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03-26-1996 . . . e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, March 26, 1996 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF PIA JARMAN, CHAIRWOMAN DAVID RICHMOND, VICE-CHAIRMAN MERWIN WILLMAN, SECRETARY TONY MORENO KEITH VAN DINE ERNIE EVANS GARY WALLACE KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT Dan Kossl, Prestige Homes Don & Diane McCrary McCrary & Assoc. T.J. Cantwell, Prestige Homes Norman Schuetz, Schuetz Subdivision C.V. Uranga, The Village John Sheridan, DSI Randy Johnston, Alamo Engineers Floyd G. Dicus, 142 Clear Oak Walter Vestal, Vetal Steel Ron Shcrandt, Windy Meadows M.H.P. James Leonard, Buffington Homes Patrick Lackey, Windy Meadows M.H.P. David Kasper, Windy Meadows M.H.P. Jim Bagley, Windy Meadows M.H.P. Cindy Grace, Windy Meadows M.H.P. Tim Green, Windy Meadows M.H.P. . . . e e 11 CALL TO ORDER Chairwoman Pia Jarman called the March 26, 1996 regular meeting to order at 7:00 p.m. 12 APPROVAL OF MINUTES: Public Hearing and Regular Session March 12, 1996. Merwin Willman moved to approve the March 12, 1996 Public Hearing and Regular Session minutes. Ernie Evans seconded the motion which carried with a unanimous vote. 13 STATUS OF FINAL PLATS: Chairwoman Pia Jarman stated the final plat signed for March; Ashley Place Unit 2. 14 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. 15 CONSIDER AND TAKE APPROPRIATE ACTION: Request Sheridan DIS Distributing for Approval. (PC #261-96) from Site John Plan Steve Simonson stated this location is next to the building currently under construction, ITM. The notes on the two pages are clearly marked and they meet all the site plan ordinances. There is a proposed three dimensional drawing that was provided and it looks very nice. This is a great addition to the area. Pia Jarman commented on the dumpster being in the back and screened area and also the landscaping being very impressive. Merwin Willman questioned the monument sign being four to five feet in height. Steve Simonson agreed that the sign is approximately that height. Tony Moreno moved to approve the site plan submitted Sheridan DSI Distributing. Merwin Willman seconded the which carried with a unanimous vote. by John motion 16 CONSIDER AND TAKE APPROPRIATE ACTION: Vestal, Vestal Steel for (PC #262-96) Request from Walter Site Plan Approval. Steve Simonson stated this is at the entrance of the cul-de-sac on the left hand side on Pipe Stone which is next to Ecko Construction. Pia Jarman clarified that all signage would be on the building with no free standing sign. Steve Simonson stated that was correct. -2- . . . e e Merwin Willman moved to approve the site plan submitted by Vestal, Vestal Steel. Keith Van Dine seconded the motion carried with a unanimous vote. Walter which #7 CONSIDER AND TAKE APPROPRIATE ACTION: Request Uranga Properties for the Village. from C. V. (PC #259-96) A. Final Plat B. Site Plan A. Final Plat: Steve Simonson stated the corrections that were requested by the Commission are now corrected. The flood plain information and the adjacent land owners are identified also the 25' building set back. Tony Moreno moved to approve the final plat submitted Uranga, Uranga Properties for The Village. Gary Wallace the motion which carried with a unanimous vote. by C.V. seconded B. Site Plan: Steve Simonson stated this is the Department of Human Services Building. This particular site plan was taken off the construction plans with the addition of items 10 - 13 which were stated by Mr. Uranga. The only item that is missing is the dimensions of the building. The building will be approximately 65 X 65 feet, about 4,000 square feet. The sign and lighting will be controlled by the Federal Government regulations. Tony Moreno asked if the site plan was going to be approved contingent upon the changes on items 10 - 13? Steve Simonson stated items 10 - 13 were missing and added to the site plan. If the Commission accepts the site plan, the Commission can request for the dimensions to be on, so a correct site plan will be on file. The landscaping is very limited. Merwin Willman a correction Uranga stated of landscaping commented he is concerned about the landscaping with to the gas company being ENTEX and not CPS. Mr. that the Federal Government will tell them what type they will have to have. Tony Moreno moved to approve the site Uranga, Uranga Properties for The inclusion of the building dimensions. motion which carried as follows: plan request from C. V. Village, contingent upon Keith Van Dine seconded the AYES: Pia Jarman, David Richmond, Gary Wallace, Keith Van Dine, Tony Moreno. NAYS: Merwin Willman. ABSTENTION: Ernie Evans. -3- e e . 18 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Craig Hollmig, Schuetz Subdivision: Preliminary Plat (PC # 262-96) Steve Simonson stated this property is in the City's ETJ. There are several people that will be signing off on this plat; City, County, with several notes that will also be on. The second sheet has been submitted as some of the lots have been sold but Mr. Schuetz wants to sell the remaining lots. This is on Bunker Road with lots and names already on them. There are some lots that are unusable and other lots that will have quite a lot of space. This is not in the 100 year flood plain. This is zoned A-5. This is actually a shot of the ground to pinpoint where water could go with additional fill to make the lots useable. The engineers have been working together on this to show how the water will go. Everything will be tied into a power pole with a nail in a power pole which will be the tie points. Mr. Schuetz stated when they made the dam in 1981, they said they could lower the flood plain about four feet but the County has never done this. The dam is the largest in Comal County. It is one half mile long and ninety feet tall on the Comal Creek through the subdivision. . Ernie Evans questioned if the FEMA site is correct. Steve Simonson stated this not being one of the City of Schertz's FEMA map that, yes, this is correct from the information that was given to several phone calls questioning this. Steve Simonson stated on the agenda this item was requested as a preliminary. If there are no corrections, if the Commission is in agreement, could this request be the preliminary and final? Tony Moreno moved to approve the preliminary and final plat of the Schuetz Subdivision submitted by Craig Hollmig. Merwin Willman seconded the motion which carried with a unanimous vote. #9 CONSIDER AND TAKE APPROPRIATE ACTION: Request from McCrary, McCrary & Associates Final Plat Creek Subdivision Unit 1. (PC #260-96) Don Berry . Steve Simonson stated per the discussion at the last meeting and upon the Commissions request items 6, 7, and 8 have been added to the notes. On item 8 there is an agreement per our engineer and the developers' engineer on how this should be listed as an easement as this deals with private streets. Although the UDC is not finalized all the requirements in the UDC on gated communities is being followed. The three items constitute the agreement between the HOA and the City for maintenance in case of failure of the HOA; a budget that is approved at time of the final plat; and a copy of the HOA. At this time we have a preliminary copy for the Berry Creek Gated Community. As this is the first one we are very happy with the information that has been submitted by Denton Communities in following the UDC. All the information that is -4- e e . required will be finalized before the final plat is recorded. Mewin Willman commented he is in agreement with everything that Steve Simonson has mentioned but Merwin is still concerned if we are going to follow everything that is in the UDC for gated communities then the final plat for Berry Creek should not be approved until all documents that are required have been approved by the City attorney. If the Commission feels that we are far enough along to approve the final plat, this is fine, but Merwin does not feel this should be finalized. Tony Moreno commented that the developer seems to be working the City and the staff very closely on this matter; that documents will be correct before recordation. with all Merwin Willman mentioned in the UDC it states all documents will be finalized before final approval of the plat. This will be setting the precedent being this is the very first one. Pia Jarman commented that some time ago the Commission was in agreement on what would be on the final plat before approval. Steve Simonson stated the UDC is not an official document or a legal document at this time. The intent of what the Commission requested is what the developers are trying to follow with everyone working together on this. . Don McCrary commented that in the current ordinance they do meet the requirements. Prestige and Denton Homes have been more than willing to work with the City. It will be another four or five months before this plat is ready to be recorded. If there was a question by the City, the City would have the authority to not record this subdivision. It would be appreciated if this could be finalized so that construction can begin as it does meet all other requirements. Merwin Willman commented that some time ago he had suggested that some information be put into the ordinance on gated communities as everyone was concerned with gated communities. Because this is not in the current ordinance, Merwin is concerned that this not being a legal document something could happen and the developer would not have to comply. Steve Simonson commented that his feeling from the Commission was that things were far enough along to bring this before the Commission for approval. . David Richmond stated he is in agreement with Merwin completely. But David also feels this would be difficult to turn down based on a document that is not a legal document. The developer at this time does not have to meet any ordinances as we do not have any ordinances on secured communities that they have to follow. Until there is approval of the UDC this has to be treated just as it is. -5- e e . The Commission is in a position to rely on the good faith of developers that approach us and that are known to us, worked with us in the past. As Steve has mentioned, the developer worked very well with the City and City staff to adhere to sense of the Commission which is expressed in the draft of the the well has the UDC. Dan Kossl thanked Mr. Simonson for the very kind words. Dan Kossl stated the commitment to try and comply with the future UDC is what there are trying to do. In the preliminary plat hearing it was stated by Denton Homes that they have fifteen gated communities that are currently worked on. All the information that is in the future UDC is very well thought out and Denton Homes is very close in following these documents. Keith Van Dine stated that Steve mentioned that these people work with the City well and have complied with the UDC. Steve Simonson stated that is true and they have a draft on how they will incorporate a maintenance agreement into the HOA document that is probably a lot stronger than the other way around. The lawyers will together agree on how this should read to protect everyone. They have also provided a preliminary HOA document which clearly lays out the lots, number of years, with other pertinent information. This is the documentation on the street maintenance that is being worked out by the lawyers. All the information in the UDC has been gone over entirely by everyone. . Keith Van Subdivision Associates. follows: Dine moved to approve the final plat for Unit 1. submitted by Don McCrary, Gary Wallace seconded the motion which Berry Creek McCrary & carried as AYES: Pia Jarman, David Richmond, Tony Moreno, Keith Van Dine, Gary Wallace. NAYS: Merwin Willman. ABSTENTION: Ernie Evans. 110 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Ron Schrandt, Windy Meadows Phase II Master Plan. (PC #264-96) Pia Jarman stated the typical lot size plan of 42 X 100' mobile home is shown as a single wide. Then there is a typical lot plat 54 X 100, is this still for single wide? Steve Simonson stated that is for double wide. . Steve Simonson stated this is a very straight forward layout. There are several mistakes. It should read 42 X 100 and 54 X 100. The width of the drainage channel that is going to have to be placed is noted. This width is predicated on containing the water sheet flowing down on West Dietz Creek that will cross Maske Road and drop into the channel. Working closely with our engineers and their engineers we are working out how the water will drop into the channel across Maske Road, also on the preliminary discussions on -6- e e . phase III the upgrade of Maske Road to Schertz Parkway. This will bring Maske Road up to County standards with hopes of getting the road upgraded from FM 1518 to Schertz Parkway. The road that goes across the channel will not be a bridge, it will be a low water crossing the channel. There is an opening onto Maske Road in Phase III. There will be an emergency break away gate at the end of Oak Street fronting onto Maske Road. Ernie Evans asked Steve what the projection is for the start of construction on what can and can not be done on Maske Road. Steve Simonson stated because the traffic on Maske Road will be impacted, the plan is to try for finalization before phase III, to get Maske Road upgraded to carry traffic. There is a verbal agreement right now with the finalization being dealt with. From the west end of the property line to Schertz Parkway it will be rebuilt. The county is being talked to also to be part of the same contract do get the road done. Along Maske Road on the Master Plan the double line shows they are providing the City with an extra 15' of ROW. When this area is redone the road will be built as a county 24' double sealed road. Some day this road will have to be built wider and better. As the area becomes developed we are requesting everyone to provide additional ROW. This is the preliminary master plan with areas that will need to be corrected. . Tony Moreno moved to disapprove the Windy Meadows Master as submitted by Ron Schrandt. Gary Wallace seconded the motion which carried with a unanimous vote. 111 CONSIDER AND TAKE APPROPRIATE ACTION: Schrandt, Windy Meadows Plat. (PC #265-96) Request Phase II from Ron Preliminary Steve Simonson stated as pointed out in the master plan the 15' ROW, the names of the roads are indicated the property ROW. There are two sheets with the curve data information included. On the third sheet the information that will need to be removed is the county judge signature which is not required in the City of Schertz. The recordation information will have to be included. Ernie Evans asked about the flood plain information. Steve Simonson stated the flood plain information is not finalized that is why this is just a preliminary plat. This information is being worked on at this time. The information provided will be within at least a couple of feet in line with the engineering that was done previously with this channel which will go into the existing channel of Windy Meadows. Merwin Willman asked if the utilities would be in the street. Pat Lackey stated the the water would be in the front of the lots with the remaining utilities being in the rear of the lots. . Merwin Willman questioned if the streets would be private streets or public streets. Steve Simonson advised they would be private. Merwin Willman stated he is concerned about the statement on the -7- e e . last page signed by representative of Windy Meadows dedicating the streets as public. The way the statement reads it reads that the streets are public. Steve Simonson stated they are dedicating Oak Street proposed drainage ROW which will become part of the City. of the mobile home ordinance, all other streets are streets. If the Commission wishes this to be on the plat have to be so noted. and the As part private it would David Richmond mentioned if they would just reword the existing note to read all "streets excluding Oak Street as private streets." Pia Jarman mentioned the items that need to be corrected as mentioned are the county judge signature block to be removed, recordation information will need to be added, and on the third page the rewording of how the streets are to be dedicated. Tony Moreno moved to approve the preliminary plat submitted by Ron Schrandt, Windy Meadows Phase II with the corrections; delete the county judge signature block, add the signature blocks needed for recordation, change the wording in the notes "all streets" to "Oak Street", and typical lot layout with the utility easements. Keith Van Dine seconded the motion which carried with a unanimous vote. . 112 CONSIDER AND MAKE RECOMMENDATION: Request from Diana Gardner Buffington Homes ,Special Exception to Zoning Ordinance for a front yard setback. (BOA #75-96) Steve Simonson stated Buffington Homes did provide a site plan. There is a huge oak tree with this being the only good tree on the lot. This request for a variance will not appear to cause any problem with the line up of the homes on Mimosa as there will only be four houses on the street. James Leonard stated the tree is 30" in diameter. tree next to it of 24" in diameter. The house is which is not very deep so if the variance could be the tree assuming in the construction of the house lost. There is another only 41' deep granted to save the tree is not Tony Moreno exception to submitted by which carried moved to recommend to the BOA approval for a special the zoning ordinance for a front yard setback Buffington Homes. Keith Van Dine seconded the motion with a unanimous vote. 113 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Randy Burch, Burch Roofing to rezone .0354 acres from R-2 to R-3 on First Street and Church Street. (ZC #125-96) Tabled 3-12-96 . Pia Jarman stated this meeting until ownership this time the request was item was tabled at the of the property could be taken from the table. -8- March 12, determined. 1996 At e e . Ernie Evans asked Pia Jarman if the determined and it was not Mr. Burch. this being true. rightful owner Steve Simonson has been agreed to David Richmond moved to deny the request from Randy Burch, Burch Roofing to rezone .0354 acres from R-2 to R-3 on First Street and Church Street as Mr. Burch is not the owner of said property. Ernie Evans seconded the motion which carried with a unanimous vote. 114 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Floyd Dicus to rezone .0354 acres on First Street and Church Street from R-2 (Single Family Dwelling District) to R-3 (Two Family Dwelling District). (ZC #1296-96) Steve Simonson stated Mr. Dicus is the owner, information has been checked with the taxing entity and tax accessor. metes and bounds are correct for the property. The map that attached is also correct for this piece of property. There are empty lots on the downside of First Street. which The is two Ernie Evans questioned Mr. building on this lot. Dicus on what he is planning on . Mr. Dicus informed the Commission he would be building a brand new duplex for relatives to reside in. Mr. Dicus had preliminary floor plans for anyone to view. Mr. Dicus stated about two or three years ago this property was up for sale. Mr. Burch at the time asked Mr. Dicus for the legal description of the property which Mr. Dicus gave him. Mr. Burch wanted to move some duplexes onto this property from another location. In the meantime Mr. Dicus' mother wanted to retire in this area, so Mr. Dicus removed the property from the market. Mr. Burch at the time was trying to get this property rezoned before he bought the property. Merwin Willman moved to recommend to City Council for public hearings the request from Floyd Dicus to rezone .0354 acres from First Street and Church from R-2 (Single Family Dwelling District) to R-3 (Two Family Dwelling District). Tony Moreno seconded the motion which carried with a unanimous vote. David Richmond thanked Mr. Dicus for having come to the Public Hearing to state the property in question was rightfully his. 115 CONSIDER AND DISCUSS: Schertz Parkway Future Development . Steve Simonson handed out copies of how Schertz Parkway could look in the future. There are two different shots of the conceptual area on what Schertz Parkway would look like. The green area on the top and bottom is the map that Mr. Willman had done previously. This map was used and overlayed with the width of the -9- . . . e e road. The dotted lines indicate the ROW for Schertz Parkway. The blue on the top of the sheet represents the existing curb. There is also a red dotted line that is the other side of the existing pavement. The curve is on side of the road which is built today, down to the dash red line which is the street. This is how it looks if you were to go up Schertz Parkway on the right hand side of the roadway. What is drawn is three fourteen foot driveways or three fourteen foot road lengths. There is a 12' green belt, a 8' hiking, biking, walking trail, and another 12' green belt which would comply with the 86' ROW of what the road has today. This is a much clearer picture of the existing curve and the existing pavement. The little mound or rise on the new side of the road would have low bushes. The blue dotted lines are the existing ROW of the road. Gary Wallace asked if the green belt would be left natural. Steve Simonson stated it would be left like it is today with once or twice a year mowing. Whatever is planted would be able to be left as natural and with some ROW mowing. Pia Jarman asked what the walking path would be made of. Steve Simonson stated this is open for discussion but would like it to be appealing, walkable and look nice. Merwin Willman mentioned for a walking path you would not want concrete maybe dirt or something of this nature. Steve Simonson stated being that this is a conceptual plan, in talking with the engineers, the way they are making tracks now-a-days they are a lot easier on the feet and to maintain also. With all the development taking place, there is going to be money coming into the Development Foundation and it members are the ones that control this road. Steve mentioned he is under the impression that the Commission does not want to see Schertz Parkway a five lane road. If something is to be get done, the sooner the better that everyone is in agreement on what to bring to the Development Foundation and to also get them to agree to get this going a lot sooner. In conjunction with this LCRA will be building a parallel major heavy duty power line adjacent to the existing CPS line of the existing substation on King in Live Oak Hills back to the substation in North Cliff. There has been talk with LCRA to take the existing 130 - 140' ROW that they are getting and incorporating them into hiking and biking paths crosscountry. LCRA has mentioned that if any grants are needed out of the park commission or other areas, the City will need an overall parks plan. To comply with this the Commission will need to have something in the Comprehensive Plan to this effect and to look at the whole scenario on how we want the City laid out as far as hiking, biking trails parks etc. Some information that has been thought out is to take East Live Oak to IH 35 to the main power lines where it is going to be expanding and go crosscountry to the east Dietz Creek drainage channel, and follow it down through the City park ROW in front of Oak Forest back to the area in Greenshire, to have a walking path and come back through Cibolo and our existing drainage channels in Dove Meadows all the way to Cibolo Creek nature trail that is being -10- e e . planned all the way from Boerne. There are many areas and lots of ideas to think about. When they come in to do the power lines they are going to have to cut off 20 to 40 acres of the Barshop property. There will be some nice things that can be done with parks and green spaces and still leave a buffer for the Deer Haven and other residents. At this point we can work on a green belt from Schertz Parkway to FM 3009. This will need to be an overall city plan that needs to be included in the Comprenhensive Plan. Merwin Willman mentioned with the few areas that are general business on Schertz Parkway it would be nice instead of rezoning in pieces make it all residential. It appears that Schertz Parkway will not have any general business, so zone it to the next best use of the land along Schertz Parkway. Ernie Evans commented he is all for this. He likes the design and it is on the east side of Schertz Parkway. Steve Simonson stated the west side of Schertz Parkway already is developed with the curves etc. With the east side being undeveloped this was a much easier plan. Steve Simonson stated if the Foundation can be convinced and agrees with the Commission, Steve believes the City Council will be in agreement also with this concept. With a weight limit on Schertz Parkway you can not have a five lane road with heavy traffic. . Steve Simonson stated if there is a consensus of the Commission Steve will talk with Mark Marquez and find a time and date for the two bodies to meet to discuss the Commission's concerns. Steve stated he will have an answer by the next meeting for the Commission. 116 GENERAL DISCUSSION: Tony Moreno: Tony Moreno stated he had no comments. Keith Van Dine: Keith Van Dine stated he had no comments. Gary Wallace: Gary Wallace stated he had no comments. Ernie Evans: Ernie Evans asked Woodland Oaks are out of the area. can be used for. what the white rocks in the detention pond behind for? Steve Simonson stated that was what was cut There is some discussion going on now on what it . -11- . . . e e Ernie Evans asked about the trees in the pond that are left on islands. Are these islands going to be contained in some way to keep them from washing away? Steve Simonson stated he is not sure. They are trying to save all the trees and the pond has been rebuilt since our last meeting because of some engineering concerns on the readings on the density. Merwin Willman: Merwin Willman asked how the memorial for Bob Andrews was coming along. Steve Simonson handed out the plaque for review that will be presented by the City Council in memory of Bob. Merwin Willman commented in the ordinance it is stated that the Planning and Zoning Commission approves street names. In the last couple of meetings there have been plats submitted with street names already on them. If the Commission does not approve street names then this should be eliminated from the ordinance. Merwin hates to see it deleted because this ordinance would prevent street names being duplicated, etc. Steve Simonson stated since more than several years ago the Office has had to approve street names. As far as street sounding alike the Commission can make a decision. Post names David Richmond: David Richmond stated he had no comments. Pia Jarman: Chairwoman Pia Jarman stated she had no comments. Councilman Ken Greenwald: Councilman Ken Greenwald stated he had no comments. Steve Simonson: Steve Simonson stated he has now been appointed on the MPO as the Transportation Committee. Steve was on the advisory board but now has moved up with more say on voting on money and future roads. 117 ADJOURNMENT: Keith Van Dine moved to adjourn the meeting. David Richmond seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 9:25 p.m. The next regularly scheduled meeting is April 9, 1996. -12- . . . e ATTEST: _~('--i--/f~" ~~/\ (1/n " {. // '- I' f. Planning SeiYretary ,/ City of Schertz, Texas /\ ~c/ e ~ J\1Iv,-Q/~ n, Planning and Zoning Commission -13-