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09-22-1998 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened and conducted a Public Hearing on Tuesday, September 22, 1998, at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF Steve Simonson David Richmond, Vice-Chairman Asst. City Manager Joyce Briscoe Mary Ybarra Gary Wallace Planning Secretary Keith Van Dine Tony Moreno George Maxfield Ken Greenwald, Councilman, ex-officio Members Absent Others Present Ernie Evans (work related) J. W. Allen & Jim Allen, Castle Rock Development, Inc. Tim Pruski, Continental Homes, Inc. Randy Hendrickson, Stone Creek Mobile Home Park Elvria A. Hild, 705 Main St. Roman J. Kraft, 18691 III35 N. Jim Brian, 215 Samantha Dr. George & Alice Perez, 4500 Brush Creek Paul Denham, Continental Homes, Willie Peacock, 4508 Brush Creek Dr. Barry Sanditen, Forest Ridge Subd. Kevin Pollard, Forest Ridge Subd. 1 #1 Call To Order: David Richmond called the public hearing meeting to order at 7:05 p.m. David Richmond explained the procedures to be followed in the public hearing and thanked everyone for their concerned interest. David Richmond stated that pending the outcome of the meeting this evening, and recommendations to the City Council, the City Council will schedule their public hearings. He requested that anyone wishing to speak, to step up to the podium and state his or her name for the record. #2 Public Hearing: To receive citizen input for a request from Continental Homes of San Antonio, L.P. to rezone Tract 1, 26.9 acres-R-2 (Single Family Residential 70'x 120'lots) & 23.1 acres- GB (General Business) to Tract 1, R-6 (Single Family Residential 60'x120' lots)-Gated total 50 acres and Tract 2, 25.4 acres-R-2 & 7.8 acres GB to Tract 2, R-6-Gated total of 33.2 acres for Carolina Crossing Subdivision Units 6 -10. (ZC #159-98). David Richmond asked for staff input. Steve Simonson stated that the area proposed for rezoning is bounded by Ashley Place, Live Oak Hills, and is west of Schertz Parkway. Steve Simonson stated that in accordance with the City Ordinance, sixty-eight (68) letters were sent out to property owners within a 200' radius of the property. Of the letters sent out, one (1) was received in favor and two (2) letters were received opposed to the request. At this time, David Richmond asked that the Continental Homes (Carolina Crossing Subdivision) representative make his presentation. Paul Denham, engineer for the project (Carolina Crossing Subdivision) briefly described the layout of the proposed continuation of the Carolina Crossing Subdivision 6-10. Mr. Denham indicated that the proposed rezoning request would be contiguous, to lot sizes, and will match the adjacent property as shown. Mr. Denham feels that its a good use of the land, and it conforms to plans that have occurred with the existing units 1-6. 2 At this time, David Richmond opened the floor for citizen comments. Jim Brian, 215 Samantha Drive stated that he doesn't necessarily oppose Carolina Crossing building in the area. He is opposed to raping the land of its natural brush. Mr. Brian stated that the trees and brush help in absorbing traffic pollution from existing traffic on IH35. If trees and brush are removed the air quality in Schertz will be poor. Mr. Brain suggests that developers build on cleared land, and that the City require that developers plant 4 - (10' to 15') trees on every lot, which eventually would add brush land to keep our quality of air clean. With no further comments or questions, David Richmond closed the public hearing. #3 Public Hearing: To receive citizen input for a request from Stone Creek RV (Luzia Boehm), 18905 IH35 North to rezone property to allow manufactured homes to be placed within a portion of the RV Park. (ZC #158-98). David Richmond reiterated the public hearing procedures, and asked for staff input. Steve Simonson stated that in accordance with the City Ordinance six (6) letters were sent out to property owners within a 200' radius of the property. Of the letters sent out, none were returned in reply. Steve Simonson stated that this request is for the placement of manufactured homes in a portion of the park, north of the whole area of the park. At this time, David Richmond opened the floor for citizen comments. Mr. Kraft, 18691 IH 35 stated that he had not received a letter notifying him of the proposed request. He informed the Commission that his neighbor had received a letter and he wanted to know why he had not. Steve Simonson informed Mr. Kraft that if he had not received a letter, he probably is not within the 200' radius of the property. Property owners are obtained from the City's tax office, and if he, as a property owner, was omitted apologizes are offered. David Richmond asked if anyone from the Stone Creek RV is present. 3 Randy Hendrickson representing Stone Creek RV stated that the area proposed for the usage of the manufactured homes is approximately seven (7) acres, out of a total of 39.81 acres. This would allow manufactured homes to be added to the park, which would comply with City requirements. It would provide affordable housing in a nice environment, without a huge increase of traffic into the park. There would be a total of 9-13 manufactured homes in the park. If the request is approved it would add approximately 10 residents to the park, and the property, which is zoned commercial, will not be affected. A concerned citizen asked if the zoning would be changed to residential? Steve Simonson informed the citizens that the request is to allow a portion of the RV Park to be used for manufactured homes, and would not change the current zoning of which a depth of 750' is zoned "GB". Everything behind this area is zoned MH (Manufactured Home). Tony Moreno asked for a clarification on the number of lots that will be added to the park. He was advised that the map layout is showing (9) nine lots and, potentially the addition of three more lots along an existing strip of road that has some existing manufactured homes. Mr. Hendrickson stated that there are eight permanent mobile homes in the park and with the addition of the other lots, possibly 20 lots total. #4 Adjournment of Public Hearing: With no further discussion, David Richmond closed the Public Hearing at 7:25 p.m. The Schertz Planning & Zoning Commission will convene in a regular session, after the Public Hearing. The agenda is as follows: #5 Call To Order: David Richmond called the regular session meeting to order at 7:25 p.m. #6 Approval of Minutes: Public Hearing of August 25, 1998, and Regular session of September 8, 1998. 4 David Richmond asked for any corrections or additions to the minutes of September 8, 1998. Tony Moreno moved to approve the minutes of September 8, 1998, as written. Gary Wallace seconded the motion and the vote was as follows: Ayes: David Richmond, Tony Moreno, Gary Wallace, Keith Van Dine and George Maxfield. Abstained: Joyce Briscoe. Motion carried. David Richmond stated that the minutes of August 25, 1998, were tabled at the last meeting and a motion is needed to take the minutes offthe table. Tony Moreno moved to take the minutes of August 25, 1998, off the table for review and approval. Gary Wallace seconded the motion that carried unanimously. David Richmond asked for corrections or additions to the minutes of August 25, 1998. Tony Moreno moved to approve the minutes of August 25, 1998, as written. Keith Van Dine seconded the motion that carried unanimously. #7 Status of Final Plats: There was none. #8 BOA Actions: Joyce Briscoe reported that the Board of Adjustment had taken action and approval was granted on three items: Variance at 116 Webster Drive (patio cover), 1184 Berry Creek (deck), and the Centurion Mini Storage. There was considerable discussion on granting approval of the variance for Centurion Storage to utilize the back of building #8 as a zero lot line fence. There was concern over the removal of the trees. Approval was given after the residents were given two options; did they want the building as a fence line or have a space between the residential area 5 and the storage facility that would become a driveway for the storage area. The residents agreed that the rear of the building as a fence zero lot line is the best option. #9 Citizens' Input Other Than Agenda Items: There was none. #10 Consider AndLMake Recommendation: Request from Contpinental H~,omes of3S1an Antonio, ~enera~~us ness~ to "I'rac6t.91~a~rebs-~ 2 4Sile.~'a~ilSydRe~Sic~eg~ip11~0'xlots~~~Uat~d total'SOaacies ari~ ing a mi y e i en is x Tract 2, 25.4 acres-R-2 & 7.8 acres GB to Tract 2, R-6-Gated total of 33.2 acres for Carolina Crossing Subdivision Units 6 -10. (ZC #159-98). David Richmond asked for discussion or comments on the request from Continental Homes of San Antonio. With no further discussion, Tony Moreno moved to forward to the City Council recommending approval and to schedule public hearing, on the request from Continental Homes of San Antonio, L.P. to rezone Tract 1, 26.9 acres-R-2 (Single Family Residential 70'x 120'lots) & 23.1 acres- GB (General Business) to Tract 1, R-6 (Single Family Residential 60'x120' lots)-Gated total 50 acres and Tract 2, 25.4 acres-R-2 & 7.8 acres GB to Tract 2, R-6-Gated total of 33.2 acres for Carolina Crossing Subdivision Units 6 -10. Gary Wallace seconded the motion that carried unanimously. #11 Consider And Make Recommendation: Request from Stone Creek RV (Luzia Boehm), 18905 IH35 North to rezone property to allow manufactured homes to be placed within a portion of the RV Park. (ZC #158-98). David Richmond asked for discussion or comments on the request from Stone Creek RV Park. Gary Wallace moved to forward to the City Council recommending approval and to schedule public hearing on the request from Stone Creek RV (Luzia Boehm), 18905 IH35 North to rezone 6 property to allow manufactured homes to be placed within a portion of the RV Park. Tony Moreno seconded the motion that carried unanimously. #12 Consider And Take Appropriate Action: Request from Castle Rock Development, Inc. for site plan approval of Centurion Storage (Mini Storage) FM3009/IH35. (PC #383-98) Tabled August 25, 1998. David Richmond stated that item #12 was tabled at the August 25, 1998, and a motion is needed to take the request off the table. Gary Wallace moved to take off the table the request from Castle Rock Development, Inc. for site plan approval of Centurion Storage FM3009/III35. Keith Van Dine seconded the motion that carried unanimously. David Richmond asked for staff input. Steve Simonson stated that the complete new site plan for the mini storage shows two driveways, (ingress, egress), the oiTice building moved, and the increased size of the north-side building which will be used as an authorized zero lot line building. Using the same stucco finish as proposed in building #8's back wall. Steve Simonson stated that the entire landscape plan has been modified. Jim Allen, representing Castle Rock Development stated that there have been several meetings between the Homeowners (HOA) and developers, and changes made. Lowering the traffic noise by making the building thicker than the original plan, no lighting on the buildings, and moving the building 6' away from the residential area, saving some trees and giving an additional buffer as requested. An agreement was reached with the homeowners to stucco finish and wainscoat finish (rock finish) the back wall, which was not shown on the original site plan. 7 David Richmond asked if it was possible to save any more of the trees. Mr. Allen stated that there are two trees in the 6' buffer area that will be saved. There is no possible way to save any more of the trees on the property. George and Alice Perez, 4500 Brush Creek {lot 19) stated some concerns: the City has no tree ordinance for this type of development. They agree that moving the building 6' back is better than the zero lot line and makes it somewhat livable. Mrs. Perez suggested that the developer submit in writing the agreement to use a wainscoat finish (rock finish) for the back wall. Mr. Perez stated that the value of property would also be affected. Mrs. Perez reiterated concern for no tree ordinance for this type of development. Barry Sanditen, developer for Forest Ridge Subdivision stated that he serves as President of the Homeowners Assocation (HOA) for Forest Ridge and shares in the same concerns as the residents present. Mr. Sanditen stated that prior to the purchase of the property to develop Forest Ridge he was subject to follow very strict requirements in landscaping, monument signage etc. Mr. Sanditen indicated that he went out of his way to preserve the integrity of the area, which included saving native oak trees. This site is a heavily treed area and this type of development will cause the removal of these trees. He understands that the site is zoned "GB" which allows for a number of uses, specifically a mini storage, however not without proper scrutiny. Without help from the Planning and Zoning Commission the developer and the resident's options are very limited. Mr. Sanditen stated that the site plan doesn't show what native oak trees will be saved in the buffer area. The site plan is very limited in information and believes there hasn't been enough time to evaluate the specifics. Mr. Sanditen stated that he trusts that the Commission will look after the interest of the subdivision and the community. Joyce Briscoe stated that she wanted to relay to the homeowners that she has a great understanding of their dilemma. She recalls looking out onto green fields when she moved into her home, but things do change. Joyce Briscoe voiced her concern with regard to the 6' buffer area. Who is going to maintain this area? Mr. Perez stated that he would volunteer to maintain the 6' buffer. David Richmond stated that would be fine as long as Mr. Perez was the homeowner. s David Richmond stated that the area is zoned "GB" and that the mini storage is an authorized usage. However, he supports the same feelings as do the rest of the Commissioners, in preserving the environment, saving trees, and he totally supports the tree ordinance and will insure that developers work with the Commission to save the environment. The issues discussed are concerns that have previously been addressed: the total removal of trees, and a zero lot line at residential property. David Richmond stated that the 6' buffer might not be the satisfactory solution because of the potential maintenance of the area. Gary Wallace stated that the site plan before the Commission can not be approved if the developer is going to honor the agreement with the homeowners in regard to the 6' buffer. Steve Simonson stated that the site plan before the Commission does indicate the 6' buffer, however it does not indicate the wainscoating finish discussed. Steve Simonson stated that from past experience, he strongly recommends that the Commission not allow a resident to help out in maintenance of areas similar to this one. If there is going to be a buffer area, it must be maintained by the property owner. If the general concept is agreeable with the Commission, another site plan needs to be submitted with notes indicating the wainscoat finish, etc. That is the requirement for an approval of a final site plan. Keith Van Dine asked if the property owner is willing to maintain the 6' buffer? Mr. Allen stated that would not be a problem. Steve Simonson stated that if the property was abandoned, the city has a fund for abandoned property in order to keep up with the maintenance. Joyce Briscoe asked the developer if his market survey showed this location on FM3009 to be the only lot that would provide a good rate of return on his investment. Mr. Allen stated that this location has the "GB" zoning and the location is suitable. David Richmond asked if there are any possibilities to create islands around these trees in the driveway areas to save some of the trees. Mr. Allen stated that the building requirement does not make it possible, there will moving trucks (Ryder, U-Haul) driving into the facility making this impossible to maneuver around these islands. 9 Jim Allen stated that the issues discussed such as the wainscoating, 6' buffer maintenance, the tree survey was done, and noise and lighting has been addressed, and all these items will be part of the final site plan submitted. David Richmond commented that the site plan before the Commission is incomplete and that the developer has mentioned that all these issues will be made part of the final site plan. Tony Moreno moved to disapprove the request as submitted by Castle Rock Development, Inc. for site plan approval of Centurion Storage (Mini Storage) due to incompleteness. Gary Wallace seconded the motion and the vote was as follows: Ayes: Tony Moreno and Joyce Briscoe. Opposed: Gary Wallace, Keith Van Dine, George Maxfield and David Richmond. Motion failed. With a brief discussion among the Commissioners concerning the submittal of a final site plan and requirements for approval, Tony Moreno moved to table the request from Castle Rock Development, Inc. for site plan approval of Centurion Storage and to include the items discussed in the new site plan presented and brought back in one document. Gary Wallace seconded the motion and the vote was as follows: Ayes: David Richmond, Joyce Briscoe, Tony Moreno, Gary Wallace and Keith Van Dine. Opposed: George Maxfield. Motion carried. #13 Consider And Take Appropriate Action: Request from Continental Homes of San Antonio, L.P. for Final Plat Approval of Carolina Crossing Unit 5. (PC #378-98). Steve Simonson stated that this is the last unit of the original master plan for Carolina Crossing Subdivision with a total of 444 homes. The greenbelt is labeled stating that the greenbelt belongs to the homeowners and all necessary signatures are on the plat. All items have been corrected. io With no further comments, Tony Moreno moved to approve the request from Continental Homes of San Antonio, L.P. for Final Plat Approval of Carolina Crossing Unit 5. Joyce Briscoe seconded the motion that carried unanimously. #14 Consider And Take Appropriate Action: Request from Continental Homes of San Antonio, L.P. for Master Plan Approval of Carolina Crossing Subdivision Units 6,7 & 8. (PC #384-98) Tabled August 25, 1998 and Re-tabled September 8, 1998. Steve Simonson stated that the letter from the Ed Ford, City engineer is part of the packet as requested by the Commissioners in regard to the extension of Savannah Drive. Steve Simonson stated that concerns were passed on to Mr. Denham with regard to the nature of the entrance located across the exit at units 3 and 4, and the Commission's concern to the extension of Savannah Drive. Paul Denham, engineer for the project, briefly explained the layout of the proposed units and the two future option tracks. He indicated the extension, based upon the City's major thoroughfare map of Savannah Drive showing the location. Mr. Denham presented a profile study on the extension of Savannah Drive showing the slopes in the area. Mr. Denham stated that there are many obstacles in constructing this road. In the City's UDC, it shows a maximum slope of 7% for collector streets. Mr. Denham indicated that a cliff exists out in the area based upon the location of the City's major thoroughfare plan, with a 33' drop in the flood plain area. A large transmission tower is another obstacle. Mr. Denham passed out photographs of the area showing the issues in discussion and indicated the problems in the construction of the road. Some points of concern in the thoroughfare include (providing a route for pedestrians and vehicles to travel between two points), thoroughfares must meet some conditions; it must have a need and demand, be safe, and it must coordinate with other thoroughfares and fit in with the environment. Mr. Denham stated that if the thoroughfare was placed in this location it would help to dictate the land use. An estimate of $600,000 was suggested to construct the roadway and provide the drainage structure to cross the flood plain area. A developer building single family homes can not endure this type of cost and build single family homes. 11 After further discussion on the issues presented the Commissioners agreed that the City engineer, or a third party, needs to provide a clear explanation to the extension of Savannah Drive. Steve Simonson stated that the City engineer would be notified and asked to provide the Commission with a clearer explanation by next meeting. Basically, the City engineer has disagreed with Mr. Denham's assessment on slopes. Tony Moreno asked that if Mr. Ford could add a projected estimate on the cost to construct the road. Steve Simonson stated that would be part of the report for the next meeting. David Richmond asked if Mr. Ford could be present at the next meeting, so that the Commission could ask questions. Steve Simonson stated that could be arranged. Joyce Briscoe moved to table the request from Continental Homes of San Antonio, L.P. for Master Plan Approval of Carolina Crossing Subdivision Units 6,7 & 8,and request that the City Engineer (Ford Engineering) provide the Commission with detail information on the extension of Savannah Drive to the west. Tony Moreno seconded the motion that carried unanimously. #15 Consider And Take Appropriate Action: Request from 3009 Partners, Inc. for Preliminary Plat Approval of Forest Ridge Subdivision, Unit 3. (PC #386-98). Steve Simonson stated that Unit 3 is part of the Master Plan for Forest Ridge Subdivision. The recreation lot shown is next to the pool area and trails. The only correction needed is in the note statement: Item 3, shows Unit 2, instead of Unit 3. All other items are the same as the previous units approved. With no further comments, Gary Wallace moved to approve the Preliminary Plat with correction to show Unit 3 on the plat. Keith Van Dine seconded the motion that carried unanimously. #16 General Discussion: George Maxfield• George had no comments. 12 Keith Van Dine• Keith had no comments. Jovice Briscoe• Joyce suggested that the City adopt a resolution that for every tree cut down by developers that the developers plant another tree at another location. Tony Moreno• Tony reiterated concerns to limit projects from entirely covering property with impervious buildings such as the Centurion Storage facility. Addressing water run-off etc. Tony suggests that a change to the UDC needs to be discussed to look into the tree ordinance to prevent such development. Gary Wallace• Gary had no comments. David Richmond David mentioned that he would be out of town the Saturday before departing for the APA conference scheduled to start on Sunday. Is there a meeting scheduled for the Commissioners to get together as in previous years? Steve Simonson stated that previously the meetings have been scheduled for the first night of the conference. If the Commissioners like, the meeting can be scheduled for Monday night. We will discuss the scheduling at the conference. Ken Greenwald• Ken commented that he agreed that something needs to done when developers remove native oak trees. He suggests that for every tree that is cut down, two should be planted to replace the removal of these trees. Ken mentioned that no hunting is allowed in the City limits. 13 Steve Simonson: Steve reported that Taco Bell is finally going to start construction and a call was received that there are plans for an armored car facility on IH35. #17 Adjournment: Keith Van Dine moved to adjourn the meeting. Gary Wallace seconded the motion. The meeting adjourned at 9:45 p.m. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City of Schertz 14