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03-14-2000 . . . PLANNING & ZONING MINUTES March 14, 2000 The Schertz Planning and Zoning Commission convened in regular session on Tuesday March 14, 2000, 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 Keith Van Dine, Secretary Tony Moreno Gary Wallace Joyce Briscoe William Sommers Ken Greenwald, ex-officio Steve Simonson, Asst. City Manager/ Planning Coordinator Mary Ybarra, Planning/ Recording Secretary Commissioners Absent Others Present Ernie Evans (work related) David Richmond (out of the City) Noehmy Flores, 9502 Vanderpool St. Larry & Elizabeth Mooney, 2459 Cove Crest Dan Tackett, Highland Homes Fernando & Yvette Cantu, Highland Homes Tommy Kleibea, 12127 Las Nubes #1 Call to Order: Due to Chairman Evans and Vice-Chairman David Richmond absence, Secretary Keith Van Dine opened the meeting of March 14, 2000. 1 . At this time, Keith Van Dine welcomed William Sommers to the Planning & Zoning Commission as the newly appointed Commissioner. #2 Approval of Minutes: Keith Van Dine stated that the minutes of February 22,2000 were not published. #3 Status of Final Plats: There were none to report. #4 BOA Actions: Steve Simonson reported that the Board of Adjustment approved the special exception request from SCUC ISD to encroach into the front yard setback for placement of . portable classrooms with the stipulation that a fence is built along Elbel Road. #5 Citizen's Input Other Than Agenda Items: There were none present. #6 Consider and Take Appropriate Action: On Bandit Sign application for sign placement on FM3009 for the following: a. Highland Homes, Inc. (Woodbridge Subdivision) b. Pulte Homes of Texas (Arroyo Verde Subdivision) c. Benchmark Homes (Oak Trails Subdivision) d. Wilshire Homes (Forest Ridge & Greenshire Sudb.) e. Ryland Homes (RaymiSignworks) Deer Creek Subdivision f. Flagstone Homes, Ltd. (Berry Creek Subd.) g. Japhet Custom Homes (Greenshire Subdivision) . h. Flair Homes (Woodland Oaks Village/Greenshire Subdivision) 2 . Keith Van Dine stated that the Commission would take action on the bandit sign applications as a whole, they will not be taken individually. Steve Simonson stated that as part of the new adopted bandit sign ordinance the request for bandit sign approval had to be submitted to the City of Schertz and reviewed by the Planning and Zoning Commission. The applications are from homebuilders throughout the city wanting authorization to place bandit signs along FM3009. The new ordinance states that signs are to have permits issued by the inspection department and affixed on the sign, a map indicating the placement of signs is also a requirement. The new ordinance becomes effective at the end of March 2000. Signs without authorization will be removed and dealt with accordingly. Keith Van Dine asked that if all applicants were fully aware of the rules, regulations and what was expected, and was advised yes, the applicants have completed all necessary . paperwork individually. With no further discussion, a motion was made by Tony Moreno and seconded by Gary Wallace to approval the request for application for Bandit sign placement on FM3009 for the above mentioned on agenda item #6, A to H. With a vote being called, the motion was approved. #7 Consider and Make Recommendation: On a request from Larry & Elizabeth Mooney, 2459 Cove Crest, blk. 23, lot 6, Woodland Oaks Subdivision Unit 6B for special exception to the zoning ordinance for a rear yard setback from 20' to 14' for construction of deck and patio cover. Steve Simonson stated that the request has been brought for consideration because the deck will have a patio cover, which would be attached to the house. It will be . encroaching 4 feet into the 20-foot building setback of the back yard. 3 . Tony Moreno stated that the way the house is placed, it is a partial encroachment in the way its is angled. Steve Simonson stated that was correct, only part of the patio is encroaching into the building setback. The way the house was placed, the corner of the house sits right at the 20 foot building setback. With no further discussion, a motion was made by Tony Moreno and seconded by Gary Wallace to forward to the Board of Adjustment recommending approval the request from Larry & Elizabeth Mooney, 2459 Cove Crest, blk. 23, lot 6, Woodland Oaks Subdivision Unit 6B for special exception to the zoning ordinance for a rear yard setback from 20' to 14' for construction of deck and patio cover. With a vote being called, the motion was approved. #8 Consider and Take Appropriate Action: On a request from Texas Shine, Inc. for final short form plat approval of Texas Shine Subdivision, FM3009. . Steve Simonson stated that the plat does not include any property that would be affected by the extension of Weiderstein Road. The size of the lot has been cut down, however it is still greatly affected by the LCRA easement. The Weiderstein Road can not affect by the property that is left. An agreement was made with Barshop & Oles to scale the property down to exactly what would be needed. The option is still open to the Weiderstein project on the remainder of the property when the property sells. The request before the Commission is a straightforward request. Items indicated on the plat are; 25-foot building setback, 50 foot building setback across from FM 3009, overhead LCRA easement, un-platted property, and all surrounding property owners are named. The plat also includes, the 25 foot building landscape buffer, and a 19-foot drainage easement across the front of the property. The Commission was in agreement that the plat is a pretty straightforward plat with all the necessary signatures indicated. . 4 . With no further discussion, a motion was made by Gary Wallace and seconded by Joyce Briscoe to approve the request from Texas Shine, Inc. for final short form plat approval of Texas Shine Subdivision, FM3009. With a vote being called, the motion was approved . #9 Consider and Take Appropriate Action: On a request from Texas Shine, Inc. for Site Plan Approval of Texas Shine Car Wash, FM3009. Steve Simonson stated that the plat was submitted in two sheets. In the first sheet one item to mention is the preparation of a monument sign, also the dumpster is placed toward the back underneath the LCRA power line. You can tell the effort that was made to place the lights in strategic locations. The concrete fencing that is required is shown to the rear of the property. The building sizes are shown and all buildings are shown with their different configurations on the building size. . The second sheet is the landscape sheet that labels all the trees that could be saved. The plat does not show planting any trees at front of the property, however the plat does indicate the trees that have been saved across the front of the property to meet the intent of what is wanted by the Commission. One question that is an issue is the use of Red Bud trees in the tree mitigation plan. The city ordinance calls for Pistach, Oak or Elm in tree mitigation. The landscape plan is proposing three red bud trees to be placed. If the Commission approves the placement of the red buds, it would be a variance to the ordinance. Steve Simonson added that the plan also shows the funds paid for the trees mitigated. Joyce Briscoe questioned the mesh chain link or orange plastic safety fence that was indicated on the plat. What is the purpose of the fence? John Elorriaga representing Texas Shine stated that the fence is the tree protection fence, which is placed around the trees to be saved. The fence is a temporary measure, . 5 . and the orange color stands out, indicating to the contractor that the tree or trees are not to be removed. In a brief discussion in regard to red bud trees indicated on the plat, it was decided that because the tree ordinance requires, Elm, Oak or Pistach, the three red bud trees would not meet the ordinance requirement and a variance would be needed. At this time, Mr. Elorriaga stated that Texas Shine did not have a problem with the deletion of the red bud trees and complying with the City requirement. Mr. Elorriaga asked that the Commission not hold this issue against the project. Gary Wallace voiced concern on how would the Commission act on the request due to the plat not complying with the tree ordinance. Gary Wallace further stated that he isn't inclined to grant a variance. How could the Commission approve the request? . Steve Simonson stated that the Commission could approve the request without approving the red bud trees and state that Texas Shine must meet one of the three trees that are required. Steve Simonson added that Texas Shine would then provide the city with a corrected plat indicating the change. The corrected plat would then be placed on file, which has been done before. Gary Wallace stated that he is against granting variances, the tree ordinance is in its formative stage and believes granting a variance would set bad precedent. Mr. Elorriaga stated that Texas Shine would remove the red bud trees and would comply with the placement of one of three required trees. With no further discussion, a motion was made by Gary Wallace and seconded by Tony Moreno to approve the request from Texas Shine, Inc. for Site Plan Approval of Texas Shine Car Wash, FM3009 contingent upon the submittal of a revised site plan that . 6 . substitutes one of the three approved trees of the tree ordinance for the red bud trees. With a vote being called, the motion was approved. #10 Consider and Make Recommendation: On a request from Highland Homes, Inc. for a special exception to the zoning ordinance for rear yard setback from 50' to 45' of block 24, lot 49, Woodbridge Subdivision Unit 1. Steve Simonson stated that the original request was for blanket authority however the Commission felt that each request from the builder should be dealt with individually. This is the first request from the builder and also present are the homebuyers. Steve Simonson stated that if the Commission were to grant the request, the Commission would not set a precedent, this type of request has been done before. Keith Van Dine asked for comments, questions or concerns, with none voiced; a motion . was made by Gary Wallace and seconded by Tony Moreno to forward to the Board of Adjustment recommending approval the request from Highland Homes, Inc. for a special exception to the zoning ordinance for rear yard setback from 50' to 45' of block 24, lot 49, Woodbridge Subdivision Unit 1. With a vote being called, the motion was approved. #11 Consider and Take Appropriate Action: Request from Wunderlich Builders for Site Plan approval of Metro Ambulance Service Inc. Schertz Business Park. Steve Simonson stated that as indicated on the site plan the development sits on the last three lots (15,16 & 17) which is the cul-de-sac toward the back on Commercial Place, Schertz Business Park. Platting is not required because all three lots are owned, there are no easements across the lots that would interfere with the development. The site plan also indicates the shop, and wash racks at the back. The dumpster is also indicated on the site plan, trees are shown and labeled a total of 4" DBH across the . front. Basically, the site plan indicates xeriscape landscaping, a rock face front. The one 7 . thing not shown is what type of sign would be affixed. It is assumed that a Metro Ambulance sing would be on the building. The development would not have a freestanding sign. With no further discussion, a motion was made by Tony Moreno and seconded by Gary Wallace to approve the request from Wunderlich Builders for Site Plan approval of Metro Ambulance Service Inc. Schertz Business Park With a vote being called, the motion was approved. #12 Consider and Take Appropriate Action: Associates for approval of scrivener corrections Subdivision Unit 1, lots 6,7.8,9, & 10. Request from Don McCrary & to recorded plat of Oak Trail Steve Simonson stated that this request is to correct the lot layout of the lots in questions. When the survey was done to prepare for building sites, and sell individual . lots, the surveyor took off at a wrong pin. The lots have been sold so in order to make this plat correct with the survey, which has been recorded of individual deeds. The plat has to go through the process of scrivener change to correct the plat. A scrivener correction usual means a minor correction that would not be brought forward to the Commission. However, this is a major scrivener correction because of bearing and distance involved. The R-2 configuration has not changed; the lots still meet the requirement. To meet the legal requirement the plat needed to go through the process and show the corrections to match the survey. The plat will be recorded with the changes shown. With no further discussion, a motion was made by Tony Moreno and seconded by Gary Wallace to approve the request from Don McCrary & Associates for approval of scrivener corrections to recorded plat of Oak Trail Subdivision Unit 1, lots 6,7.8,9, & 10. With a vote being called, the motion was approved. . 8 . #13 Consider and Make Recommendations: Request from Don McCrary & Associates to rezoning 8.851 acres from R-1 (Residential District- lots 80'x120') to R-6 (Residential Districts -lots 60'x 120'). Steve Simonson stated that the request is nothing more than the last part of the Oak Trail Subdivision applying for the R-6 density at the rear, passed the greenbelt or drainage area as per the master plan, which has been approved. Gary Wallace asked what is the situation in regard to the road that was to be part of the Oak Trail Subdivision, extension of Weiderstein Road? Mr. Simonson stated that the issue concerning the road would be dealt with in the platting stage. The road was part of the master plan, however we have since learned that the developer at the end of the subdivision shows a tie into to the subdivision from the Cibolo side. The City has not approved or agreed to the tie in. Thus, the request before the Commission would only be for the density. Steve added that the developer has to go through the zoning issue . before the platting issue, and the road would be dealt with at that time. It has become a sticky issue because of what is happening in Cibolo. The premise was that the road should go from Green Valley Road to the Wiederstein overpass and that was what the city setup with Randy Dym with Oak Trail Subdivision. Steve Simonson commented that Cibolo's plan indicates that the road would not come anywhere near this subdivision (Oak Trail). The road would go over to the subdivision that is being planned in Cibolo, and come out on the other side of Green Valley Loop onto Main Street. This is an agreement with City of Cibolo, county and this developer. Gary Wallace commented that in his opinion he believes that the issue before the Commission would increase the number of lots and decrease the access. Steve Simonson stated that he did not know at this time what would happen in regard to the road. The plan was that a road would stub out across the property. The plan was that the developer had to stub the length of the property across the back or through the middle of the property. . 9 . Steve Simonson stated that the master plan was approved with the developer showing the road. The issue before the Commission is the density issue at this time, and the road issue would be dealt in the platting stage. Gary Wallace voiced concern that the road issue had not been discussed and his concern is that the zoning would place more people in the area with less access. Steve Simonson stated that the question this evening is to decide whether the issue is worth holding a public hearing. Steve added that he would insure that the concern would be passed on to the developer and engineer of the project, so the items of concern would be addressed at the public hearing. Joyce Briscoe stated that she agreed with Gary Wallace in regard to the density issue. Tony Moreno stated that the concerns would be addressed at the public hearing held by . the Planning & Zoning Commission, thus being the first step. The Planning & Zoning Commission could forward the concerns on the density issue onto the City Council for their consideration at their public hearing. Steve Simonson stated that whatever action the Commission takes on the issue, the developer and engineer would be advised that the density issue would need to be addressed at the public hearing of the Planning and Zoning Commission. With no further discussion, a motion was made by Tony Moreno and seconded by Gary Wallace to set a public hearing addressing the concerns on the density issue and road access on the request from Don McCrary & Associates on rezoning 8.851 acres from R- 1 (Residential District- lots 80'x120') to R-6 (Residential Districts - lots 60'x 120'). With a vote being called, the motion was approved. . 10 . #14 Consider and Take Appropriate Action Request from Don McCrary & Associates for Master Plan approval of Jonas Woods Development, Schertz Parkway. At this time, the Jonas Woods Development on the Master Plan submitted made their presentation. Larry Akin, consultant for Wilshire Homes stated that the development has purchased 26-1/2 acres from the Biegert family and is in the process of purchasing 60.81 acres from the Roberta Drow. The development is one of the finest properties remaining for development in the Schertz area. Mr. Akin provided some background information in regard to Wilshire Homes and Buffington Homes. Mr. Akin added that Wilshire Homes would be dropping the Buffington marquee, moving the entire company upscale. Mr. Akin stated that the project would be divided into two sections; the Estate section in the 200 thousand-dollar plus range, the Village in the upper 130 to the 150 or 160 . thousand-dollar range. The Estate section would be very similar to the Greenshire area with several premium lots that are to backup to the greenbelt area. The streets have been designed in such a manner that would discourage blow through traffic at high speeds, eliminating speed bumps, etc. The lot configurations will not be your standard lot size, there will be some irregular lots and some much larger lots, which fits well with the concept. Due to numerous large trees in the area, which will allow the development to keep the flow in such a manner to allow for flexibility in the building envelopes and curve linear streets to conserve as many of the trees as possible. Mr. Akin stated that trees are money because of the premiums from the homebuyer and trees also give subdivisions a tremendous lift to its personality. Mr. Akin stated that this evening he would like to speak mainly on what is planned for the Village, which is a fairly new concept. This type of product is being utilized in different ways in the Austin market. This development would be using the motor court concept with duplex units. These units would have a cottage look, porches, and would . be duplex together in order to get six to fit around a motor court. These units would 11 . . range in the 125 to 145 thousand dollar range. This would be the entry type product of the development. The "Village" concept would be front porches, shorter setbacks, sidewalks, looped roads, common area destination as a gathering place to create a neighbor atmosphere generating pedestrian friendly traffic, and to discourage automobile traffic. Our target market is to be young couples, with or without children, both working who are upscale people looking for an upscale product. These units would have minimum yard maintenance. The homeowner's dues may be higher in the "Village" mainly because these are people who are busy; these are young professional's couples or older retired couples that are scaling down, however would like a nice product, but does not want the hassle. Mr. Akin added that the area would be heavily monumented with its own common area over % acre, a bandstand gazebo, and pathways, etc. Mr. Akin stated that in order to go forward with the development and acquire the density needed, the development is requesting R-5 zoning. The development would have perimeter fencing around the entire area. Mr. Akin stated that he believes the development will be very successful and a tremendous asset to the City of Schertz In a brief discussion among the Commission and Mr. Akin several issues were addressed such as greenbelt areas, treed area, subdivision gates, loop systems, multiple outlets, acceleration/de-acceleration lanes, sidewalk proposal, drainage (routing water, etc.), Maske Road, etc. It was mentioned that several of these items would be addressed at a later time. The request before the Commission this evening is the overall layout (master plan), forthcoming is still the rezoning issue and platting. At this time, Mr. Akin thanked the Commission for the opportunity to make his presentation and asked if there were any questions. With no further discussion, a motion was made by Tony Moreno and seconded by . Joyce Briscoe to approve the request from Don McCrary & Associates for Master Plan 12 . approval of Jonas Woods Development, Schertz Parkway. With a vote being called, the motion was approved. #15 General Discussion: Tony Moreno: Tony welcomed Mr. William (Bill) Sommers, new Planning and Zoning Commissioner. Gary Wallace: Gary had no comments. Joyce Briscoe: Joyce had no comments. William Sommers: . William commented that he was glad to be part of the Planning and Zoning Commission and he believes it will be a learning experience. Steve Simonson: Steve stated that he received a letter from Bob Bomer Oldsmobile asking relief from the Article VIII Section 4.1 the city tree ordinance and mitigation requirements and fee required for mitigation. He would like for the Commission to make a recommendation to City Council denying the variance request. The request was received to late for it to be place on the agenda, however would like to get the Commissions consensus on the request. The Commission had some question in regard to the request not being an agenda item and how could the Commission take action on such a request. It was agreed that the request be placed on the agenda as a formal request at the next schedule meeting in . 13 . order for the Commission to act on the request and forward their recommendation to City Council. In brief discussion, the Commission agreed that the request be placed on the agenda at the next scheduled meeting. Ken Greenwald: Ken commented that two years ago voters turned down a bond issue for park areas and as of two weeks ago BVY A has approximately 600 children signed up to play ball. With all five fields going, six days a week and a game is rained out, that means trouble. There are not enough fields, and no practice fields to hold practice. Keith Van Dine: Ken commented that because the city tree ordinance is fairly new he believes the city . and Commission should not allow granting variances. The Commission worked very had to come up with an ordinance to protect the city's treed areas. Adjournment: Joyce Briscoe moved to adjourn the meeting. William Sommers seconded the motion. The meeting adjourned at 8:40 p.m. Chairman, Planning & Zoning Commission ATTEST: 'j)/j/vy' -)1<? ,;:./ ---- Planning'SecrErtary, City of Schertz . 14