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01-13-1998 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened and conducted a Public Hearing on Tuesday, January 13, 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-oficio Members Absent Others Present Mike Lancaster, Lancaster Development Co. Bart Swider, 1008 Central Pkway S. Jean Stewart, 1308 Circle Oak Jerry Hennig, 1414 Circle Oak Jean Floyd, 1504 Circle Oak Richard Adams, 4305 Spanish Oak Greg San Marco, Don McCrary & Assoc. Robert & Christa Horne, 1422 Circle Oak Kermit & Dot Harborth, 1204 FM 78 Mike Domgard, 1505 Green Valley Rd. Richard Hicks, 3420 Estates Dr. 1 Gary McCartney, 4300 Lazy Oak Jim Aderhold, Attorney 113 E. Travis, San Antonio, Tx. Harry McMillin, 3009 Bent Tree Cuff Sands, 2661 Cotton King Ron Glazener, 1512 Circle Oak Gilbert Bethel, 4200 Crown Oak #1 Call To Order: Chairman Evans called the January 13, 1998 meeting to order at 7:00 p.m. Chairman Evans explained the procedures to be followed at the public hearing and thanked everyone for their concerned interest. He requested that anyone wishing to speak sign in and come up to the podium so comments could be heard by those present as well as recordings made of it. The City Council will hold their public hearing on this item January 20, 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 from R-1 to R-6 and R-2 the portion bounded by Oak Forest Subdivision. (ZC #147-97) Ernie Evans asked for staff input. Steve Simonson stated that in accordance with the city ordinance, 27 letters were sent out to property owners within 200' of the property. Six (6) letters were received back, all opposed to the rezoning request. No letters were received in favor of this request. Mr. Mike Lancaster stated that several changes were made to increase the size of the lots to R-2, 8,400 sq.ft. The street connection between the two subdivisions is deleted. The Oak Forest homeowners association had expressed that they did not want the two streets to connect so that their neighborhood can stay the same. Mr. Lancaster that stated an engineer was engaged to do a Traffic Impact Study. He commented that the study showed that only one way in and one way out is needed for the amount of lots. The request for the subdivision to be gated has also been deleted which also deleted the variance requested for the masonry fence. No engineering has been done up to this point awaiting the outcome of the meeting this evening. The Homeowners' Association (HOA) also expressed some concerns about drainage. We are in the process of conducting a drainage study that will be turned over to the City of Schertz so that the study can be reviewed and recommendations made to insure a water hazard is not created. We understand the HOA would like to see a masonry fence between the two subdivisions but right now what we 2 financially are willing to do is put up a metal post fence with three rails. With the home prices starting at $130,000, hopefully, the fences will be fairly well maintained. A masonry fence would increase the cost of each lot from $3,500 to $4,000 and we could not be competitive in the market place with this type of increase per home. Mr. Lancaster passed out two letters: one from the Highway Dept. on The Traffic Impact Analysis and the other from his engineer. Chairman Evans opened the floor for citizen input. Richard Adams, 4305 Spanish Oak, president of the HOA for Oak Forest thanked the Commission for volunteering their time. Mr. Adams stated that the developer had addressed the issues that the homeowners were primarily concerned with. One is the road connecting Golden Oak to the subdivision. The other is the drainage and the privacy issue of the lots that abut Circle Oak. Another issue that is of some concern is the trees. The HOA understands the City has a tree ordinance and that the ordinance applies to trees of 8" in diameter or greater to be saved if possible. Is this a correct assumption? Ernie Evans stated it is a correct assumption. Mr. Adams stated that he was told this ordinance only applies to property being developed and does not apply to the property owner on his own property. Is this statement also correct? Ernie Evans stated he could not answer this question. Mr. Evans referred this question to city staff, Mr. Simonson, who could not answer it. Mr. Adams stated that if Mr. Harborth wanted to he could cut down all the trees on his property because it is agricultural property but never the less if this is true or not this area is the last greenbelt area in Schertz that is not developed. Mr. Adams stated that Mr. Lancaster had assured him that he was going to do everything possible to save every tree he could. However, with the R-6 zoning, the lots are narrower than R-2, so there might be some consideration given to rezoning the wooded area to R-2. Another concern of the homeowners is that the developer not build any two-story homes along the property abutting Oak Forest but the homeowners understand that under any zoning this is not possible. They are asking the builder to take some consideration of the homes along that line to insure privacy. Jean Stewart, 1308 Circle Oak, stated she is not in favor of R-2 and R-6 zoning making the lots smaller. She feels R-l, 9,600 sq.ft. lots are probably the minimum. She stated that Mr. Lancaster had assured her that the larger houses of R-1 would back up to Circle Oak Dr.. Mrs. Stewart stated she didn't see this information on the plat map. She also stated that the water drainage information was not on the plat map. She wants to be assured that the property will not be rezoned for low-income housing. The buffer zone or fence, she was originally told was going to be a drainage ditch. She is not in favor of the metal post and rails for fencing; she feels this is not a privacy fence. She also stated that with the 140 homes planned, she could not see how the saving of trees is possible. Mike Domgard, 1505 Circle Oak, stated that he and Pat Gauntt purchased their property from Dr. Harborth in 1990 and have built their 5,000 sq.ft. homes. The selection of the property was not. so much for the trees but for the precedent the City of Schertz had set in that general area for a larger and more exclusive type of homesite. He has a problem with R-6 zoning not having another outlet; Green Valley Rd. can not handle the extra traffic. Greenshire and Qak Forest Subdivisions both have quality homes with R-1 zoning. The zoning to R-6 would make it a high- density area with lower income type housing. He would like for the property to stay R-1. Mr. Domgard stated that it is his understanding that someone had the option to purchase the property 3 behind Oak Manor Estates and was told that he would have to repair and improve Green Valley Rd. in order to build behind the property, the purchase was not made. The Commission has looked at this property so at this time he would like to suggest that it be rezoned to R-1. Ernie Evans made a clarification that the proposed developer Mr. Lancaster is presenting a concept of a Master Plan for the proposed development, no platting has been done to the property and no platting will be done until the zoning issue is resolved. Jim Aderhold, attorney representing Mr. & Mrs. Pat Gauntt, stated that Mr. Gauntt is in opposition to the rezoning for the same reasons mentioned at the meeting this evening. Mr. Aderhold stated that the plat he has is different from what is being presented tonight. It is difficult to make decisions when changes are made that we are not aware of." The statement by Mr. Lancaster for plans of $130, 000 homes that "hopefully the homeowners would help to maintain the fencing" will not do. Mr. Aderhold pointed out that "hopefully" does not feed the "bulldog". The subdivisions surrounding this tract of land are zoned R-1 and R-2 and the developer is asking for zoning of the 40 acre tract to R-6 creating a "donut hole". The logical legal conclusion is, the City is being asked to "spot zone" which is unlawful in the State of Texas. Mr. Aderhold stated the same concerns as previously voiced by other citizens. Mr. Aderhold stated this would be a substantial public detriment if the City allows such zaning and it might be subject to settlement in a court of law. Harry McMillin, stated he lives in the Greenshire Subdivision and had a few comments. Driving through the subdivision this evening he saw four (4) deer running through the woods. Mr. Lancaster's proposed housing development would eliminate the wooded area. When is "enough, enough"? "When do we stop changing things, when do we stop changing the basic strategy. The zoning would allow more houses, more families, children, taxes, more requirements for schools and police and fire requirements." Jerry Henig, 1414 Circle Oak, stated that he and his neighbors received their letters as property owners and chose to attend the hearing rather than return the forms. He stated that of those present, all but one is property owners that line up to speak to you tonight. He hopes that the Commission considers their presence instead of their written response as their opposition. Richard Hicks, 3420 Estates Dr. stated that he is not one of the residents that were sent original letters, but he lives across the street in Greenshire Estates and reiterated some of the concerns voiced this evening i.e. Traffic on Green Valley Rd. He moved to Schertz from Boerne six- months ago and is very pleased with his home, the area, and environment. The big issue is the environment. He chose his property for this reason but before he picked this property he checked the zoning map at City Hall to see what he could plan around it. Because about 20 years prior he had zoning changes behind his house in Thousand Oaks and the zoning was changed from single family to multi-family housing. The bottom line it changed the property values. Changing the zoning is something you can not guard against. If the development is allowed the city will not only betaking away land from the surrounding property owners but it will be taking people away from Schertz. No one present is disputing the property owners right to sell the property, `what we are disputing is changing the zoning from R-1 to R-6 and R-2." 4 A concerned citizen asked what the city could do about traffic control on FM 3009. Ernie Evans stated the city had no control of the ROW on FM 3009. This is a state right of way. The city has requested traffic counts from the state so the city can look at stoplights, and traffic control devices. The city cannot put up stop signs either. The city does not control FM 3009, everything needs to be approved by the state. The city has requested that the state look at FM 3009 at least once a year. The city is concerned with the problems just like the citizens. The same citizen's concern is water, where is the city planning to get their water? Chairman Evans stated the city is working on the issue but this would involve a long discussion. He will take it off line to return to the subject of the public hearing. Mike Lancaster stated he would like to address some of the citizens' concerns. He agrees that the environment is important. Another critical issue is the property right of the property owner to be able to sell his property. Mr. Lancaster stated that changes have been made from the original plan after meeting with the present and past presidents of the HOA of Oak Forest and going by their input tried to reach some type of agreement in increasing the size of the lots. In the zoning of R-1 the setback line would be the same as R-2. He stated he didn't think this is a "spot zoning" situation. The zoning behind the proposed property is zoned R-5, which is 5,000 sq.ft. lots. The property also abuts the larger homes in Oak Forest, so this is not "spot zoning". The developer is going to consider preserving the beauty of the trees. Another issue is traffic. The traffic impact analysis Mr. Lancaster submitted shows a 16% increase in and out of the subdivision going out to Green Valley Rd. He has also been in discussion with city staff for a fund for the improvement of Green Valley Rd. From the FM 3009 traffic stand point we are aligning the entrance to the subdivision to Savannah Drive. Last March a study was made on two different intersections. Woodland Oaks warranted a light because of sufficient traffic, Savannah Drive did not. Making this afour-way intersection would increase traffic warranting a light at Savannah Drive. There were disgruntled noises as well as derogatory statements from the public to this statement by Mr. Lancaster. Mr. Lancaster stated that if any one had more questions after the meeting this evening to please feel free to call his office. Ernie Evans reminded everyone of the City Council Public Hearing scheduled for January 20, 1998 to discuss this issue. He thanked everyone for their comments and attendance. #3 Adjournment of Public Hearing: Chairman Evans closed the public hearing at 7:45 p.m. #4 Call to Order: Chairman Evans called to order the regular session of the Planning and Zoning Commission at 7:50 p.m. #5 Approval of Minutes: Regular Session of December 9, 1997 s r, _ . Mr. Evans stated he had members of the Commission call him on several corrections to the minutes. He felt it would take too much time to go through the corrections at this time. Pia Jarman moved to postpone the approval of the minutes, until the end of the meeting, before Item #13 general discussion. Joyce Briscoe seconded the motion which carved unanimously. #6 Status of Final Plats: There were none to report. #7 BOA Actions: Pia Jarman stated that the January 5, 1998,regular session of the BOA had to be cancelled because there was no quorum. #8 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. Harborth property bounded by FM 3009 and Green Valley Road from R-1 to R-6 and R-2 the portion bounded by Oak Forest Subdivision (ZC #147-97) Steve Simonson stated he did not have any further input. He stated that the Commissioners have a copy of Mr. Lancaster's Traffic Impact Analysis which will be reviewed by the Public Works staff and City Engineers. This is one of the issues that has to be covered in order to proceed with the platting if it is rezoned. Ernie Evans commented that not having the information prior to the meeting this evening, the Commission has not reviewed the information. In looking at the information it does not seem the study is appropriate. It appears only one traffic period is addressed and he believes the study requires that all high traffic peak periods be addressed. David Richmond asked Mr. Lancaster if there has been discussion on developing the property as R-1. Mr. Lancaster stated, yes. David asked if plans have been looked at to see if this is possible? Mr. Lancaster stated yes, but the economics do not work out. To stay competitive with the surrounding subdivisions this project is the one that will work for us. The development is getting tight. We will need the same amount of water, acreage cost and less lots. The development can not work at R-1 level. David Richmond stated that Greenshire Subdivision is zoned R-1 and did not have any problem selling lots. They were sold before streets were paved. The interest is in protecting the land. People are moving out of the larger cities to take advantage of the "country" situation. This might be an issue to reconsider. 6 Gary Wallace asked about the Creek in proposed development. Is it a problem to cross it? Mr. Lancaster stated it is expensive. It would cost around $200,000 to build a bridge crossing. Pia Jarman reminded the Commission that under item #3 of the section to be completed by the Planning and Zoning Commission of the checklist for zoning/rezoning of land, the Commission is constrained to three conditions the petitioner must meet: (1) Is the requested change in keeping with the Comprehensive Plan adopted by City Council, (2) There have been environmental and/or economical changes which warrant a change since its original zoning, (3) That granting the request would not create an incompatible use different from the surrounding property, or show favor to the property under consideration for rezoning (spot zoning}. Pia Jarman continued that it is easy to understand a spot zoning issue when a manufacturing plant is put into a residential area, but that perhaps from the R-1 homeowner's point of view there is another interpretation of spot zoning i. e. down zoning to greater density. Ernie Evans asked Steve if he is correct in assuming that there is nothing worked out on the issue of Green Valley Road. Steve Simonson stated that the developer, if this project is allowed, is responsible for a certain portion of the road. "We have not worked out the final mechanics on the road building portions or escrow money." Ernie Evans asked, "What agreement do we have from Mr. Lancaster to accept this if any, in writing?" Steve Simonson stated this would be worked out with the City on a percentage basis, but nothing in writing exist at this time. Ernie Evans stated that no tree study has been done showing us how the developer plans to deal with this within the bounds of the property. The proposed exit onto GreenValley Road is placed at the bottom of the hill. Mike Lancaster stated the exit is more toward the middle of Green Valley Road. He has not initiated a tree survey because of the project being at a stand still. "I do not want to spend money until I have to, and I understand this has to been done before the platting." Ernie Evans stated he will continue to question the 30' easement, the depth of the lot along Oak Manor Estates, and he feels the road will not come out at the top of the hill where the visibility is poor. Mr. Lancaster stated it is closer to the middle of the road and that the line of sight has been addressed. Pia Jarman recalled that when Ashley Place One came to the Commission, the developer had a plan on how to save particular trees. She had re-read the pertinent minutes and the Commission had requested a tree survey. Ernie Evans commented this was done. Keith Van Dine stated that "You say economically you cannot afford to build R-1 homes. To do that, it would cut into the profits as opposed to R-6 and R-2. You are going for volume." Mr. Lancaster stated that when you substantially invest in land and it will be one year plus before selling a home, the density helps in bringing everything together. 7 Keith Van Dine asked Mr. Lancaster if he had discussed with Dr. Harborth the possibility of R-1 homes. Mr. Lancaster stated yes but with R-1 there is no guarantee for selling, the length of marketing time, etc. Joyce Briscoe commented that Pia mentioned "compatible use." The homeowners in the area feel that R-6 and R-2 are in compatible. "I am reminded of Crreenfield Village. The rezoning in that area had major consequences for taxpayers. We had to build an expensive wall to eliminate the road noise." Pia Jarman clarified Mr. Lancaster's statement that R-2 and R-1 setbacks are the same. The set backs for front yard, side yard etc. are the same, but to set the record straight the lots are different sizes. R-2 lots are 8,400 sq.ft. and R 1 lots are 9,600 sq.ft, Ernie Evans commented he cannot speak for the rest of the Commissioners, but he is not comfortable with the information currently available to make a valid decision. Green Valley Road and the Traffic Impact issues are two very serious issues that need to be addressed. Another concern is the street coming out of the subdivision onto Green Valley Road. Pia Jarman asked Steve Simonson if the traffic impact analysis will be analyzed by the City engineer and will there be an agreement on the issue of Green Valley Road by the time City Council has their meeting. Otherwise the P & Z recommendation to City Council to hold the public hearing will be a moot point if they don't have all the information. Steve Simonson stated he cannot answer the question on the road issue, the City engineer will review and give their recommendations. The meeting has akeady been announced and City Council will have to go forward and hold the public hearing. Gary Wallace move to forward the request from Lancaster Development Company to rezone approximately 40.66 acres of Kermit G. Harborth property bounded by FM 3009 and Green Valley Road from R-1 to R-6 and R-2 (at the portion bounded by Oak Forest Subdivision) to City Council, recommending disapproval due to the inconsistency or compatibility to the zoning pointed out, and the potential impact it will have to the adjacent property owners due to the fact that the R-6 zoning will make it more difficult to preserve the last of the wooded treed areas in Schertz; and due to the increased traffic that will be put on Green Valley Road. David Richmond seconded the motion which carried as follows: Ayes: Ernie Evans, Pia Jarman, Joyce Briscoe, David Richmond, Gary Wallace Opposed: Keith Van Dine, Tony Moreno Mr. Lancaster stated is it feasible to go to City Council? Steve Simonson stated it will be on the agenda and City Council will proceed. Mr. Lancaster has the option to ask City Council to table the issue etc. s Keith Van Dine stated that he voted in opposition because he did not have enough information, he could not make a decision to disapprove and feels the Commission could have tabled the issue until Mr. Lancaster could furnish more information. Pia Jarman pointed out that Mr. Simonson stated City Council was already committed to holding the Public Hearing on January 20. That is precisely why she had asked that question earlier. #10 Consider And Take Appropriate Action: Request from Tri-County Business & Industrial Park for Final Vacate/Replat Approval of Keats/Close Subdivision. (PC #340-97) Steve Simonson stated that the corrections have been made. The flood plain map, signature of owner are included; also reflected as discussed in the past, instead of using "replat" the Commission requested that `vacate" is the terminology to be used in an area that is replotted. Pia Jarman asked Ernie Evans to reiterate the difference between vacate/replat and vacate/plat as the Commissioners were told at the APA Conference. Ernie Evans stated there is nothing on a replat that can change easements, access and or property boundaries. The plat in discussion is a "replat" that changes property boundaries. In terms of TML language the Commission should use "plat." Pia Jarman moved to approve the request from Tri-County Business & Industrial Park for final vacate/replat of Keats/Close Subdivision. Gary Wallace seconded the motion which carried unanimously. #11 Consider And Take Appropriate Action: Request from Don McCrary & Associates for Preliminary Vacate/Replat Approval of Genuine Parts Subdivision, Tri-County Business Park Steve Simonson stated the word `vacate" on the plat is not correct. On lot 10 and 11 the utility easement information is missing. Flood information, site location map, scale and the owner signature is not necessary on a preliminary plat. They have spelled "Schertz' correctly and the P & Z Commission statement is correct. Ernie Evans asked, "is there an owner of Tract 1 Lot 5, Block 1" other than Tri-County Business? Steve Simonson stated he did not know he would have to check. Joyce Briscoe moved to approve the request from Don McCrary & Associated for Preliminary Vacate/Replat of Genuine Parts Subdivision, Tri-County Business Park with corrections being made or discussed. Keith Van Dine seconded the motion which carried unanimously. 9 #12 Consider And Take Appropriate Action: Request from Don McCrary & Associates for Site Plan Approval of Genuine Parts Company, Tri-County Business Park. Steve Simonson stated this is a two-sheet site plan. No fence is requested. The sign is on the building. Nandi-cap parking, dumpster, the front parking, are labeled with type of lighting; the second sheet shows the on-lighting and landscape to be used. Ernie Evans commented that the opening to the building, the egress and ingress do not face Tri- County Parkway. It faces the area labeled asphalt parking. Is the entire face of the office complex office all glass? Greg San Marco stated the height of the glass is 12'. Gary Wallace moved to approve the request from Don McCrary & Associates for site plan approval of Genuine Parts Company, Tri-County Business Park. Joyce Briscoe seconded the motion which carried unanimously. #13 Consider and Take Appropriate Action: Request from the Fairways at Scenic Hills Unit 1 for an extension of six-months in accordance to Article 11, Section l l .b of the UDC. Steve Simonson stated that Mr. d'Hemecourt is asking for an extension on a plat the Commission approved. Mr. d' Hemecourt is having some problems getting approval by Comal and Guadalupe County. Mr. Simonson stated he did not know what kind of problems. This is a legitimate request from the developer and according to the city ordinance he is allowed an extension. Asix- month extension can be given one time only. Ernie Evans asked if similar issues will have to be addressed with both Comal and Guadalupe County? Steve Simonson stated he did not know. Comal and Guadalupe do not have an ordinance like the City of Schertz. The City of Schertz will have to stand on its own. Keith Van Dine wondered if six-month will be adequate to help the developer. Steve stated the developer understands that if their problem is not resolved in the six-month period, they will have to come back to replat. Ernie Evans stated the Commission is authorized to give them one extension. Keith Van Dine moved to approve the six-month extension for the request from The Fairways At Scenic Hills Unit 1 in accordance with Article 11, Section l l.b of the UDC. Gary Wallace seconded the motion which carried unanimously. #5 Approval Of Minutes: Ernie Evans stated the Commission at this time will discuss any corrections to the minutes. Pia Jarman stated that "Mickey" Tereletsky is incorrectly recorded as Marilyn Tereletsky. 10 Joyce Briscoe stated that because she had numerous corrections to the minutes that would take too much time this evening, she suggested everyone's corrections be turned over to the recording secretary. The corrections can be made and mailed to the Commissioners for review. Ernie Evans stated he did not have a problem with the suggestion. The Commissioners were in agreement. Joyce Briscoe moved that the Commissioners with corrections are to turn over any corrections to the recording secretary to be corrected. The corrected minutes will be mailed out by Friday to the Commissioners. Keith Van Dine seconded the motion which carried unanimously. #14 General Discussion: Joyice Briscoe Joyce asked why the Commissioners don't vote by voice instead of a show of hands. If we are recorded in our actions why do we not vote by saying Aye or Nay? Pia Jarman stated there isn't any reason other than tradition that the Commissioners vote in this manner. It can be changed if the Commission so desires. It is not written anywhere one way or the other. Ernie Evans stated that City Council votes in the manner suggested by Joyce. If the Commission desires, it can adopt the procedure. He suggested it be an agenda item for the next meeting to give the Commissioner a week to think about it and then poll the Commissioners on their decision Joyce asked Steve if anything could be done to clean up FM 3009 trash. She suggested HOA's clubs, concerned citizen's etc. adopt a section to be cleaned It does not make a good statement to see trash along FM 3009. The city needs to take responsibility to clean up. She suggested looking at Municipal Court for some individuals required to do community service. Steve Simonson stated he would look into it. Keith Van Dine Keith stated that all the pipe out in his area must be for the water line. He is very glad to see it coming. He also wanted to know what they are going to do with the lime stone boulder? Steve stated he did not know. It is probably for sale. Steve Simonson stated the water line will go out to the tank at 1518. 11 Tony Moreno Tony had no comments. David Richmond David had no comments. Pia Jarman Pia had no comments. Gary Wallace Gary stated he agreed with Keith's comments, that the Commission could have had more information from Lancaster Development on the rezoning issue. The reason that he made the motion to forward the action to City Council is because he felt it had been delayed a month already and he did not feel our recommendation to City Council would change anything. Gary commented he got only odd pages on the information from the bond issue. Ken Greenwald Ken commented the information on the recycling percentages of the city in the packets. The City is doing a very good job, better than the other cities. Ken stated that he and Johnny Bierschwale attended the Canyon Water River Authority meeting. The CWRA has made a selection on the line from Lake Dunlap servicing McQueeny, Cibolo, Marion, Schertz, Bexar Metro, etc. It will be a 24" to 30" line Each city will have a pick up point. There will be a ground storage tank with a cast of 3 to 4 lh million dollars. The City will not be tied to one water supply. We are progressing. Steve Simonson Steve stated for the record and for the Commissioners information; "Mr. Lancaster was sent a complete Traffic impact Analysis procedures from the City's UDC by fax on Nov. 17, 1997 at 10:05 am with a notation by me that this is an addition to the UDC that was passed and now is in effect. As part of your new development plans you will be required to provide a traffic impact analysis for the Harborth property. If you have any questions please give me a call. I don't know how much clearer I need to be. The statement by Mike, that this was done as a courtesy was untrue. Normally, a traffic impact analysis is done with plats but in his case Mr. Lancaster was told up front that he needed to have this information and no where in what I told him or sent him was there any discussion concerning the Mickey Mouse thing that he gave us because I explained to him that the Commission had thrown out the request from Kaufman Broad Traffic 12 Analysis for that very reason. It was a piece of garbage. It was not real. We spent city money to redo a traffic analysis for Ashley One to compare single unit number of lot development of traffic. This was explained to him at several points." Steve also stated ,for the minutes, that one of the faster selling subdivision, in the City of Schertz is in Greenshire Units 3,6 and 7 which are the R-1 lots with up scale homes on the eastside of FM 3009. The statement that large lots can not be sold does not hold water based upon development in that area. Another thing is the herringbone the lawyer said of "spot zoning" is garbage. There is akeady R-5 zoning in Oak Forest. The developer that Mr. Lancaster has is Pulte and Pulte is building a lot better home than either Ashley Place or Dover Homes. Ken Greenwald stated that Mr. Lancaster can do a mix of lots to save trees. Keith Van Dine commented on the statements by Mr. Lancaster, when Mr. Simonson knows "these statements are not quite untrue are you just being a nice guy by not bringing the statements up?" Steve stated: "If I feel the statements are out right lies I would ask to be heard at that time. I felt at this time he was shading it, and that the sentiment was entirely the way the Commission voted and to bring it up would cause more antagonism. If I feel it is an out right lie I will speak. In this case, I felt it did not warrant it." Ernie Evans stated that he is not opposed to the development of the Harborth property, but until we have an agreement as to how Green Valley Rd. will be dealt with, until we truly understand the impact of the traffic, and until we can get some assurances of how he will deal with the property, how can the Commission make a decision. Ernie Evans Ernie passed out letters that Mr. Long had spoken about at the last meeting. The letter is from Commissioner Wolverton that the county does acknowledge the road as a county road. The letter dated 12-12-97 states there was a mistake and there is no record of accepting this road in this subdivision as a county road Ernie Evans also wanted to tell the Commission that he will not attend the meeting the last of the month. The Vice Chair has agreed to hold the meeting at the end of the month. #15 Adjournment: Keith Van Dine moved to adjourn the meeting. Gary Wallace seconded the motion. The meeting adjourned at 9:35 p.m. 13 Chairman, Planning and Zonin Commission ATTEST: Planning Secretary, City of Schertz 14