously" in the comment made by him. 2 Pia Jarman moved to approve the minutes of the regular session of January 27, 1998 with the corrections as noted and that comments as presented by Tony Moreno be included for record purposes. Gary Wallace seconded the motion which carried as follows: Ayes: David Richmond, Pia Jarman, Joyce Briscoe, Gary Wallace, and Tony Moreno. Abstention: Ernie Evans (absent at said meeting). #3 Status Of Final Plats: Final plats for the month of January are Keatts/Close Subdivision, Forest Ridge Subdivision Unit 2, Carolina Crossing Unit 3, and Genuine Parts Subdivision. #4 Status of BOA Actions: Pia Jarman stated that from her last report at the last Planning and Zoning meeting there has been no BOA meeting scheduled. #5 Citizens' Input Other Than Agenda Items: There were none. #6 Consider And Take Appropriate Action: Request from Don McCrary & Associates for Final Plat Approval of Gleeson Subdivision (Vestal Subdivision). (PC #346-97} Steve Simonson stated that this plat was not finalized at the last meeting because the landowners were not indicated. Steve added that the property owner is Vestal Steel Inc. and is now placed on the plat and all other items have been added or corrected. Ernie Evans asked for any comments or concerns from the Commissioners? Gary Wallace moved to approve the request from Don McCrary & Associates for Final Plat Approval of the Gleeson Subdivision. Pia Jarman seconded the motion that tamed unanimously. Ernie Evans stated that he would like to make a comment before the next item on the agenda. He would prefer to go to item #8 before item #7. Ernie asked if the Commissioners had a problem with rearranging the items on the agenda? Steve Simonson stated there is a mistake in the arrangement of the agenda. Item #8 should be discussed before item #7 because the preliminary plat was approved at the previous meeting and corrections were made to the preliminary plat. It has been resubmitted because of the changes and road configurations, and the ongoing change to the over all subdivision as a unit. 3 Gary Wallace moved that the Commission consider item #8 on the agenda before item #7. Pia Jarman seconded the motion that carried unanimously. #8 Consider And Take Appropriate Action: Request from Don McCrary & Associates for Approval of Burkett Subdivision on Live Oak Road Master Plan. (PC #359-98) Steve Simonson stated that the Master Plan shows the requirements on the break out in the total of lots, sizes of lots, and how the lots break out in blocks 1,2, and 3. The master plan conforms to the R-2 zoning in the area. There is a stub-out in Mesquite Drive because the owners are unsure of later development or to use as their own private property. Property owners are in indicated. The 50' right of way in Mesquite Drive is listed and also indicated is the size of the roads. Ernie Evans asked what is the width of the easement if any to the underground pipeline? Steve Simonson stated that this is an item that will have to be addressed in the platting. The information does not have to be on the Master Plan. Ernie Evans stated that Mesquite Drive is shown at 50'. Is it an assumption that Persimmon Street and Cedar Street are bath 50'? Steve Simonson responded yes. Ernie asked that in both Persimmon and Cedar Streets if the dark lines that are indented into the property do they represent the turning lane? Both entry and exit? Steve stated that yes they do. Ernie asked if the size of the islands were known? Steve stated no. Steve asked Greg San Marco if he had an idea. Greg San Marco stated that at the time he did nat. The purpose of the islands is to shape through and around the trees in the area. Ernie Evans asked if on the Master Plan does the information on non-access easement have to be shown on Live Oak Road? Steve Simonson stated no, the plat is the legal document that these easements will be on. A Master Plan shows the configuration and layout of lots, this Master Plan shows a lot of the plat information that is not required for a Master Plan. David Richmond moved to approve the request from Don McCrary & Associates for the Burkett Subdivision Master Plan with corrections to made as noted. Joyce Briscoe seconded the motion that carried unanimously. #7 Consider And Take Appropriate Action: Request from Don McCrary & Associates for Preliminary Plat Approval of Burkett Subdivision on Live Oak Road. (PC #357-98} Steve Simonson stated that the Right of Ways for Live Oak Road, Mesquite Drive, and Persimmons are shown. One property owner's name is missing. The Parkland fee note is corrected. The plat shows the property adjacent as belonging to Ollie Burkett. The plat does not show 1'non access easement that is required along Block 1 and Block 2 of lot 1. Steve added that if there are going to be islands they have to be shown along with a statement saying that all islands are common areas. An inset will be required showing what the island is, dimensions etc. 4 Ernie Evans asked if the Commission would be getting the easement issue information? Steve Simonson stated that the easement issue information is to be shown on the plat, so legally it shows the easement crossing the property. Pia Jarman commented that one of the landowner's (Gutierrez) is misspelled. Steve Simonson stated that would be corrected. Joyce Briscoe asked for a clarification on the underground pipeline since she was not a member of the Commission at the time it was dealt with in Dove Meadows. This is a preliminary plat and if she understands correctly, there is a concern if houses can be built, if the pipeline is interfering. When will the information be provided? Steve Simonson stated the information would be in the final plat to be approved by the Commission. Joyce asked if it is a gas pipeline? Steve Simonson stated that Texaco is saying the pipeline is empty, but he doesn't know and he doesn't trust Texaco. Gary Wallace moved to approve the preliminary plat of the Burkett Subdivision on Live Oak Road as submitted by Don McCrary & Associates, contingent upon proper identification of adjacent property owners, island identification in description and location, dimensions of the gas line easement and the corrected set of notes for the common area of the islands. David Richmond seconded the motion that carried unanimously. #9 Consider and Take Appropriate Action: Request from William & Susan Mannecke, 2809 Valencia Lane, Greenshire Subdivision for a Special Exception to the Zoning Ordinance to encroach 8' into the 20' rear yard setback. (BOA #100-98) Steve Simonson stated that the request is for a deck for a pool that will encroach into the 20' building setback and because the deck is attached to the house. This is not encroaching into any easements this is strictly a building setback issue. There is plenty of sideyard and there will still be 8' to 10' to the backyard fence. Pia Jarman moved to forward the request from William & Susan Mannecke for special exception to the zoning ordinance to encroach 8' into the 20' rear yard setback to the Board of Adjustment recommending approval. Gary Wallace seconded the motion that carried unanimously. #10 Consider and Take Appropriate Action: Request from Kermit G. Harborth to rezone a portion of 40.66 acres from R-1 to R-2 bounded by FM 3009 and Green Valley Road. (ZC #150-98) Steve Simonson stated that this is a new request and the issue of gated, the road to Green Valley Road, and R-6 lots have all been removed. This is a portion remaining of R-1 and some R-2 zoning in the area. The request is for the remainder of the property to be zoned R-2. David Richmond stated that he appreciates what has been done given the comments at both public hearings. It is a surprise to him and he would like Mr. Lancaster to comment, since Mr. Lancaster had previously made some profound comments that there is "no way in the world that the property can be developed without R-6 zoning in order to clear a profit." 5 Mr. Lancaster stated that the memo that is enclosed in the packets explains that everyone involved in the project has tightened their belts and is taking less than originally planned. The most expensive project involved with the development is crossing Dietz Creek and everyone is working together for it to be a financially viable project. David Richmond stated that in the previous proposal, there was a street access off of Green Valley Road that ran into another street, and lots are proposed. Now the proposal is to have all lots in this area, with no street onto Green Valley Road and his concern is what is the lay of the land relative to the low water crossing? Steve stated that the area is all above the low water crossing. Steve added that there are two problems that will have to be dealt with, the access to Green Valley Road and the blind entrance to the subdivision. Steve commented that if this request is approved the plat will show the 100 year flood plain information. Ernie Evans asked what is the size of the recreational lot that is identified in the plat? Mike Lancaster stated that he did not know the exact square footage. He added that it scales out to about 150' at the end and about 40' fronting the streets main entry. There are plans for a pool, clubhouse facility facing the creek. The elevation of the creek can not be changed and plans are to remove the under brush and not any of the trees so the creek can flow properly. There are some concerns from surrounding neighbors of water ponding in times of rain. Mr. Lancaster added that the engineers working on the project suggested a pilot channel that will aid in drainage. He also passed pictures around showing how they plan to save the two large oak trees in the road. Steve Simonson stated that Mr. Lancaster's request is not to rezone the front of the property. The frontage property is zoned "Office Professional" and is retained by Dr. Harborth. Ernie Evans stated that primarily this applies to the front corner that is on Green Valley Road and FM 3009. Steve Simonson stated that the whole area is zoned `Business". Ernie Evans asked about the 24' wide emergency easement? Is it going to cause a problem going in and out of the cul-de-sac? Steve Simonson stated that it is the same emergency easement that was allowed in Woodland Oaks Village. The 24' easement is wide enough to carry the city's emergency trucks. It is not wide enough for two vehicles to pass. Pia 7arrnan asked if a break a way fence is planned at the end of the easement? Steve Simonson stated that the agreement with Mr. Lancaster is that the gate will be a solid break-a-way gate of the rod iron variety similar to the gate in Berry Creek Subdivision. It will take a heavy piece of equipment such as a fire truck or an EMS unit with a large bumper to pop the gate open. Steve added that the Oak Forest residents are protected from someone trying to sneak in and out of the subdivision. This is a variance to the ordinance, to provide a single source entrance to the subdivision far emergency vehicles to get in and out. Gary Wallace asked Steve what do the traffic experts tell us the traffic of 108 lots would generate at the one exit/entrance? Steve Simonson stated the information would be provided in the traffic analysis that has been requested from Mr. Lancaster. The traffic analysis will have to 6 be provided to city star before the request goes forward to a public hearing. Steve added that Mr. Lancaster has stated that the information will be provided if the request goes forward. Ernie Evans asked about the fencing along the Oak Forest Subdivision and the two large lots abutting the property. Mr. Lancaster stated that the plan is for a wooden fence backing up to the back of the houses. The fence is a 3 '/2" galvanized metal post every 8', between the metal posts with metal connectors there are three wolmanized rails that the fence (privacy) pickets are nailed to, with a 2"x 6" cap on top. On the two large lots abutting to the property, Mr. Lancaster was talking with the owners before the meeting about a different type of fencing and maybe sharing in the cost. No decision was reached before the start of the meeting. Ernie Evans commented to Mr. Lancaster that he might wish to change his terminology (words) when refemng to fence construction at the public hearing. The use of the words "split rail" doesn't portray an 8' wooded privacy fence to most people. Most people perceive a country or western true split rail fence. Ernie realized that Mr. Lancaster is using a construction reference for the fence and doesn't feel that most people at the public hearing will understand, as they did not understand at the previous public hearing. Ernie Evans asked Mr. Lancaster if this type of fencing would surround the entire subdivision with the exception of negotiations with the two large acreage tract owners. Mr. Lancaster commented this is true. Mr. Lancaster added that there would be no fencing requirement on the lots backing up to the creek. David Richmond asked if Mr. Lancaster is still working with the same builder. Mr. Lancaster responded yes, Pulte Homes. David asked if there would be changes in construction given. the change in zoning? Mr. Lancaster commented yes, the lots are larger and more expensive, and the subdivision will have a more expensive home. There is discussion of starting in the $130 thousand range, however, a decision has not been made with the corporate offices, so for the moment he does not know. David stated that hopefully the information would be available for the public hearing given the major concerns at the previous public hearing to the lot size and home size. A larger home is what most people had advocated and the general concern is density that would bring about the problems. Dr. Harborth stated that he had taken a substantial reduction in the purchase of the land because of the compatible use. He stated that in the past years he could have sold the land for a lot more money and a lot lesser home than what is being proposed today. Dr. Harborth commented he has a problem with the concerns of the Commission. David Richmond stated that the concerns of many of the residents at both public hearings is in keeping the general development of the area and that the nature of the heavily treed property also lends itself to larger lots and a better class of construction. David commented that these are questions will be encountered at subsequent public hearings and he thinks this is a monumental step in the right direction to address the concerns that have been raised at the previous public hearings. Mr. Lancaster commented that the plan is to have a mix of 70' to 80' lots. The lots in the Greenshire Subdivision and in the Forest Ridge Estates range from 70' to 75' lots. Mr. Lancaster commented that he feels the product that will be put in the subdivision will be very 7 comparable to the two subdivisions. Pulte is looking at the area as its "Flag Ship" because of the area's natural beauty. Dr. Harborth commented that this is the first time a developer has come to him with plans to do something with the creek area. He is retaining the commercial property in front but feels some credit is to be given to the developer because it will take some money to develop the "green area", leaving the trees and putting in the entrance. Ernie Evans stated that the Commission understands very well but the Commission does not want to go the public hearings and not have the concerns of the citizens addressed. The trees will still be an issue as well as the islands, which are not shown. Mr. Lancaster stated that for the moment a tree survey is out of the question until some decision is reached. Ernie Evans stated that another issue of concern is the fence issue with the two property owners on the backside of the area. Ernie Evans asked Mr. Lancaster how soon he would be ready for a public hearing if one would be scheduled? Mr. Lancaster stated that "as soon as possible". Richard Adams stated that he can not speak for everyone but that he represents many of owners in the area and they would like to see Pulte as the builder and requests some consideration for the request to go forward. Steve Simonson stated that the dates have been scheduled if the request is forwarded. The public hearing for the P & Z is on March 10, the City Council public hearing on March 17, 1998. Pia Jarman asked if the Traffic Impact Analysis had to be available at the time of public hearing? Steve Simonson stated that the analysis has to be a part of the packet at the time of public hearing. David Richmond asked if Mr. Lancaster is aware of the type of analysis that is required for the public hearing. Steve Simonson stated that Mr. Lancaster is aware of the city ordinance on the Traffic Impact Analysis and will have what is needed at the time of public hearing. Mike Domgard stated that once the P & Z Commission rules on the change of zoning in a particular area, can the zoning be changed? Steve Simonson stated that the zoning change is a legal document and it can not be changed. Pia Jarman moved that the Commission forward to City Council and request that public hearings be scheduled on the request from Kermit G. Harborth to rezone a portion of 40.66 acres from R- 1 to R-2 bounded by FM 3009 and Green Valley Road. Tony Moreno seconded the motion that carried unanimously. #11 Consider and Take Appropriate Action: Request from the Planning and Zoning Commission, City of Schertz, to rezone 77 acres of the Besch property (formerly North Wood Subdivision) located approximately 1650' east of FM 3009, bordered on the south by Green Valley Road, on the west by Kermit G. Harborth property, on the north by Simmons property and on the east by Frederick Schlather property. (ZC #151-98). 8 Steve Simonson stated that this request has been in discussion by the Planning and Zoning Commission for the last five to six months. This subdivision (North Wood) at the present has the zoning of R-5, Office & Professional and 11 acres of multi-family since the late 80's and no development has taken place. The zoning in the area presents many problems if a developer would propose development to the current zoning. A general outline has been given of the location and a letter is submitted by Mr. Domgard and Pat Gauntt requesting that the area be zoned to its original zoning of R-1. If the request goes forward the city will provide the metes and bounds. Gary Wallace commented that the condition of Green Valley Road dictates that something other than R-5 be done in the area. Steve Simonson stated that there is a complete change in the economics of the area, the housing quality of the area, so the current zoning for the area is inadequate. Joyce Briscoe stated that the re-structuring committee at the High School is asking what is going to be done with all the kids. Does the city build another High School? That costs a lot of money. So lets slow down the growth. Steve Simonson stated that it is hard to slow down growth because the city can not tell one person you can sell your land and tell another person you can't. Steve commented that the city can plan and direct growth and that's the key to the type of city that is wanted. The city needs to provide for all the citizens and he feels the city is doing a good job. David Richmond asked Steve if he had any idea what the property owner's feelings were? Steve Simonson stated he did not, but all that would come out at the public hearings. The property owner's will be notified. David Richmond stated that the timing is perfect for the zone change with the proposal from Mr. Lancaster. Ernie Evans commented that in the city's UDC there is a checklist that the Commission will be compelled to answer. The items have been answered and he feels there is no reason not to go forward with the request. Gary Wallace moved that the Commission forward the request from the Planning & Zoning Commission to rezone 77 acres of the Besch property (formerly North Wood Subdivision) located approximately 1650' east of FM 3009, bordered on the south by Green Valley Road, on the west by Kermit G. Harborth property, on the north by Simmons property and on the east by Frederick Schlather to the City Council recommending public hearing be scheduled. Tony Moreno seconded the motion that carried unanimously. #12 General Discussion: Tonv Moreno Tony commented on the meeting of the Tax Increment Finance (TIF} Group. The cost of widening Schertz Parkway and getting bids from contractors as to the cost is in process. The widening will be from IH 35 to Live Oak Road. Mr. Bierschwale estimated the cost would be 9 around 2.4 million dollars. They are considering five lanes, which is option number one. An alternate is having lights in the middle of the street and islands. A walking path on one side and a sidewalk on the other. Another option would be four-lanes with a turning lane. This will depend on the cost and the plan is progressing. Pia Jarman stated that option two is what was discussed in some detail at the joint meeting of the P&Z Commission and TIF. Gary Wallace Gary had no comments. Joyce Briscoe Joyce had no comments. Pia Jarman Pia stated that because of what happened at the Board of Adjustment meeting not having a quorum. She suggested that the Planning and Zoning Commission consider appointing an alternate to the Commission. The Commission has not had a problem but if the Commission gets down to a bare quorum that might cause problems because there are some issues that need four concurring votes. She added that BOA would require that the alternate member attend all the meetings. Planning and Zoning Commission can do the same if there are not enough regular members to form a quorum. David stated that the Commission is trying to take care of a contingency that he has never seen happen in the time he has served as Commissioner. Tony mentioned he remembers that happening once, when he was late. David Richmond asked if the city could have legal problems for not having a meeting. Steve Simonson stated it happens very irregularly and no one can come back legally because it is a non-paid Commission and volunteer citizen participation. Steve added that the current Commission members have been good at attending meetings. David Richmond David mentioned that many of the streetlights along IH 35 are out making it a very poor lit area when traveling at the very early hours of the morning and evening traveling. Another area of concern is the area along FM 78 to Cibolo Creek. David asked if the city could ask TXDOT to come out to check the light situation on IH 35. Steve commented that TXDOT is good in coming out to take care of the lights and he will check into it. Ken Greenwald Ken stated that to his knowledge GVEC has fixed the lights along FM 78 about three or four days ago. 10 Steve Simonson Steve stated that Mr. Sweatt requested that the Commissioners receive the article (The Trouble with Zoning) from the Governing magazine to be part of the packet for review. The article is interesting and informative. Steve commented that the city has very stringent zoning requirements but some of the zoning in conjunction to the article and to the "Zoning Report" makes this some "food for thought". Steve also passed out some information from the APA's policy on Manufactured homes and information on group homes (i.e. handicap, halfway houses}. This is additional information in "food for thought" that is well researched on policy guides and it might be something the city will want to add to the UDC. The information gives the city some options in dealing with this type of request when it arises. Ernie Evans Ernie commented on issues not in the city's UDC. Because it is not in the UDC does not mean that the Commission can not hear the request. Several of the issues in zoning and the changes in the city need to be looked at and if changes or revisions need to be made to the UDC. There are several issues that the Commission would like to bring up to speed and addressed and will do so as the city grows. Ernie commented on an article on apartment complexes. The article mentions the San Antonio corridor for apartment complexes and what is happening in the corridor for the city. We are going to see this come up IH 35. The article is interesting and formative on this issue. Ernie also commented that in the city of San Marcos' there is an apartment complex that is done very nicely. This is the type of commuter project that the article describes for the corridor in San Antonio, and is similar to what was proposed for Schertz up at IH 35 and FM 3009. #13 Adjournment: David moved to adjourn the meeting. Gary Wallace seconded the motion that carried unanimously. The meeting adjourned at 8:45 p.m. ` - Y Chairman, Planning and Zo ' g Commission ATTEST: Planning Secretary, City of Schertz 11