PZ 02-12-2014PLANNING AND ZONING MINUTES
February 12,2014
The Schertz Planning and Zoning Commission convened on February 12, 2014 at the Municipal
Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
PLANNING & ZONING COMMISSION
David Richmond, Chairman
Ernie Evans, Vice - Chairman
Ken Greenwald (excused for illness at 8 15 P M
Bert Crawford, Jr.
Richard Brand
Christian Glombik
Michael Dahle
William Rumfelt, Alternate (arrived at 2 07 P.M)
Yolanda Suarez, Alternate
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CITY STAFF
Brian James, Executive Director Development
Michelle Sanchez, Director Development Services
Lesa Wood, Senior Planner
Bryce Cox, Planner 1
Patti White, Executive Asst. Development
OTHERS PRESENT
Keith Sanders, Sanders Subdivision
Don McCrary, Don McCrary and Associates
Sammy Flores, Don McCrary and Associates
Chris Price, Schertz 1518, Ltd.
Bradley Bechtol, Schertz 1518, Ltd.
John Keck, La Salle Partners
Mr. Richmond called the meeting to order at 6:02 P.M. Mr. Rumfelt was attending another
meeting and will arrive later.
None was required.
HEARING OF RESIDENTS
® Steve Layton, 12231 Lost Meadows, spoke on stock ponds and the Nortex project.
MINUTES FOR JANUARY 8, 2014 AND JANUARY 22, 2014 REGULAR MEETING
Mr. Dahle moved to approve both sets of minutes as submitted. Mr. Crawford seconded the
motion. Vote was 6 -1 with Mr. Evans voting nay. Motion carried.
PUBLIC HEARING
Mr. Richmond noted that he would like to move to Item 5C and 5D because of the public attending
the meeting.
Mr. Richmond started at this point in the agenda at 8:30 P.M.
Minutes
Planning and Zoning Commission
February 12, 2014
Page 1 of 13
A. Hold a Public Hearing, consider and make a recommendation on an amendment of Part
111, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 3 Boards,
Commissions and Committees.
Ms. Wood presented this item by stating the following points:
® Background
• A public hearing was conducted on January 8, 2014 at the Planning and Zoning
Commission meeting to receive public and Commissioner comment.
• A second public hearing was conducted on January 22, 2014 at the Planning and
Zoning Commission meeting to receive public and Commissioner comment and
action. Action was postponed to February 12, 2014 to allow staff to incorporate
commissioner comments.
• Staff has incorporated three text amendments as a result of Commissioner
comment.
o Section 21.3.3 (B) 2. d & e as related to the amending and minor plat approval;
and
o Section 21.3.5 (C) 1 — Administrative recommendation to the appropriate
approval body.
Minor Plat is a plat that has been submitted for approval where the proposed division of
land involved the following:
• Four (4) or fewer lots fronting on an existing street;
• Not requiring the creation of any new street; and
• Not requiring the extension of municipal facilities.
Amending Plat is a plat that has been approved and recorded with the appropriate County
and needs to be amended for various purposes such as but not limited to:
• To correct various type of errors designed by LGC such as: an error in course or
distance; to correct a description; to correct a scrivener or clerical error.
• To relocate a lot line.
City Council has granted Staff the authority to approve both Minor plats and Amending
Plats that meet the criteria provided in the UDC and Texas Local Government Code.
o The criteria for approval of a minor plat and an amending plat is provided for in
Article 12. This criteria allow staff to refer a minor plat or amending plat, for any
reason, to the Commission for approval.
o Sec. 212.005. Approval by Municipality Required. The municipal authority
responsible for approving plats must approve a plat or replat that is required to be
prepared under this subchapter and that satisfies all applicable regulations.
Ms. Wood stated that Mr. Crawford pointed out a correction to be made before this item goes to
City Council. In Section 21.3.1.8 the current UDC calls TSAC the Traffic Safety Advisory
Commission. The correct title is: Transportation Safety Advisory Commission.
Staff recommends approving the amendment to the Unified Development Code (UDC), Article 3 —
Boards, Commissions and Committees as presented.
Mr. Richmond opened the Public Hearing at 8:38 P.M.
There being no one to speak, Mr. Richmond closed the Public Hearing at 8:39 P.M.
Minutes
Planning and Zoning Commission
February 12, 2014
Page 2 of 13
Mr. Richmond stated some Commissioners had a concern about who has the final authority and in
21.3.3 the P &Z Commission does have the final authority, but if a minor or amended plat the Staff
would send it to P &Z Commission to approve or disapprove. Mr. Richmond stated that the
monthly report prepared by Staff for the Commission currently shows actions taken and continuing
and would ask Staff that if a minor or amending plat is administratively approve that this is added.
Mr. Crawford noted that he would like to have the administratively items added. Ms. Wood stated
that Mr. Cox will be preparing a list that he can review at the time of announcements by Staff as an
update on projects that are being approved.
Mr. Dahle moved to recommend to City Council to approve Article 3 with the correction
mentioned by Staff. Mr. Brand seconded the motion. Vote was 7 -0. Motion carried.
B. Hold a Public Hearing, consider and make a recommendation on an amendment of Part
I11, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 16
Definitions specifically the definition "Lot of record ".
Ms. Wood presented this item by stating the following points:
® Staff is proposing a text amendment to the definition for "Lot of Record" to clarify the
definition so that Commercial or Residential building permits are issued for legally platted
tracts of land. The current definition allows a property owner of a tract of land to be issued
a building permit on an unplatted lot. Staff is proposing to change the definition to
promote sound planning and ensure that properties being issued a building permit are on
legally platted lots.
• Current definition (Ordinance 11 -S -15)
o Lot of record: A lot which is part of a subdivision, the map of which has been recorded
in the office of the County Clerk of Guadalupe, Bexar or Comal County; or a parcel of
land, the deed of which was recorded in the office of the County Clerk of Guadalupe,
Bexar or Comal County.
• Proposed definition
o Lot of record: A lot which is part of a subdivision, the plat having been duly approved
by the appropriate authority and has been recorded in the office of the County recorder
of deeds and records.
• Deed — a legal document that is signed and delivered regarding the ownership of property
or legal rights.
• Subdivision — a division of a lot, tract or parcel of land
Staff recommends approving the amendment to the Unified Development Code (UDC), Article 16
— Definitions as presented.
Mr. Richmond opened the Public Hearing at 8:46 P.M.
® Robert Brockman, 1000 Elbel Road, spoke on if this item been reviewed by the current
City Attorney.
Mr. Richmond closed the Public Hearing at 8:48 P.M.
Mr. James stated that Staff typically routes items to the current City Attorney prior to the item
going to City Council. Ms. Wood stated that Staff did have a meeting with the current City
Attorney and explained to him what Staff wanted to change and the Attorney was comfortable with
Minutes
Planning and Zoning Commission
Feta uai- , 12. 2014
Page 3 of 13
it at that time. Mr. Richmond stated that in the proposed definition he suggests to remove `has
been" out of the sentence. Ms. Wood confirmed that she will do that. Mr. Crawford asked if
currently you want to get a building permit and you don't have your property platted, you can do
that, but with approving this item, you can't get a building permit without platting, so how much is
it to plat a property. Ms. Wood stated that the cost is $1,500 to plat a property, but if someone
wants to make an expansion to their property they can, and this item applies to mostly new
development, and the platting process establishes the easements, and the dedication of right of
way.
Discussion followed between Staff and the Commission.
Mr. Glombik moved to recommend to City Council to approve this item as presented with the
removal of the words "has been ". Mr. Brand seconded the motion. Vote was 7 -0. Motion carried.
Mr. Richmond moved to 6A on the agenda.
C. PC2013 -034 — Hold a Public Hearing, consider and act upon a request by Keith Sanders
for approval of a vacate and preliminary replat of the Sanders Subdivision. The property
consists of approximately 36.29 acres and is more specifically described as a portion of
the G. Malpaz Survey No. 67, Abstract 221, City of Schertz; Guadalupe County, Texas;
generally located at 200 FM 3009.
Ms. Wood presented this item by stating that the Planning and Zoning Commission approved a
final plat for the Sanders Subdivision on July 25, 1995. On May 24, 2006 the Commission
approved a vacate /replat to include approximately 10 acres to the subdivision. The purpose of this
vacate and preliminary replat is to vacate the existing plat (12.386 acres) that established two lots
and preliminary replat the tract of land into two lots consisting of 36.29 acres of land. The subject
property is currently platted into two buildable lots. It is located on FM 3009 north of the
intersection of FM 3009 and FM 78; specifically located at 200 FM 3009.
The subject property currently takes access from FM 3009 through an existing TxDot approved
access. The approved access is a shared point of access for Lot I & 2 which could be incorporated
into the existing driveway approximately mid frontage of property. This plat will establish a
variable width ingress /egress easement for access to provide a shared access to both lots. The Tree
Affidavit submitted indicates that site has no protected or heritage. No mitigation fees are due with
this preliminary plat application. All public improvements required for this subdivision are
required to be installed prior to recording of the final plat.
This property is located on a FM 3009 and no new roadways are being proposed with the plat. The
Master Thoroughfare Plan (MTP) identifies FM 3009 to realign through the subject property and
continue through FM 78 running north and south connecting IH 35 to IH 10; however, the
Engineering and Public Works Department have not determined the exact alignment at this time
and is not sure the realignment is a viable option for FM 3009. No ROW was dedicated at the time
of the original plat in 1995 or the replat in 2006 which indicated that the realignment was probably
not considered a viable option at that time. The applicant has requested a waiver from the
dedication and construction until the alignment is determined.
Staff recommends approval of the vacate and preliminary replat with the waiver.
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Planning and Zoning Commission
February 12, 2014
Page 4 of 13
Mr. Richmond opened the Public Hearing at 6:14 P.M.
There being no one to speak, Mr. Richmond closed the Public Hearing at 6:15 P.M.
Mr. Crawford asked if TxDot decides to redirect the flow of traffic on FM 3009, would this impact
the property? Mr. Sanders stated that it would depend on how they redirect it. Ms. Wood stated
that the Master Thoroughfare Plan is just an estimate and the realignment can fluctuate. Mr. Dahle
stated that in 2006 several people including himself were unhappy with the recommendation from
the consultants for TxDot and after the recommendation at that time the current council and mayor
sent a letter that they would not support the plan in the future and he thinks approving this Replat
helps that process.
Mr. Greenwald moved to approve the item with the waiver as stated. Mr. Glombik seconded the
motion. Vote was 7 -0. Motion carried.
D. ZC2013 -007 - Hold a public hearing and consider and act upon a request to amend the
The Crossvine Planned Development (District (PDD) zoning, a mixed use development,
consisting of approximately 545.74 acres. The property is more specifically described as a
portion of the Julian Diaz Survey No. 66, Abstract No. 187, and also a portion of the E.R.
Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the
Geronimo Leal Survey No. 79, Abstract No. 424, City of Schertz, Bexar County, Texas,
generally located west of FM 1518 at Lower Seguin Road.
Mr. Cox presented this item by stating that this is the 2 "d amendment to the PDD and presentations
and public hearings to discuss the Module 11 concepts were held on January 8, 2014 and January
22, 2014. There were two hundred and forty five (245) surrounding property owners notified by
mail on January 31, 2014. At the time of this meeting eighteen (18) total responses were received,
five (5) responses were in favor of the request; eleven (11) responses were opposed to the request;
and two (2) responses were neutral to the request.
The project history includes the Sedona Subdivision PUD being adopted for mix use development
in 2005, the Sedona Subdivision PUD being amended in 2006: the Sedona Trails PDD being
adopted as new mixed use development in 2012 and The Crossvine PDD was amended and
adopted in 2012. The developer is requesting amendments to The Crossvine PDD, while some of
the changes will apply to the entire 545.74 acres, others will apply only to Module IIA, which is
approximately 107 acres.
This amendment to The Crossvine PDD proposes to add three additional tracts of land totaling
approximately 54.66 acres. Tract 1 is 13.669 acres generally located north -west of the intersection
of Lower Seguin Road and FM 1518 and is identified for commercial use. Tract 2 is 1.5 acres and
is located approximately 5000 feet south of the intersection of Lower Seguin Road and FM 1518
and is identified for single family residential use. Tract 3 is 39.49 acres generally located west of
the Sedona subdivision and is identified for single family residential use.
The proposed density is consistent with the Comprehensive Land Plan designation use of mixed
use neighborhood. Mixed Use neighborhood provides areas for residential use and open space.
The amendment purposes five additional districts including Garden Home (GHI and GH2),
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Planning and Zoning Commission
February 12, 2014
Page 5 of 13
Attached Residential (ARI), Multi- Family Residential (MFR), and Commercial (GB)
Garden Home (GHI) has a minimum lot size of 3,825 square feet with minimum lot dimensions of
45 feet by 85 feet. The front building setback is 18 feet with a side setback of 10 feet and a
minimum rear setback of 10 feet. The building maximum height is 38 feet with a maximum
impervious coverage of 85% and a maximum dwelling size of 2,450 square feet.
Garden Home (GH2) has a minimum lot size of 3,600 square feet with minimum lot dimensions of
60 feet by 60 feet. The front building setback is 18 feet with a minimum side setback of 10 feet and
a minimum rear setback of 10 feet. The building maximum height is 38 feet with a maximum
impervious coverage of 85% and a maximum dwelling size of 2,550 square feet.
Attached Residential (ARI) shall have a maximum density of 9 units per acre with a maximum
building height of 38 feet, maximum impervious coverage of 85% and maximum home size of
2,100 square feet.
Multi - Family Residential (MFR) shall have a maximum density of 22 units per acre with a
maximum building height of 65 feet and maximum impervious coverage of 85 %. MFR
developments must provide 1.5 parking spaces for each 1- bedroom unit, 2 parking spaces for each
2- bedroom unit, 2.5 parking spaces for each 3+ bedroom unit, and an additional 5% of total spaces.
Commercial district consists of the General Business (GB) zoning district as set forth in the UDC
with the uses amended to exclude the following: airport, heliport, or landing field; assisted care or
living facility; athletic stadium, private; automobile parking structure/ garbage; automobile repairs
& service, major; church, temple, synagogue, mosque, or other place of worship; college,
university, trade, or private boarding school; convenience store with gas pumps; family or group
home; gasoline station/ fuel pumps; golf course and/ or country club; heavy equipment sales,
service, or rental; hospital; livestock; mortuary/ funeral home; theatre, outdoor; trailer/
manufactured home sales.
The Comprehensive Land Use Plan with the Schertz Sector Plan amendment identifies this area as
Mixed Use Neighborhood which provides for walkable neighborhoods in the vicinity of the
intersection of FM 1518 and Lower Seguin Road. The rezoning request appeals to have a minimal
impact on the public infrastructure, facilities or services and the plan has incorporated in curve -
linear streets, view corridors and parks and open space to include hike and bike trails.
This amendment to The Crossvine PDD includes the following:
Amendment to Section 8: Infrastructure Standards:
Roadways (Sec. 8.2): Four new roadway profiles which are different from the City's standard
roadway profiles are proposed. The new profiles include the following:
® 78 foot Boulevard with two 24.5 feet sections of pavement separated by a 6 foot median.
® 68 foot Boulevard with two 19.5 foot sections of pavement separated by a 6 foot median.
® 60 foot Boulevard with two 14 foot paved drive isles and a 14 foot decorative paved turn
lane.
® 44 foot Minor Local Street with a 24 foot paved drive isle and 8 foot paved parallel parking
isle.
All proposed roadway profiles have been reviewed and approved by Public Works, Engineering
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Planning and "Zoning Commission
February 12, 2014
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and Fire.
Parkine Reouirements (Sec. 8.8): In addition to the two garage and two driveway parking spaces
required an additional .5 spaces of parking is required per garden home. This extra parking can be
satisfied by designated parallel parking areas, parking courts, or parking spaces in multi - dwelling
private courts.
Amendments to Section 9: Community and Public Amenity Standards:
Enttv Features (Sec. 9.2.1): This change allows for entry features on both sides of any entry into
the development or into individual neighborhoods throughout the project.
Public Screenine and Landscaoine (Sec. 9.2.3): This provision requires the Developer to provide a
"Common Area" which all required public screening will be located.
Land Use Transition Areas (Sec. 9.2.13): This provision encourages four -sided architecture and
buildings, where commercial development is adjacent to residential use. The amount required
screening varies based on the amount of windows and doors that are located on the wall facing the
residential use. The greater the percentage of windows and doors the lower the required wall
height. This is intended to promote walkability and interconnectedness for a mixed use
neighborhood.
Sienaee (Sec. 9.5): This provision adds a Real Estate sign category for commercial, multi - family,
and attached residential. The sign is temporary with a maximum height of 10 feet and face area of
50 feet.
Additionally no lighted sign shall be erected or displayed within 150 feet of the property line of a
property designated as DSFR(1), DSFR(2), or DSFR(3) unless the lighting is shielded from view.
The maximum area of a wall sign has been increased to 15% of fagade area or 300 square feet,
whichever is less.
Amendments to Section 12: Land Use Allocations:
Garden Home (Sec. 12.2.1.1.4): This section introduces the concept Garden Homes organized into
Multi - Dwelling Private Courts. Each court is a pod of four or less individual dwellings, serviced by
a 22 to 28 foot wide private drive that is no longer than 120 feet. The private drive will include a
fire lane and signage to designate no parking along the fire lane. Additional parking spaces may be
included at the end of the private drive to serve the Multi - Dwelling Private Court.
Attached Residential (Sec. 12.2.1.1.5): Attached residential dwellings are purposed as being
vertically separated from one another with no more than four dwelling units per building.
Amendments to Section 13: Architectural Standards:
Standards : Module II (Sec. 13.2): No accessory buildings will be permitted in any area developed
as Garden Home.
All commercial buildings shall have a front fagade that is at least 50% masonry and all other
facades shall be at least 25% masonry.
Outside Patio. Dinine Areas, and Common Areas (Commercial) (Sec. 13.2.4.1): Outside patios
and dining areas area permitted in areas designated for commercial development.
Staff recommends approval of the amendment to The Crossvine PDD as proposed.
Minutes
Planning and Zoning Commission
February 12, 2014
Page 7 of 13
Mr. Price, the applicant, thanked Staff in crafting this request and stated that this is a refinement to
the original PDD that ties into the Gateway plan. Phase 2 is currently under construction and the
request today is for the next phase, Phase 3 introducing additional housing types and commercial
property.
Mr. Richmond opened the Public Hearing at 6:28 P.M. and the following spoke:
• Melinda Steadman, 3133 Muntjac, commented on the concerns with development of Tract
3, the notice that was sent to the property owners, the walking trails, emergency substation,
crime and vandalism and concerns with no police patrol.
• John Scott, 7840 E. FM 1518, commented on prices of the homes, traffic concerns, and
water containment.
• Adrian Quantanilla, 3200 Pencil Cholla, commented about the notice that was sent to
property owners, understanding and informing the community, the walking trails, and lack
of communication.
• Brian Edgington, 3037 Pencil Cholla, commented on the park and walking trails, and
concerns with his backyard looking at multifamily attached residential as well as the lower
scale of home to be built.
• Kevin Mutchler, 9112 Gila Bend, commented on roads around the mail kiosks and the
connection to the adjacent property (tract 3).
• Steve Layton, 12231 Lost Meadows, commented on Bexar County property lines and the
City of Schertz properties.
• Tim Knotts, 12050 Lower Seguin, commented about his property and the exempt uses from
the commercial area of the PDD.
• Kent Palma, 9012 Gila Bend, commented that he was not opposed to the new development,
and the commercial area expansion.
• John Warren, 12420 Ware Seguin Road, commented on what uses the master plan is
providing and doesn't want the development.
• Ron Noll, 6975 Pfeil Road, commented on drainage, flooding, roads and easements.
• Clare Layton, 12231 Lost Meadows, explained that homeowners should check the City
web site for information because the website has information available for this
development and the City has had publications in the newspaper and the Schertz Magazine
regarding this project.
Mr. Richmond closed the Public Hearing at 7:04 P.M.
Mr. Richmond stated that the Commission appreciated hearing from residents regarding The
Crossvine project and Staff and Mr. Price will answer questions to address issues. Ms. Wood
stated that the notice sent to the homeowners is a state requirement for notification and is the
standard format and the PDD was placed on the City web site as well as advertised in Schertz
Tales and when the Commission makes a recommendation, Staff will publish a notice in the
newspaper for a public hearing for City Council. Ms. Wood also stated that the Amendment was
for the design criteria and that Tract 3 is currently zoned for single family already with
commercial.
Mr. Rumfelt arrived at 7:07 P.M.
Ms. Wood stated that for the person who asked about the roads in Sedona, she stated that there is a
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Planning and Zoning Commission
February 12, 2014
Page 9 of 13
street stub in Sedona subdivision for cross connection between subdivisions. Ms. Wood also stated
that for Mr. Knotts, his property is vested and the exemptions are for new development and once
the current use is abandoned and a property sold, then the exemptions would apply. Mr. Cox
stated that for the Schertz Forest subdivision, Module 2 does not affect that property, because the
PDD runs south toward that property but if you lived within 200 ft. then the property owner was
notified of this meeting. Ms. Wood stated that she had contacted Mr. Price and Ms. Bechtel and
suggested that they have a meeting with the Sedona HOA with a brief overview of this project.
Mr. Price stated that Module 2 follows the original Master Plan and in the Gateway plan from FM
1518 and Lower Seguin this is designated as commercial; in addition the garden home prices will
be in the $200K - $300K price range and the multi family will be at $2 /foot in rent, and the other
tract being added is a 39 % acre tract that has a connection into the existing Sedona, with no
commercial, only residential with access to the City park and amenity center and those price points
will be in the $200K - $300K price range. Mr. Price also stated with regard to the park status, they
are working with the City in getting the park further developed and the restraint is funding
availability. Mr. Price stated with regard to the traffic on FM 1518, the City is working with
TxDot to put it higher on their list and helped with the funding on the bridge upgrade at Woman
Hollering Creek that will help the drainage, and also regarding drainage, they will build 3 detention
ponds and have an overall master drainage plan. Ms. Bechtel stated that anyone can get
information on the web page at thecrossvine.com, send an email to info(a..thecrossvine.com, and
also check their Facebook page.
Mr. Crawford stated that he would like to see the plan for a fire station to be accelerated by the
City and suggested to the homeowners that they come to City Council and make the same
comments about emergency services. Mr. James stated that the City is going through a Master
Facility Plan and the location may change based on the process now, and City Council does need
more public input on the 3`d fire station. Mr. Dahle stated that he will not vote on this item,
because lie lives on FM 1518 and is within the 200 ft. notification.
Mr. Richmond stated that he had concerns about proposing an increase in the maximum for a real
estate and wall sign and in the architectural standards proposing different fagade materials in
commercial buildings and given that the sign ordinance is under revision and that Staff is
proposing to put a group together to look at revising architectural standards, he asked Mr. Price to
consider not changing any of these items until such time that there suggested UDC changes. Mr.
Price stated that they are trying to ensure that it fits in with the overall aesthetics of the project, but
can live with the current UDC on signage and work with Staff on the materials. Mr. Richmond
stated he had concerns about the minimum requirement of one tree per lot for garden home
development and suggests changing that to at least one tree per lot. Mr. Price agreed. Ms. Wood
stated that anyone in the audience can call Staff to ask questions and walk them through the
project.
Discussion followed between Staff, the Applicant and the Commission.
Mr. Richmond excused Mr. Dahle as a voting member and Ms. Wood asked Mr. Dahle to step
down from dais. Mr. Richmond seated Ms. Suarez as a voting member.
Mr. Crawford moved to approve this item as presented with the exemptions of Article 9.5, 9.5.3.2.,
9.5.3.3, Article 13.2.2, and change language to at least instead of minimum of one tree in Article
9.2.12.4.1 and 9.2.12.5.1. Ms. Suarez seconded the motion. Vote was 7 -0. Motion carried.
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Planning and Zoning Commission
February 12, 2011
Page 9 of 13
Mr. Greenwald was excused to leave for illness at 8:15 P.M.
Mr. Dahle returned to the dais at 8:15 P.M. and was reseated as a voting member.
Mr. Richmond stated that the Commission would take a break at 8:15 P.M.
Mr. Richmond reconvened at 8:29 P.M. and stated that since Mr. Greenwald left the meeting, Ms.
Suarez will stay seated as a voting member.
Mr. Richmond moved to item 5A on the agenda.
A. PC2014 -002 - Consider and act upon a request for approval of an amended master plan
of the Cypress Point Subdivision consisting of 87.735+ acres situated in the C.M.
Gahagan Jr. Survey No. 258, Abstract No. 142, Guadalupe County and Abstract No. 182,
Comal County, located approximately 600 feet west of the intersection of Eckhardt Road
and the 1H 35 Frontage Road.
Ms. Wood presented this item by stating that the subdivision master plan for the subject property
was originally approved by the Planning and Zoning Commission on January 28, 2003 as the
Tanglewood Park Subdivision. On August 23, 2005 a final plat for Tanglewood Park, Unit 1 was
approved by the Commission and the developer began construction of the infrastructure; however,
midway through the installation, the construction ceased. On July 6, 2010, the subject property
was rezoned to General Business; R -7; R -6 and the subdivision was renamed Cypress Point
Subdivision. The Master Plan was amended and approved by the Planning and Zoning
Commission on September 8, 2010 and June 26, 2013. The approval of the amended Master Plan
on June 26, 2013 established 10' side yard setbacks.
With this master plan amendment the applicant has updated the following:
• Revised side yard setback to 7.5'.
• Adjusted ROW width in Units 3 and 4 from 60' ROW to a 50' ROW on the three street
RO W's.
• Added a stub to the adjacent property to the South at Schertz Engineering Staff request.
The addition of the stub resulted in the loss of one residential lot.
The applicant has requested to revise the preliminary plat to establish 7.5' side yard setbacks. It is
Staffs understanding that the request for the revision is because the increase to the side yard
setback significantly impacts the viability of the project and has become an issue for the builder.
The subdivision was designed to meet the minimum lot depth, width and area which are reviewed
at the time of platting.
Staff recommends approval of the amended master plan.
Mr. Crawford asked if the 7.5' setback is grandfathered, because we approved this as 10'. Ms.
Wood stated that the current plan was approved at 10'. Mr. James stated that Staff looked at this
and if someone new is coming in, then City Council says going forward that is must be 10', but the
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Planning and Zoning Commission
February 12, 2014
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developer has been working on it for a while and it was Master Planned, and the developer didn't
realize that the setback created a problem, because the infrastructure is already set in motion for
how many lots were based on a certain mix of lots and builders. Mr. Keck stated that he was
originally the silent partner with the developer when the project began many years ago, but the
original developer could not finish the project and Mr. Keck took over and is now working with 2
builders and they have sold 37 of the 58 lots in Unit 1 and have begun construction on Unit 2 and
all discussions with the builders have been on the 7.5' setbacks. Mr. Crawford asked how did it
end up with 10' setbacks earlier. Mr. Keck stated that there was bad communication between the
engineer who left the project and the new engineer who came in then contacted Mr. Keck when he
noticed the difference in setbacks and all the sales and the planning the builders had done were
based on the 7.5' setbacks and it was an error on their calculation and this action tonight would
correct that calculation.
Discussion followed between Staff, the Applicant and the Commission.
Mr. Dahle moved to approve this item as presented. Mr. Crawford seconded the motion. Vote was
7 -0. Motion carried.
B. PC2014 -003 - Consider and act upon a request for approval of revised preliminary plat
of the Cypress Point Subdivision, Unit 2 consisting of 15.386+ acres, located
approximately 600 feet west of the intersection of Eckhardt Road and the IH 35 Frontage
Road.
Ms. Wood presented this time by stating that the Master Plan (MDP) was amended and approved
by the Planning and Zoning Commission on June 26, 2013 which included an amendment to the
side yard setbacks from 7.5' to 10'. The final plat for Cypress Point, Unit 2 was approved by the
Commission on June 26, 2013 with 10' side yard setbacks. A request for amendment of the
Cypress Point Subdivision MDP is being presented at tonight's meeting for approval of 7.5' side
yard setbacks.
The applicant is proposing to preliminary plat 15.386+ acres of land establishing 56 single family
residential lots.
All public improvements required for this subdivision are required to be installed prior to recording
of the final plat of each Unit per UDC, Section 21.4.15., unless otherwise specified in an approved
development agreement. Staff recommends approval of the preliminary plat.
Mr. Evans asked Mr. Keck to ask the builders to put the air conditioners in the back yard if
possible. Mr. Braud asked about the well noted on one of the lots. Ms. Wood stated that on Lot
27, Block 2 and there is a well noted that was probably left over when the property was one piece.
Ms. Sanchez stated that it must be filled and capped. Ms. Wood stated that the Commission will
see this in the final plat and the final plat shows the well as gone. Ms. Wood stated that they are
discussing the preliminary plat for Unit 2. Mr. Evans stated that there should be a note on the plat
about the well. Ms. Sanchez stated that this is a construction issue and not a platting issue and it
will be addressed at the building stage.
Discussion followed between Staff and the Commission.
Minutes
Planning and Zoning Commission
February 12, 2014
Page 1 I of 13
Mr. Glombik moved to approve this item as presented. Mr. Brand seconded the motion. Vote was
7 -0. Motion carried.
C. PC2014 -004 - Consider and act upon a request for approval of a revised final plat of the
Cypress Point Subdivision, Unit 2 consisting of 15.386+ acres, located approximately 600
feet west of the intersection of Eckhardt Road and the II135 Frontage Road.
Ms. Wood presented this item by stating that this is for a revised final plat, which was just
presented in the last item to establish 7.5' side yard setbacks.
Mr. Dahle moved to approve this item as presented. Mr. Crawford seconded the motion. Vote was
7 -0. Motion carried.
A. Presentation and discussion on 2013 TX APA Conference Presentations.
Mr. Richmond mentioned that this item should stay on the agenda for the next meeting and will not
be discussed tonight.
1 1!
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.
None
B. Requests by Commissioners to Staff for information.
• Mr. Evans asked what is happening on the other side of the new Valero on Live Oak
Road. Ms. Sanchez stated the area is being cleared for the Mistywoods subdivision.
• Mr. Richmond asked what is the future of Maske Road on that side of Schertz
Parkway. Ms. Wood stated that Maske Road runs through the subdivision. Mr. James
stated that Staff will email a copy of the plat for Mistywoods subdivision to the
Commission.
• Mr. Evans asked how much longer Saws would be digging up Dietz Creek. Mr. Brand
stated that it is COMA.
C. Announcements by Commissioners.
• Mr. Richmond stated that he gave the Commission tonight a handout of what he
presented at the first meeting of the joint Boards, Commissions Workshop on February
10t1i and had good dialogue from all participants and they discussed continuing this on a
semi - annual basis.
• Mr. Rumfelt stated that he attended the Town Hall tonight about the Mesa Oaks
concerns.
D. Announcements by City Staff.
Minutes
Planning and Zoning Commission
February 12, 2014
Page 12 of 13
Ms. Sanchez stated that City offices will be closed Monday. February 17, 2014 for
President's Day and the next meeting is scheduled for February 26, 2014,
Ms. Sanchez stated that the Community Volunteer Fair has been scheduled for April 10,
2014 and to mark their calendars and Staff will send an email reminder later for
vohmteers to attend.
Mr. James stated that the gas pipeline on Schertz Parkway is being done by Centerpoint
Utilities and the line is for redundancy, they did pull the necessary permits and Mike
Colombo at Public Works is overseeing the project. Mr. Glombik asked if there will be
some covering on the ground when they finish. Mr. James stated that before Mike
Colombo signs off on the project, the new policy is that they need to reestablish grass
before they close the project.
9. ADJOURNMENT OF THE REGU MEETING
The meeting adjourned at 10:10 P.M.
Chairman, Planning and Zoning Commission
Minutes
Planning and Zoning Commission
Felauary 12, 3014
Pace 13 of 13
Recording Secretary, City of Schertz