Loading...
06-11-1996 . . . e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, June 11, 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 Scott Holland, 3205 Dusty Crossing Cliff Johnson, 6840 FM 1518 Bruce Ireland, 2826 Bent Tree # 1 CALL TO ORDER Chairwoman Pia Jarman called the June 11, 1996 regular meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: 1. Special Session, Public Hearing, and Regular Session, May 14, 1996. 2. Regular Session May 23, 1996. Denise Granger stated there is a typographical error on page 15 of the May 14, 1996 minutes fourth paragraph the word inspections should be inspectors. Denise Granger stated on the agenda item #6 should be 2826 Bent Tree. David Richmond stated on page 5 of the May 14, 1996 minutes there is a typographical error on the sixth paragraph the name Rubstein should be Rubenstein. Merwin Willman moved to approve the May 14, 1996 and May 28, 1996 . . . e e Minutes as corrected. Ernie Evans seconded the motion which carried with a unanimous vote. 13 STATUS OF FINAL PLATS: Chairwoman Pia Jarman stated at this time no plats have been signed. 14 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Marvin Holland 3205 Dusty Crossing Special Exception to the Zoning Ordinance for a Rear Yard Setback. (BOA #73-96) Steve Simonson stated this is a request for a four (4) foot variance to the twenty (20) foot building setback to allow sixteen (16) feet rear yard building setback to put a cover on the patio. This request does not involve any easements. Ernie Evans asked if there are no rear yard utilities? Simonson agreed to there being no rear yard utilities. Steve Pia Jarman mentioned this request would be a Board of Adjustment action. Pia Jarman asked if the patio was already in place. Steve Simonson stated the cement slab is in place. They are wanting to put a cover over the existing slab. This is now going to be attached to the house so there has to be a variance. Gary Wallace moved to forward to the BOA the request submitted by Marvin Holland, 3205 Dusty Crossing for a Special Exception to the Zoning Ordinance for a rear yard setback with the Commission's approval. Tony Moreno seconded the motion which carried with a unanimous vote. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Bruce Ireland, 2826 Bent Tree Drive, Special Exception to the Zoning Ordinance for a Rear Yard Setback. (BOA #74-96) Steve Simonson stated this is a request for a pool to be placed closer to the house than the ten (10) foot building setback that is allowed for accessory buildings. The actual distance from the closest point of the house would be 3'6". Ernie Evans asked what the difference is between the 3'6" and ten (10) foot shown on the map. Is this just the 3'6" by house. Gary Wallace stated it is the 3'6" by the house only. the the Steve Simonson stated at the edge of the house as an accessory -2- e e . building it has to be ten (10) feet away. Gary Wallace moved to forward to BOA with the Commission's approval the request submitted by Bruce Ireland, 2826 Bent Tree Drive for the Special Exception to the Zoning Ordinance for a rear yard setback. Tony Moreno seconded the motion which carried with a unanimous vote. 17 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Cliff Johnson, to rezone 30 Acres from RA (Residential/Agriculture) to MH (Mobile Home Subdivision). (ZC #134-96) Steve Simonson stated one of the first things that was discussed in this situation was the availability of water. This is at the end of a six (6) inch water main at FM 1518. Mr. Johnson and his associates have discussed this matter with John Bierschwale, Director of Public Works. At this time the Public Works Director has advised for what Mr. Johnson is proposing here, the water system could carry it, but Mr. Johnson would still have to build a proper size water line in there because we are projected to have the big mains down in that area within the next three (3) to four (4) years. . Steve Simonson stated with the advancing twelve (12) inch mains that are down there with the six (6) inch lines they are better loaded with the tanks that are on Ware Seguin. The lines are not as stressed. The proposal by Mr. Johnson, who does own all of the property, which is 30 acres approximately 362'+ wide and 12,000' long, involves three (3) pieces of very narrow property. Ernie Evans asked what is the proposal for the street access? Will this be a center street built right onto the center of the property with lots being on either side? Cliff Johnson stated "yes" the lots will be on either side with the street being asphalt with a rollover curb, with accessibility surrounding the entire acreage. In case there was a fire, all the appropriate entities will have accessibility. Merwin Willman stated there are requirements set up in the mobile home ordinance and has Mr. Johnson been so advised. Steve Simonson stated that "yes" Mr. Johnson has been so advised of the ordinance. If this is to go forward the fire department will have to be consulted on their requirements, the water lines, fire hydrants and the accessibility of at least a second way out of the subdivision. What Mr. Johnson is proposing would be in violation of our ordinance as far as the long deep cul-de-sac is concerned. However, he would have parallel roads on the outside of the property for accessibility in and out in case of an emergency. . Gary Wallace asked what is at the west end of the property? Steve Simonson stated this is just some deep property which is all farm -3- e e . land. There are some mobile homes in the area. Surrounding the property there is very little around it. Ernie Evans asked if the subdivision lot sizes would be 55 X 120? Steve Simonson stated they would be lots of about 1/2 acre. These are being sold as individual lots with a septic system. Because of the state requirements the lots have to be sold by 1/2 acre. Merwin Willman stated on the petition from it states in item #1 e, certain items that need to accompany the request; legal description of land, of which there is no copy in our packet. The zoning classification of all abutting land, is not available. Also the names and addresses of landowners of all land within the area to be changed by the proposed amendment, and abutting landowners within 200' is not attached. All of these items should accompany this petition, unless it was left out of his (Mr. Willman's) packet. The other Commissioners advised they also did not receive this information. Tony Moreno asked if an individual or developer goes through the same process. Steve Simonson stated that anyone wanting to rezone has a copy of the petition to fill out. Pia Jarman asked what the property along IH 10 is zoned. Steve . Simonson stated this is commercial property. Keith Van Dine asked what the requirements are for mobile home space. Merwin Willman stated they have to be 1/2 acre lots because they will be on a septic system and this is a mobile home subdivision not a park and there is a difference. In a park the lots are rented and a subdivision the individuals own the lots. Gary Wallace stated he is at a loss how things that Merwin pointed out affect the issue as we address it. The landowners and things of this nature will have to be notified but does this affect the issue as we are addressing it. Steve Simonson stated if you have an area that you cannot describe the ordinance calls for it. In this case this is a known area these are off the tax maps. The names of the landowners are available, the area surrounding this property is all the same RA (Residential/ Agriculture). The only thing missing is the names. This is the tax map that you are reviewing. The metes and bounds will come when it goes before a public hearing and someone would have to provide this information. . Gary Wallace reiterated what you are saying, Steve, the items that are missing are not critical at present. Steve case Simonson stated normally these items are available. In this there is the tax map which can pin point the property and it -4- . . . e e is all zoned exactly the same surrounding the property. Mr. Johnson is advised on what information will need to be available for the public hearings as this request tonight is only for a recommendation for public hearings. Pia Jarman stated in going to City Council will the metes and bounds have to be available. Steve Simonson stated "yes" with either the Planning and Zoning public hearing or the City Council public hearing all the information will have to be available. Gary Wallace moved to forward to City Council with recommendation for approval to schedule public hearings for the request submitted by Cliff Johnson to rezone 30 acres from RA (Residential/Agriculture) to MH (Mobile Home Subdivision). Keith Van Dine seconded the motion which carried as follows: AYES: Pia Jarman, David Richmond, Ernie Evans, Gary Wallace, Keith Van Dine, Tony Moreno. NAYS: Merwin Willman. Merwin Willman stated the reason he is against forwarding the request for rezoning is, it does not comply with our ordinance. The ordinance requires certain documents to be submitted with the petition for request. #8 CONSIDER AND DISCUSS: Gated Community Pia Jarman stated Merwin is always very thorough. He has once again provided the Commission with a very informative document and on behalf of the Commission she thanked him very much. Pia Jarman commented when insuring the lot size will be compatible with existing subdivisions, it is recommended that all secured gated communities be zoned R-6. The two gated communities that are already established i.e. Roy Richards, Harbroth are on lots much bigger than R-6. Merwin Willman stated they will be grand fathered when this goes into effect. It could be greater than R-6 or a minimum R-6. Gary Wallace asked if someone wanted to do another Roy Richard type subdivision would they have to come in for a variance. Pia Jarman stated we are not talking about the existing small gated communities we are addressing the future development of gated communities. Steve Simonson stated with this proposal you are saying anything under 150 acres will not be allowed. Pia Jarman stated this is what we are talking about 150, 100, whatever the Commission feels is appropriate. -5- . . . e e Tony Moreno stated once we say we don't want anything less than 100 to 150 acres we are precluding smaller developers. The only thing that could come in would be the larger developers. Merwin Willman stated we are only addressing the small gated community. Pia Jarman stated the developer could still do a small subdivision but not gated. David Richmond commented that in the last two meetings we have had requests for a small gated community and this is what this is about. Ernie Evans mentioned we are trying to stop developers stuffing x number of lots inside an area because it started much smaller than what we wound up with and every meeting they to get smaller and smaller. from out seem Tony Moreno stated this is why they were asking for a variance and this is why we have the UDC for the size. The Commission does not have to automatically approve the gated communities for a variance. Pia Jarman stated we are not just discussing the variance we are talking about the idea of having a limit on the size in acres that will be allowed. If you are to look at the map of the City, do we want with looking at the size of the City, a whole lot of small walled communities within the bigger community? In a place like San Antonio, or a big, big town those things may not matter as much. Here the whole ambiance is that it is open and that it has lots of green areas and that it has a small town flavor. This is why people find Schertz so attractive. When it is crammed full with small walled communites we will change. Obviously, it won't be the small town, with a small town atmosphere. As a philosophic matter if you agree or disagree. This is what this is all about. Merwin Willman stated that the 150 acres was a number to work with if the Commission wants smaller or larger we can decide. Gary Wallace commented that the small gated communities doesn't look necessarily bad. Pia Jarman stated it isn't necessarily bad but what we are saying it will change the looks and the feeling that we have as a small town. This is a possibility as we have had three (3) requests so far for gated communities. This is a selling point not just a security idea. Merwin Willman stated even though developers are saying this is a selling point for security reasons but looking at our City and how we are developing we seem to be developing fairly well without the gated communities. -6- e e . Keith Van Dine mentioned the gentleman that was in here (Mr. Lancaster) wanting to put in a gated community was willing to give up the gate for other concessions so to speak. The gate will not hold up development if the developer wants to build. Merwin Willman commented a gated community is a special kind of development it is a little development by itself with a fence around it. This would be like a mobile home subdivision which also has a restriction on the number of acres. This is the same thing a special type of district that we do not want allover the place. We want to control them and have them in certain areas if necessary. Ernie Evans stated the gated community needs to be seriously looked at. Because the greater the numbers if we allow smaller developments, then obviously you tend to potentially have a larger number of them with the larger number of them because they are smaller also perhaps extend the risk to the City. This is one of the things we debated on with Steve going to the lawyer about to put in the protection to the UDC for the streets for us to maintain. They have been private property that we inherited. In the current ordinances there is not sufficient documentation to cover the kinds of things that we have discussed in the last two (2) years about the gated communities coming in and what could happen to them. In looking at what Merwin has written and what is in the current UDC in terms Merwin is revising the existing document. . Steve Simonson stated the 150 acres seems to be too much. If you were to allow 4 units per acre as a ball park figure 4 X 50 is 200. In going to maybe 70 or 75 acres they still have latitude in drainage, greenbelt, other things and still have a viability of 150 to 200 homes. Steve Simonson mentioned he has received calls from the developer and Prestige Homes on wanting to buy more land for Berry Creek to add to the existing property. Keith Van Dine commented even if we were to use the 75 acres for a gated community that doesn't say that someone can't put a development on 15 acres and put up a wall. The idea of the gated community with a wall is they can still have a wall without a gate. Keith stated he does not care for the walls, it feels like you are going through a tunnel. Merwin Willman commented what is important is what is best for the City as far as health and welfare of its citizens are concerned. Tony Moreno commented on the gated community, just on the way we are approaching, it is as if a gated community is really not secure. Instead of using secured why not use limited access. . Pia Jarman advised because all through the context it is referred to as secured. Merwin Willman stated it is a common word usage. -7- e e . Steve Simonson stated anywhere from 70 to 80 acres in this range. This allows you the amount of property and gives the developers who want to bring something in that is not so huge that it can't be handled. After the discussion the Commission was in agreement to amend the ordinance to a minimum of 75 acres, rezoned minimum R-6, 2 exit/entrances, and surrounded by a masonry or wrought iron fence. This will need to go to City Council on an emergency situation to be handled immediately and to set up a moratorium of 60 - 90 days on requests for gated communities. #9 GENERAL DISCUSSION: Tony Moreno: Tony Moreno stated on the gated community his feeling is that we are getting into micro-managing which means when the Commission gets in too deep in telling the developers what they can do. There seems like there is no alternative. In other states there have been law suits on this. Merwin Willman commented he felt this comes under safety, health and welfare of the community. . Keith Van Dine stated if someone were to come in with a good plan and location the 75 acres is a guideline to follow. We can look at any request. Councilman Ken Greenwald stated if it came to a law suit it could be defended based on the monetary consideration that have been looked at. The decision was based on the number of homes to support a Homeowners Association. Keith Van Dine: Keith Van Dine stated he had no comments. Gary Wallace: Gary Wallace stated he had no comments. Ernie Evans: Ernie Evans thanked Steve Simonson for the tour. It was very good and he really enjoyed it. It was nice to see other folks and to get with them and hear their comments and opinions. Merwin Willman: . Merwin for the If the Willman stated being the Planning BOA, due to health reasons, he is Commission could please appoint -8- and Zoning representative going to have to resign. another Commissioner to e e . attend the meetings. They meet on Monday nights. Pia Jarman asked who has Monday nights free when the BOA has to meet. Ernie Evans volunteered to be the representative for the Planning and Zoning Commission. Merwin Willman stated the tapes for the May 14th meeting need to be kept until the issue with Mr. resolved. and May 28th Lancaster is Merwin Willman stated on the request for the rezoning that was on the agenda this evening. The reason he brought up the issue on documents not presented is, the documents are supposed to come with the petition. If we aren't going to stick to the ordinance and hold to it then we need to change the ordinance. If there is no need for such documents then why should we require them. They should be removed from the check list so as not to interfere with what is required. . Steve Simonson stated the documents that Mr. Willman is referring to he would like to leave in there as they are needed for a public hearing and they are legal documents. There are some cases for your initial evaluation the documents are not necessary, as long as you know where the property is and is this something you would like to go for a public hearing. The public hearing is where the decisions are made. This was a case where the computers were down and Mr. Johnson had been in contact for a long time and we took a chance to bring it before the Commission in this condition. Gary Wallace stated he is in agreement with Merwin Willman, even though during the discussion he asked if the documents were really needed he thinks this is a staff function and this should not come before the Commission until it is done by the staff. If Steve is going to send things like this forward to the Commission then there needs to be a note to the effect. The staff work should not be done at the meetings. Pia Jarman interpreted what Gary Wallace meant is that it should so state that this will all be in order for the public hearing but for purposes of what the Commission was doing tonight this has been waived. Gary agreed, but also stated he felt he was crossing purposes with Merwin on that particular issue and we should not have to do this with people (the public) present. Tony Moreno agreed this is one thing that also crossed his At the time that he also asked about the documents, it made for Steve for whatever reason and it could get passed. mind. sense . Merwin Willman stated one of the reasons for a lot of the information is for new members that may not know, this needs to be furnished. This was also put in to see if the petitioner is really serious to have this rezoned, the person will go and do the work that is required. Also with all the new subdivisions if the name of the subdivision could be put on the request it would be helpful. -9- . . . e e Pia Jarman advised Steve Simonson the gist of what Commissioners feel is rather than have a confrontation with individuals who come in, if all the staff work is done ahead time things would go a lot smoother. This is what Pia thinks is hearing, to which the Commissioners agreed. It won't look the Commission being the bad guys sitting there in judgement. the the of she like David Richmond: David Richmond mentioned the sign at Woody's is still in place. Steve Simonson stated that he has sent a letter with a copy passed out this evening for the Commission. The first letter that was sent was not answered. According to the ordinance it says the sign has to be damaged or abandoned before anything can be done. The sign at this time is neither. The owners own the property and the sign they have been asked to conform and bring the sign into conformance. David Richmond stated there is some concern among the residents of Royal Oaks, and also there will be some concern among the residents of Greenshire once they find out what is going on. Apparently the Greenshire developer and the school board have reached an agreement on the sale of 10 acres of property in the back of Greenshire abutting Green Valley Loop, Royal Oaks and Woodland Oaks Drive. This is to position the second middle school. There at this time has been some clearing of land such as being freshly mowed. There are stakes in the area which indicates there has been some surveying being done. Access to this area has been derived by some contractors by Green Valley Loop which is not a very heavily traveled and is not designed to be a heavily traveled road. As people witnessed this going there was an immediate uproar as to what is going on and what is going in there. As we were trying to get word back today to some of the people that he thought would be here tonight just to ask questions, the obvious people to ask, of course, is the school board, not Planning and Zoning. We in P & Z at this time haven't even received anything from a developer, school board whatever to try and do anything there. We have had previous discussion as Steve has kept us up to date. The only problem is the road situation. The need for Cibolo to put a boulevard type road in from Deer Creek and on through. This is surfacing and as Steve has mentioned a Specific Use Permit is forthcoming. As a personal opinion this will be a very interesting use for the property. At the beginning he felt this was not a good idea but on the other hand as a nearby resident one of the major concerns he thinks that we had when we were looking at the whole Greenshire potential development he is sure the developer had is that the whole big field back there which used to be farm land and was totally skinned off with no trees at all. This of course doesn't really lend itself to marketing nice homes. With only being able to go in there with smaller spec homes putting a school in this area will probably turn out to be a very good use for the land. This is unfortunate for the Royal Oaks residents as there could be a fence line adjacent to the road or right in front of the -10- e e . school. Ernie Evans asked Steve if they had settled that issue of the road. Steve Simonson stated at this time he does not know but when they come in they will have to address this issue. Steve Simonson stated the way a Special Use Permit Commission will receive the request to look recommendation to City Council but City Council is the single public hearing on the request. With a only use for that property. is at the SUP handled, the to make a one that has this is the Merwin Willman mentioned that the Council can restrictions to a SUP which makes it nice. add extra Steve Simonson stated the property does not touch Royal Oaks or Green Valley Loop. It has a 60' buffer which is the future 60' ROW for the road. The question is are they going to donate the 60' ROW to the City and expect the City to build a road in the future or are they going to build the road. The thinking of the developer right now is that they will give the property as they will only be losing 2 acres but they are not going to spend the money for the road. All of these questions will need to be asked to the school when they come in for the permit. All that will be coming before the Commission at the next meeting will be the zoning of the property not the site plan. . Pia Jarman: Pia Jarman referred to the ordinance, specifically the one that Merwin read three (3) times at the last meeting on time limitations. Looking at the one in the UDC the only thing that is different is the Planning and Zoning has been left out. The question was what is meant by "reclassification". It still reads the same so we are not sure what the meaning of the word is. Steve Simonson stated what the lawyer said was basically the same as he told the Commission. What you are saying it doesn't matter what I want to do with my property you killed me for twelve (12) months if you say I can't do this no matter what else I may want to do with it. No matter what you say or like, I am still dead for twelve (12) months. The lawyer advised we could be in trouble over this and get sued. At this point the Commission has left themselves open because you advised the petitioner if he were to come back with something else you would reconsider. Pia Jarman stated if the Commission is having problems understanding this then it should be clarified in the UDC so no one has to go through what we are going through. Steve Simonson stated he has asked Mike Spain to look at the new UDC and to give us a suggestion for a rewrite. This question was specifically asked to the lawyer because of the situation with Mike Lancaster. . Merwin Willman asked Pia to wait and see what the lawyer comes up -11- . e . with and then just change the wording as need be. Councilman Ken Greenwald: Councilman Ken Greenwald thanked everyone who had taken the tour. It was very interesting there was some new territory from a different angle. The people that weren't there "you missed a good tour and a good lunch". Councilman Ken Greenwald reminded everyone not to forget the 4th of July which will run from the 3rd through the 7th. As far as the fire works there is not an area that is safe so if they are unable to set them off, November 11 when they do the Universal City Parade they will do the fire works. There is going to be a lot of entertainment and should be a good year. Coucnilman Ken Greenwald mentioned that Mr. Johnson has been at several BVYA openings he is an ex pro ball player from the 70's and is a very good model for kids and the kids like him. Steve Simonson: Steve Simonson asked the Commissioners who wanted to be on the Comprehensive Plan Committee and when would the best day be to meet. The Committee decided that June 20th at 7:00 p.m. would be the best time to meet. . Steve Simonson stated Joe Veytia's property at the corner of Schertz Parkway and Elbel has now run out of the sixth (6) month extension for the R-4 zoning for apartments. If the Commission is in agreement Mr. Veytia will be advised to attend the next meeting. The Commission agreed to have Mr. Veytia at the next meeting. 110 ADJOURNMENT: David Richmond moved to adjourn the meeting. Gary Wallace seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 9:00 p.m. The next regularly scheduled meeting is June 25, 1996. .r> < , - ~' Planning and Zoning Commission . ~TTEST: .~ . - "" '. ....::l)Cl"-'G<U >~/IOv ~y/(>~'/\ Planning Secretary v City of Schertz, Texas -12-