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06-13-2000 .. . . PLANNING & ZONING MINUTES June 13, 2000 The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday June 13, 2000, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF David Richmond, Vice Chairman Tony Moreno Keith Van Dine Gary Wallace William Sommers Joyce Briscoe Ken Greenwald, ex-officio Steve Simonson, Asst. City Manager/Planning Coordinator Mary Ybarra, Planning/ Recording Secretary Commissioners Absent Others Present Ernie Evan (work related) Tim Fetter, Kline Circle Evelyn Niland, 1033 Live Oak Garnet & Ronald Blakeman Christy Niland James & Ruby Bindseil Albert Pena Malford Ackerman Larry Aiken Phillip & Daylan Doyal #1 Call to Order: Vice-Chairman Richmond called the pubic hearing of June 13, 2000 to order. 1 . #2 Public Hearing: To receive citizen input on a request from Jonas Wood Ltd. to rezone 87.279 acres located off of Schertz Parkway from "GB" (General Business) & R-2 Single Family Residential (70x120) to R-5 Garden Home District (50x100) & R-2 Single Family Residential (70x120). Vice-Chairman Richmond stated that the purpose of the public hearing is to take all comments into consideration in making a recommendation to the City Council. On behalf of the Commission he thanked everyone present for their concerned interest and cooperation with the hearing procedures. In order to hear as many different comments as possible, we request that you do not repeat the same comments made by a previous citizen. After the public hearing is closed on this issue, no more comments will be received from the citizens. Public Hearing on this issue will be scheduled by the City Council. At this time, David Richmond asked for staff input. . Steve Simonson stated that currently the area encompasses R-2 zoning that abuts Maske Road, Schertz Parkway and Ashley Place Subdivision. The zoning will eliminate all of the existing general business area which is approximately 300' in depth giving the area split zoning of R-2 and R-5. Steve Simonson stated that in accordance to the city ordinance fourteen (14) letters were sent out to property owners within a 200' radius of this property. Of the letters sent two (2) letters were received in favor, one received opposed. At this time, Chairman Richmond reiterated the public hearing procedures and asked if a representative for Jonas Woods Ltd. was present. Larry Aiken, representing Jonas Woods Ltd. pointed out that in the conceptualizing process the development has given up approximately a million two square feet of . general business zoning in exchange for approximately a million and eighty thousand 2 . square feet of R-5 zoning. Even though R-5 zoning allow lots 50x100' the development plans a minimum of 50x11 0'. The purpose is not to do high-density development; the conceptual plan calls for a central park area, within the village section of the subdivision. The central park area would be no more than 600' away from any lot in the village section, the idea being pedestrian friendly, explained Mr. Aiken. The park area would have many amenities such as pool, park benches, gazebo, and wandering paths, etc. This section of the subdivision would be designed for the working professional that doesn't have the time to maintain a larger home. Mr. Aiken commented that a homeowners association would maintain the park area and front streetscape as part of the association fee. The R-2 zoning, which is heavily forested would be groved into common area lots that would all backup to greenbelt areas. At this time, Chairman Richmond asked for citizen input, with none voiced the public hearing was closed. . #3 Public Hearing: To receive citizen input on a request from Ollie & Dereda Burkett, 120 Lincoln, to rezone 14.57 acres located east of Schertz Parkway on the north side of Live Oak Road from R-2 Single Family Residential (70x120) to R-5 Garden Home District (50x100) . David Richmond asked for staff input. Steve Simonson stated that the property is currently R-2 zoning with approximately 14 acres on Live Oak Road. In accordance with the city ordinance ten (10) letters were sent out to property owners within a 200' radius of this property. Of the letters sent out, one (1) letter was received opposed to the rezoning. At this time, David Richmond reiterated the public hearing procedure for everyone present and asked if a representative wished to make a presentation on this issue. 3 .' . . Larry Aiken informed the Commission that the developer of the project has asked for his participation and involvement with the development of the property, and at this time passed out exhibits for the Commission's review. Mr. Aiken stated that the project has created a single entrance, landscape easement along Live Oak Road, a privacy wall, which would be similar to the requirement on Schertz Parkway. The front section; single entrance would consist of a couple of cul-de- sacs with garden home lots, as the entrance continues the area would widen allowing head-in parking for the park area. Mr. Aiken explained that the park area would be an amenity center. The area right and left of the park area are nature preserves that would allow the development premium lots backing up to nature areas. These areas would also act as buffers for future development. The entire property would be privacy fenced, some wrought iron, rock, etc. Mr. Aiken explained that the fence would be in the 4 to 6 foot range around the perimeter, which would act as buffer to yards behind the development. Mr. Aiken added that lots would range between 22,000 to 26,000 thousand dollars, and house price range between 130 to 150 thousand dollars. Mr. Aiken further stated that at this time he is talking with different builders however, no decision has been made as to who the builder would be for the development. However, he stated that the homes would be 100% masonry material, no wood material of any kind or material that would rot would be used. There was some concern voiced in regard to drainage and at this time Mr. Aiken stated that these issues would be addressed by the Don McCrary, engineer for the project at the platting process. Mr. Aiken assured the Commission that concerns on the drainage issue would be looked at, and that would be in compliance with the city requirements. Tony Moreno asked what would the amenity center consist of? Mr. Aiken replied that it would consist of pool, patio area, small cabana and maybe a play scape. 4 .. Vice-Chairman Richmond stated that the Q & A (question & answer) was good, it answered a lot of questions of concern. However, the floor is open for anyone wishing to address the Commission on this matter. Albert Pena, 1035 Live Oak Road stated that his home fronts the side view of the proposed development and has several concerns. His concerns, like his neighbors have to do with the quality of home, lot size, drainage, the filled-in ravine and building in this area, will there be a homeowners association, pipeline that runs behind the property and location. At this time, Chairman Richmond thanked everyone for their comments and concerns and stated that obviously there are concerns with the development of any property. However, it's the Commission's task to work with developers to ensure that what is done, is right for the city today and for city's future, and all concerns discussed . previously would be addressed at appropriate times. With no further discussion, Vice Chairman Richmond closed the pubic hearing. #4 Adjournment of Public Hearing: The public hearing adjourned at 7:25 p.m. The Schertz Planning and Zoning Commission convened in regular session, after the Public Hearing. The agenda is as follows: #5 Call to Order: Vice Chairman David Richmond called the regular session of June 13, 2000 to order. . 5 . #6 Approval of Minutes: Regular sessions of April 25, 2000 and May 9, 2000. The minutes of May 25,2000 were not published. Vice Chairman Richmond asked for corrections or additions to the regular sessions of April 25, 2000 and May 9, 2000, and stated that having the opportunity to review the minutes over the weekend he has provided suggestions and corrections to said minutes. The corrections have been made, however if anyone has any corrections of significance to any issues please do so at this time. With none voiced, Gary Wallace made a motion to approve the minutes of April 25, 2000 and minutes of May 9, 2000. Keith Van Dine seconded the motion. With a vote being called, the motion was approved. #7 Status of Final Plats: . There were none to report. #8 BOA Actions: Joyce Briscoe reported that the Board of Adjustment ("BOA") approved the following variance requests from the following; Stephen & Rita Marquart, 4620 Flagstone, Ricardo Martinez, 415 Curtiss and Doug & Dennis Hayes, 1000 Crimson. #9 Citizen's Input Other Than Agenda Items: There were none present. #10 Consider and Make Recommendation: On a request from Jonas Woods Ltd. to rezone 87.279 acres located off of Schertz Parkway from "GB" (General Business) to R-2 (Single Family Residential (70 x 120') to R-5 (Garden Home District) & . R-2 (Single Family Residential (70x120) 6 . Vice-Chairman Richmond asked Mr. Simonson if there were additional comments on this matter. Steve Simonson responded that two more letters have been turned in from Ashley Place residents that are opposed to the rezoning. Steve Simonson also wanted to remind everyone that the rezoning is up zoning, not down zoning. It isn't density zoning, but more of a broader zoning. He also reminded everyone that the drainage concern would have to be addressed in the platting process. David Richmond asked if there was any further discussion on the rezoning issue, if not the chair will entertain a motion. . Gary Wallace moved to forward the request from Jonas Woods Ltd. to rezone 87.279 acres located off of Schertz Parkway from "GB" (General Business) to R-2 (Single Family Residential (70 x 120') to R-5 (Garden Home District) & R-2 (Single Family Residential (70x120) to the City Council recommending approval. Keith Van Dine seconded the motion. With a vote being called, the motion was approved. #11 Consider and Make Recommendation: On a request from Ollie & Dereda Burkett, 120 Lincoln to rezone 14.57 aces located east of Schertz Parkway on the north side of Live Oak Road from R-2 (Single Family Residential (70x120) to R-5 (Garden Home District (50x1 00). At this time, David Richmond asked for any additional information on the item before the Commission. Steve Simonson stated that one concern mentioned earlier was the pipeline going through the property that is clearly shown on the plat as a nature area, and amenity area. The other issue drainage, which obviously would be addressed very carefully in the platting process, will make sure that the water from the development doesn't . impinge on someone else. 7 . . William Sommers asked if the rezoning were approved, would this not be creating more rooftops in a high-density area that would drain into lower areas? Would the Commission be creating a situation similar to Green Valley Road? Does Schertz Parkway have the capability or would the Commission require the developer to get the road up to speed. Steve Simonson stated that the highway department in the 1980's rebuilt Schertz Parkway. The road was designed with under ground pipes, which will obviously be looked at with this development. Most of the water from the development will drain through the under ground pipe and into vacant land. The water will not drain to the corner of Live Oak Road and Schertz Parkway. Steve added that Schertz Parkway was built very well, with a cement base, and is one of the few roads that have held up extremely well. Green Valley Road is a whole different situation. Mr. Simonson concluded that the drainage issue would be done at the time of platting and would be an engineering issue that would be addressed at that time. At this time, Mr. Burkett acknowledged that none of the water from the property drains onto Live Oak Road and Schertz Parkway corner. Gary Wallace voiced a concern with the development going from R-5 to R2 zoning and the surrounding areas having much larger lots. Gary believes the rezoning would not be compatible to the area. William Sommers also voiced concern in regard to density. The surrounding property owners have larger lots than what is being proposed for the property, and wants to be sure the development conforms to the surrounding neighborhood. Joyce Briscoe also expressed some concern on the issue mentioned by Mr. Pena in regard to foundation. Is there a problem? Steve Simonson stated that anytime building takes place the land is tested for density and everything else. These things will all be . addressed at the time of platting. 8 . William Sommers questioned who actually is requesting the rezoning issue? Kenneth Dagley developer for the project stated at this time the property is under contract pending the outcome on the rezoning issue. At this time, the property is still owned by Mr. Burkett, which does not authorize Mr. Dagley to request the rezoning of the property. Mr. William Sommers asked if the developer would be making a commitment to the surrounding homeowners that there would be no more than 64 lots built? Mr. Aiken stated that based on the current layout, he believes no more than 55-lots maximum would be built. David Richmond stated that all the information discussed is significant, however the issue before the Commission is the rezoning issue. At this time, the rezoning issue is . very preliminary and likely to change many times before a final plat is submitted. With this in mind, David stated that the important thing to consider is that rezoning of this nature obviously increases density, and also raises concerns with drainage. These are also items of significant concern that the Commission takes a hard look at. With no further discussion, Tony Moreno moved to forward the request from Ollie & Dereda Burkett, 120 Lincoln to rezone 14.57 aces located east of Schertz Parkway on the north side of Live Oak Road from R-2 (Single Family Residential (70x120) to R-5 (Garden Home District (50x100) to the City Council recommending approval. Keith Van Dine seconded. With the vote being called, the vote was as follows: Ayes: Joyce Briscoe, Keith Van Dine and Tony Moreno Opposed: David Richmond, Gary Wallace, and William Sommers. At this time, David Richmond asked for additional comments. . 9 . Joyce Briscoe commented that citizen concerns were mainly with drainage and foundation, and recalls that there was no negative comment on what was being built. Joyce believes it's a reasonable request and we should let City Council decide. Tony Moreno commented that he believes that the R-5 (garden home) zoning would not attract families (in terms of numbers), and has no doubt it would attract older retired couples that are looking to down size. Tony believes these would be the majority of folks that would live there, and in his opinion the zoning is compatible, and a good development. Keith Van Dine stated that the issue before the Commission is preliminary at this time and believes the Commission will see this issue submitted over and over again. Let's approve the issue, let it get started and deal with the issue a step at a time. Keith stated that issue at this time is rezoning, all other concerns would be addressed at later times. . Joyce Briscoe stated that she understands the Commission has a tie, and is under the assumption that the vote might change with more discussion, however she would like to recommend that the Commission forward the issue to the City Council and let council know there was a tie. Larry Aiken briefly described what would happen if the development was left as R-2 zoning. Mr. Aiken described that the development would be more of production building, not creating the amenities, greenbelts, etc. associated with the R-5 zoning. Gary Wallace stated that he is not convinced that the economics are necessarily dependent on the zoning change, and is not in favor of the rezoning. At this time, David Richmond asked if there were no further comments, the chair will entertain another motion. . 10 . . . Keith Van Dine moved to forward the request from request from Ollie & Dereda Burkett, 120 Lincoln to rezone 14.57 aces located east of Schertz Parkway on the north side of Live Oak Road from R-2 (Single Family Residential (70x120) to R-5 (Garden Home District (50x100) to the City Council recommending approval. Tony Moreno seconded the motion. With the vote being called, the vote was as follows: Ayes: Joyce Briscoe, Keith Van Dine and Tony Moreno. Opposed: David Richmond, William Sommers and Gary Wallace. The vote was a split vote that would be forward to the City Council for their consideration. #12 Consider and Make Recommendation: Request from Tim & Sheila Fetter to schedule public hearing to rezone approximately 3.5 acres from NS (Neighborhood Services) to R-1 (Single Family Residential (80x 120 lots) property is along Ashley Oaks Drive, west of FM 3009, across the street from Autumn Winds Nursing Home. Steve Simonson stated the property is adjacent to the Fetter real estate property, and the remainder of the property is hidden off of FM 3009. Mr. Fetter believes that in respect to concerns to trees and Ashley Place residents that abut the property, that probably a better development would be to sell lots in an estate mode. Mr. Simonson stated that Mr. Fetter felt that the property would be better utilized as residential versus commercial. Mr. Simonson stated that lots exceed the R-1 zoning, lots being 90 plus and 200' deep. David Richmond questioned the tree clearing being done in the area. Mr. Simonson explained that the underbrush cleaning is taking place. Ashley Place homeowners have complained of snakes, bugs, etc. and Mr. Fetter has complied with the cleaning. Steve assured the Commission that no trees were taken out. 11 . With no further discussion, Tony Moreno moved to schedule a public hearing on the request from Tim & Sheila Fetter to schedule public hearing to rezone approximately 3.5 acres from NS (Neighborhood Services) to R-1 (Single Family Residential (80x 120 lots) property is along Ashley Oaks Drive, west of FM 3009, across the street from Autumn Winds Nursing Home. Gary Wallace seconded the motion. With a vote being called, the motion was approved. #13 Consider and Take Appropriate Action: Request from Ronald & Garnet Blakeman, 108 Webster for a special exception to the zoning ordinance for a side yard setback from 3' to 0' allowing the placement of an accessory building. . At this time, Steve Simonson passed out pictures provided by Mr. Blakeman showing the shed placement. Steve added that the pool is built, shed is placed, and pictures are self-explanatory. Mr. Simonson stated that he has been told that the adjacent neighbor has no problem with the shed placement. However, this would be considered on the Commission's recommendation to the Board of Adjustment. It's a requirement that property owners are notified. Mrs. Blakeman stated that the contractor was misleading, the contractor had assured them that permits were pulled and that placement of shed was not a problem. Mr. Blakeman also stated that the contractor created many problems, thus getting fined by the city's inspection department, and this is way we are here tonight, we are at the Commission's mercy. David Richmond stated that his concern is the neighbor that would be affected by the water run off from the shed. David suggested that getting letters from neighbors before the Board of Adjustment meeting would be helpful. With no further discussion, Joyce Briscoe moved to forward the request recommending . approval to the Board of Adjustment on the request from Ronald & Garnet Blakeman, 12 . 108 Webster for a special exception to the zoning ordinance for a side yard setback from 3' to 0' allowing the placement of an accessory building and that letters be provided from the neighbors to the Board of Adjustment. Keith Van Dine seconded the motion. With a vote being called, the motion was approved. #14 General Discussion: William Sommers: Bill asked if city staff has heard from the city attorney in regard to the billboard issue and was advised that the attorney is working on it and hopefully has something by next meeting. . Bill asked what was the city's limitation on bandit signs? Mr. Simonson responded that no more than twelve (12) signs per builder were authorized. Tony Moreno: Tony had no comments. Gary Wallace: Gary had no comments. Keith Van Dine: Keith had no comments. Joyce Briscoe: . 13 . . . Joyce voiced concern in regard to public hearing meetings. She believes citizens that attend public hearings must not realize that the Commission will take action at the regular meeting, because they all leave. Joyce asked if there was any way that a statement could be made advising them? David replied it was his mistake, he will make sure he mentions it. Ken Greenwald: Ken commented that Mr. & Mrs. Blakeman's problem is a glowing billboard for advising others to get a building permit first. David Richmond: David commented that Ken has a valid point, however there isn't much that can be done to educate unless people "read" the information. David asked if the city was making progress on the railroad ROW signage. Steve Simonson stated that at this time the appraisal district is researching two owners in the railroad right-of-way. In researching all other owners have been identified, except for these two owners. Steve Simonson: Steve had no comments. #15 Adjournment: Keith Van Dine moved to adjourn the meeting. Gary Wallace seconded the motion. The meeting adjourned at 8:30 p.m. ~/, ~~t) , ' if!N !Iv" A'Vvv'/~~-' 14 . . . ATTEST: --1.). , / ;' /. -- / '- 1/" YJ. . /7,I . i /!>rl-;,y / ',f lC _ ' _ {;;.v -iI'.--.. ___ .,'/ I/..~/ 0./ \.. --- I .. !r ' ",/} /? Planning St9cretary, City of Schertz Chairman, Planning & Zoning Commission 15