02-10-1998 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in regular session on Tuesday,
February 10, 1998 at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400
Schertz, Parkway, Schertz, Texas. Those present were as follows:
PLA,NIVIl~TG & ZONING COMMISSION CITY STAFF
Ernie Evans, Chairman Steve Simonson,
David Richmond, Vice-Chairman Asst. City Manager
Pia Jarman, Secretary Mary Ybarra,
Gary Wallace Planning Secretary
Tony Moreno
Keith Van Dine
Joyce Briscoe
Ken Greenwald, Councilman,
ex-officio
Members Absent Others Present
Keith Van Dine (work related) Richard J. Adams,
4305 Spanish Oak
Mike Lancaster,
8603 Crownhill
Susan Mannecke,
2809 Valencia Lane
Bart Swider,
1008 Central Parkway S.
Greg San Marco,
Don McCrary & Associates
T. Zipp,
300 Landa
Kermit H. Harborth,
1204 FM 78
Laura Mohan,
3821 Forsyth Park
Mike Domgard,
1505 Green Valley Rd.
#1 Call to Order: Chairman Evans called the February 10, 1998 regular meeting to
order at 7:00 p.m.
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#2 Approval of Minutes: Regular Session of January 27, 1998
Ernie Evans asked for any corrections to the regular session of January 27, 1998.
Ernie Evans stated that on page 1, Keith Van Dine's name is missing under members present.
Ernie added that on page b item #9 the word "conformation" to be changed to configuration.
Ernie stated he was not present at said meeting and asked if the change is correct? Steve
Simonson and Pia Jarman both responded yes. Ernie added that page 8 last paragraph, he
checked with Steve Simonson as to the comment made by him and according to Steve the word
"property" should be used instead of "warehouse building".
Pia Jarman stated that on page 2, item #2 third paragraph "absent at said meeting" be added after
the abstention for Keith Van Dine. Pia added that on page 3-bottom paragraph an "e" be added
to the word "rational." In page 4, top of the page in the comment made by Pia, it is to read
"another reason was". Pia added that on page 7-second paragraph from the bottom, add quotation
marks to the statement made by Greg San Marco. Pia added that on page 9, top of the page, an
addition of "dealing with" and deletion of the word "in" in the statement made by her.
Tony Moreno stated that in item #14 General Discussion in his comments, this is a case of
mistaken identity on AER Mfg. Company and AER Mfg. Inc. A mistake was made in the
companies and his comments are to read as follows:
AER Mfg. Inc. is a remanufacturer of automotive engines and parts headquarters in Carrollton,
Texas. The Company was started in the 1940's and has grown to over 500 employees, and has
sales in excess of $100 million. AER has contracts with Ford Motor Company, General Motors
Corporation, and Nissan Motor Company to supply them automotive engines for use in warranty
replacement and aftermarket sales. The company is expected to have 300 employees. This
recycling is a clean remanufacture of engines. AER also sells remanufactured engines and parts
to all the Ford and Lincoln-Mercury dealers throughout Texas. The original concept for the
formation of AER was to recycle old automotive engines and parts into completely
remanufactured products of extremely high quality. This recycling continues today and is the
lifeblood of AER.
Pia Jarman and Joyce Briscoe both stated that something not actually mentioned at the meeting
cannot be added to the record of the minutes as such. But suggest the comments be included as
additional information.
Pia Jarman stated that in general discussion under her comments in the second paragraph the
word "on" is to be used.
David Richmond stated he has several corrections to his comments in the third paragraph, the
word "that" is added to the first sentence. In the second sentence the deletion of "suggested" and
the addition of "presented an excellent" opportunity. "David" is to be added to begin the third
sentence and the addition of "property adjacent to his east." David added that in page 14 fourth
paragraph an addition of "previously" in the comment made by him.
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Pia Jarman moved to approve the minutes of the regular session of January 27, 1998 with the
corrections as noted and that comments as presented by Tony Moreno be included for record
purposes. Gary Wallace seconded the motion which carried as follows:
Ayes: David Richmond, Pia Jarman, Joyce Briscoe, Gary Wallace, and Tony Moreno.
Abstention: Ernie Evans (absent at said meeting).
#3 Status Of Final Plats:
Final plats for the month of January are Keatts/Close Subdivision, Forest Ridge Subdivision Unit
2, Carolina Crossing Unit 3, and Genuine Parts Subdivision.
#4 Status of BOA Actions:
Pia Jarman stated that from her last report at the last Planning and Zoning meeting there has been
no BOA meeting scheduled.
#5 Citizens' Input Other Than Agenda Items:
There were none.
#6 Consider And Take Appropriate Action: Request from Don McCrary & Associates
for Final Plat Approval of Gleeson Subdivision (Vestal Subdivision). (PC #346-97}
Steve Simonson stated that this plat was not finalized at the last meeting because the landowners
were not indicated. Steve added that the property owner is Vestal Steel Inc. and is now placed on
the plat and all other items have been added or corrected.
Ernie Evans asked for any comments or concerns from the Commissioners?
Gary Wallace moved to approve the request from Don McCrary & Associates for Final Plat
Approval of the Gleeson Subdivision. Pia Jarman seconded the motion that tamed unanimously.
Ernie Evans stated that he would like to make a comment before the next item on the agenda. He
would prefer to go to item #8 before item #7. Ernie asked if the Commissioners had a problem
with rearranging the items on the agenda?
Steve Simonson stated there is a mistake in the arrangement of the agenda. Item #8 should be
discussed before item #7 because the preliminary plat was approved at the previous meeting and
corrections were made to the preliminary plat. It has been resubmitted because of the changes
and road configurations, and the ongoing change to the over all subdivision as a unit.
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Gary Wallace moved that the Commission consider item #8 on the agenda before item #7. Pia
Jarman seconded the motion that carried unanimously.
#8 Consider And Take Appropriate Action: Request from Don McCrary & Associates
for Approval of Burkett Subdivision on Live Oak Road Master Plan. (PC #359-98)
Steve Simonson stated that the Master Plan shows the requirements on the break out in the total
of lots, sizes of lots, and how the lots break out in blocks 1,2, and 3. The master plan conforms to
the R-2 zoning in the area. There is a stub-out in Mesquite Drive because the owners are unsure
of later development or to use as their own private property. Property owners are in indicated.
The 50' right of way in Mesquite Drive is listed and also indicated is the size of the roads.
Ernie Evans asked what is the width of the easement if any to the underground pipeline? Steve
Simonson stated that this is an item that will have to be addressed in the platting. The
information does not have to be on the Master Plan.
Ernie Evans stated that Mesquite Drive is shown at 50'. Is it an assumption that Persimmon
Street and Cedar Street are bath 50'? Steve Simonson responded yes. Ernie asked that in both
Persimmon and Cedar Streets if the dark lines that are indented into the property do they
represent the turning lane? Both entry and exit? Steve stated that yes they do. Ernie asked if the
size of the islands were known? Steve stated no. Steve asked Greg San Marco if he had an idea.
Greg San Marco stated that at the time he did nat. The purpose of the islands is to shape through
and around the trees in the area.
Ernie Evans asked if on the Master Plan does the information on non-access easement have to be
shown on Live Oak Road? Steve Simonson stated no, the plat is the legal document that these
easements will be on. A Master Plan shows the configuration and layout of lots, this Master Plan
shows a lot of the plat information that is not required for a Master Plan.
David Richmond moved to approve the request from Don McCrary & Associates for the Burkett
Subdivision Master Plan with corrections to made as noted. Joyce Briscoe seconded the motion
that carried unanimously.
#7 Consider And Take Appropriate Action: Request from Don McCrary & Associates
for Preliminary Plat Approval of Burkett Subdivision on Live Oak Road. (PC #357-98}
Steve Simonson stated that the Right of Ways for Live Oak Road, Mesquite Drive, and
Persimmons are shown. One property owner's name is missing. The Parkland fee note is
corrected. The plat shows the property adjacent as belonging to Ollie Burkett. The plat does not
show 1'non access easement that is required along Block 1 and Block 2 of lot 1. Steve added that
if there are going to be islands they have to be shown along with a statement saying that all
islands are common areas. An inset will be required showing what the island is, dimensions etc.
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Ernie Evans asked if the Commission would be getting the easement issue information? Steve
Simonson stated that the easement issue information is to be shown on the plat, so legally it
shows the easement crossing the property.
Pia Jarman commented that one of the landowner's (Gutierrez) is misspelled. Steve Simonson
stated that would be corrected.
Joyce Briscoe asked for a clarification on the underground pipeline since she was not a member
of the Commission at the time it was dealt with in Dove Meadows. This is a preliminary plat and
if she understands correctly, there is a concern if houses can be built, if the pipeline is interfering.
When will the information be provided? Steve Simonson stated the information would be in the
final plat to be approved by the Commission. Joyce asked if it is a gas pipeline? Steve Simonson
stated that Texaco is saying the pipeline is empty, but he doesn't know and he doesn't trust
Texaco.
Gary Wallace moved to approve the preliminary plat of the Burkett Subdivision on Live Oak
Road as submitted by Don McCrary & Associates, contingent upon proper identification of
adjacent property owners, island identification in description and location, dimensions of the gas
line easement and the corrected set of notes for the common area of the islands. David Richmond
seconded the motion that carried unanimously.
#9 Consider and Take Appropriate Action: Request from William & Susan Mannecke,
2809 Valencia Lane, Greenshire Subdivision for a Special Exception to the Zoning Ordinance to
encroach 8' into the 20' rear yard setback. (BOA #100-98)
Steve Simonson stated that the request is for a deck for a pool that will encroach into the 20'
building setback and because the deck is attached to the house. This is not encroaching into any
easements this is strictly a building setback issue. There is plenty of sideyard and there will still
be 8' to 10' to the backyard fence.
Pia Jarman moved to forward the request from William & Susan Mannecke for special exception
to the zoning ordinance to encroach 8' into the 20' rear yard setback to the Board of Adjustment
recommending approval. Gary Wallace seconded the motion that carried unanimously.
#10 Consider and Take Appropriate Action: Request from Kermit G. Harborth to rezone
a portion of 40.66 acres from R-1 to R-2 bounded by FM 3009 and Green Valley Road. (ZC
#150-98)
Steve Simonson stated that this is a new request and the issue of gated, the road to Green Valley
Road, and R-6 lots have all been removed. This is a portion remaining of R-1 and some R-2
zoning in the area. The request is for the remainder of the property to be zoned R-2.
David Richmond stated that he appreciates what has been done given the comments at both
public hearings. It is a surprise to him and he would like Mr. Lancaster to comment, since Mr.
Lancaster had previously made some profound comments that there is "no way in the world that
the property can be developed without R-6 zoning in order to clear a profit."
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Mr. Lancaster stated that the memo that is enclosed in the packets explains that everyone
involved in the project has tightened their belts and is taking less than originally planned. The
most expensive project involved with the development is crossing Dietz Creek and everyone is
working together for it to be a financially viable project.
David Richmond stated that in the previous proposal, there was a street access off of Green
Valley Road that ran into another street, and lots are proposed. Now the proposal is to have all
lots in this area, with no street onto Green Valley Road and his concern is what is the lay of the
land relative to the low water crossing? Steve stated that the area is all above the low water
crossing. Steve added that there are two problems that will have to be dealt with, the access to
Green Valley Road and the blind entrance to the subdivision. Steve commented that if this
request is approved the plat will show the 100 year flood plain information.
Ernie Evans asked what is the size of the recreational lot that is identified in the plat?
Mike Lancaster stated that he did not know the exact square footage. He added that it scales out
to about 150' at the end and about 40' fronting the streets main entry. There are plans for a pool,
clubhouse facility facing the creek. The elevation of the creek can not be changed and plans are
to remove the under brush and not any of the trees so the creek can flow properly. There are
some concerns from surrounding neighbors of water ponding in times of rain. Mr. Lancaster
added that the engineers working on the project suggested a pilot channel that will aid in
drainage. He also passed pictures around showing how they plan to save the two large oak trees
in the road.
Steve Simonson stated that Mr. Lancaster's request is not to rezone the front of the property. The
frontage property is zoned "Office Professional" and is retained by Dr. Harborth. Ernie Evans
stated that primarily this applies to the front corner that is on Green Valley Road and FM 3009.
Steve Simonson stated that the whole area is zoned `Business".
Ernie Evans asked about the 24' wide emergency easement? Is it going to cause a problem going
in and out of the cul-de-sac? Steve Simonson stated that it is the same emergency easement that
was allowed in Woodland Oaks Village. The 24' easement is wide enough to carry the city's
emergency trucks. It is not wide enough for two vehicles to pass.
Pia 7arrnan asked if a break a way fence is planned at the end of the easement? Steve Simonson
stated that the agreement with Mr. Lancaster is that the gate will be a solid break-a-way gate of
the rod iron variety similar to the gate in Berry Creek Subdivision. It will take a heavy piece of
equipment such as a fire truck or an EMS unit with a large bumper to pop the gate open. Steve
added that the Oak Forest residents are protected from someone trying to sneak in and out of the
subdivision. This is a variance to the ordinance, to provide a single source entrance to the
subdivision far emergency vehicles to get in and out.
Gary Wallace asked Steve what do the traffic experts tell us the traffic of 108 lots would
generate at the one exit/entrance? Steve Simonson stated the information would be provided in
the traffic analysis that has been requested from Mr. Lancaster. The traffic analysis will have to
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be provided to city star before the request goes forward to a public hearing. Steve added that
Mr. Lancaster has stated that the information will be provided if the request goes forward.
Ernie Evans asked about the fencing along the Oak Forest Subdivision and the two large lots
abutting the property. Mr. Lancaster stated that the plan is for a wooden fence backing up to the
back of the houses. The fence is a 3 '/2" galvanized metal post every 8', between the metal posts
with metal connectors there are three wolmanized rails that the fence (privacy) pickets are nailed
to, with a 2"x 6" cap on top. On the two large lots abutting to the property, Mr. Lancaster was
talking with the owners before the meeting about a different type of fencing and maybe sharing
in the cost. No decision was reached before the start of the meeting.
Ernie Evans commented to Mr. Lancaster that he might wish to change his terminology (words)
when refemng to fence construction at the public hearing. The use of the words "split rail"
doesn't portray an 8' wooded privacy fence to most people. Most people perceive a country or
western true split rail fence. Ernie realized that Mr. Lancaster is using a construction reference
for the fence and doesn't feel that most people at the public hearing will understand, as they did
not understand at the previous public hearing.
Ernie Evans asked Mr. Lancaster if this type of fencing would surround the entire subdivision
with the exception of negotiations with the two large acreage tract owners. Mr. Lancaster
commented this is true. Mr. Lancaster added that there would be no fencing requirement on the
lots backing up to the creek.
David Richmond asked if Mr. Lancaster is still working with the same builder. Mr. Lancaster
responded yes, Pulte Homes. David asked if there would be changes in construction given. the
change in zoning? Mr. Lancaster commented yes, the lots are larger and more expensive, and the
subdivision will have a more expensive home. There is discussion of starting in the $130
thousand range, however, a decision has not been made with the corporate offices, so for the
moment he does not know. David stated that hopefully the information would be available for
the public hearing given the major concerns at the previous public hearing to the lot size and
home size. A larger home is what most people had advocated and the general concern is density
that would bring about the problems.
Dr. Harborth stated that he had taken a substantial reduction in the purchase of the land because
of the compatible use. He stated that in the past years he could have sold the land for a lot more
money and a lot lesser home than what is being proposed today. Dr. Harborth commented he has
a problem with the concerns of the Commission.
David Richmond stated that the concerns of many of the residents at both public hearings is in
keeping the general development of the area and that the nature of the heavily treed property also
lends itself to larger lots and a better class of construction. David commented that these are
questions will be encountered at subsequent public hearings and he thinks this is a monumental
step in the right direction to address the concerns that have been raised at the previous public
hearings. Mr. Lancaster commented that the plan is to have a mix of 70' to 80' lots. The lots in
the Greenshire Subdivision and in the Forest Ridge Estates range from 70' to 75' lots. Mr.
Lancaster commented that he feels the product that will be put in the subdivision will be very
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comparable to the two subdivisions. Pulte is looking at the area as its "Flag Ship" because of the
area's natural beauty.
Dr. Harborth commented that this is the first time a developer has come to him with plans to do
something with the creek area. He is retaining the commercial property in front but feels some
credit is to be given to the developer because it will take some money to develop the "green
area", leaving the trees and putting in the entrance.
Ernie Evans stated that the Commission understands very well but the Commission does not
want to go the public hearings and not have the concerns of the citizens addressed. The trees will
still be an issue as well as the islands, which are not shown. Mr. Lancaster stated that for the
moment a tree survey is out of the question until some decision is reached.
Ernie Evans stated that another issue of concern is the fence issue with the two property owners
on the backside of the area. Ernie Evans asked Mr. Lancaster how soon he would be ready for a
public hearing if one would be scheduled? Mr. Lancaster stated that "as soon as possible".
Richard Adams stated that he can not speak for everyone but that he represents many of owners
in the area and they would like to see Pulte as the builder and requests some consideration for the
request to go forward.
Steve Simonson stated that the dates have been scheduled if the request is forwarded. The public
hearing for the P & Z is on March 10, the City Council public hearing on March 17, 1998.
Pia Jarman asked if the Traffic Impact Analysis had to be available at the time of public hearing?
Steve Simonson stated that the analysis has to be a part of the packet at the time of public
hearing.
David Richmond asked if Mr. Lancaster is aware of the type of analysis that is required for the
public hearing. Steve Simonson stated that Mr. Lancaster is aware of the city ordinance on the
Traffic Impact Analysis and will have what is needed at the time of public hearing.
Mike Domgard stated that once the P & Z Commission rules on the change of zoning in a
particular area, can the zoning be changed? Steve Simonson stated that the zoning change is a
legal document and it can not be changed.
Pia Jarman moved that the Commission forward to City Council and request that public hearings
be scheduled on the request from Kermit G. Harborth to rezone a portion of 40.66 acres from R-
1 to R-2 bounded by FM 3009 and Green Valley Road. Tony Moreno seconded the motion that
carried unanimously.
#11 Consider and Take Appropriate Action: Request from the Planning and Zoning
Commission, City of Schertz, to rezone 77 acres of the Besch property (formerly North Wood
Subdivision) located approximately 1650' east of FM 3009, bordered on the south by Green
Valley Road, on the west by Kermit G. Harborth property, on the north by Simmons property
and on the east by Frederick Schlather property. (ZC #151-98).
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Steve Simonson stated that this request has been in discussion by the Planning and Zoning
Commission for the last five to six months. This subdivision (North Wood) at the present has the
zoning of R-5, Office & Professional and 11 acres of multi-family since the late 80's and no
development has taken place. The zoning in the area presents many problems if a developer
would propose development to the current zoning. A general outline has been given of the
location and a letter is submitted by Mr. Domgard and Pat Gauntt requesting that the area be
zoned to its original zoning of R-1. If the request goes forward the city will provide the metes
and bounds.
Gary Wallace commented that the condition of Green Valley Road dictates that something other
than R-5 be done in the area. Steve Simonson stated that there is a complete change in the
economics of the area, the housing quality of the area, so the current zoning for the area is
inadequate.
Joyce Briscoe stated that the re-structuring committee at the High School is asking what is going
to be done with all the kids. Does the city build another High School? That costs a lot of money.
So lets slow down the growth. Steve Simonson stated that it is hard to slow down growth
because the city can not tell one person you can sell your land and tell another person you can't.
Steve commented that the city can plan and direct growth and that's the key to the type of city
that is wanted. The city needs to provide for all the citizens and he feels the city is doing a good
job.
David Richmond asked Steve if he had any idea what the property owner's feelings were? Steve
Simonson stated he did not, but all that would come out at the public hearings. The property
owner's will be notified. David Richmond stated that the timing is perfect for the zone change
with the proposal from Mr. Lancaster.
Ernie Evans commented that in the city's UDC there is a checklist that the Commission will be
compelled to answer. The items have been answered and he feels there is no reason not to go
forward with the request.
Gary Wallace moved that the Commission forward the request from the Planning & Zoning
Commission to rezone 77 acres of the Besch property (formerly North Wood Subdivision)
located approximately 1650' east of FM 3009, bordered on the south by Green Valley Road, on
the west by Kermit G. Harborth property, on the north by Simmons property and on the east by
Frederick Schlather to the City Council recommending public hearing be scheduled. Tony
Moreno seconded the motion that carried unanimously.
#12 General Discussion:
Tonv Moreno
Tony commented on the meeting of the Tax Increment Finance (TIF} Group. The cost of
widening Schertz Parkway and getting bids from contractors as to the cost is in process. The
widening will be from IH 35 to Live Oak Road. Mr. Bierschwale estimated the cost would be
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around 2.4 million dollars. They are considering five lanes, which is option number one. An
alternate is having lights in the middle of the street and islands. A walking path on one side and a
sidewalk on the other. Another option would be four-lanes with a turning lane. This will depend
on the cost and the plan is progressing. Pia Jarman stated that option two is what was discussed
in some detail at the joint meeting of the P&Z Commission and TIF.
Gary Wallace
Gary had no comments.
Joyce Briscoe
Joyce had no comments.
Pia Jarman
Pia stated that because of what happened at the Board of Adjustment meeting not having a
quorum. She suggested that the Planning and Zoning Commission consider appointing an
alternate to the Commission. The Commission has not had a problem but if the Commission gets
down to a bare quorum that might cause problems because there are some issues that need four
concurring votes. She added that BOA would require that the alternate member attend all the
meetings. Planning and Zoning Commission can do the same if there are not enough regular
members to form a quorum. David stated that the Commission is trying to take care of a
contingency that he has never seen happen in the time he has served as Commissioner. Tony
mentioned he remembers that happening once, when he was late.
David Richmond asked if the city could have legal problems for not having a meeting. Steve
Simonson stated it happens very irregularly and no one can come back legally because it is a
non-paid Commission and volunteer citizen participation. Steve added that the current
Commission members have been good at attending meetings.
David Richmond
David mentioned that many of the streetlights along IH 35 are out making it a very poor lit area
when traveling at the very early hours of the morning and evening traveling. Another area of
concern is the area along FM 78 to Cibolo Creek. David asked if the city could ask TXDOT to
come out to check the light situation on IH 35. Steve commented that TXDOT is good in coming
out to take care of the lights and he will check into it.
Ken Greenwald
Ken stated that to his knowledge GVEC has fixed the lights along FM 78 about three or four
days ago.
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Steve Simonson
Steve stated that Mr. Sweatt requested that the Commissioners receive the article (The Trouble
with Zoning) from the Governing magazine to be part of the packet for review. The article is
interesting and informative. Steve commented that the city has very stringent zoning
requirements but some of the zoning in conjunction to the article and to the "Zoning Report"
makes this some "food for thought".
Steve also passed out some information from the APA's policy on Manufactured homes and
information on group homes (i.e. handicap, halfway houses}. This is additional information in
"food for thought" that is well researched on policy guides and it might be something the city
will want to add to the UDC. The information gives the city some options in dealing with this
type of request when it arises.
Ernie Evans
Ernie commented on issues not in the city's UDC. Because it is not in the UDC does not mean
that the Commission can not hear the request. Several of the issues in zoning and the changes in
the city need to be looked at and if changes or revisions need to be made to the UDC. There are
several issues that the Commission would like to bring up to speed and addressed and will do so
as the city grows.
Ernie commented on an article on apartment complexes. The article mentions the San Antonio
corridor for apartment complexes and what is happening in the corridor for the city. We are
going to see this come up IH 35. The article is interesting and formative on this issue. Ernie also
commented that in the city of San Marcos' there is an apartment complex that is done very
nicely. This is the type of commuter project that the article describes for the corridor in San
Antonio, and is similar to what was proposed for Schertz up at IH 35 and FM 3009.
#13 Adjournment:
David moved to adjourn the meeting. Gary Wallace seconded the motion that carried
unanimously. The meeting adjourned at 8:45 p.m.
` - Y
Chairman, Planning and Zo ' g Commission
ATTEST:
Planning Secretary, City of Schertz
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