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04-25-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, April 25, 1995 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF PIA JARMAN, CHAIRMAN STEVE SIMONSON, DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY DENISE GRANGER, TONY MORENO PLANNING SECRETARY BOB ANDREWS KEITH VAN DINE ERNIE EVANS KEN GREENWALD, COUNCILMAN OTHERS PRESENT Gene Trafton, Clayton Homes Edwin Donhauser, Town & Neil Fisher, Fisher Engineering, Inc. Country Body Shop Mr. & Mrs. Ackermann Sam Bledsoe, MBC Eber & Kathy Bush Engineers Ken Anderson Monty Maness, Fisher George & Evelyn Boggess Engineering, Inc. Betty Boggess Joe Veytia, Veytia Rane Casteneda Partners, Ltd. Jim Bagley, Clayton Homes #1 CALL TO ORDER Chairman Pia Jarman called the meeting to order at 7:00 p.m. Mrs. Jarman explained the procedures to be followed at the public hearing, and thanked the citizens for coming to show their concerned interest. The City Council public hearing on this item will be held May 2, 1995. Due to the number of citizens in attendance the Public Hearing was held in the Municipal Complex conference room. #2 PUBLIC HEARING: To receive Citizen Input on the Request From Clayton Homes for the Rezoning of Approximately 37.886 Acres from R-2 (Single Family Dwelling District) to MH Mobile Home Dwelling District. Chairman Jarman asked for Staff input. Steve Simonson reported that this is a Public Hearing to determine if the land is suitable for the proper growth pattern for an additional Mobile Home Park. The land adjacent to this property is identical to the land from which the current Windy Meadows Mobile Home Park is built. There is the same drainage consideration as the original one, but that is however an engineering problem. Neil Fisher stated that there is approximately 38 acres of land that is being recommended for rezoning for a Mobile Home Park. The existing park which is adjacent to this property does have the large drainage channel in the rear. This channel would be extended through the middle of both park areas. There would be approximately 160 lots with 50~ double wide and the remaining 50~ being single wide mobile homes. The streets will be concrete following the subdivision ordinance regulations for the City of Schertz. Kathy Bush stated she is representing her mother Betty Jo Boggess who is the property owner of 309 Maske Road. They are concerned if the grandfather clause would protect their zoning for Residential/Agriculture on their property if the adjacent property would be rezoned. Kathy Bush advised they would like a privacy fence along Maske Road so there would not be any access to their property but the one road. Also to prevent the trash, and dust from affecting the live stock that will be in the pasture at all times. She also questioned if Maske Road would have any access from the property and if there were plans for a privacy fence. Kathy Bush mentioned that they would like to see a privacy fence along Maske Road. Steve Simonson advised that the zoning change request would not affect the Agriculture zoning for their property. He also stated that Oak Street at the present time does not show any access onto Maske Road. There are no plans for a privacy fence along Maske Road at this time. Jim Bagley stated that this being the preliminary plat the issue for a privacy fence had not been a consideration. George Boggess of 309 Maske Road is the owner of 40 acres across Maske Road from the proposed property. He stated that his property is across the flood plain. Will there be any ditch excavation being done to that area? George Boggess mentioned that there is a drainage ditch for sewer that runs through there that has a dip to it with the dip running through the center. If they are going to widen the ditch there will need to be some kind of traffic alleviation due to the water getting quite high during rain storms and to keep the water from backing up into his property. Steve Simonson stated to build the ditch that is required there would be extensive excavation. It will be similar in nature to what Windy Meadows has done with the huge drainage pond on the east corner. The channel that is showing on the preliminary plat may not be the final design. Steve Simonson advised that-being an engineering problem with the ditch if the property is to be rezoned the engineers will have to satisfy the Commission that the water is not backing up, that it will be running off of the property correctly. -2- Pia Jarman advised the citizens present if they have any questions, comments or concerns they will need to address them at this time because when the public hearing is closed there can be no other comments taken. Eber Bush of 309 Maske Road said the concern without the privacy fence is there will be people going down Maske Road. With access they will be able to enter the mobile homes from the rear. If there were vandals they would have access to the property, being able to leave by way of Maske Road with an easy way in and out. Mr. Ackermann stated being the owner of the property being rezoned he has had his live stock in the area and no one has every bothered them. He agrees that a privacy fence would be beneficial. There being no further questions or discussion, the Public Hearing on the rezoning for Clayton Homes was closed. ~k3 ADJOURNMENT OF PUBLIC HEARING: Chairman Pia Jarman adjourned the public hearing at 7:14 p.m. The Schertz Planning and Zoning Commission convened in a regular session, after the public hearing, in the Municipal Complex conference room, 1400 Schertz Parkway, Schertz, Texas. #4 CALL TO ORDER: Chairman Pia Jarman called the meeting to order at 7:15 p.m. ~5 APPROVAL OF MINUTES: Public Hearing and Regular Session for April 11, 1995. Merwin Willman moved to approve the April 11, 1995 Public Hearing and Regular Session Minutes. Ernie Evans seconded the motion, which carried as follows: AYES: Pia Jarman, David Richmond, Merwin Willman, Ernie Evans, Bob Andrews, Tony Moreno. NAYES: None ABSTENTIONS: Keith Van Dine (absence at said meeting). #6 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. #7 CONSIDER AND MARE RECOMMENDATION: Request from Clayton Homes for the Rezoning of Approximately 37.886 Acres from R-2 (Single Family Dwelling District) MH Mobile Home Dwelling District (ZC #118) Steve Simonson stated if the zoning is approved there will be a considerate amount of engineering that will have to be done in this area. -3- Merwin Willman commented that there is a proposed plan for streets within the City for the future. If the rezoning is approved with the plans that are proposed, it would prevent Oak Street from being a straight through street to Maske Road. There is at this time talk of other developers wanting to prevent a street from being developed as planned. It seems that we are losing our street plans as proposed. Merwin Willman mentioned back in 1986 when Windy Meadows was first constructed the streets which are private were not constructed according to the current City Plan for public streets. In 1990 the ordinance for private streets was changed so that all private streets would be constructed according to the standards for public streets in the City. Bob Andrews commented the Master Plan has Oak Street tying into Maske Road. This is in hopes that maybe in 5 or 10 years Maske Road will get developed. This would have FM 1518 going up and over into Schertz Parkway, and Oak Street going more south tying into Maske Road. Bob Andrews stated there needs to be some way for emergency vehicles entering and exiting with a need for Oak Street to go out and tie into Maske Road some time in the future. At this time Maske Road is not able to handle heavy traffic but in the future after it is developed there will be the need for ingress and egress for emergency situations. If they could at least put in a stub out onto Maske Road from Oak Street with an emergency access gate. Merwin Willman agreed with Bob Andrews that there does need to be two (2) ways in and out but also north by the drainage ditch if there were a flood the citizens would be isolated without an emergency exit. Bob Andrews questioned what type of a road they propose to tie the northern section in with the other section across the drainage ditch. Steve Simonson stated he has talked with Neil Fisher about this. The road is to span out with the box culverts that hold the 100 year flood. It would be a 100 year flood ditch with a road above without a low water crossing. Steve Simonson advised that this being in the subdivision phase the City will be asking for at least 10' of additional ROW. This is due to the fact that eventually Maske Road will be widened to make it a good street and the ROW is not big enough. Steve Simonson mentioned that the City does not have control of all of Maske Road. Part of Maske Road on the west side is county road and will stay county road until Universal City either turns the road over to the City or annexes it. Steve Simonson agrees with Bob Andrews with the stubbing out of Oak Street onto Maske Road with an emergency access gate instead of tying into it. At this time it will be awhile before Maske Road does get developed. The 10' ROW will not be taking away from the road but, it is still in keeping with the intent of the Master Plan. It will only be taking away about 1 1/2 lots. -4- Bob Andrews mentioned the requirement for the 25' front yard set back on Oak Street which will need to be noted on the plat. Bob Andrews moved to recommend to City Council the approval for the rezoning from Clayton Homes for 37.886 Acres from R-2 Single Family Dwelling District to MH Mobile Home Dwelling District with a privacy fence along Maske Road. Merwin Willman seconded the motion, which carried with a unanimous vote. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Request from MBC for Final Plat Approval for Greenshire Unit IV (PC #215-94) Steve Simonson stated that this is a very straight forward request with a future tie in to Old Cherry and Red Bud in Unit V. Unit V will be to the east and south of the existing one as shown on the plat. This will be a follow-on to Old Sage Drive with a tie back into Wild Cherry in Unit III. It will still have the 120' X 60' lots that were part of the overall Master Plan. Steve Simonson advised the staff input from Engineers, Public Works, Fire, and EMS have no problem. The one question Steve Simonson did have for the engineer Mr. Bledsoe with the 38' drain ROW at the east end of the subdivision from Woodland Oaks Drive, if this was going to be left natural, or if there will be a culvert. Sam Bledsoe stated it will be an improved earth channel. At Woodland Oaks there will be a concrete drop structure that will tie into the street. Merwin Willman commented that he was unable to locate the radius for the cul-de-sac on Ebony Lane. Mr. Bledsoe advised that it is a 50' radius. The chart on the plat on the right hand side shows #19 curve which is the curve for that cul-de-sac as a 50' radius and all the curve areas. David Richmond mentioned that the entrance of Wild Cherry on to Woodland Oaks only has one egress for all of the people in Unit V and Unit III which ends in a dead end cul-de-sac. This seems to be a sizeable number of properties to be having only one egress. Steve Simonson advised that when Unit V is finished there will be two exits/entrances. David Richmond commented on the lot sizes stating 5' side lot and the confusion another developer had misinterpreted what that is actually stating. If this could be noted on the final plat so there would be no confusion. Steve Simonson stated in the Master Plan it is stated that there will be 15' between all houses no matter how close it was to the side yard but no homes could be closer than 15' between them. If the commission would like this statement to be added to the final plat as noted, that can be done. The statement that is confusing is "all lots are subject to: typical 5' side lot line utility easement." -5- Bob Andrews asked Steve Simonson if the Park Land fund fees for this suddivision had been paid. Steve Simonson advised that the fees have not yet been paid. This is another statement that will need to be stated on the plat that the Park Land fees have been paid accordingly. Merwin Willman commented that in paragraph 24.2 in the subdivision ordinance it states that the park land fees and letter of credit must be paid as part of the final plat approval. With that provision in the ordinance the commission does not have to approve the final plat. Bob Andrews stated it can be contingent upon compliance or tabled per the ordinance if the Park Land fees have not been paid. David Richmond advised if approval is contingent, the plat can be approved with the amended two notes so when payment is received for the Park Land fund the developers will be able to continue without coming back to the commission for approval. David Richmond questioned Steve Simonson on how the money for the park land has been received for the prior two subdivision units. Steve Simonson stated that they have paid all of the park land fees timely, this being the first time, payment has not been received before the final plat or the night of the final plat. Bob Andrews moved to approve the final plat for Greenshire Unit IV contingent upon the City receiving the Park Land fund dedication fees and including on the plat the statement on 15' between houses. Tony Moreno seconded the motion, which carried with a unanimous vote. ~9 CONSIDER AND TARE APPROPRIATE ACTION: Request From MBC for Preliminary Plat Approval for Greenshire Unit VI (PC #233-95) Steve Simonson stated that there will have to be some rezoning done before the final plat can be approved. The request has been received but not in time for this meeting. Jack Hays Blvd. will need to be changed to Roy Richard Blvd. and the 50' building set back on lots #13 - 16 which is in the FM 3009 overlay ordinance. They are showing the 1' non access easement as requested. Just a reminder this is in the area according to the Master Plan and previous agreement with Anchor International that they would continue a like masonry fencing in the areas up through the front entrance and all the way through to Greenshire Drive. The 50' radius is shown very clearly, also the proposed layout that they have is saving a considerable amount of beautiful trees. Pia Jarman questioned the rezoning which is now NS Neighborhood Service to PUD Planned Unit Development. Steve Simonson advised that is correct, what they are doing is changing the Master Plan area of a PD back to a PUD. -6- Steve Simonson stated the same statement about the 15' side lot easement between buildings will need to be put on the plat to keep from having any confusion. Also the 50' set back will be added. Any notes that are added to the final plat does keep in being a legal document. Merwin Willman commented that he would like to see a plat that indicates a fence along FM 3009. It is showing a 1' non access easement but it needs to either show the masonry fencing along FM 3009 or noted with a statement . David Richmond questioned where the fence was going to continue. Steve Simonson stated that in the agreement with Anchor International in the Master Plan: where the existing Greenshire Subdivision entrance is to where the trees are, back to Greenshire Drive, would be the continuing of the masonry fencing of a similar nature. The existing red brick fencing would continue throughout the subdivision and along Woodland Oaks Drive. Bob Andrews questioned the names of streets changing on the curve of the street when it looks like the street just continues on. Pia Jarman advised that the Post Office states that when you make a 90 degree turn the name of the street has to change. Ernie Evans asked about the check list provided, indicating that item 6 (z) is incomplete in reference to two (2) public accesses to existing public streets. Steve Simonson advised there will need to be a variance for a single access. In the ordinance it states that every subdivision and every unit of a subdivision must have two (2) public accesses. Being this subdivision only has 23 lots, and out of the flood plain, it can be approved with a variance for a single access. Merwin Willman questioned the statement on the plat stating that Greenshire Homeowners Association is responsible for all common areas. There is no indication on the plat showing any common areas, is the drainage ditch going to be considered a common area? Steve Simonson stated that the drainage ditch will be the common area. The reason it is not platted or labeled is due to the fact that there is an on-going discussion between Sam Bledsoe and FEMA what the 100 year flood plain is for that area. Until that is resolved the final lines can not be made. Once this is done they will be asked to replat the whole drainage ditch area as a common area. Sam Bledsoe advised that the FEMA study that was done before is old. There has been alot of development down stream so both agencies will be doing studies to the effect. Once the studies have been completed there will be new updated FEMA maps available. Steve Simonson mentioned MBC Engineering, and Don McCray Associates are doing on-going calculations for that area and the -7- existing 180' wide channel that separates Dove Meadows and the Silver Tree area. FEMA has ignored the information that was sent to them for the past 7 years on that channel. If you were to look at the physical profile from FEMA on the latest map for the channel between Silver Tree and Dove Meadows, it shows an unapproved channel narrowing and widening. They were sent pictures and have decided to evaluate the area and update the FEMA maps to the effect. Ernie Evans moved to approve the preliminary plat for Greenshire Unit VI with corrections as stated: the statement for 15' between houses, note describing the masonry fence along FM 3009 to Greenshire Drive, 50' building set back for lots #13 - 16 required along Roy Richards Drive, the variance for the single access for the subdivision, and the Park Land dedication fee has been paid and noted on the plat. Bob Andrews seconded the motion, which carried with a unanimous vote. X10 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Veytia Partners, Ltd., for Final Plat Approval for Parkway Garden (PC #231-95) Steve Simonson stated that there has been a request by the builder to change the name from the previous submission to Parkway Garden. The reason it is stating a replat is due to the fact it was originally platted as a single area. The 26' alley, utility easement, and the drainage channel are stated on the plat as requested. Bob Andrews moved to approve the final plat from Veytia Partners, Ltd., for Parkway Garden contingent upon the inclusion of the statement for 15' between houses, and the statement that the Park Land dedication fees have been paid. Tony Moreno seconded the motion, which carried with a unanimous vote. X11 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Eddie Donhauser, from Town and Country Body Shop to Review a Film on Advertisement Balloons. The commission reviewed the film on Advertisement balloons. Steve Simonson mentioned that the appropriate action was the reviewing of the film. At this time it is up to the commission if they would like to go farther with this request for reconsideration on a modification to the ordinance and have the request on the agenda to make the recommendation. Merwin Willman commented that he is concerned about the safety factor. You have people paying attention to the balloon instead of watching where they are going. He would like more information besides the video, from other cities on how they are handling this type of advertisement before a change is made to the ordinance. -g- Bob Andrews and Keith Van Dine both agreed with Merwin Willman on receiving more information as far as safety reasons and what types of restrictions for the duration of the balloons being erected. Bob Andrews commented that the balloons are used to get people to turn their heads to see what they are advertising. He asked Merwin Willman if he could request from a few cities what their ordinances state for our information before a decision is made. Merwin Willman stated he would gather as much information as he could. There are cities that have been more than helpful in the past providing him with information on requests. David Richmond stated not only should the request to the cities ask if they allow this type of advertisement, but have they ever considered this type of advertisement and not approved it and why not. Pia Jarman stated after the letters have been received from other cities the request will be put on the agenda for the commission to review and make a recommendation. At that time Eddie Donhauser will be notified. X12 DISCUSSION UDC REVIEW: The Commission reviewed pages 135 - 139 section 18 with changes being made at this time. ~9 GENERAL DISCUSSION: Tony Moreno• Tony Moreno stated he had no comments. Keith Van Dine: Keith-Van Dine stated he had no comments. Bob Andrews• Bob Andrews stated he had no comments. Ernie Evans• Ernie Evans stated he had no comments. Merwin Willman: Merwin Willman commented there appears that there are going to be more and more requests for private gated communities. There is a paragraph in the subdivision ordinance Article III, Section 15.8, on private streets stating that they need to be constructed according to the public street standards. There is a maintenance agreement statement that needs to be stated on the plats for residential subdivision on private streets and Manufactured Home Park streets. It is stated so that any emergency or utility -g- personal will be able to enter, but it may not have enough information and he feels that someone else should review this section to see if it needs to be revised. David Richmond: David Richmond stated he had no comments. Councilman Ken Greenwald: Councilman Ken Greenwald mentioned that Mary Lou Malone the director of EMS had passed away April 24, 1995. Funeral arrangements pending. Steve Simonson commented that Mary Lou had been with SAFES since 1970 when it was an all volunteer system. She, in the last few years, had not been in the best of health. Councilman Ken Greenwald advised that the FM 78 widening that was held last night was not very productive. Tony Moreno commented with wanting to have citizens input the program was too unprepared even though this was just a preliminary plan. David Richmond recommended that the City Manager write a letter expressing the City's concern that the first preliminary meeting that was attended by a fairly sized group of citizens, was not prepared properly with enough information for the citizens. Steve Simonson advised for the last seven (7) months there have been meetings with Mr. Stevens and both of his engineers, discussing ROW, width of ROW, width of lanes, and the problems that are foreseen. Southwestern Bell, Entex, GVEC, Paragon Cable, Public Works Director, Mr. Sweatt, and Steve spent 7 to 8 total working hours on this project up to this point. They showed up with the map showing the ROW drawn on it that was no different then 3 years ago. The one good thing that was shown was the lane change size from 12', 14', 14', 12', 12' back to 11', 12', 12', 12', 11'. This making the middle turn lane from 14' to 12' and the far outside lane from 12' to 11'. The ROW was cut down to accommodate storm drain sewage from 120' to original asking of 85' with this working out. David Richmond commented that there was a very good turn out for the meeting with concerned citizens asking basic questions that could not be answered. He feels that the City Manager should write a letter to TXDOT about the concern of the unpreparedness. Some of the commissioners were in agreement with David Richmond on the letter and Councilman Ken Greenwald advised he would bring it up in the workshop tomorrow night. -10- Steve Simonson: Steve Simonson mentioned there will be a notice in the newsletter about the water conservation rebate program from the high flow toilet to low flow toilet. David Richmond asked if there was any word on HEB. Steve Simonson advised that this is no new news but the area along IH 35 is in an enterprise zone that could save HEB money and the sewer line is all set. #14 ADJOURNMENT: Keith Van Dine moved to adjourn the meeting. David Richmond seconded the motion, which carried with a unanimous vote. Chairman Pia Jarman adjourned the meeting at 9:26 p.m. The next regularly scheduled meeting is May 9, 1995. Chairm n, Planning and Zoning Commission City f Schertz, Texas ATTEST: a 1/< Planning VS cretary City of Schertz, Texas -11-