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02-23-1999 . . . e e PLANNING & ZONING MINUTES The Schertz Planning and Zoning Commission convened in Regular Session on Tuesday February 23, 1999, 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 Ernie Evans, Chairman David Richmond, Vice-Chairman Keith Van Dine, Secretary Tony Moreno Joyce Briscoe Gary Wallace George Maxfield Ken Greenwald, ex-officio Steve Simonson, Asst. City Manager! Planning Coordinator Mary Ybarra, Planning Secretary ! Recording Secretary Commissioners Absent Others Present Sam Bledsoe, MBC Engineering Barry Sanditen, 3009 Partners, Ltd. David Black, 210 Pecan St. Allissa Harris, 2644 Cotton King Laura Real, 15492 Real Rock Road Joe Roy, 110 Falcon Dr. Heather Wheeler, 1508 Red Oak Cove Anna Schweinberg, 1105 Quiet Creek Dr. Jarrod Brogdon, 5013 Brookheap Lane #1 Call to Order: Chairman Ernie Evans called the meeting to order at 7:00 p.m. 1 e e . #2 Approval of Minutes: Public Hearing and Regular session of January 26, 1999, and Regular session of February 09, 1999. Ernie Evans asked for corrections or additions to the minutes of January 26, 1999. Joyce Briscoe said that on page four, fourth line change the word "of' to "from". David Richmond added that on page seven-second paragraph, second line delete the word "the". Fourth paragraph second line change "e.i." to "i.e.", eighth line of the same, typo of "too" to "to", and on page ten, fourth paragraph last sentence change to read" This has maintained the City sign ordinance throughout the development". With no other additions or corrections, a motion was made by Gary Wallace and seconded by Keith Van Dine to approve the minutes of January 26, 1999 meeting as corrected. Upon a vote being called, the vote was as follows: . Ayes: David Richmond, Joyce Briscoe, Tony Moreno, Keith Van Dine, Gary Wallace and George Maxfield. Abstention: Ernie Evans (absent at said meeting). Chairman Evans asked for corrections or additions to the minutes of February 09, 1999. Gary Wallace stated that he wasn't present at said meeting, and should show him as absent on the first page. Joyce Briscoe said that on page four, second paragraph, last line add" forward with a" after the word" and", and the word "a" should be deleted in the fourth line. David Richmond added that in the third and fifth paragraph of the same page delete the word "that' in the first lines. In the first line of the fifth paragraph of page five delete the word "that". With no further additions or corrections, a motion was made by Keith Van Dine and seconded by Tony Moreno to approve the minutes of February 09, 1999 meeting as corrected. Upon a vote being called, the vote was follows: . 2 e e . Ayes: Joyce Briscoe, Tony Moreno, David Richmond and Keith Van Dine. Abstentions: Ernie Evans, George Maxfield and Gary Wallace (absent at said meeting). #3 Status of Final Plats: There were none. #4 BOA Actions: Steve Simonson reported that the BOA met February 22, 1999, and approved the request from Charles Reynolds, 3505 Marietta Lane to allow an encroachment of 15' into the 20' rear yard setback to build a deck and spa. Two of Mr. Reynolds neighbors were present, and voiced their approval for the request. There was no further business for the board to consider. . #5 Citizen's Input Other Than Agenda Items: There were none. #6 Consider and Take Appropriate Action: Request from David & Mary Black, 201 Pecan St. for a Special Exception to the Zoning Ordinance to allow an additional curb cut. (BOA #119-99). Steve Simonson explained that the house sustained flooding both in 1997 and 1998. Both driveways off the garage let out onto Oak Street, there is no outlet onto Pecan Street. Mr. Black restores cars, and only one car was rescued from floodwaters. For this reason, he is asking for special consideration due to his situation. The diagram shows the driveway will come around the side of the house extending to the front, and will exit onto Pecan Street near an adjacent driveway across the street. Mr. Simonson added that copies of letters from his surrounding neighbors expressing their approval are part . of the Commissioners packets. 3 e e . George Maxfield questioned if the driveway is going to be of a concrete material, and was advised it would be. At this time, Mr. Black handed out several pictures showing the floodwaters from the recent flooding, which explained the need for the additional driveway. Ernie Evans expressed concern for existing utility easements that would be affected, and was advised that there are no utility easements at the front of the property. Utility easements are in the backyard. Joyce Briscoe stated that it would be appropriate to allow the request, and in doing so would help alleviate the problem at this location. A motion was made by Gary Wallace and seconded by Keith Van Dine to forward with a recommendation of approval to the Board of Adjustment the request from David & Mary . Black, 201 Pecan St. for a Special Exception to the Zoning Ordinance to allow an additional curb cut. Upon a vote being called, the motion was approved. #7 Consider and Take Appropriate Action: Request from 3009 Partners, Ltd. for a revision to Forest Ridge Subdivision Master Plan. (BOA #399-99). Steve Simonson explained that an additional 110 feet would be taken out of the property (Master Plan approved) along the greenbelt. This part of the property overlaps what would have been Wiederstein Road, and property that will decrease the number of estate lots. Mr. Simonson advised the Commission that Mr. Sanditen has provided documentation and will show plans that are part of the court dispute with LCRA. He will explain his loss of revenue and changes that are necessary due to LCRA power line crossing his property. At this time he asked, Barry Sanditen to speak to the Commission. . 4 . . . e e Mr. Sanditen, representing FM3009 Partners Ltd., addressed the Commission welcoming the opportunity to explain his situation regarding LCRA and GVEC filing a lawsuit for condemnation purposes against his partnership. Mr. Sanditen briefly reminded everyone how the master plan had come about, and what has taken place since the plan was accepted in 1996. In working through the process, and working with the City, there were some agreements that were reached: 1. Down zoning of the site from R-6 to R-1. 2. Build Wiederstein Road across the property with the completion of the subdivision. Mr. Sanditen presented a diagram showing the existing overlay plan for the CPS 75' ROW that was initially planned. Shows the overlay of the additional 110 feet that LCRA is proposing. The taking of the additional 110' damages the economics of the overall plan, selling a marketable commodity as projected. LCRA's claim is that I can continue to build the road as planned, in-between their easements and power lines, and that it will not effect the value of lots, and the marketability of the project. Mr. Sanditen emphasized that he is not willing to accept their proposal. Mr. Sanditen introduced an additional diagram indicating moving the road further down in order to buffer from any future electrical lines, but in doing this, he feels it takes away from the ability to sell these lots. An additional diagram that is being considered shows the road moved down to where it crosses the Forbese tract. It shows sixteen much larger lots than what was originally planned, that could be built, however, the economics to the overall development are severally effected. For this reason, he would like for the City of Schertz to consider waiving the requirement that FM 3009 Partners, Ltd. not continue to build Wiederstein Road across the track. He concluded, that the subdivision would continue and eventually connect creating a secondary access point. Improvements would be considered, just as if the collector road had be built; containing drainage flow, green space, future parks, and will continue to contain the area until it connects to FM3009 frontage. Or, he would like the City of Schertz to consider joining the lawsuit with his partnership. 5 . . . e e Gary Wallace questioned why was the possibility of constructing Wiederstein Road on the easement rejected? Mr. Sanditen explained that in his opinion if towers were built, the road would run beneath and in between a series of towers, and he will not take the development risk of marketing such a product. Mr. Sanditen mentioned that he has suggested giving LCRA the land, and have LCRA build the road, however, the proposal was rejected. Gary Wallace commented that wouldn't Mr. Sanditen have to build the road regardless of the outcome? Mr. Sanditen stated that he hoped not, and informed the Commission that it was scheduled for jury trial with LCRA and GVEC, in Guadalupe County (Seguin). Gary Wallace asked if it wasn't premature discussing the issue, in view that a decision has not been reached? Mr. Sanditen stated no, because if it wasn't a requirement to build the road, he could drop the lawsuit. Mr. Sanditen concluded that if the road weren't a requirement, the lot layout would be different, with much larger lots. At the moment, he is not sure of the configuration. If the lawsuit were won, LCRA and GVEC would build the road. David Richmond asked what was the nature of the lawsuit, the condemnation of the land? Mr. Sanditen stated that it is the value, and the amount of money they are offering for the taking. David Richmond asked what would it do to the City's Master Road Plan? Steve Simonson stated that there are factors that the City would have to consider, however, these issues can not be addressed until the outcome is known in regard to the lawsuit. The Commission can not reach a decision, and make recommendation to the City Council until the outcome is known. It was the City Council that approved the Master plan, with the understanding that Wiederstein Road would be built. Mr. Sanditen at this point wants to know whether the City is willing to join him in his lawsuit. 6 e e . Tony Moreno stated that in the best interest of the City, maybe the City could consider joining and if not joining, support Mr. Sanditen. Steve Simonson points out that if the City shows support, the Commission needs to remember that this secondary electric source is needed. Ken Greenwald commented that LCRA finally agreed on the secondary line, and if the City joins Mr. Sanditen's lawsuit, it's like saying the secondary line is not needed. He feels the Commission can work with Mr. Sanditen in another manner. Ernie Evans stated that the Commission is in agreement not to take action in allowing relief on construction of the road prior to the outcome of the lawsuit. A motion was made by David Richmond and seconded by Gary Wallace to deny the request from 3009 Partners, Ltd. for a revision to Forest Ridge Subdivision Master Plan, . and re-affirm the need for the Wiederstein Road extension being part of Forest Ridge Master Plan given that it is consistent with the City of Schertz Master Road Plan. With a vote being called, the motion was approved. #8 Consider And Take Appropriate Action: Request from Continental Homes of Texas, L.P. for Preliminary Plat Approval of Carolina Crossing Unit 6. (PC #400-99). Steve Simonson stated that the plat for unit 6 is a continuation of the Carolina Crossing Subdivision on the Westside of Schertz Parkway. You will note that Savannah Drive is pulled across the property, and the entrance to the subdivision is off of Savannah Drive. There are several corrections before it can be brought forward as a final plat: 1 . Adjacent property owners. 2. Show 50' building setback along Schertz Parkway 3. To note #6 show Unit 6. 4. Item #7 change Saratoga Place to Heather Hills. . 5. Delete diagram block showing replated area. 7 . . . e e Ernie Evans questioned that an emergency exit is not shown. Steve Simonson indicated that because this is the first unit, and no decision has been reached by the Commission as to the placement, the emergency exit is not shown. It must be part of the second unit when it is brought forward. Steve Simonson assumes that the emergency exit would be placed near the drainage area as indicated by the plat. Ernie Evans questioned the diagram block showing the drainage channel, as being replatted. Steve Simonson stated that the designated area is to be replated at the time the area is platted to continue the units, and is not part of the plat for unit one. Paul Denham stated that the area would be contained in the next phase. The area will actually have easements around it, and will continue with the new channel as it continues through the area. Paul Denham stated that the diagram block would be deleted of the plat, and would be brought forward at the time the area is platted for the continuance of the drainage channel along with the future units. Paul Denham stated that it was his understanding that City Council did not want the exit off of Schertz Parkway, and at this time no decision has been reached as to the placement of the emergency exit. Ken Greenwald stated that City Council did not want the entrance to the subdivision off of Schertz Parkway, and believed there was no problem with the emergency exit. Steve Simonson agreed with Mr. Greenwald statement, however to clarify this issue the minutes of the City Council meeting will be reviewed. David Richmond questioned if the street names have been approved with the Post Office? Paul Denham stated that the names are in the approval process with the Post Office at this time. A motion was made by Keith Van Dine seconded by Gary Wallace to approve the request from Continental Homes of Texas, L.P. for Preliminary Plat Approval of Carolina 8 e e . Crossing Unit 6 with items corrected. With a vote being called, the motion was approved. #9 General Discussion: Tony Moreno: Tony commented that he would like to see the Commission continue with the Comprehensive Plan, and continue on the path of annexation recommendations to the City Council. Tony mentioned that Cibolo is continuing their Main Street to connect with Wiederstein Road. Tony indicated that Cibolo wants to keep their development low density, however, when you look around at the development in the area it seems more high density. Cibolo plans for a two-road thoroughfare, which will likely have to be expanded to a four-lane thoroughfare, which would feed into FM11 03 and FM 3009. Tony stated . that he would like to see the City (Council or Commissioners) plan a meeting with Cibolo to interact and seek a common way and direction. Keith Van Dine: Keith mentioned there is a lot of development out in his area, before long it won't be the frontier. Joyce Briscoe: Joyce had no comments. Gary Wallace: Gary had no comments. Georae Maxfield: George had no comments. . 9 e e . Ken Greenwald: Ken reported that the "Spring clean-up" in well underway. During this time there is no charge for articles taken to the dump site or curb pickup. The Schertz/ Seguin Water Corporation met last week. The monies for such a project will come from a bond issue. One item discussed with smaller companies in the area was what amount of water was anticipated in order to plan the size of water lines appropriately. David Richmond: David had no comments. Steve Simonson: Steve reported on this meeting with Dan Sefko, on updating the City's Comprehensive Plan. There were several items that were discussed. . 1 . Major areas for land plan (greenbelts, parks, etc.) 2. Taking a look at the Road Plan. On other smaller issues there was some discussion, however, on the major issues, there was discussion with Mr. Sefko asking him to provide a letter with his proposals. Thus giving the Commission an opportunity to discuss among themselves, if the Commission would want to go forward. Money would be an issue to consider. Mr. Sefko will be available to discuss these issues when the Commission is ready to do so. Mr. Simonson indicated that the cost well exceeds the amount set aside by City Council to cover costs. This will be one of the areas of discussion. Mr. Sefko has provided an outline of different areas proposed for the Comprehensive Plan. Steve stated that this outline would be provided as part of the Commissioners packet at the next meeting. He indicated that he would like for the Commissioners to look over and decide to delete some of the issues covered in the outline. In doing so, this would decrease the cost. . 10 . . . - e Steve Simonson reported that there is some interest shown on the Besch property again. Steve also mentioned that city staff is working on reporting and adding new addresses to the Census information for the year 2000. #10 Adjournment: David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion. The meeting adjourned at 8:15 p.m. o /) (, i G1...:1~JF- C0L.- 1,'-, ;'? Chairman, Planning & Zonin~ Commission ATTEST: Planning Secretary, City of Schertz 11