07-11-2000
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PLANNING & ZONING MINUTES
July 11, 2000
The Schertz Planning and Zoning Commission convened in a Public Hearing on
Tuesday July 11,2000, 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
Ernie Evans, Chairman
David Richmond, Vice Chairman
Keith Van Dine, Secretary
Gary Wallace
Tony Moreno
Joyce Briscoe
William Sommers
Ken Greenwald, ex-officio
Steve Simonson,
Asst. City Manager/Planning
Coordinator
Mary Ybarra, Planning/
Recording Secretary
Commissioners Absent
Others Present
Tim Fetter,
Karen Richter,
Mike Traweek,
Troy Breeden
#1 Call to Order:
Chairman Evans called the Public Hearing meeting of July 11, 2000 to order, and stated
that the purpose for the public hearing is to take action the following request;
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#2 Public Hearing: To receive citizen input on a request from Tim & Sheila
Fetter, 2508 Kline Circle to rezone approximately 3.5 acres from NS (Neighborhood
Services) to R-1 (Single Family Residential) (80x120's), property is along Ashley Oak
Dr., west of FM3009, and across from Autumn Winds Nursing Home.
Chairman Evans 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 and notices
posted.
At this time, Staff input is requested stated Chairman Evans.
Steve Simonson stated that in accordance with city ordinance twelve (12) 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, no letters received opposed, however one letter was
received, non-committal. Copies of these letters are part of your packets. Steve
explained that the zoning is a change from a commercial zoning that has been in place
for approximately fifteen years, to a deep lot residential zoning. The lots are to be much
larger than the R-1 zoning.
At this time, Tim Fetter developer for the property passed out a preliminary subdivision
plat showing the lot size to be 90' wide by 244' deep. He stated that he is also working
on restrictions of 90 % masonry, a side, rear entry or detached garage, and the type of
home we are planning would be a "country style" home with 50' front yard setback and
40' rear yard setback. These setbacks were established in order to save trees and
preserve the area the way it is.
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At this time, Chairman Evans opened the floor for citizen comments and reiterated the
public hearing procedures.
Karen Richter who resides on "Old Moss Street", which is actually behind the nursing
home questioned "when would construction begin"?
Mr. Fetter stated that construction would commence sometime in early fall of this year,
and added that at this time he is working on all required documentation.
With no further comments, questions or concerns Chairman Evans closed the public
hearing at 7:05pm.
#3 Adjournment of Public Hearing:
Public Hearing adjourned at 7:05 p.m.
The Schertz Planning and Zoning Commission convened in a regular session, after the
Public Hearing. The agenda is as follows:
#4 Call to Order:
Chairman Evans opened the regular meeting of July 11, 2000 at 7:05 p.m.
#5 Approval of Minutes: Regular sessions of June 27,2000 and the minutes of
June 13, 2000 were not published.
Ernie Evans asked for corrections, additions to the minutes of June 27, 2000, and noted
that the minutes of June 13, 2000 were not published.
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Joyce Briscoe stated that on page two first paragraph, the word "correction" should read
"correct".
With no further corrections or additions, David Richmond moved to approve the minutes
of June 27, 2000 as corrected. Keith Van Dine seconded the motion. With a vote being
called, the motion was approved.
#6 Status of Final Plats:
There were none to report.
#7 BOA Actions:
Joyce Briscoe reported that the Board of Adjustment approved the requests from the
Ronald Blakeman, 108 Webster St. and Robert Rush, 212 Newrock Creek at their
meeting of June 10, 2000.
#8 Citizen's Input Other Than Agenda Items:
There were none.
#9 Consider and Make Recommendation: On a request from Tim & Sheila
Fetter, 2508 Kline Circle to rezone approximately 3.5 acres from NS (Neighborhood
Services) to R-1 (Single Family Residential) (80x120's), property is along Ashley Oak
Dr., west of FM3009, and across from Autumn Winds Nursing Home.
At this time, there was no additional information provided except that Mr. Simonson
mentioned that all utilities are in place for the development to go forward.
Ernie Evans referenced the deletion of the 50' ROW easement indicated on the plat and
asked if this is correct?
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Mr. Fetter explained that this is a very old ROW easement that doesn't go anywhere,
which happens to be part of his property. Mr. Fetter added that this is the reason for the
deletion.
Steve Simonson stated that sometime ago when building began for the Autumn Winds
development and homes between Savannah Square, there was concern of having
access back to this area. However, this is no longer true. Mr. Simonson added that the
ROW easement is part of Mr. Fetter's property, and that there are no easements on
either side of this area.
Ernie Evans asked Mr. Fetter if deed restrictions were going to prevent privacy fencing?
Mr. Fetter stated that fencing would be a required, unless the city has it's own
requirements, and added that the type of fencing would be restricted.
Ernie Evans asked if the city had segregation issues associated with residential
. property (i.e. lot 2) up against commercial property?
Mr. Simonson stated that the commercial property being in place first, it wouldn't be
required to place a masonry fence separating the two. Steve added that the segregation
between the two isn't a problem because it's a side yard separation. Steve further
explained that the zoning ordinance requires an 8' masonry fence if commercial
property comes up to residential property. However, if residential property comes up to
commercial property there is no requirement of an 8' masonry fence separating the two.
Steve stated that one thing to remember is that the width of these lots are 90' and with
enough side and front yard setbacks, the homes will have an off the street look and
quite distance from each other.
David Richmond stated that he agrees with the off set off the street, but quite a distance
from each other, maybe not. If the minimum square footage is 18,000 square feet, and
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depending on the square footage of the home built, we could be seeing homes at 5 or
10 feet from the lot line.
Steve Simonson stated that the subdivision is not going to have a typical appearance
with 90' width lots and 50' front yard setbacks, which will allow for variation. Steve
added that obviously these would be premium lots, because of the treed area.
David Richmond also voiced concern with the proposed house being built on lot 2. If it
were a large house it conceivable could be close to the lot line, and asked what is the
distance from the office building to the lot line in lot 2? Mr. Fetter replied it was
approximately 40 to 50 feet to the lot line.
With no further discussion, Gary Wallace moved to forward to City Council
recommending approval the request from Tim & Sheila Fetter, 2508 Kline Circle to
rezone approximately 3.5 acres from NS (Neighborhood Services) to R-1 (Single Family
Residential) (80x120's), property is along Ashley Oak Dr., west of FM3009, and across
from Autumn Winds Nursing Home. Tony Moreno seconded the motion. With a vote
being called, the motion was approved unanimously.
#10 Consider and Take Appropriate Action: On a request from Insenhour
Service Center, Inc. for final vacate/replat approval of Lot 2, Bradfute Subdivision,
Borgfeld Road.
At this time, Ernie Evans asked for staff input.
Steve Simonson stated that this is replat of lot 2 of the Bradfute Subdivision, and
pointed out that the lot number has been corrected and all other required items are
shown. This item is the only correction discussed at our previous meeting.
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With no further discussion, Tony Moreno moved to approve the request from Insenhour
Service Center, Inc. for final vacate/replat approval of Lot 2, Bradfute Subdivision,
Borgfeld Road. David Richmond seconded the motion. With the vote being called, the
motion was approved.
#11 Consider and Take Appropriate Action: On a request from H 2 Auto, Inc.
for preliminary plat approval of FM3009 Laser Wash Subdivision.
Steve Simonson stated the property is two different pieces of property with a single
entrance between the two properties. This split was set up sometime ago and we will
have to determine what will happen to the driveway, if this development going to want
it's own entrance on FM 3009 or will the driveway serve both properties, which are
commercial properties. Other items are; property owners need to be labeled in the
surrounding properties, building setback line shown at 50', easements have to be
shown on the lots, ROW dimensions of FM 3009 have to be delineated, and add lot and
block numbers.
Ernie Evans asked if the existing driveway also served the house the sits off the road
and was advised yes. Ernie questioned the ownership of the driveway, is it owned by
the homeowner of the house or by the commercial property? Steve Simonson stated
that the homeowner that sits off the road owns the driveway easement and also the
property in the front.
Steve Simonson explained that he learned some history in the mid-eighties when he
first came to work with the city. This property was set up originally to accommodate the
desire of the FM 3009 overlay ordinance to minimize the number of cuts into the road.
Steve added that this is why he isn't sure at this time what the request might be and if
there is an agreement with property owner allowing them the use of the driveway.
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Troy Breeden developer of the property stated that the deed on the property allows the
use of the driveway, however the development is not utilizing the driveway, it will have
it's own entrance/ exit, and not interfere with the existing ROW easement.
David Richmond asked what is going to make this car wash unique, as compared to the
development of a car wash (Texas Shine), in the same area? Mr. Breeden stated that
"Texas Shine" is a full service facility, whereas FM 3009 Laser Wash would be a self-
service facility, which will also have attendants, 24 hour service, lower cost, water saver
and softener, etc.
David Richmond stated that the only reason for his question is that this would be the
third car wash on FM3009 that has been considered recently. David added that as long
as there are differences makes it good. Mr. Breeden stated that all three car washes
have different markets.
Ernie Evans questioned the driveway easement and asked if the easement would be
deleted or replaced? Mr. Simonson stated that he would be checking with the engineers
and Mr. Breeden for assurances that nothing would happen to the homeowners access
to the property. Mr. Simonson added that the driveway issue would have to be
addressed before approving a final plat. Ernie Evans stated that his concern is the
protection of the homeowner, and the commercial property, however there is the
concern of additional curb cuts along FM 3009.
With no further discussion, Tony Moreno moved to approve the request from H 2 Auto,
Inc. for preliminary plat approval of FM3009 Laser Wash Subdivision contingent upon
the corrections discussed. Keith Van Dine seconded the motion. With a vote being
called, the motion was approved.
#12 Consider and Take Appropriate Action: On a request from Larry Aiken,
Jonas Woods Limited for preliminary plat approval of Jonas Woods Subdivision, Schertz
. Parkway/Maske Road.
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Steve Simonson stated that this is the first plat of the Jonas Woods Subdivision, which
has been submitted in two sheets. The first sheet indicates the R-5 area; the second
sheet shows the larger lots, which is the R-2 area. The plat indicates two entrances:
Jonas Woods and Jonas Crossing (main entrance). Steve mentioned that there are
several items that would have to be addressed before final platting; such as showing
utility easements, street ROW dimensions, and is the commission going to require a l'
non-access easement on Maske Road?
David Richmond asked for clarification to differences to the two entrances off of Schertz
Parkway. The main entrance, Jonas Crossing is listed at 100' and the second entrance,
which is much narrower, is listed at 110' is this correct?
Mr. Larry Aiken stated that the second entrance of 110' takes up the radius of each of
the side lots, whereas the 100' (Jonas Crossing) entrance is a net width. Mr. Aiken
added that the 110' ROW is actually a 60' depth ROW with the added 25' radius from
each of the side lots. This was done to ease traffic into the subdivision. Mr. Aiken
explained that at Jonas Crossing the width is 100', however the road tapers down after
crossing Jonas Estates to a 60' ROW.
Mr. Aiken stated that the development does not have a problem with Jonas Wood the
second entrance, which lines up with Woodland Oaks to continue across into the Jonas
Woods Subdivision. These street names have not been approved and are subject to
the Commissions approval.
Joyce Briscoe commented that street names are repetition, and believes it may cause
problems. Mr. Aiken acknowledged it's a valid point and would look into it.
Joyce Briscoe voiced concern with the large number of property owners having only one
access, "that is going to be one busy street". Mr. Aiken pointed out that this area would
. only have approximately 30 lots, and if the Commission remembers the intent is to
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make this area pedestrian friendly. No one in this area would be no more than 600'
away from the park area. Mr. Aiken stated that as a consequence at peak rush hour
traffic would have the tendency to bottleneck, however the trade off would be to
discourage residents from using their vehicles every time. Mr. Aiken believes that the
only way to create a pedestrian friendly mentality is to restrict the area.
The Commission was in agreement that the entrance to this area needed widening,
which would provide a larger entrance. Mr. Aiken stated that he didn't have a problem
with the suggestion and offered to widen, which would also provide more landscape
area.
Ernie Evans stated that he had concern with block 5, lot 1 in regard to the driveway
accessibility. He believes some homeowner will have to back out into a "truck load of
traffic". Obviously, on entering and exiting. Ernie also has the same concern with block
10, lot 1, at Jonas Crossing. "Would that driveway be coming out onto Jonas Estates"?
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Mr. Aiken stated that both abutting lots at Jonas Crossing would feed onto Jonas
Estates, and not feed onto Jonas Crossing. Mr. Aiken stated that these lots would be
restricted from having their driveway coming out onto Jonas Crossing, enabling them
not to feed onto Jonas Crossing.
Mr. Aiken explained that the subdivision has several irregular corner lots that have left
as groved areas. The plat also shows the acreage set-aside for the park area that would
be part of the homeowners association (HOA). Mr. Aiken stated that both these areas
would fall under a HOA. This way no one would be able to tamper with these areas. Mr.
Aiken concluded that the knowledge behind the decision was to get these areas out of
individual hands and into part of the HOA.
David Richmond stated that the plan is a great idea, and approves of the idea.
However, he voiced concern in regard to fences once the homes are built, adjacent to
. these groved areas. Mr. Aiken explained that the homeowners would be restricted to
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open fencing such as, wrought iron, and web fencing. Mr. Aiken also informed the
Commission that walkway easements of 5 to 10 feet would be provided into the groves.
This way the HOA would be able to maintain these areas, stated Mr. Aiken.
Steve Simonson stated that some of these groved areas have access from Maske
Road, and reminded the Commission that these areas would have to be labeled
common areas, and secondly have accessibility in order to be maintained by the HOA.
Steve Simonson also made mention of the Commissions concern with the development
having a single entrance for a 120 lots. Actually, the development has one entrance and
two ways to exit. Mr. Simonson stated that this is not unusual, there are other
subdivisions in the city with this type of layout that have not had substantial delays in
and out of their subdivisions. Mr. Simonson pointed out that as soon as this
development starts building homes and Woodbridge Subdivision continues with their
development, a four way stop would be going up in this area. This would be one more
. four way stop in this, with the other two four ways stops, one at Savannah Drive, and
Ashley.
Gary Wallace stated that he would vote for the continuation of Woodland Oaks Dr.
across into the Jonas Woods Subdivision. Mr. Aiken stated that he didn't have a
problem with the continuation of Woodland Oaks Dr.
With no further discussion, David Richmond made a motion to approve the request
from Larry Aiken; Jonas Woods Limited for preliminary plat approval of Jonas Woods
Subdivision, Schertz Parkway/Maske Road contingent upon changes noted. Gary
Wallace seconded the motion. With a vote being called, the motion was approved.
#13 General Discussion:
Tonv Moreno:
. Tony had no comments.
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Keith Van Dine:
Keith had no comments.
Gary Wallace:
Gary had no comments.
Jovce Briscoe:
Joyce stated that she would not make the meeting of July 25, and August 8th, and if
there is a BOA meeting scheduled in this time frame she won't be able to attend.
Ken Greenwald:
Ken reported that the council did not meet last week because of the holiday, however
the workshop session scheduled for tomorrow the 1ih will be a regular meeting and
workshop combined.
. David Richmond:
David asked for a status on the off premise sign issue, and was advised that at the next
schedule meeting it would be part of the Commissions packet. Steve advised that the
off premise sign issue is on the councils agenda for the 1ih. A letter from the attorney
has been provided covering all items, what the city can expect, and all the problems
involved.
Steve Simonson:
Steve reported that all letters have been sent out on the oft premise signs along the
railroad ROW on FM 78. Steve advised the Commission that he has received a lot of
flack. Steve added that a copy of the letter, copies of the Planning & Zoning, City
Council minutes, and a copy of the ordinance has been sent to the city attorney asking
for his input.
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#14 Adjournment:
David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion.
The meeting adjourned at 8:05 p.m.
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