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05-12-1998 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened and conducted a Public Hearing on Tuesday, May 12, 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 Ernie Evans, Chairman Steve Simonson, David Richmond, Vice-Chairman Asst. City Manager Gary Wallace Mary Ybarra, Tony Moreno Planning Secretary Joyce Briscoe Keith Van Dine Ken Greenwald, Councilman, ex-officio Members Absent Others Present Sam Bledsoe, Mary McDonald, MBC Engineers 4300 Crown Oak J.L. Stewart, Laverne Bauman, 1308 Circle Oak 1545 Circle Oak Harry Bauman, Leta Reininger 1545 Circle Oak 4312 Shady Oak Jackie Moothart, Greg San Marco, 4208 Crown Oak Don McCrary Jim Prestidge, Annette Synder, 4317 Spanish Oak 1548 Circle Oak Jan McDonald, Doris Courtney, 4300 Crown Oak Oak Forest N. Randy Dym, Fred Hensley, Oak Trail Investment 1313 Circle Oak Hal Marsh, Jon A. Gray, 4209 Spanish Oak 4401 Shady Oak Ln. Ken Smith, Mike Cude, 1312 Circle Oak Dr. M.W. Cude Eng. Olivia Banks Mary Han, 4300 Shady Oak 1 #1 Call To Order: Chairman Evans called the May 12, 1998, meeting to order at 7:00 p.m. Chairman Evans explained the procedures to be followed in the public hearing and thanked everyone for their concerned interest. Chairman Evans stated that pending the outcome of the meeting this evening, an additional public hearing would be scheduled by the City Council. He requested that anyone wishing to speak come to the podium. #2 Public Hearing: To Receive Citizen Input for a request from M. W. Cude Engineers, L.L.C. (ABG Investments) to rezone 20.54 acres of a portion of 37.37 acres from GB (General Business) to R-2 (Single Family Dwelling District, lot size 70' x 120'). Said property is bordered east of Schertz Parkway, north of Maske Road, west of Woodland Oaks Subdivision and south of Ashley Place Subdivision. (ZC #152-98). Ernie Evans asked for staff input from Steve Simonson. Steve Simonson stated that in accordance with the City Ordinance, four (4) letters were sent out to property owners within 200' of the property. Of the four, one letter was received in favor and none opposed. Mike Cude stated that the proposed master plan is for 113 Single Family Residential lots, (70' x 120'). Mr. Cude stated he would answer any questions at this time. Chairman Evans opened the floor for citizen comments. With no comments or questions voiced, Chairman Evans closed the public hearing at 7:05 p.m. #3 Public Hearing: To Receive Citizen Input for a request from Oak Trail Investment to rezone approximately 11 acres of a portion of 43 acres from R-1 (Single Family Dwelling District lot, size 80' x 120') to R-6 (Single Family Dwelling District lot, size 60' x 120') from 2 the proposed right of way of the drainage channel to the eastern end of the existing property line for the Evelyn Simmons Trust property. Said property is bordered on the east by Schalther and Family Partnership Ltd.property, to the north by Jack L. and Kristen Waelti property, and to the south the Janet A. Besch property. (ZC #153-98). Ernie Evans asked for staff input. Steve Simonson stated that in accordance with the City Ordinance that five (5) letters were sent out to property owners within 200' of the property. Of the letters sent out, none were received back. Greg San Marco stated that the request is to rezone approximately 11 acres. This property is located in the outskirts of the city limits and will basically help in the construction of the future extension of Wiederstein Road. This would yield approximately eight extra lots to compensate for the future roadway and be conducive for the marketing of smaller lot sizes along Wiederstein Road. Ernie Evans asked for citizen input at this time. Harry Bauman, 1545 Circle Oak read a letter from the Oak Forest residents that stated concerns related to the traffic impact and safety to the area. The concern is specifically the Evelyn Simmons property. The development of approximately 175 new homes in the area will present an unacceptable traffic impact. Mr. Bauman stated that it is their understanding that Crest Oak does not meet the criteria of a thoroughfare whether or not there is sufficient property available to widen this road. The residents are not in favor of using Crest Oak as a route to access the proposed development and feel an alternative route to IH35 needs to be explored. Mr. Bauman stated that the Oak Forest residents are serious and plan to take any steps necessary to prohibit the development from happening. Lastly, Mr. Bauman asked who the builder is for the Oak Trail Subdivision. 3 Jackie Moothart, 4208 Circle Oak stated that he referenced his concern is the traffic as mentioned, and he also wanted to know the builder for the proposed development. A City Council meeting that discussed a request from Lancaster Development to rezone the property surrounding Oak Forest. (not approved) where at the mayor stated that there "would be no more high-density development along FM 3009 and a meeting will be planned with the Planning and Zoning Commission to discuss the infrastructure". Mr. Moothart stated that if that many houses are built and Crest Oak is used as a thoroughfare, that would destroy the Oak Forest Subdivision. Jean Stewart, 1308 Circle Oak stated that her concern is water. How low is the City on water? Mrs. Stewart stated she would like to request that the difference in the revenue figures be considered i.e. for the city business taxes as homeowners' taxes. Additionally, why do all developers want to tie into Oak Forest? Why don't they build their own roads and not piggyback on roads that are developed. Doris Courtney, 4313 Spanish Oak stated that in 1984 or 1985 a request was made to build a church in this area. At that time, it was decided by Planning and Zoning and City Council that Circle Oak and Crest Oak could not handle the ingress and egress. Greg San Marco stated that in view of the citizens' concerns pertaining to the density issue he would like to withdraw the rezoning request. This would preserve the density and the R-1 zoning in the area and allow the development to occur as planned by the City's Subdivision Ordinance. Mr. San Marco stated that the master plan on the proposed development is an agenda item this evening after the public hearing and he would like the Commission's recommendations. The Oak Forest residents asked if the agenda item to discuss the master plan would be open to citizen comments? Ernie Evans stated that the citizens are allowed to be present and listen but are not allowed to comment or speak. Greg San Marco stated that in view of citizen concerns in the increase in density he would like to withdraw the rezoning request. The residents of Oak Forest stated that their concern is the traffic 4 issue. "Where is the traffic going?" Greg San Marco stated Crest Oak and Circle Oak are planned to handle the traffic. Randy Dym, President of Oak Trail Investment, stated that he is not trying to keep secrets from the homeowners. Oak Trail Investment has been to the City and has complied with the City's requirements and will continue to do so and he expects to City to comply with its rules. Mrs Hensley, 1313 Circle Oak Drive, stated that her concern is traffic and she feels the residents will be placed in a very complex situation. She hopes the Commission uses good judgement and does not allow this to happen. J.L. Stewart 1308 Circle Oak stated that the residents have a difficult time getting onto FM 3009 from both Circle Oak and Crest Oak at the busy part of the morning. An additiona1300 plus cars and it will not allow you to get onto FM 3009, he feels the streets are not wide enough. Jim Prestidge, 4317 Spanish Oak stated that the topography on Crest Oak has a blind area up to the proposed subdivision. This will make it difficult to see traffic. Drainage, sewer, and water are some of his concerns also. Ken Smith, 1312 Circle Oak stated that he chose to retire in Schertz and feels very proud to live in Oak Forest and the City of Schertz. He feels that there have been some outstanding comments and he again reiterated his concern over the problem. Fred Hensley, 1313 Circle Oak, stated that his concern is water, and he feels that the waterline going through the area is not adequate to handle the proposed project. Olivia Bank, 4305 Shady Oaks, stated that her concerns are water, and traffic, and that she is opposed to the proposed subdivision. Mary Hall, 4300 Shady Oaks, stated that her concerns are for the safety of the children in the neighborhood because of increased traffic. 5 Harry Bauman asked to know who the builder is for the proposed subdivision. Randy Dym stated that the builder is not Kaufman and Broad, and that a builder has not been decided upon. Mr. Dym stated that a builder would not be obtained until the approval of the Master Plan and plats are determined. John Gray, 4401 Shady Oak Lane, stated that an additional 175 lots would bring more families and traffic to the area. Our schools are stretched at present and development is coming in at such a fast rate. The city is just not ready. Ernie Evans asked Mr. San Marco if the request made earlier to withdraw the rezoning issue from the agenda is a committed statement. Greg San Marco stated that in view of the citizens' concerns, he would like to withdraw the request. #4 Adjournment of Public Hearing: With no further discussion, Chairman Evans adjourned the public hearing at 7:45 p.m. The Schertz Planning and Zoning Commission convened in regular session after the Public Hearing. The agenda is as follows: #5 Call To Order: Chairman Evans called the regular session meeting to order at 7:50 p.m. #6 Approval Of Minutes: Regular Session of April 28, 1998. Ernie Evans asked if there are any corrections to the minutes. Joyce Briscoe moved to approve the minutes of the Regular Session of April 28, 1998, as written. Keith Van Dine seconded the motion that carried unanimously. 6 #7 Status of Final Plats: There were no plats to report. #8 BOA Actions: Chairman Evans stated that no report was available. A volunteer is needed due to the resignation of Commissioner Pia Jarman who attended the BOA meetings and reported to the Commission. #9 Citizens' Input Other Than Agenda Items: There were none. #10 Consider And Take Appropriate Action: Request from Allen H. Barton, 4612 Flagstone Drive, for a Special Exception to the Zoning Ordinance for a side yard setback from (5' to 3') and a rear yard setback from (15' to 5') to place a 10' x 12' wooden shed. (BOA #106- 98) Steve Simonson stated that this request has several problems. An overhead utility line easement is in the backyard. There are no utilities underground that can cause problems. However, he believes an approval letter is needed from CPS giving their okay before the BOA can approve this request. Mr. Barton stated that he was not aware he needed a permit and that he has started construction and has invested monies for landscaping his yard. Mr. Barton stated that he has contacted the CPS office and will be obtaining a letter from their office before the BOA meeting. 7 Joyce Briscoe asked for clarification of the statement made by Mr. Barton in his application stating that his request is based on his neighbor's approval of his shed. Mr. Barton stated that his neighbor's permit was given in error. Mr. Barton stated that he wants to follow the city's requirements. If a permit is needed, he wants to be given approval. Mr. Barton's neighbor who lives at 4616 Flagstone stated that he had no objections to the storage shed. The storage shed will be similar to the one on his property. Gary Wallace moved to forward the request from Allen H. Barton, 4612 Flagstone Drive, for a Special Exception to the Zoning Ordinance for side a yard setback from (5' to 3') and rear a yard setback from (15' to 5') to place a 10' x 12' wooden shed recommending approval to the Board of Adjustment contingent upon receipt of proper letters from CPS. Keith Van Dine seconded the motion that carried unanimously. #11 Consider And Take Appropriate Action: Request from M.W. Cude Engineers, L.L.C. ((ABG Investments) to rezone 20.54 acres of a portion of 37.37 acres from GB (General Business) to R-2 (Single Family Dwelling District, lot size 70' x 120'). Said property is bordered east of Schertz Parkway, north of Maske Road, west of Woodland Oaks Subdivision and south of Ashley Place Subdivision. (ZC #152-98). Steve Simonson stated that this subdivision will complete Woodland Oaks Dr. through to Schertz Parkway and FM 3009 per the city's master plan. A number of frontage acreage lots will be left commercial property, as not all the acreage will be used for residential purposes. David Richmond moved to recommend approval and forward to the City Council the request from M.W. Cude Engineers, L.L.C. ((ABG Investments) to rezone 20.54 acres of a portion of 37.37 acres from GB (General Business) to R-2 (Single Family Dwelling District, lot size 70' x 120'). Said property is bordered east of Schertz Parkway, north of Maske Road, west of Woodland Oaks Subdivision and south of Ashley Place Subdivision. Gary Wallace seconded the motion that carried unanimously. s #12 Consider And Take Appropriate Action: Request from Oak Trail Investment to rezone approximately 11 acres of a portion of 43 acres from R-1 (Single Family Dwelling District lot, size 60' x 120') from the proposed right of way of the drainage channel to the eastern end of the existing property line for the Evelyn Simmons Trust property. Said property bordered on the east by Schalther and Family Partnership Ltd., property to the north by Jack L. and Kristen Waelti property, and to the south the Janet A. Besch property. (ZC #153-98). Ernie Evans stated that the request for the rezoning has been withdrawn from the agenda; therefore, there will not be a called vote on this item. City Council will be sent an explanation of the action taken. #13 Consider and Take Appropriate Action: Request from M.W. Cude Engineers, for ABG Investments for Master Plan Approval Woodbridge Subdivision. (PC#372-98) Steve Simonson stated that the Master Plan is for the proposed rezoning that will be R-2 zoning. This land is existing from Maske Road to the Ashley Oaks Subdivision backing up to the expanding Woodland Oaks Subdivision. The street will be brought out to Schertz Parkway with the proper width of 62' of right of way with a 42' road. Frontage on Schertz Parkway would be left "General Business" zoning. All provisions to the city's overlay ordinance have been considered on the master plan. There are two items that are missing on the plat, which are the property owners names and the site detail of the subdivision. Gary Wallace stated that he believes the overlay ordinance requires deceleration and acceleration lanes. Should this be part of the Master Plan at Schertz Parkway and Woodland Oaks Dr.? Steve Simonson stated he was not sure and would look into the matter. 9 Ernie Evans asked if the park dedicated to the city met the size standards? Steve Simonson stated it did not. Steve Simonson also pointed out that it needs to be known if the park will be private or public. If it is a private park, then how much of the park funds is the developer liable for? Mike Cude stated that Mr. Brad Galo is not present, but it is his understanding that Mr. Ga1o is not opposed to the monetary or land contribution. It has not been decided yet and he will discuss it with Mr. Simonson. Ernie Evans advised Mr. Cude that the issue will have to be finalized before the Commission will take action on the request. Ernie Evans stated that these issues would have to be part of the plat before the Commission can give approval. Gary Wallace moved to disapprove the request from M.W. Cude Engineers;-. for ABG Investments for Master Plan Approval of the Woodbridge Subdivision contingent upon the resolution of deceleration and acceleration lanes, park dedication issue, .vicinity map, and landowners. Keith Van Dine seconded the motion that carried as follows: Ayes: Gary Wallace, Ernie Evans, David Richmond, Keith Van Dine and Joyce Briscoe. Opposed: Tony Moreno. Motion carried. #14 Consider And Take Appropriate Action: Request from Don McCrary & Associates for Oak Trail Investments for Master Plan Approval of Oak Trail Subdivision. (PC #367-98) Steve Simonson stated that the Master Plan is for Unit 1 and 2 of the Oak Trail Subdivision minus the area in question this evening for the zoning. The streets are not labeled 50' wide; however, the streets scale out to show the width. Key plan, property owners, and the lot numbering are correct. Ernie Evans stated that he questions the drainage right of way labeled "park dedication" and since the zoning issue is no longer an issue then it affects the Master Plan. If this is the case, the 1V~aster Plan needs to be redone. io Gary Wallace asked if a development of this size requires a traffic analysis? Steve Simonson replied yes and it is usually done at platting time. Gary Wallace also questioned if sewage lines are adequate. Steve Simonson stated he does not know without looking into it. Greg San Marco stated that the parkland dedication is planned to be part of Unit 3 and that discussion on the percentage of fees will take place at that time. Ernie Evans advised Mr. San Marco to further discuss the issue with Mr. Simonson because he believes the initial proposal was not for "parkland" but a "greenbelt". Ernie Evans questioned what is planned for Unit 3 now that the Master Plan is incomplete? Greg San Marco stated that the Master Plan would indicate the existing R-1 zoning. The plan will be the original plan of R-1 zoning with fewer lots and the future Wiederstein Rd. through street. The layout is unknown at this time. Ernie Evans asked if Wiederstein Street would stay at the back of the property? Greg San Marco replied yes. Greg San Marco stated that the general notes indicating the 50' street right of ways are placed on the Master Plan, but the ROW will be 60'. David Richmond stated a major concern of the Commission is adequate provision for the right- of- way, which was not part of the Master plan or plat. He feels it will be a disservice to the city and the Road Master Plan to allow development that relies on city neighborhood streets to accommodate large amounts of traffic. Greg San Marco stated that this Master Plan has previously been introduced and is quite an old plan. At present the plan continues and follows prior development plans. The plan will follow the zoning requirement of the city. 11 Joyce Briscoe asked is Wiederstein Road in the City limits of Schertz? The plat shows some of the road in the city limits of Cibolo. Steve Simonson stated that some of Wiederstein Road is in Cibolo City limits and it is his understanding that the city has a Master Plan similar to the Schertz plan and that Cibolo does plan to enforce it. David Richmond moved to disapprove the request from Don McCrary & Associates for Oak Trail Investments for Master Plan Approval of Oak Trail Subdivision contingent upon completion of a traffic analysis study, parkland clarification, and inclusion of Unit 3. Tony Moreno seconded the motion that carried unanimously. #15 Consider And Take Appropriate Action: Request from Don McCrary & Associates for Oak Trail Investments for Preliminary Plat Approval of Oak Trail Subdivision. (PC #367-98) Steve Simonson stated that the plat has several items missing, no utility easement, flood plain information is incorrect, and parkland clarification is needed. David Richmond moved to disapprove the request from Don McCrary & Associates for Oak Trail Investments for Preliminary Plat Approval of Oak Trail Subdivision given the Master Plan has not been approved. Keith Van Dine seconded the motion that carried unanimously. #16 Consider And Take Appropriate Action: Request from MBC Engineers, for Hallmark Residential Group, Inc. for Final Plat Approval of Greenshire Subdivision, Unit SA. (PC #363-98). Steve Simonson stated that the parkland fees have been paid. The plat is a follow up to Unit 3 that connects to Wild Cherry giving the area two ways in and out. The subdivision will back up to the Cibolo city limits and the Deer Creek Subdivision. The 1' non-access easement has been placed and the lot widths have been corrected. David Richmond asked for clarification on the developer for the subdivision. Sam Bledsoe stated that the original request, when submitted showed the developer was to be Hallmark Residential Group; however, since then, the property has been sold to Kaufman and Broad. 12 Gary Wallace moved to approve the request from MBC Engineers for Hallmark Residential Group now Kaufman and Broad, Inc. for Final Plat Approval of Greenshire Subdivision, Unit SA. Keith Van Dine seconded the motion that carried unanimously. #17 Consider And Take Appropriate Action: Request from Continental Homes of San Antonio, L.P. for Final Plat Approval of Carolina Crossing Subdivision Unit 4. (PC #362-98}. Steve Simonson stated that the property owners, 1' non-access easement has been placed. The dedication of a 10' area along Schertz Parkway is shown and parkland fees have been paid. Steve Simonson stated that the subdivision is a gated community. Paul Denham is present to explain in detail the entrance to Schertz Parkway. He will show that it will be used as an exit only and not an entrance. Gary Wallace reiterated the question of a deceleration and acceleration requirement to the overlay ordinance. Steve Simonson stated that he would look into the matter. Paul Denham stated that the proposed unit is the fourth-unit of a proposed five-unit subdivision. Mr. Denham explained the "exit only" issue to the Commission. The plan is for the exit to be an emergency secondary gate onto Savannah Dr. The gate will have an emergency entrance with key pad access for emergency vehicles to enter and will open automatically for other traffic exiting the subdivision. Ernie Evans stated that a gated community has only one primary entry/exit and the secondary entry/exit is designed strictly for emergency purpose. Paul Denham stated that when the master plan was approved the "exit only" was approved at that time. He was not part of the company at that time and he is only going on the information provided. Ernie Evans stated that he did not have the minutes of the approval for the Master Flan of Carolina Crossing Subdivision at hand. Mr. Denham explained that at the preliminary plat 13 meeting it had been discussed that the entry would be an "exit only" and was approved. Mr. Denham stated that to his knowledge the gate was never discussed as an emergency exit. Steve Simonson stated that he recalls some of the discussions of the gate being more than an emergency exit because of the number of units proposed for the subdivision. Joyce Briscoe asked if unit five will be part of unit four and if will the traffic be going out one entry? Paul Denham stated that unit five is a smaller unit and it does connect to unit four, but is a much smaller unit (about a block and a half) and both these units would be utilizing the two gates as shown on the plan. Joyce Briscoe asked if he had considered adding another entry. Tony Moreno and David Richmond suggested researching the minutes and construction plans discussed previously and treat the issue as the Commission would treat a gated community issue. Steve Simonson stated that city staff would review the minutes and construction plans and would provide information at the next meeting. Joyce Briscoe moved to disapprove the request from Continental Homes of San Antonio, L.P. for Final Plat Approval of Carolina Crossing Subdivision Unit 4 until information on gate and construction plans are reviewed. Gary Wallace seconded the motion which carried as follows: Ayes: Gary Wallace, Joyce Briscoe, Tony Moreno, David Richmond, and Ernie Evans. Opposed: Keith Van Dine. Motion carried. #18 General Discussion: Keith Van Dine: Keith commented that if developers are made aware of the city requirements before hand that perhaps they would be better prepared and the Commission would not have to be faced with 14 these problems at meetings. Steve Simonson stated that the developers are advised of the requirements and they are explained to them. Tony Moreno: Tony had no comments. Joyce Briscoe: Joyce asked are we within our legal rights to vote against a development such as Oak Trail Subdivision? Steve Simonson stated that the citizens concerns are safety and traffic and that these are valid concerns and the city does has legal rights. Joyce mentioned that she would not attend the May 26, 1998, meeting. She will be on vacation. David Richmond: David stated that the City or Commission cannot deny a request from a developer but we can forward a recommendation to the City Council recommending disapproval. Gary Wallace: Gary commented that he feels strongly on the acceleration/ deceleration issue and that it should part of the City's requirements. Ken Greenwald: Ken commented that City Council had approved the rezoning of the Besch 11 acres and believes that a contract for a Senior Citizen Center is planned. Ken commented that he received information on the roof planned for the city office complex and was told the roof would be covered for 20 years and the designing engineer is getting something in writing to that affect and will get information in the difference in cost. 15 Ken commented that there is a lot of talk about water storage. We do not have awater -shortage. Ernie Evans: Ernie commented that a volunteer is needed to attend meetings for BOA due to Pia Jarman resigning from the Commission. These meetings are scheduled on Mondays. Joyce Briscoe volunteered for the position. Ernie asked if the Commission still wants the number two-person (Mr. Maxfield) to be called in to fill the Commissions vacancy and vote to make a recommendation to the City Council. Steve Simonson reported that the Commission is within their legal rights to call Mr. Maxfield, vote and recommend his appointment. Ernie asked for the matter to be an agenda item so that the Commission can take action. Ernie asked if a joint meeting with City Council has been scheduled. Steve Simonson stated there is no date yet. #19 Adjournment: Keith Van Dine moved to adjourn the meeting. Gary Wallace seconded the motion. The meeting adjourned at 9:50 p.m. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City~of Schertz 16