04-01-1986 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission and City Council conducted a Joint
Public Hearing on Tuesday, April 1, 1986 in the Municipal Complex Council
Chambers, 1400 Live Oak Road. Members present were as follows:
PLANNING & ZONING COMMISSION CITY COUNCIL
BOB ANDREWS, VICE-CHAIRMAN EARL SAWYER, MAYOR
JAMES HARDEN, SECRETARY CHUCH SHARPE
MERWIN WILLMAN ADOLPH AGUILAR
TY BRISGILL KEN GREENWALD
DAVID ALLEN HAL BALDWIN
DONALD WILSON RAY STANHOPE
MEMBERS ABSENT OTHERS PRESENT
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THOMAS YARLING, CHAIRMAN COY SIMMONS
TONY SIMMONS
CITY STAFF RANDY RAMSEUR
STEVE SIMONSON, PLANNING .COORDINATOR
NORMA ALTHOUSE, RECORDING SECRETARY
JUNE KRAUSE, CITY SECRETARY
#1 CALL TO ORDER
Mayor Sawyer called the meeting to order at 7:00 P.M, and turned the meeting over
to the Planning and Zoning Vice-Chairman, Bob Andrews.
#2 PUBLIC HEARING: Zoning Change #79 .
To receive input from the public on a request by Coy Simmons to rezone a parcel
of land located along Jack Hays Boulevard known as Oak Forest Unit 4, being 2.087
acres of land out of the R. Martin and J.F. Walker Survey No. 118, Abstract No.
245, Guadalupe County, Texas from the present Residential Zoning to Office and
Professional Zoning. The land is bordered by FM 3009 (Jack Hays Blvd.), Lazy Oak,
Crest Oak and Circle Oak Drive.
The minutes of this public hearing are a duplication of the City Council minutes.
#3 GENERAL DISCUSSION
There was none.
#4 ADJOURNMENT OF PUBLIC HEARING
Vice-Chairman Andrews turned the meeting back over to Mayor Sawyer who adjourned
the Public Hearing at 8:20 P.M.
The Planning and Zoning Commission reconvened in a special session, after the
Joint Public Hearing, in the Municipal Complex Conference Room.
#5 CALL TO ORDER
Vice-Chairman Andrews called the meeting to order at 8:29 P,M.
#6 CITIZENS' INPUT OTHER THAN PUBLIC HEARING ITEMS ON AGENDA
There was none.
#7 CONSIDER AND MAKE RECOMh1ENDATION: Zoning Change #79
James Harden noted that on the proposed plan from Coy Simmons, the drainage is
not an open ditch, but underground boxed culverts.
Ty Brisgill asked how the size of the culvert is determined. Steve Simonson
replied it is based on the 100 Year Floodplain taking into .consideration the
ultimate flow.
David Allen expressed concern about flooding in the area, but said he had mixed
emotions about what Mr. Simmons proposed to do.
Merwin Willman commented that if you want the view, you buy it.
Vice-Chairman Andrews pointed out that the same problems concerning drainage and
entrances will be there regardless of the zoning, be it Residential or Office
and Professional.
Steve Simonson remarked that, in effect, the Overlay Ordinance had taken away the
possibility of Residential zoning..
Vice-Chairman Andrews asked if this was because of the setback requirements and
Steve Simonson replied yes.
Vice-Chairman Andrews said he concurred with the drainage and floodplain problems,
'but asked what the difference was between putting three office and professiona l
buildings there or a much larger number of residential dwellings, pointing out
that the office and profession buildings were less in number.
David Allen questioned what was the best use of the property since residential
could not be put there.
Steve Simonson commented that residential would require a serious ordinance
variance.
James Harden questioned whether Lazy Oak has a 50' right-of-way. Vice- Chairman
Andrews replied that according to the citizens, seventeen foot of the right-of-way
is in their front yard.
There was a brief discussion on right-of-ways in front yards.
James Harden commented that Circle Oak is narrow coming onto FM 3009 and asked if
it wouldn't have to be widened. Steve Simonson said that issue would have to be
addressed in the platting.
David Allen remarked that neither Circle Oak nor Crest Oak.is adequate.
James Harden commented that if the drainage makes a sharp turn it will create a
bottleneck.
Merwin Willman commented. he thinks once Mr..Simmons gets int.n the engineering
end of it, he will see it's a lot more work than he thought it was.
Vice-Chairman Andrews, referring to getting ,everyone out in an emergency, asked
if there was no proposed plan to widen Crest Oak and Circle Oak. Steve Simonson
replied we would have to hold them to all those restrictions on the plat.
There was more discussion on the drainage-and the widening of Crest Oak and
Circle Oak.
Ty Brisgill asked if there were any letters from people not here. Steve
Simonson replied no.
Steve Simonson commented the ordinance does say a fence is required between Office
and Professional and' Residential when Office and Professional abuts Residential.
Vice-Chairman Andrews said the question would be does it abut.
Vice-Chairman Andrews asked if there was any feedback from the Staff. Steve
Simonson replied the Staff was neutral - they all recognize the problem.
Donald Wilson remarked that what we are faced with'~is a zoning that cannot be
.applied and a request for rezoning.
Merwin Willman commented all zoning used to come in as R-1.
Donald Wilson said-the main objection of the residents is the flooding and
drainage problem.
David Allen pointed out that will be the same regardless of the zoning.
Donald Wilson said-the other objection is the view on FM 3009 which is, anyway,
rapidly disappearing.
Ty Brisgill commented one of their objections also was the increase in traffic.
James Harden asked what Mr. Simmons rezoning request was when he appeared previ-
ously several years ago. Merwin Willman replied he thought it was Office and
Professional.
David Allen asked what happened. Merwin Willman replied it was disapproved, but
he could find no reason given.
Donald Wilson asked if we are going to make a decision.
Merwin Willman said we have ten days to make a recommendation.
Vice-Chairman Andrews reminded the Commission they did have the option to table
it until the next regularly scheduled meeting on April 8, 1986.
Donald Wilson commented he would rather look at an office building than a con-
venience store.
David Allen said a convenience store could not be put in Office and Professional
Zoning.
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Vice-Chairman Andrews remarked that Mr. Simmons emphasized he would guarantee
this plan.
David Allen said he wanted to break a rule and ask the Oak Forest residents some
questions. Mr. Allen asked them what they thought the. property could be used. for.
Among the various answers were - we want nothing, we want residential or garden
homes as long as they face the existing homes, and the most popular answer being
we want a park.
Ty Brisgill concurred with the residents that Schertz needs a park in that
direction, but he questioned the safety of a park next to what is eventually going
to be a five-lane thoroughfare.
David Allen asked the residents if they had discussed the possibility of a park
with Coy Simmons. Some said yes; but no agreement had been reached. Others said
when they bought their homes, Mr. Simmons told them that area had been designated
as a park, but they have nothing in writing.
There was further discussion bringing up such things as the possibility of Coy
Simmons either selling or donating the land to the City, the fact that the
residents had been promised a nice entrance to their subdivision, and the fact
that if the Office and Professional Zoning is approved, there is no guarantee
Mr. Simmons will put up office buildings - there are other things on the list
that are allowed in that zoning.
Vice-Chairman Andrews, stating he wasn't sure it could be done, asked the residents
if the plan presented by Coy Simmons for office buildings, drainage and entrances
was guaranteed in writing, would that be acceptable. The answer was no.
There was a brief discussion on the buffer zone with David Allen telling the
residents the Overlay Ordinance had been passed to prevent FM 3009 from becoming
another Pat Booker Road.
Donald Wilson made a motion to recommend to City Council disapproval of Zoning
Change #79, a request by Coy Simmons to rezone 2.087 acres of land known as Oak
Forest, Unit 4 from. Residential to Office and Professional. Reasons being, the
concensus of the population that lives in Oak Forest does not feel that the pro-
posed office buildings fit the mores or family environmental conditions of the
area. Also, there is no specific reason for rezoning - only that the land is
unutilized.
David Allen seconded the motion and vote. was as follows:
Ayes: James Harden, Merwin Willman, David Allen, Donald Wilson
Nays: Ty Brisgill
#8 CONSIDER AND TAKE APPROPRIATE ACTION: Vaughan Homes - Request to Place Ten
Bandit Signs Along FM 3009 Between FM 78
and IH 35 to Advertise Silvertree Park
Subdivision
Vice-Chairman Andrews commented this had been discussed previously, but had not
been submitted in time to be put on the agenda.
Donald Wilson made a motion to approve the request from Vaughan Homes to place
ten bandit signs along FM 3009 between FM 78 and IH 35 to advertise Silvertree
Park Subdivision. David Allen seconded the motion and the vote was unanimous in
favor.
#9 CONSIDER AND TAKE APPROPRIATE ACTION: Supergraphicsigns - Request for a Temporary
Development Sign in Front of Woodland Oaks
David Allen and Donald Wilson both remarked they did not care for the signs.
Vice-Chairman Andrews asked if this is the same developer that has the sign at
Savannah Square advertising the shopping center. The answer was yes.
Donald Wilson asked if we cited him for the other sign. Steve Simonson replied
no we did not.
Donald Wilson made a motion to disapprove the request from Supergraphicsigns for a
temporary development sign in front of Woodland Oaks based on their previous record
of not following proper procedure and knowingly violating the ordinance.
Merwin Willman asked if we're going to penalize him for violating the ordinance
one time.
David A11en asked if he owns the property and Steve Simonson replied he has an
option on it.
Vice-Chairman Andrews reminded the Commission there was a motion on the floor and
they needed either a second or a withdrawal of the motion.
James Harden commented the developer is doing as we ask him this time.
Merwin Willman pointed out .if we find something wrong, we can call it to the
attention of the appropriate people and let them take care of it.
Vice-Chairman Andrews noted that the motion died for failure of a second.
David Allen made a motion to approve .the request from Supergraphicsigns for a
temporary development sign in front.of Woodland Oaks, stipulating the following:
A. Removal of previous sign
B. For the period of time of his option on the property
Vice-Chairman Andrews pointed out we do not know for sure - he may have bought the
land.
David Allen amended stipulation B of the motion to read .for a period of one year
from April 1, 1986 and then, if needed, apply for an extension.
Ty Brisgill asked if, legally, we could make him remove the previous sign as a
stipulation to granting this request. Steve Simonson replied he thought that
was putting us in a sticky situation.
David Allen amended the motion to read - approve the request from Supergraphicsigns
fora temporary development sign in front of Woodland Oaks for a period of one year
from April 1, 1986 and then, if needed, apply for an extension.
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Ty Brisgill seconded the motion and the vote was as follows:
Ayes: James Harden, Merwin Willman, Ty Brisgill, David Allen
Nays: Donald Wilson
#10 GENERAL DISCUSSION
David Allen asked if the City owns the lot at the end of Marilyn Drive - he had
seen someone mowing. Steve Simonson replied no the City does not own it, but
he thought they mowed the right-of-way.
David Allen asked if it was an easement or an alley behind 200 Marilyn. He
commented a friend of his lives there and the gas company had been working and
left a mess in the alley and/or easement and Mr. Allen felt someone should take
a look.
Steve Simonson commented the gentleman should have called the City Inspector -
we can make the utility people renew the land. Mr. Simonson said he would check
into it.
Donald Wilson asked if there had been any progress with Lone Star regarding the
tapered land approach to their store on Jack Hays Boulevard.
Steve Simonson said the contractor did not do what he was supposed to do. Mr.
Simonson said he had been in contact with the contractor. and the contractor is
supposed to get back in touch with him. Mr. Simonson also said he hoped we did
not have to go to litigation over this, but Lone Star is the first, the model,
and we need to make them conform.
Donald Wilson asked if there were any diagrams available of designated park areas
in the City. Steve Simonson said he would check into it.
Merwin Willman said several years. ago-the state said a certain amount of area
should be designated as park and it was in our ordinance. .Later we took it out
because it was considered unconstitutional. Then the Supreme.Court reversed it's
decision; but we've not put it back in the ordinance.
Donald Wilson asked if`the date had been decided for the FM 1518 tour. Steve
Simonson said he was unsure, but the members would be notified.
Ty Brisgill reported that one of his neighbors had to use the services of SAFES
and he was very impressed with their services. Mr. Brisgill said they were very
professional and he was expressing thanks.
Merwin Willman passed out copies of an article in the paper about Albertsons
building a center off IH 35. Mr. Willman commented that the article did not say
that Schertz is one of three sites being considered. Mr. Willman said it is
encouraging.
Vice-Chairman Andrews said he heard a rumor that Ray Ellison had bought up a large
amount of acreage behind Randolph Air Force Base.. Mr. Andrews commented we better
decide quickly on the type of zoning we want for-that area. According to Mr.
Andrews, Ray Ellison does not let you annex any of his land.
Merwin Willman remarked we cannot do anything until San Antonio deannexes.
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Steve Simonson reported he had read where San Antonio annexed some of the right-
of-way north on I 10 that was supposed to be ours. _
Merwin Willman commented that Council will never annex without IN 10 frontage.
Steve Simonson said he had received a request from Mr. Davis of Lone Star '
asking for permission to put up a stand-alone temporary sign and pennants
announcing-the grand opening.
There was some discussion on this noting that according to our ordinance the
pennants are permitted but not the sign. There was also discussion on what
Payless had been given permission to do for their grand opening.
Steve Simonson said it looked like he would be getting more involved in the
commercial development aspects of the City.
Ty Brisgill asked'if there was any law about the times of day that tankers can
come to fill the tanks at convenience stores and gas stations. No one knew for
sure, but everyone seemed to think there probably was no law.
The next regularly scheduled meeting is April 8, 1986.
#11 ADJOURNMENT
Vice-Chairman Andrews adjourned the meeting at 9:51 P.M.
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