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10-28-1997 . . . e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, Oct. 28, 1997 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 PIA JARMAN, SECRETARY GARY WALLACE TONY MORENO KEITH VAN DINE JOYCE BRISCOE KEN GREENWALD, COUNCILMAN, ex-oficio STEVE SIMONSON, ASST. CITY MANAGER MARY YBARRA, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT Sam Bledsoe, Barry Sanditen, MBC Engineers Horst Bremer, 13709 Topper Circle Clifford Johnson, Anita Russell, Country village Estates Randy Dym, OakTrail Invest. Corp. Richard J. Adams, 4305 Spanish Oak Greg San Marco, Jim Bray, Don McCrary & Assoc. Mike Lancaster, Bart Swider, Lancaster Development Linda B. Smith, 3528 Piedmont Place David Dentino, 3224 Prichard Place Les Zipp, 300 Landa, New Braunfels, Texas Kermit Harborth, 1204 FM 78, Schertz II CALL TO ORDER: Chairman Evans called the October 28, 1997 regular meeting to order at 7:00 p.m. -1- . . . e e #2 APPROVAL OF MINUTES: Chairman Evans stated the minutes of the regular session of October 14, 1997 were not published and will be brought before the Commissioners at the next Planning and Zoning meeting. #3 STATUS OF FINAL PLATS: There were none to report. #4 STATUS OF BOA ACTIONS: Pia Jarman stated there were no actions to report at this time and the next scheduled meeting is Nov. 17, 1997. 15 Citizens' Input Other Than Agenda Items: There were none. 16 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Lancaster Development Company to rezone 40.66 acres more or less of Kermit G. Harborth Property bounded by FM 3009 and Green Valley Road from R-1 to R-6 Gated. (ZC #147-97) Steve Simonson stated the request is for two variances that do not meet the UDC requirements: one, the area does not have the required 75 acres, second is not to build the masonry fence. The metes and bounds and basic plan is included. The property backs up to Oak Forest and would have a gate at Green Valley and Rolling Oaks if the property would be a gated community. It surrounds the two large lots on two sides. The west side of the two large lots are 50' right of way which is a private driveway. This driveway is a semi-buffer to this type of development. Pia Jarman stated that on the 140 lots, it shows the 60' what is the depth? Steve Simonson stated the zoning is makes the depth 120'. frontage R-6 and Gary Wallace stated that looking at the map in the R-1 zoning within Schertz there is not a whole lot left and when you cut down lot sizes from 9,000 and below you also force the elimination of more trees. This is one of the last wooded areas in Schertz. Ernie Evans asked "Is the 50' private easement designated as a future street and is it the same entry way that exits to the Oak Manor area?" Steve Simonson stated yes and it is not a future street, it was laid out as 50' in case they would have wanted it but it's a private easement. -2- e e . David Richmond stated he has the same reservations as Gary Wallace and is very reluctant to approve a variance for another small gated community that doesn't meet the UDC requirements. We need to be mindful of the total residential make-up of the city and of previous discussions and the UDC, of what the Commission is trying to achieve. Ernie Evans masonry fence in the past this issue. issue. stated there are two variances: acreage and the issue. There has been many discussions on this issue and he would not be inclined to grant a variance on The Commission has worked very hard to maintain this Pia Jarman stated that when the first two gated communities were approved in Schertz the regulation or ordinance on gated commutnites did not exist, this is why the gated communities were granted certain things. Since then the City Council has adopted the UDC in September of 1996. The UDC has specific requirements on gated communities. Tony Moreno asked Mr. Lancaster to give the Commission an insight in the future plans. Mr. Mike Lancaster stated he would like to retrack and remove the variance request for the gate and acreage and not have a gated community. The reason for the request was to be competitive with the surrounding developers. Can the request be changed this evening? 4It Steve Simonson stated the agenda item could be amended with the Commission's approval. The request was made for R-6 gated and the agenda would have to be amended. Mr. Lancaster stated these then would be two separate issues: Zoning designation R-6, and two variances. Ernie Evans stated that basically this would be a non-gated issue. The Commission needs to make a decision to accept the proposal as a non gated issue and deal with the remaining issues as requested. Pia Jarman stated the Commission can make such an ammendment and vote and then vote on the other issues, however there is a problem, the way the agenda item is phrased. The request is from "Lancaster Development Company" as it states, but the actual petitioner is Dr. Kermit Harborth. Pia was not sure how to deal with the issue legally. The petitioner is one person because he is the owner and the one who can request the rezoning. Mr. Lancaster is someone else requesting the rezoning. Ernie Evans stated he agreed, but assumed Mr. Lancaster was acting as Dr. Harborth's agent and can make the request. Dr. Harborth concurred that Mr. Lancaster was acting as his agent. Gary Wallace term "gated". moved to amend item 6 on the agenda by deleting the Tony seconded the motion which carried as follows: . -3- e e Ayes: Ernie Evans, Pia Jarman, Joyce Briscoe, Gary Wallace, Keith Van Dine, Tony Moreno. . Opposed: David Richmond Mr. Lancaster explained the plans for the subdivision at length. The subdivision will be back 300' from the road leaving a greenbelt. Plans are for a community center with pool, cabana area and play area and xeriscaped area overlooking the creek bed. Channel work will be done to clean the creek area and possibly reduce the area of the flood plain giving more commercial frontage along FM 3009. There are two access points planned: at Fm 3009 and Green Valley Road. Lot sizes will vary throughout the subdivision in size and depth because of the different zoning. There is practically 35 acres out of the flood plain and 140 lots planned in this area. There are numerous hertiage oak trees over 30" in caliper and plans are to keep these trees in place. A 6' privacy fence will be erected around the perimeter of the property. If allowed a masonry fence along Green Valley will be put in to insure an appealing street xeriscape. Gary Mike cost these Wallace asked "would it be feasible leaving it zoned R-1?" Lancaster stated the cost of land is one thing, development is another and it would not be feasible to leave it R-1 for reasons. . David Richmond asked if a mixture of lots would be feasible. Mike Lancaster stated then "you would have a hodge-podge of lots". David Richmond cited as an example the Greenshire subdivision which deals with such a mixture of different size lots. He asked about the possibility of leaving the lots in/or close to the more wooded areas for larger homes; and allowing for similar lot sizes that abut large lots of established subdivisions; for example 80' by 120' along Green Valley Road and 80' by 120' along Oak Forest, still leaving a predominance of 60' by 120' lots. Mr. Lancaster said he understood David's point, that if he were a homeowner with an 80' lot, he might not like facing a 60' lot on the other side of the street. He said something like the mix could be worked out or increasing the average square footage of the lots from 7200 to something larger. Steve Simonson reiterated that 9600, 8400 and 7200 sq. ft. are the sizes of single family size lots. Ernie Evans stated this type of approach would help the development out because the road coming off Green Valley Road is very heavily treed and it would help salvage trees to have larger lots. Ernie Evans asked about the commercial corner at the front of the property "Will this not be used as buildable property?" Mike Lancaster stated no, they would not build in the 100 year flood plain. The property at the front will be kept by Dr. Harborth and used as commercial development in the future. . David Richmond stated that sometime in the future Green Valley Road -4- will be widened. ~re the two last lots intJlRed to be Mike Lancaster stated yes, but there is a 60' right of way. houses? . Joyce Briscoe asked for a point of clarification, the area that is going to be built up, is it the area between the greenbelt and flood line in order to give more commercial space? Mike Lancaster stated if the channelling is done, it would create more depth for commercial development. The greenbelt line will not be reduced. Dr. Kermit Harborth stated he has owned the property for 16 to 17 years and has not had many developers knocking at his door wanting to build R-1 residential property. The onwers of the 13 acres behind the property will be given an easement, dedication or the easement sold whichever can be worked out. Putting R-1 residential will not go. David Richmond asked "Is it because you don't think people will buy R-1 residential?" Dr. Harborth stated no, it's because of the cost of development. Ernie Evans asked if a tree survey had been done. Mike Lancaster assured the Commission that not any of the larger hertiage trees would be damaged. Ernie Evans asked about the landscape fees, the amount of trees that can be removed without permission. There is a requirement, trees of 8" caliper should not be removed. Gary Wallace stated that regardless of the details concerning this request, the property owner is requesting a zoning change, and the Commission owes him the next step which is a public hearing. 4It Tony Moreno stated the developer seems amiable in the concerns of Commission and agrees. Pia Jarman stated that if the Commission goes to the Public Hearing the Commission will be saying that the request is from R-1 to R-6, the idea being R-6 zoning. The Commission needs to inform the public of what is intended. Ernie Evans stated what if the zoning request was to be amended to read R-1 to R-6 with the lots at the flood plain/green area being R-2 lots of 8,400 sq. ft. and remove the gated request and the variances associated. David Richmond moved to amend the request from Lancaster Development Company to rezone approx. 40.66 acres of the Kermit G. Harborth property bounded by FM 3009 and Green Valley Road from R-1 to R-6; and to R-2 at the portion bounded by Oak Forest and South of Golden Oaks and recommended Public Hearings be scheduled. Tony Moreno seconded the motion which carried as follows: Ayes: David Richmond, Tony Moreno, Pia Jarman, Joyce Briscoe, Keith Van Dine, Gary Wallace, Opposed: Ernie Evans . Steve Simonson stated Planning and Zoning will schedule the Public Hearing for Nov. 25, 1997 and City Council for Dec. 2, 1997. -5- 17 CONSIDER Investment Subdivision (ZC #148-97) AND Corp. from TfIt APPROPRIATE ACTION: Req4tst from Oak Trail to rezone 43.128 acres behind the Oak Forest R-1, R-2 and R-5 to R-5 (Garden Home District). . Steve Simonson stated that the 8 acres directly behind Oak Forest Subdivision are not included in the request. The land in question is currently R-2 and it is bordered by R-5 that is already zoned as such, that goes out to Green Valley Road. David Richmond asked if the property goes back to the city limits. Randy Dym representing Oak Trail responded that the property does go back to the city limits. The different zoning would be for conforming and marketing purposes. Gary Wallace stated if the property goes to the city limits, is the developer aware of the City's Master Road Plan? Steve Simonson stated he wasn't sure and he didn't know that it is still a road. Pia Jarman asked on the outline map presented, which areas are R-1 and R-2 and what is the percentage of the total areas that are R-1 and R-2. It will be a quite a drop from 9,600 sq. ft. and 8,400 sq. ft. to 5,000 sq. ft. per lot and these are to be garden homes which will have zero lot lines. Randy Dym stated that the R-1 is approx. 30% to 40%, there is R-5 in place and the property abuts the R-5 area. The existing R-5 in rear of Oak Forest and the R-5 zoning to the south which is a 77 acre tract does not touch any of existing homes in Oak Forest, that are zoned R-l. The property lends itself to R-5 development. The topography is pretty flat and there is not a tree to be seen. . Ernie Evans asked "How do you propose to get in or out of the proposed development?" Randy Dym commented that would depend on the Commission's decision. Because they have under contract the 77 acres and if it can be converted to R-5, they will be able to isolate the 77 acres as a separate development or try to make it compatible. The plan is to egress on Green Valley Road. Ernie Evans stated he understands this is a long range plan but it puts extensive traffic on a road that is not capable of carrying it today. Steve Simonson stated he agreed, with the proposed density, Green Valley or Circle Oak is not designed for it. Randy Dym stated the plan is to use Crest Oak and that area has only one residence. David Richmond stated that Green Valley Road is in no position of taking a dumping of high density residential areas and there are no plans in the immediate future for the road. Gary Wallace stated this is why he is asking about the traffic plan. The connecting Weiderstein Road would be along the back of the R-5 and the proposed R-5 and the developer would be the one to put the street in at least for the area. . Randy Dym stated he was not aware of the City's traffic plans. -6- e e They had looked into tieing into Wiederstein Road and other tracts of land, but with the type of density it would be easier for the cost of lots. . Ernie Evans stated his concern for potential development that may come, is there an issue where we need to exercise the traffic analysis? Steve Simonson commented if the tract was part of another tract yes, but this tract by itself would not elicit such a study because the true density is not known. This would be an issue if it would involve the 77 acres, then the traffic impact analysis would be part of the development. Ernie Evans stated the proposed use of the property is incorrect, but the concern would be with the Master Road Plan on how to deal with the traffic. Pia Jarman stated because of the already existing traffic problem with FM 3009, traffic is a key issue. David Richmond stated that the proposed density of 500 or more homes would also add additional schools that would further complicate the City's road plan. David Richmond stated if the Commission approves the request as it is, would it be the intent to advise the public of the developer's plan to partner the separate R-5 section with the exisiting R-5 section and make it a whole community. Randy Dym stated that is a possibility, at the present there are several builders and what might happen is that one builder may deal with the 77 acres and the 43 acre tract go with a second builder. The master planning will be done together but they would be separate marketing situations. . David Richmond stated his concern would be to inform the public of the concerns the Commission has. Randy Dym stated he is aware of the concerns and it is a long term project that will take several years and all these things will need to be addressed. Pia Jarman asked if at this point Oak Trail is not ready for a Public Hearing what is the purpose of setting up the hearing. Randy Dym stated he could be ready for a zoning hearing but on the other items he could try to be prepared. Gary Wallace stated he is sure they will meet some opposition from the residents of the Oak Forest area. The decision of the Commission to a great extent would be influenced by what the citizens bring in. Randy wanted Ernie zoning Dym stated the request could wait for a later date. He to get a feel on what the Commission thought of the zoning. Evans stated he does not feel there is any problem with the issue. Ernie Evans asked Mr. Dym what his feeling would be on tableing the issue until a later date, so he could get together with city staff. Mr. Dym stated he did not have a problem and would find it very acceptable. . Keith Van Dine moved to table the request from Oak Trail Investment Corp. to rezone 43.128 acres behind the Oak Forest Subdivision -7- e e from R-l, R-2 and R-5 to R-5 until it can be staffed by the City and finalized. Gary Wallace seconded the motion which carried unanimously. . #8 CONSIDER AND TAKE APPROPRIATE ACTION: Request Johnson to rezone 31.030 acres on FM 1518 South in Estates from RA (Residential/Agricultural) to Home) . (ZC #149-97) from Clifford Country Village MH (Manufacture Steve Simonson stated this is a an additional 31.030 acres that Mr. Johnson wants to add to the existing zoning of his original 30 acres which is shown as block 4700 and 4600 at 15 acres each, originally rezoned for Manufactured Homes. The 31.030 acres labled Block 2400 is the request to be added to the existing zoning. The plan shows the acreage and shows he is not adding to the depth but to the width. Mr. Johnson had had several meetings with city staff, the plan in the packet is for site plan only, he has an additional plan to show the Commission which shows the layout of the area. Mr. Johnson gave an explanation of the master plan for the area and stated it will be more appealing than just looking at square boxes. . Steve Simonson stated that Mr. Johnson had been working with public works and staff on the various options for a sewer package. The plan has been presented to the Fire Chief and there is no problem. A larger water line will be needed for the area. A park issue has been discussed. All the requirements and issues have been discussed with Mr. Johnson and he is well aware of them. A letter from the owner will have to be brought, as Mr. Johnson does not own the property. Mr. Johnson is aware of the requirement and will comply with it. A 1/2 acre is the requirement for septic tank systems. Soil tests are also a requirement. Mr. Johnson has met all preliminary requirements. Anita Russell has been present at all the meetings and is the lender for the project. Ernie Evans stated the time frame for the zoning for the original 30 acres has been extended by City Council. What time frame is left on the extention? Ken Greenwald stated "another 30 days as of last Tuesday." Steve Simonson stated if the process is begun he feels will extend the zoning another 30 days. The Public Planning and Zoning will be on Nov. 25, 1997 and for on Dec. 2. 1997. City Council Hearing for City Council Ernie Evans stated the site plan provided is an example and is not the final site plan that is required. Steve Simonson commented that was correct. What the Commission would be approving at present would be the zoning issue only. . Pia Jarman moved that the Commission forward to City Council request from Clifford Johnson to rezone 31.030 acres on FM the 1518 -8- e e South in Country Village Estates from RA (Residential/Agriculture) to MH (Manufactured Home) and request that Public Hearings be scheduled. Keith Van Dine seconded the motion which carried unanimously. . #9 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Don McCrary & Associates for Preliminary Plat Approval of Gleeson Subdivision (Vestal Subdivision) (PC #346-97) Steve Simonson stated this is a lot that is not part of the original Vestal Subdivision. It is a separate lot that is cut out of the remaining portion of land that Mr. Vestal ownes. The right of way is labled, the easements are shown. The property owner is missing on Lot 1, Block 2. The flood plain information is correct. Ernie Evans stated that the line at the drainage easement of 5.2 acres, is it on the property line? Steve Simonson stated that it actually comes up into the area but does not touch the lot. That is the reason it is not shown. It does not affect the lot, the easement does cross the property line but does not affect the lot that is being platted. Pia Jarman pointed out that one signature block needs to be corrected to read "secretary". . Pia Jarman moved that this Commission approve the preliminary plat from Don McCrary & Associates for the Gleeson Subdivision with the proviso that all the corrections mentioned will be included in the final plat. Joyce Briscoe seconded the motion which carried unanimously. #10 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Servpro of N.E. San Antonio for Site Plan Approval of Servpro Facility on Commercial Place, Schertz Business Park. (PC #345-97) Steve Simonson stated that the letter passed out for the Commissioners' review shows the three items not shown on the site plan: the fencing, security light, and sign information. One item that is incorrect is the north arrow on the site plan. The plan shows the landscaping, handicap parking, dumpster and the building size information. Ernie Evans asked why the building is setback so close to the property line on the right side of the building. Mr. Bremer stated that it is to maximize the parking and access to the building. Ernie Evans asked what is the 54' on the left side of the property? Mr. Bremer commented it is potential future expansion. . Ernie and fire be a Evans stated a sidewalk comes down on FM 1518 on both sides stops at the end of City property and Public Works, and at the hydrant on the second lot. Steve Simonson stated there would sidewalk built. Mr. Bremer stated a sidewalk would be all -9- e e . around the property. Ernie Evans asked what is in the second flower bed in front of the building? Mr. Bremer stated Texas Sage and Live Oaks will be planted, it will be the same all around. Ernie Evans asked why will the property not be fenced? Mr. Bremer stated at this time it is a money factor. Gary Wallace asked if the site plan is what the inspectors from. Steve Simonson stated, "no", the inspectors work off building plans. work the Pia Jarman asked who landscaping is being inspectors were. is responsible for inspecting followed? Steve commented the that the building Gary Wallace asked if a site plan does not have all the information the Commission does not have to approve it. Ernie Evans responded this is correct. Mr. Bremer asked if the corrections could be made this evening. Ernie Evans stated it would be a difficult task and suggested all corrections be made in the final site plan. Gary Wallace moved to disapprove the request from Servpro of N.E. San Antonio for Site Plan Approval of Servpro Facility on Commercial Place, Schertz Business Park. Keith Van Dine seconded the motion which carried unanimously. . #ll CONSIDER AND Partners Ltd. for Subdivision Unit 2. TAKE APPROPRIATE ACTION: Preliminary Plat Approval (PC #347-97) Request from of Forest 3009 Ridge Steve Simonson stated the plat is missing "zoning" in the signature block. The required notes are listed, number of lots and the recreational lot is listed as Lot 2, Block 2 which is the original lot as in the Master Plan. Ernie Evans asked "Will the fence be continued on Forest Ridge Parkway?" Sam Bledsoe stated it will be continued on the east side of the Parkway with rock columns and wood spans in between on the west side of the road. The fence will continue in front of lots 38 and 39 all the way to the amenity of the complex. The parkways are planned to accomodate the city requirement to off-set the sidewalk. There are many trees and they are trying to work around them. Ernie Evans stated the street narrows down; and we will propose changes in the future as to what is up front as the road comes on out and joins at Weiderstein. Ernie Evans asked in the lots in the cul-de-sac what are the width at the front setback. A good example is Red Oak Pass: in looking at lots 68, 67 and 65, 30' frontages at the property line. What is the width at the setback? Sam Bledsoe stated the width is what is required for the lot. Ernie Evans requested that when this request comes for final, that the data for the cul-de-sac building setback be shown. . Pia Jarman stated the signature block does not show the "chairman". -10- e e Ernie Evans asked "Are you aware of the potential impact that LCRA may have on the Master Plan"? Mr. Barry Sandi ten is well aware and has been approached by LCRA and told their versions of what can be built. . Steve Simonson stated that LCRA was made aware of the problem with the alignment they show because of the committment with Forest Ridge. We will push to make the best deal we can with LCRA. Pia Jarman moved that this Commission approve the request from 3009 Partners Ltd. for Preliminary Plat Approval of Forest Ridge Subdivision, contingent on the inclusion of the items discussed. Tony Moreno seconded the motion which carried unanimously. 112 GENERAL DISCUSSION: Keith Van Dine: Had no comments. Tony Moreno: Had no comments. Garv Wallace: 4It Gary commented that finally Schertz has a nice restaurant in "Nathalie's". Please make it a point to visit so it will make a go of it. Gary commented on the decision City Council made in approving the Barshop sign that the Commission had disapproved. He did not understand the rationale on the Commission's decision and stated he felt the Commission lost credibility with the Council. Ernie Evans commented that the sign could not be seen and the Commission had created standards and where do we start the justification on the sign issue. We need to start somewhere. Jovce Briscoe: Joyce commented she is happy to be part of the Planning and Zoning Commission and is looking forward to be working with the Commission. Pia Jarman: . Pia would like to welcome Joyce Briscoe to the Commission. been a minority of one for many years and it is nice another woman on the Commission". "I have to have -11- e e Pia asked for clarification on Mr. Sweatt's letter on the sidewalk issue. . Ernie Evans commented that the developer will be responsible for the building of the sidewalk. Pia Jarman said the way it reads, the homeowner is also responsible in areas such as Greenshire, outside the walls where the developers have moved on. Steve Simonson commented that city staff would be responsible in letting the developers be aware of the city policy in the sidewalk issue as of the date of the letter. Pia mentioned the roster needed some additions and corrections. Pia asked Ken Greenwald what his position on the Commission is i.e. Is it to guide the Commission by informing it on Council policy or as liaison? Mr. Greenwald commented yes, to both. Pia said "In the Taco Cabana issue you expressed some displeasure on the Commission's decision to Ernie and me, after the meeting. You have expressed your position on matters before, why did you not speak up during the discussion or during general discussion?" Councilman Greenwald apologized and said that he would speak up in the future and that he would help in any capacity he could. Tony Moreno said "The Commission would be happy to hear your opinions and if the Commission is heading in the wrong direction we would like to know your opinions." . Ken Greenwald commented Taco Cabana should have been given some consideration, they are trying to cut down the number of signs. Pia commented "I also was surprised when at the Council meeting you were the one making the motion to approve." Mr. Greenwald said that it was his prerogative to do so. David Richmond: David commented on the new addition of the nice restaurant. Randolph Credit Union is open and is another good addition to the city. Ken Greenwald: Ken commented that the Council would be coming back to the Commission to discuss the entire drainage issue as soon as the engineers and Council can get together. We need to stop using the streets for drainage. Ernie Evans: . Ernie commented that Rayco has a construction development sign in the Schertz City Park in Ashley Place Unit 2. Ernie added if there any development on the sign on the bank property. The bank took out a tree that should not have been taken out. "It had some help from a bulldozier. I feel the bank needs to plant another tree or pay for another tree". He added that he and his family were witnesses to the tree accident incident. -12- . . . e e Ernie added in the order of the agenda items he feels that the citizen's requests should be first and requests from the developers last if at all possible. In certain circumstances it is understandable when it is not possible to have citizens request heard first. :fI: 13 ADJOURNMENT: David Richmond moved to adjourn the meeting. Pia Jarman seconded the motion which carried unanimously. The meeting adjourned at 9:55 p.m. Commission ATTEST: ..>:.>~-~./ t cretary, City of Schertz, Texas -13-