4. JOINT PUBLIC HEARING
A. Z-18-001 – Re-Zone - Trumbal Townhomes being a total of 1.83 acres of land out of the Francisco Villarreal Survey No. 309, Abstract No. 776, County Block 5048, City of Live Oak, Bexar County, Texas, and being a portion of a called 3.585 acre tract as described in Deed Recorded in Volume 13027, Page 1950, Official Public Records, Bexar County, Texas. The property is located west of Old Spanish Trail and North of Trumbal Road. Applicant has submitted a Re-zone request to rezone the property from an unclassified Pre-Development (PD) to an R-4 Town House Residential development.
Mayor Mary M. Dennis read the legal description for the official record.
a. Applicant Presentation (20 minutes)
Ms. Matney introduced Robert “Bo” Broll to present the “Applicant Presentation” and invited Mr. Broll to the podium. Robert “Bo & Brooke Broll – Broll Homes offered the following presentation followed by a Q&A:
- Thanked the Council and Commission for the consideration under zoning request Z18-001-Trumbal Townhomes
- Broll Homes has been in business for 25 years and has built over 250 homes
- Phase I is currently zoned as two different zones; requesting the 1.83 acre to be zoned to R-4
- 43 Units (3 Bedrooms, 2.5 bath) in Phase I are proposed; each unit would have a single car garage
- The driveway will serve as the second parking space to be in compliance with the R-4 parking requirements
- A Homeowners Association will be established to maintain upkeep and control within the townhome community.
- Average rent would be $1,400 per month
Q&A Council
Mayor Mary M. Dennis asked the name of the owner for both properties to be re-zoned; Mr. Broll stated both properties are under contract by Broll Homes. Mayor Dennis continued by asking for clarification on the location of the proposed cul-de-sac.
Councilman Dahl asked if the swimming pool was part of the land purchase; Mr. Broll confirmed it was included in the purchase. He added he was in support of this request and the overall use of the property.
Councilman Tullgren concurred with support and the overall use of the property.
Hearing no further questions from the Council; Mayor Dennis turned the Q&A to Chairman Hovermale and the Commissioners.
Chairman Hovermale asked for additional questions or comments from the Commission.
Q&A Commission
Alt. Commissioner Woppert asked if the townhome community would be a gated property; Mr. Broll stated the community would not be gated at this time. Commissioner Umphlett reconfirmed the plans for one entry off of Old Spanish Trail in Phase I; Mr. Broll stated a new street would be constructed off of Trumbal and end in a cul-de-sac. Phase II would have an entry from Old Spanish Trail that will loop around the townhomes and exit from the same point.
Commissioner Umphlett asked if the approval of the re-zone was contingent on the sale of the property; Mr. Broll answered “yes.”
Commissioner Glowacz asked if the units would be rental or individually owned structures; Mr. Broll stated each building would be sold separately. Mr. Broll continued by stating 80% would be owned.
b. Staff Presentation
Jordan Matney, Assistant City Manager introduced the Joint Public Hearing item with a presentation with the following points:
- Application request made by Robert Broll with Broll Homes
- Property is located at the end of Old Spanish Trail and is currently a vacant lot
- 1.83 Acres out of a total of 3.585 acres currently under a purchase contract
- The remaining 1.755 acres is already zoned R-4 Town House Residential District
- Mr. Broll is requesting to zone the 1.83 acres from PD Pre-Development to an R-4 Town House District to conform the remaining property.
- Broll Homes plans to construct Townhouses on the property
- Provided the regulations of a R-4 Town House Residential District: Maximum Height 2.5 stories, maximum density is 12 units per acre
- Project would have a total of 43 units allowed under R-4
- Applicant will be submitting an R-4 zoning request for the remaining property in October
- If the zoning request is approved in October, the maximum number of units for the project will not exceed 101
- The combination of units within the structure shall not exceed 10 units nor be less than 3 units
- Setback and parking requirements will be adhered to within the R-4
c. Proponents and Opponents (2 minutes each)
Gwendolyn Stallins – 7815 Trumbal – asked the Council and Commission if the City had considered other use options for this property; adding the project would cause too much growth and additional traffic concerns. Ms. Stallins asked for staff to provide the 200 feet property owners the builder’s intention through a rendition of the proposed structures.
Councilman Dahl asked Ms. Matney about the property of Donella Scarboro and the concern she submitted in written format about an access easement from her property off of Bovis Court; Ms. Matney stated Ms. Lowder will read all written public notices during this process.
Ms. Matney continued by pointing out the easement and the Bovis Court property in question; the Townhome project will be required to have an assess easement to the Bovis Court property. The Bovis Court property owner has the right to re-plat their property to one large plat should they so choose.
Councilman Dahl asked if there was a current access easement to be maintained; Mr. Broll interjected it is mentioned in the deed.
Ms. Lowder read the two returned written public notices for the official record.
- Donella Scarboro – 7811 Bovis Court
COMMENT: “opposed to the project, is there a right of way”)
- Ricardo & Dora Rohde – 7809 Trumbal
COMMENT: “opposed to the high volume of crime rates, more traffic, higher tax rates and overall effect. This is a quiet neighborhood and we want to keep it this way. The streets are too small for that much traffic.”
- Public Notices that were returned due to insufficient address:
-
Kelly J. Cash – 7807 Bovis Court
- Julia Kim – 7808 Bovis Court
- Christine Langenfeld – 7811 Trumbal
Mayor Mary Dennis asked how many public notices were mailed out for Z18-001; Ms. Lowder answered 25 public notices were mailed.
Ms. Matney interjected that along with the public notices mailed out to the 200 feet property owners, two legal ads were placed in the Northeast Herald for two consecutive weeks. She continued by stating this request is the first request for said property by the owner or his representative. The R-4 Townhomes Residential District is a moderate zoning and conforms the surrounding single family and multi-family property surrounding its borders. The owner’s initial rendition of the site plan is very preliminary and staff will not have the official plans for the build until they submit for permitting. At that time, a thorough plans review will be conducted by the Building Official, Fire Inspector and Planning & Zoning staff to ensure compliance with city codes, building and fire codes.
Ms. Matney concluded by stating should the Planning and Zoning Commission vote to make a recommendation to City Council for approval; City Council will make a final decision on Tuesday, September 25, 2018 at the regular meeting of the City Council.
5. ADJOURNMENT
A motion to adjourn the Joint Public Hearing made by Councilman Cimics; seconded by Councilman Dahl.
5. CONSENT AGENDA
6. PUBLIC HEARING ITEM
Chairman Hovermale opened the Public Hearing portion at 7:05 p.m. by reading the legal description for the official record.
A. P-18-005 – LIVE OAK TOWN CENTER, LOT 3 REPLAT being a total of 22.588 acres located in the City of Live Oak, Bexar County, Texas; establishing lots 30, 31, 32 in Bexar County. Being Lot 3 of the Live Oak Town Center Recorded in Volume 9724, Page 23-29 of the Deed and Plat Records of Bexar County, Texas, out of the Jose Maria Ocon Survey No. 279, Abstract No. 864, County Block 5042 and Francisco Villarreal Survey No. 309, Abstract No. 776, CB 5048. Lot 3 will be subdivided and will establish three new lots; Lots 30 (11.078 acres) & 31 (4.794 acres) and 32 (6.716 acres) for future development.
Chairman Hovermale opened the Public Hearing portion at 7:05 p.m. by reading the legal description for the official record.
a. Applicant Presentation (20 minutes)
Travis McCoy, Project Manager - Pape-Dawson Engineers – representing the owner, LOTC Holdings. Mr. McCoy offered to answer any questions from the Commission.
Q&A
Commissioner Umphlett asked if the three lots have been acquired by a potential business; Mr. McCoy stated the re-plat would be for future development.
c. Proponents and Opponents (2 minutes each)
Ms. Jordan stated staff had mailed 75 public notices to the property owners within 200 feet of The Town Center Lot 3 and several proponents and opponents have signed up to speak.
Ms. Lowder called out the names of the proponents or opponents for comment:
- Anthony Pena – 13818 Blakeville – No comment
- Cesario & Laurie T. Gonzales – 13816 Blakeville – Who will maintain the grass at the rear 8 foot fence between the commercial and residential lots; Ms. Matney stated the fence would be built on the property line and the responsibility of the property owner.
Ms. Lowder continued by reading the public comments that were mailed to staff for the official record.
- Hernandez Living Trust – 13806 Blakeville – (Marked as opposed with no comment)
- IKEA Property – (Marked as Neutral with no comment)
- Bridlewood HOA – Returned via U.S. Postal Service
- Arturo V. Ferrer – 13814 Blakeville – Returned via U.S. Postal Service-No return address
- Jose Solis – 13513 Cranbrook – Returned via U.S. Postal Service-No return address
- Yu Xiang & Joana Chua – 13909 Blakeville - Returned via U.S. Postal Service-No return address
d. Questions and Comments by Commissioners
Commissioner Umphlett asked if the three lots have been acquired by a potential business; Mr. McCoy stated the re-plat would be for future development. Commissioner Umphlett asked if the Town Center would have a retaining wall dividing the commercial property and the residential properties; Mr. McCoy stated the owners are undecided if a retaining wall will be built.
Ms. Matney added the City’s Ordinance would require an 8 foot fence between commercial and residential only.
Commissioner Kochan asked staff for the rear setback distance from the Bridlewood Subdivision properties; Ms. Matney stated the code provides the minimum of 25 feet from the rear setback.
Ms. Matney added staff does recommend approval of the re-plat for P18-005 – Live Oak Town Center Lot 3.
7. NEW BUSINESS
C. P-18-004 – ROCHA SUBDIVISION FINAL PLAT - Discussion and Possible Action regarding P-18-004 – A. Rocha Subdivision Preliminary Plat – Being a 0.271 Acre tract of land establishing Lot 54, Block 41, CB 5048, Live Oak, Bexar County, Texas. Being out of the Francisco Survey 309, Abstract 776, Situated in County block 5048, in the City of Live Oak, Bexar County, Texas as shown in Volume 4727, Page 950 of the Deed and Plat Records of Bexar County, Texas.
Chairman Hovermale read the legal description for the record.
Ms. Matney reminded the Commissioners that P18-004 Re-Plat was presented during a Public Hearing in June and the owner, Angel Rocha is making this request to build a single family home conformed to the existing neighborhood on Welcome Drive. Staff has received the approval from the City Engineer’s office and have no objections to the approval of P18-004.
Hearing no further questions from the Commissioners; called for a motion.
Motion was made by Vice Chairman Johnson to approve P18-004 Re-Plat final; seconded by Commissioner Glowacz.
VOTE FOR: Commissioners Glowacz, Kochan and Umphlett; and Vice Chairman Johnson and Chairman Hovermale. PASSES 5/0
D. GENERAL ANNOUNCEMENTS AND DISCUSSION
Sep 20, 2018 Planning & Zoning Commission Joint Public Hearing with City Council
4. JOINT PUBLIC HEARING
A. Z-18-001 – Re-Zone - Trumbal Townhomes being a total of 1.83 acres of land out of the Francisco Villarreal Survey No. 309, Abstract No. 776, County Block 5048, City of Live Oak, Bexar County, Texas, and being a portion of a called 3.585 acre tract as described in Deed Recorded in Volume 13027, Page 1950, Official Public Records, Bexar County, Texas. The property is located west of Old Spanish Trail and North of Trumbal Road. Applicant has submitted a Re-zone request to rezone the property from an unclassified Pre-Development (PD) to an R-4 Town House Residential development.
Mayor Mary M. Dennis read the legal description for the official record.
a. Applicant Presentation (20 minutes)
Ms. Matney introduced Robert “Bo” Broll to present the “Applicant Presentation” and invited Mr. Broll to the podium. Robert “Bo & Brooke Broll – Broll Homes offered the following presentation followed by a Q&A:
- Thanked the Council and Commission for the consideration under zoning request Z18-001-Trumbal Townhomes
- Broll Homes has been in business for 25 years and has built over 250 homes
- Phase I is currently zoned as two different zones; requesting the 1.83 acre to be zoned to R-4
- 43 Units (3 Bedrooms, 2.5 bath) in Phase I are proposed; each unit would have a single car garage
- The driveway will serve as the second parking space to be in compliance with the R-4 parking requirements
- A Homeowners Association will be established to maintain upkeep and control within the townhome community.
- Average rent would be $1,400 per month
Q&A Council
Mayor Mary M. Dennis asked the name of the owner for both properties to be re-zoned; Mr. Broll stated both properties are under contract by Broll Homes. Mayor Dennis continued by asking for clarification on the location of the proposed cul-de-sac.
Councilman Dahl asked if the swimming pool was part of the land purchase; Mr. Broll confirmed it was included in the purchase. He added he was in support of this request and the overall use of the property.
Councilman Tullgren concurred with support and the overall use of the property.
Hearing no further questions from the Council; Mayor Dennis turned the Q&A to Chairman Hovermale and the Commissioners.
Chairman Hovermale asked for additional questions or comments from the Commission.
Q&A Commission
Alt. Commissioner Woppert asked if the townhome community would be a gated property; Mr. Broll stated the community would not be gated at this time. Commissioner Umphlett reconfirmed the plans for one entry off of Old Spanish Trail in Phase I; Mr. Broll stated a new street would be constructed off of Trumbal and end in a cul-de-sac. Phase II would have an entry from Old Spanish Trail that will loop around the townhomes and exit from the same point.
Commissioner Umphlett asked if the approval of the re-zone was contingent on the sale of the property; Mr. Broll answered “yes.”
Commissioner Glowacz asked if the units would be rental or individually owned structures; Mr. Broll stated each building would be sold separately. Mr. Broll continued by stating 80% would be owned.
b. Staff Presentation
Jordan Matney, Assistant City Manager introduced the Joint Public Hearing item with a presentation with the following points:
- Application request made by Robert Broll with Broll Homes
- Property is located at the end of Old Spanish Trail and is currently a vacant lot
- 1.83 Acres out of a total of 3.585 acres currently under a purchase contract
- The remaining 1.755 acres is already zoned R-4 Town House Residential District
- Mr. Broll is requesting to zone the 1.83 acres from PD Pre-Development to an R-4 Town House District to conform the remaining property.
- Broll Homes plans to construct Townhouses on the property
- Provided the regulations of a R-4 Town House Residential District: Maximum Height 2.5 stories, maximum density is 12 units per acre
- Project would have a total of 43 units allowed under R-4
- Applicant will be submitting an R-4 zoning request for the remaining property in October
- If the zoning request is approved in October, the maximum number of units for the project will not exceed 101
- The combination of units within the structure shall not exceed 10 units nor be less than 3 units
- Setback and parking requirements will be adhered to within the R-4
c. Proponents and Opponents (2 minutes each)
Gwendolyn Stallins – 7815 Trumbal – asked the Council and Commission if the City had considered other use options for this property; adding the project would cause too much growth and additional traffic concerns. Ms. Stallins asked for staff to provide the 200 feet property owners the builder’s intention through a rendition of the proposed structures.
Councilman Dahl asked Ms. Matney about the property of Donella Scarboro and the concern she submitted in written format about an access easement from her property off of Bovis Court; Ms. Matney stated Ms. Lowder will read all written public notices during this process.
Ms. Matney continued by pointing out the easement and the Bovis Court property in question; the Townhome project will be required to have an assess easement to the Bovis Court property. The Bovis Court property owner has the right to re-plat their property to one large plat should they so choose.
Councilman Dahl asked if there was a current access easement to be maintained; Mr. Broll interjected it is mentioned in the deed.
Ms. Lowder read the two returned written public notices for the official record.
- Donella Scarboro – 7811 Bovis Court
COMMENT: “opposed to the project, is there a right of way”)
- Ricardo & Dora Rohde – 7809 Trumbal
COMMENT: “opposed to the high volume of crime rates, more traffic, higher tax rates and overall effect. This is a quiet neighborhood and we want to keep it this way. The streets are too small for that much traffic.”
- Public Notices that were returned due to insufficient address:
-
Kelly J. Cash – 7807 Bovis Court
- Julia Kim – 7808 Bovis Court
- Christine Langenfeld – 7811 Trumbal
Mayor Mary Dennis asked how many public notices were mailed out for Z18-001; Ms. Lowder answered 25 public notices were mailed.
Ms. Matney interjected that along with the public notices mailed out to the 200 feet property owners, two legal ads were placed in the Northeast Herald for two consecutive weeks. She continued by stating this request is the first request for said property by the owner or his representative. The R-4 Townhomes Residential District is a moderate zoning and conforms the surrounding single family and multi-family property surrounding its borders. The owner’s initial rendition of the site plan is very preliminary and staff will not have the official plans for the build until they submit for permitting. At that time, a thorough plans review will be conducted by the Building Official, Fire Inspector and Planning & Zoning staff to ensure compliance with city codes, building and fire codes.
Ms. Matney concluded by stating should the Planning and Zoning Commission vote to make a recommendation to City Council for approval; City Council will make a final decision on Tuesday, September 25, 2018 at the regular meeting of the City Council.
5. ADJOURNMENT
A motion to adjourn the Joint Public Hearing made by Councilman Cimics; seconded by Councilman Dahl.
5. CONSENT AGENDA
6. PUBLIC HEARING ITEM
Chairman Hovermale opened the Public Hearing portion at 7:05 p.m. by reading the legal description for the official record.
A. P-18-005 – LIVE OAK TOWN CENTER, LOT 3 REPLAT being a total of 22.588 acres located in the City of Live Oak, Bexar County, Texas; establishing lots 30, 31, 32 in Bexar County. Being Lot 3 of the Live Oak Town Center Recorded in Volume 9724, Page 23-29 of the Deed and Plat Records of Bexar County, Texas, out of the Jose Maria Ocon Survey No. 279, Abstract No. 864, County Block 5042 and Francisco Villarreal Survey No. 309, Abstract No. 776, CB 5048. Lot 3 will be subdivided and will establish three new lots; Lots 30 (11.078 acres) & 31 (4.794 acres) and 32 (6.716 acres) for future development.
Chairman Hovermale opened the Public Hearing portion at 7:05 p.m. by reading the legal description for the official record.
a. Applicant Presentation (20 minutes)
Travis McCoy, Project Manager - Pape-Dawson Engineers – representing the owner, LOTC Holdings. Mr. McCoy offered to answer any questions from the Commission.
Q&A
Commissioner Umphlett asked if the three lots have been acquired by a potential business; Mr. McCoy stated the re-plat would be for future development.
c. Proponents and Opponents (2 minutes each)
Ms. Jordan stated staff had mailed 75 public notices to the property owners within 200 feet of The Town Center Lot 3 and several proponents and opponents have signed up to speak.
Ms. Lowder called out the names of the proponents or opponents for comment:
- Anthony Pena – 13818 Blakeville – No comment
- Cesario & Laurie T. Gonzales – 13816 Blakeville – Who will maintain the grass at the rear 8 foot fence between the commercial and residential lots; Ms. Matney stated the fence would be built on the property line and the responsibility of the property owner.
Ms. Lowder continued by reading the public comments that were mailed to staff for the official record.
- Hernandez Living Trust – 13806 Blakeville – (Marked as opposed with no comment)
- IKEA Property – (Marked as Neutral with no comment)
- Bridlewood HOA – Returned via U.S. Postal Service
- Arturo V. Ferrer – 13814 Blakeville – Returned via U.S. Postal Service-No return address
- Jose Solis – 13513 Cranbrook – Returned via U.S. Postal Service-No return address
- Yu Xiang & Joana Chua – 13909 Blakeville - Returned via U.S. Postal Service-No return address
d. Questions and Comments by Commissioners
Commissioner Umphlett asked if the three lots have been acquired by a potential business; Mr. McCoy stated the re-plat would be for future development. Commissioner Umphlett asked if the Town Center would have a retaining wall dividing the commercial property and the residential properties; Mr. McCoy stated the owners are undecided if a retaining wall will be built.
Ms. Matney added the City’s Ordinance would require an 8 foot fence between commercial and residential only.
Commissioner Kochan asked staff for the rear setback distance from the Bridlewood Subdivision properties; Ms. Matney stated the code provides the minimum of 25 feet from the rear setback.
Ms. Matney added staff does recommend approval of the re-plat for P18-005 – Live Oak Town Center Lot 3.