07-26-1994 PLANNING AND ZONING MINUTES
. The Schertz Planning and Zoning Commission convened in regular
session on Tuesday, July 26, 1994 at 7:00 p.m. in the
Municipal Complex Conference Room, 1400 Schertz Parkway,
Schertz, Texas. Those present were as follows:
PLANNING & ZONING COMMISSION OTHERS PRESENT
BOB ANDREWS, CHAIRMAN DAVID LEESON
GEORGE VICK, VICE-CHAIRMAN SALLY LEESON
MERWIN WILLMAN, SECRETARY DON MCCRARY
TONY MORENO SAM BLEDSOE
PIA JARMAN HAROLD BALDWIN
COUNCILMAN KEN GREENWALD HERB QUIROGA
JOE MACEIRAS II
MEMBERS ABSENT EDWARD CARROLL
RUSS HUTCHINS
KEITH VAN DINE JOE VEYTIA
DAVID RICHMOND
CITY STAFF
STEVE SIMONSON, ASST. CITY MGR.
NORMA ALTHOUSE, RECORDING SECY.
#1 CALL TO ORDER
Chairman Andrews called the meeting to order at ?:00 p.m.
#2 APPROVAL OF MINUTES: Regular Session July 12, 1994
Merwin Willman moved to approve the minutes for the Regular
Session July 12, 1994. George Vick seconded the motion which
carried with a unanimous vote.
#3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none.
#4 CONSIDER AND MARE RECOMI~NDATION: Request from David and
Sally Leeson, 1036 Abercorn, fora Special
Exception Allowing Them to Install an Above
Ground Portable Pool (Tabled 7-12-94)
David and Sa11y Leeson were at the meeting to represent this
- request.
Chairman Andrews commented Mr. and Mrs. Leeson have obtained
all the information asked for by the Commission. Steve
Simonson reported an error in measurement and pointed out the
Leeson's will be encroaching only 2' instead of 4' into both
the back yard setback and the rear easement.
Pia Jarman mentioned the motion made at the last meeting and
pointed out the Commission asked the Leeson's for details
regarding protection of the electrical connection. Steve
Simonson informed the Commission the electrical connection is
outside the range of the problem area and indicated the Staff
recommends approval of this request.
Chairman Andrews, referring to the letter from Southwestern
Bell, asked David Leeson if the necessary legal paperwork had
been filed yet. Mr. Leeson replied it had not. He needs to
get it notarized and then return it to Southwestern Bell.
George Vick asked that the Commission be provided a copy of the
legal paperwork and Mr. Leeson agreed to that request.
Pia Jarman moved to recommend approval to the Board of
Adjustment, contingent on receiving copies of the legal
paperwork with Southwestern Bell, of the request from David and
Sally Leeson for a Special Exception and to ask that it be
scheduled for a BOA hearing. Tony Moreno seconded the motion
which carried with a unanimous vote.
~5 CONSIDER AND MARE RECOMMENDATION: Request from Leland
Maddox, 800 Mitchell, for a Special Exception
i~%3s"
Allowing Him to Install a Carport (Tabled
7-12-94)
Leland Maddox was not at the meeting.
Steve Simonson told the Commission they had tried to contact
Mr. Maddox both by letter and by telephone, but had gotten no
response either way.
Merwin Willman, saying he had driven by the Maddox property,
remarked there is a 12' alley behind with telephone cable in
it, so he would be hesitant to approve this request.
Merwin Willman moved to recommend disapproval to the Board of
Adjustment of the request from Leland Maddox for a Special
Exception. Pia Jarman seconded the motion which carried with a
unanimous vote.
#6 CONSIDER AND TARE APPROPRIATE ACTION: Request From Harold
Baldwin, 705 Brooks, fora Special Exception
Allowing Him to Install a Carport
Harold Baldwin was at the meeting to represent this request.
Chairman Andrews commented this carport will be in-the .front
yard all the way over to the property line. Mr. Andrews. then
asked for Staff input.
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Steve Simonson informed the Commission this is a
.straightforward request. Mr. Baldwin is asking for a 6' side
yard setback variance. When asked by Steve Simonson if he had
a letter from his neighbor voicing no objections to this
request, Mr. Baldwin answered he will get a letter.
Chairman Andrews pointed out it is a gabled roof carport and
will go all the way to the edge of the property line. Will
water run off onto the neighbor's property? Harold Baldwin
.responded by indicating he will have some kind of gutter system
which will prevent water from running off onto the neighboring
property. Chairman Andrews emphasized that we need a letter
from the neighbor.
Merwin Willman moved to recommend approval to the Board of
Adjustment, contingent on a letter from the neighbor stating
there are no objections to this carport, of the request from
Harold Baldwin for a Special Exception and to ask that it be
scheduled for a BOA hearing. Tony Moreno seconded the motion
which carried with a unanimous vote.
#7 CONSIDER AND TARE APPROPRIATE ACTION: Request From MBC
Engineers for Approval of Proposed Street
Names for Units 3, 4, and 5 of Greenshire
Subdivision
Sam Bledsoe was at the meeting to represent this request.
Chairman Andrews asked for Staff input. Steve Simonson related
there are no street names similar in our City and these have
been approved by the Post Office.
The street names submitted are as follows:
Bold Cypress Magnolia Dr. Redbud Circle
Cottonwood Dr. Wild Cherry Red Cedar Cove
Dogwood Lane White Elm Dr. Red Oak Cove
Ebony Lane White .Pine Dr. Royal Palm Ave.
Fir Circle Mimosa Dr. Wax Myrtle Dr.
Hickory Lane Mulberry Dr. Willow Top Dr.
Jasmine Dr. Olive Dr. Yucca Park
Juniper Ln. Osage Ave.
Lotus Park Pond Apple
Pia Jarman, noting the emergency calls are verbal, referred to
past subdivisions where we have disallowed street names if the
first words were the same. Examples would be white Elm Dr.
and White Pine Dr. and Redbud Circle, Red Cedar Cove and Red
Oak Cove.
Chairman Andrews stated he understands .the system has been
.updated and in addition to the address, the phone number
appears on the computer screen. Councilman Greenwald added
they usually have a print out.
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Steve Simonson acknowledged the system is better, but it is
still a verbal communication and you wouldn't want street names
that start the same right next to each other.
Mervin Willman moved to approve the street names submitted by
MBC Engineers for Units 3, 4 and 5 of Greenshire Subdivision.
Pia Jarman seconded the motion which carried with a unanimous
vote.
#8 CONSIDER AND TARE APPROPRIATE ACTION: Request From MBC
Engineers For Preliminary Plat Approval of
Greenshire Subdivision, Unit 4 (PC #215-94
Sam Bledsoe was at the meeting to represent this request.
Chairman Andrews mentioned he has a personal problem with the
street that curves around and goes from Osage Ave. to Pond
Apple to Bold Cypress. Why three different names?
Sam Bledsoe answered that the Post Office contends that if a
street makes a 90 degree bend, then the name of the street must
be changed. Steve Simonson commented he can check it out.
;:;s
Chairman Andrews then asked for Staff input and Steve Simonson
declared this plat has been staffed, it has a connection to
Unit 3 and you will see on the plat a 38' drainage easement.
Mr. Simonson went on to say there are several things on the
plat that need to be corrected: (1) there needs to be a
one-foot non-access easement along Woodland Oaks Drive; (2)
there needs to be a floodplain statement; (3) the block for
the County Judge's statement needs to be removed; and, (4)
before the final plat is considered, the parkland. dedication
and homeowners association questions need to be resolved and
addressed.
Steve Simonson informed the Commission it is his understanding
that most of the 14 lots in Unit 3 have already been sold. Mr.
Simonson then wanted to know, if the Post Office approves it,
does the Commission want the name Osage Ave. to go all the way
around. Chairman Andrews answered that's his personal
preference, and most of the Commissioners agreed, but that call
is strictly up to the developer.
Pia Jarman noted that Block 5, Lot 17 faces Ebony Lane and the
front seems awfully- short. Chairman Andrews reminded Mrs.
Jarman she has to add in the curb radius of 15 plus feet.
Mervin Willman moved to conditionally approve the preliminary
plat for Greenshire Subdivision, Unit 4 if the following items
are corrected:
(1) add a one-foot non-access easement along Woodland Oaks Dr.;
(2) add the floodplain statement;
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(3) remove the block with the County Judge's statement; and,
(4) before consideration of the final plat, the questions
- regarding the parkland dedication and the homeowners
..association need to be resolved and addressed.
George Vick seconded the motion which carried with a unanimous
vote.
Sam Bledsoe declared that a homeowners association is being
formed now, it just takes time..
Merwin Willman inquired when they will see final plats for
Units 3 and 4 and Sam Bledsoe replied they will probably see
Unit 3 by mid August and Unit 4 later.
#9 CONSIDER AND TARE APPROPRIATE ACTION: Request From Star
Enterprise For Site Plan Approval of a Texaco
Along IH-35 (PC #216-94/A)
Edward Carroll was at the meeting to represent this request.
Chairman Andrews asked for Staff input. Steve Simonson
informed the Commission there is a 25' easement across the back
of the property and Zemex says it will remain an easement.
The number of signs they are requesting is a problem. The Sign
Ordinance allows one free standing sign and one sign on the
building. They are requesting a 75' sign on the southwest
corner of the property, a sign not to exceed 40' on the
northeast corner, a sign on the FM 3009 easement and a sign on
the building. We felt we could work out something on the sign
on the FM 3009 easement, but are suggesting. the free-standing
sign be a double pylon so everyone in the strip has the same
sign and there is no clutter. Texaco says it is their internal
policy that the pylon sign have nothing but the star on it and
they need an additional sign for their gas prices.
Mr. Simonson further stated they show lighting on the Site
.Plan and the greenbelt area, but. not the name of trees to be
planted. This Texaco will be located on the south side of the
Jack-in-the-Box.
Merwin Willman found it hard to understand why they need two
free-standing signs and wondered why they can't be combined
into one. Pia Jarman asked if there are no exceptions to the
Texaco policy and Steve Simonson answered by saying he can't
believe Schertz is the only City around with sign restrictions.
Merwin Willman stressed that if we go along with the Texaco
policy, that means we are letting it override our ordinance and
it shouldn't. Councilman. Greenwald also pointed out the area
we`re talking about is a one-way street.
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Edward Carroll spoke at this time and noted the 75' sign is a
clean sign, with just the star on it, to let people know where
they 'are. The other sign (on the northeast corner) can be a
maximum of 40' and will have the reader board on it. The sign
in the FM 3009 easement will be no larger that 8' x 8'. Merwin
Willman still wanted to know why the. sign with the star and the
sign with the reader board can't be combined. Mr. Carroll
admitted, that other than it being a Texaco policy, he doesn't
know why it's not physically possible. Chairman Andrews
commented the Commission has been confronted by all businesses
about their sign policy and they did change the Sign Ordinance
for the height and size of signs, but haven't seen the need for
additional signs.
Merwin Willman expressed the desire to find out from Texaco why
the two sign cannot be combined. Tony Moreno mentioned the
request from Wendy's for an additional sign which the
Commission denied because they felt it would look cluttered.
Councilman Greenwald remarked it didn't slow down Wendy's
business.
Merwin Willman moved to approve the Site Plan from Star
Enterprise with the following stipulations: ~L
(a) require they work with Zemex to have multiple business use
of the pylon sign for the 25' access easement on FM 3009;
(b) will authorize only one free-standing sign which may also
be used as the message board sign; and,
(c) label the name of the trees for landscaping purposes.
Tony Moreno seconded the motion which carried with a unanimous
vote.
#10 CONSIDER AND TARE APPROPRIATE ACTION: Request From Star
- Enterprise for Preliminary Plat Approval of
Star 11 Subdivision (PC #216-94/B)
Don McCrary and Joe Maceiras were at the meeting to represent
this request.
Chairman Andrews asked for Staff input. Steve Simonson pointed
out this is a vacate and replat of what was going to be Taco
-Bell because Texaco is bigger than~Taco Bell. The. 25' easement
goes all across the back of the property. They need to show
the 5' contours and-need to redraw the location map.
,Chairman Andrews asked who the 25' easement will belong to and
Joe Maceiras replied it will belong to Zemex. The original
plat showed the access easement to the rear of the
Jack-in-the-Box. It will be a separate piece of property
belonging to Zemex. Mr. Andrews then asked if 25' is wide
enough and Mr. Maceiras answered it will be wide enough for
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two vehicles to pass side by side.
Merwin Willman moved to approve the preliminary plat for Lot 1,
Block 2, Star 11 Subdivision. Tony Moreno seconded the motion
which carried with a unanimous vote.
#11 CONSIDER AND MARE RECOMMENDATION: Request From Rayco Ltd.
to Rezone (with attached variance requests)
50.6 Acres on the West Side of Schertz
Parkway From GB and R-2 to R-6 and 105.2
Acres on the East Side of Schertz Parkway
From GB and R-2 to R-6
Herb Quiroga was at the meeting to represent this request.
Chairman Andrews asked for Staff input. Steve Simonson pointed
out the area being proposed for rezoning on the aerial map and
indicated the east side will eventually have right-of-way that
comes out on FM 3009.
Mr. Simonson reported that the master plans had been shown to
the Public Safety Department and they have no problem with
them. As a matter of fact, they were glad to see possible ~4~;
future interconnection with the other subdivisions such as
Woodland Oaks and Savannah Square.
Mr. Simonson went on to say the Schertz Parkway District has a
20' greenbelt, there are four water tanks feeding the area, the
means is there for getting to sewer, the water is there, and
LCRA and GVEC are building sub-stations in the vicinity. Tony
Moreno asked if the main water lines are 8" and was told by
Steve Simonson they are 12".
Chairman Andrews observed that the priority tonight is the
proposed rezoning and variances which will require a public
hearing. Mr. Andrews related he spent the better part of the
day looking over subdivisions and some of the mistakes already
made. The current R-6 zoning calls for a 60' x 100' lot or
6,000 square feet. Rayco is proposing 55' x 120' lots or 6600
square feet - larger than our current R-6. You're losing 550
square feet on the side, but gaining 1100 square feet in the
back. Overall, you are gaining 600 square feet.
Mr. .Andrews then mentioned he thinks he has come up with a way.
to protect the trees. He called around and spoke with some
horticulturists and as a result feels we should enforce the
policy that no tree 8" in diameter or larger should be
destroyed without prior approval of the Planning Department.
Merwin Willman implied that the ordinance pretty well covers
the situation. We can't protect all the trees, but if a
developer is conscientious he will save as many as possible.
Chairman Andrews commented we need to make the developer come
in with reasons why they need to remove a tree.
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Herb Quiroga spoke at this time and started with the west side
of Schertz Parkway. Mr. Quiroga brought up the following
.points:
(1) they are trying to take advantage of the natural beauty
already there;
(2) they are designing lot lines to accommodate the trees and
save as many as possible;
(3) they are bullish on Schertz Parkway - their product brings
people in;
(4) they are requesting 55', 60' and 65' lots in an effort not
to limit themselves;
(5) they are trying to come up with new one-story plans;
(6) their homes will sell anywhere from $85,000 to $120,000;
(7) they have new elevations (some were shown);
(8) they will always be in accordance with the 15' separation
between houses - they will stagger lots; and,
(9) they need a 5' side yard variance in case of trees.
Mr. Quiroga stated that the east side of Schertz Parkway is
strictly farmland and tall grass, it has no particular
character. If the new plans sell well on the west side, they
will continue them on the east side.
Mr. Quiroga then mentioned they are requesting a variance to
the landscape buffer from 20' down to 10' to make it more
beautiful. More area is difficult to landscape.
Mervin Willman questioned what type fence they will have and
Herb Quiroga answered it will be either brick or rock. In
addition they will have an 86' right-of-way entrance and they
will meander sidewalks to take advantage of trees. Mr.
Quiroga spoke briefly on the parkland requirement and on the
homeowners' association. The name of the subdivision will be
Ashley Place.
Steve Simonson related John Bierschwale and he have met with
Herb Quiroga and Don McCrary and they are working with us on
the trees, utilities, etc.
Mervin Willman -asked how they can be sure there will be some
60' and 65' lots versus all 55' lots. Why isn't the same thing
requested for both sides of the Parkway? Chairman Andrews
declared the assurance is that some plans require larger lots.
The west side will have a variety of 55', 60' and 65' lots.
The east side will have lots a minimum of 55'. Steve Simonson
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mentioned another assurance, that being that when the
subdivision goes to the platting stage, if all the lots are
55', then the Commission can disapprove the plat.
Mervin Willman moved to recommend to City Council that the
request from Rayco Ltd. to rezone 50.6 acres on the west side
of Schertz Parkway from GB and R-2 to R-6 and 105.2 acres on
the east side of Schertz Parkway from GB and R-2 to R-6, and
the requested variances to the lot size, side yard setback and
landscaped buffer be scheduled for a public hearing. Tony
Moreno seconded the motion which carried with a unanimous vote.
After the vote, Chairman Andrews mentioned to Herb Quiroga that
he might verify the City's regulations on the length of a minor
road --two of them in these proposed units are too long. Steve
Simonson said he would check into it.
#12 CONSIDER AND MARE RECOMMENDATION: Request From Veytia
Partners Ltd. to Rezone 8.61 Acres at Elbel
Road and Schertz Parkway from NS to R-4
Joe Veytia was at the meeting to represent this request.
Chairman Andrews asked for Staff input. Steve Simonson
-identified the property on the aerial map as being next to the
Sycamore Creek .Apartments. The only concern the City has is
he height if it's above two stories. We need some input from
the Fire Department.
Chairman Andrews stated that Steve Simonson, in his comments to
P & Z, indicated Veytia Partners Ltd. is aware they are
supposed to extend Westchester Drive. Joe Veytia confirmed
that is correct. Pia Jarman wondered if we can get a guarantee
for the road before Unit 1 is built and Steve Simonson assured
Mrs. Jarman there will be an agreement about the road before
any building takes place.
Mervin Willman moved to recommend the request from Veytia
Partners Ltd. to rezone 8.61 acres at Elbel Road and Schertz
Parkway from NS to R-4 be scheduled for a public hearing. Pia
Jarman seconded the motion which carried with a unanimous vote.
#13 CONSIDER AND MARE RECOMMENDATION: Request From G. Russell
Hutchins, on Behalf of .Cottage Lifestyles,
Inc., to Rezone 14.57 Acres on E. Live Oak
Rd. From R-2 to R-4
Russell Hutchins was at the meeting to-represent this request.
Chairman Andrews asked for Staff input. Steve Simonson pointed
out the property on the aerial map. It fronts on E. Live Oak
Road and utilities are available. What they are planning are.
single-story fourplexes for senior citizens. (A brochure was
passed around for .the Commissioners to see.) They are not
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affiliated through the Schertz Housing Authority. Russell
Hutchins corrected Steve Simonson and said they are actually
twelveplexes clustered into three fourplexes.
Chairman Andrews asked if they are connected by a common wall
and Russell Hutchins answered yes they are. George Vick wanted
to know if they are rentals rather than being for sale and was
told by Russell Hutchins they are rentals.
Chairman Andrews then inquired if they are subsidized and
Russell Hutchins explained they use tax credits to raise equity
for their development. Mr. Andrews asked about the square
footage of each unit and was informed by Russell Hutchins they
range from 750 square feet to approximately 960 square feet.
Chairman Andrews questioned other amenities offered and Russell
Hutchins informed the Commission they have garages, they have a
community center, they have a full time office staff, they have
recreational programs and wellness check programs, and they
have deed restrictions that you must be 55 years or older to
reside there. One other point brought up by Russell Hutchins
was that the owner/developer is obligated to a minimum of 16
years during which time the property cannot be sold.
Merwin Willman moved to recommend to City Council that the
request from G. Russell Hutchins, on behalf of Cottage
Lifestyles, Inc., to rezone 14.57 acres on East Live Oak Road
from R-2 to R-4 be scheduled for a public hearing. George Vick
seconded the motion which carried with a unanimous vote.
#14 GENERAL DISCUSSION -
Merwin Willman•
(a) Asked if the Board of Adjustment members had been selected..
Councilman Greenwald replied no, the ordinance hasn't been
passed yet.
(b) Wondered who else is going to the APA luncheon this Friday
besides he and Steve Simonson. Tony Moreno said he was
planning to attend.
Councilman Greenwald:
(a) Referred to the letter in their packages about Council
approving the Specific Use Permit request from the Gunman's.
(b) Announced the Knights of Columbus will hold the grand
. opening for their hall on August 13th at 10:00 a.m.
George Vick advised the Commission the Knights figure the hall
can hold about 600 people and still have room for them to hold
a dance. It has six air conditioning units. It will be a
smoking facility until such time as the City decides which
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types of buildings will be non-smoking. The rent is
reasonable, and they already have a lot of bookings.
(c) Commented everyone had probably noticed the latest
.reconstruction of FM 3009. TXDoT is asking the City for money
and Council will finish discussing it tomorrow night. The
gentleman currently in charge was not part of the design team,
but he certainly is taking a lot of heat.
Steve Simonson•
(a) Stated, regarding HEB, he can't say when they will start
construction. He sent them a graph showing all homes built in
Schertz since 1983 and gave them an honest building count.
(b) Reported the latest information is that IH-35 construction
from FM 3009 north to at least FM 2252 is scheduled for 1997.
Chairman Andrews:
(a) Asked what's going on at the VFW. The last 4 days there's
been a line outside waiting to get in. Councilman Greenwald
said he would call the commander and ask what's going on. >
(b) Requested that discussion of the rezoning of Beck Street be
on the next agenda.
(c) Related some of his thoughts on current lot sizes and
setbacks and mentioned he would like to see them eliminate the
60' x 100' lot and go to a 55' x 120'lot (6600 square feet).
Merwin Willman asked Mr. Andrews what buyers are looking for
these days and was told they want room to breathe. For those
who want a smaller yard, we do have garden homes. Steve
Simonson implied that 55' wide lots would be okay as long as
the 15' separation between houses is enforced.
P-ia Jarman asked, in reference to larger lots, what happens if
there's a water shortage in the future. Mr. Andrews remarked
you're consolidating the extra square footage into a piece of
property. It's the same amount of space to maintain, only it's
put to better use. We want the property owner to know that his
backyard is his to use, not just to maintain.
Merwin Willman asked Mr. Andrews if he is considering
.eliminating any of the zoning districts and was told it is a
possibility. Mr. Willman then asked what would replace R-7
and Mr. Andrews said that's something they need to discuss.
Mr. Willman then wondered if they would keep the 80' x 120'
lot size and Mr. Andrews noted there is a-call for that one,
it seems to be working.
Mr. Andrews requested discussion of lot sizes and setbacks be
on the next agenda and he would like to see public hearings
scheduled. We already have some public hearings scheduled and
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f
this would be the perfect time because these lot sizes and
setbacks (and the rezoning of Beck Street) will have to go to a
public hearing. Steve Simonson reminded Mr. Andrews that even
- if these things are on the next agenda, they will not be part
of the public hearings coming up. The time frame will not
permit it.
#15 ADJOURNMENT
Chairman Andrews adjourned the meeting at 9:20 p.m.
The next regularly scheduled meeting is August 9, 1994.
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