05-09-2000
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PLANNING & ZONING MINUTES
May 9,2000
The Schertz Planning and Zoning Commission convened in a regular session on
Tuesday May 9,2000, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference
Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows:
PLANNING & ZONING COMMISSION
CITY STAFF
Ernie Evans, Chairman
David Richmond, Vice Chairman
Tony Moreno
Joyce Briscoe, late arrival
Gary Wallace
William Sommers
Ken Greenwald, ex-officio
Steve Simonson,
Asst. City Manager/Planning
Coordinator
Mary Ybarra, Planning/
Recording Secretary
Commissioners Absent
Others Present
Keith Van Dine (work related)
Jan Day,
1607 Green Valley Rd.
Richard Martinez,
415 Curtiss.
Steve & Rita Marquart,
5620 Flagstone Dr.
Don McCrary,
Larry Aiken,
Jonas Woods Development
Fritz Schlather,
Cibolo, Texas
Stewart Armstrong,
San Antonio, Texas
#1 Call to Order:
Chairman Evans called the meeting of May 8, 2000 to order.
#2
Approval of Minutes:
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Chairman Evans reported that the minutes of April 25, 2000 were not published at this
time.
#3 Status of Final Plats:
There were none to report.
#4 BOA Actions:
There was no report.
#5 Citizen's Input Other Than Agenda Items:
There were none.
#6 Consider and Take Appropriate Action: Request from Stephen & Rita
Marquart, 4620 Flagstone Drive, Forest Ridge Unit 1, for a special exception to the
zoning ordinance to encroach 17' into the 20' rear yard building setback.
Steve Simonson stated that all documents that are required by the City such as letters
from the following; CPS, Homeowners Association, Southwestern Bell, etc., have been
provided.
Ernie Evans stated that he didn't quite understand and needed some clarification to the
statement that the encroachment was "17' into the 20' rear yard building setback". If an
8x12' storage building is being placed shouldn't the encroachment be 3' instead of 17'
or should it be something else?
Steve Simonson stated that the storage building would be placed in the utility easement
thus, encroachment should be into the utility line easement not the building setback.
Ernie Evans stated that in view of the clarification he believes the recommendation to
the Board of Adjustment whatever it may be should reflect the clarification (utility
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easement encroachment). Ernie Evans further stated that he believes the agenda
should stay as written, and the change should be made part of the motion.
With no further discussion, David Richmond moved to forward to the Board of
Adjustment the request from Stephen & Rita Marquart, 4620 Flagstone Drive, Forest
Ridge Unit 1, for a special exception to the zoning ordinance to allow the construction of
a wood storage building within the rear yard utility easement with a recommendation of
approval. Tony Moreno seconded the motion. With a vote being called, the motion was
approved.
#7 Consider and Make Recommendation: On a request from Ricardo
Martinez, 415 & 417 Curtiss for a special exception to the zoning ordinance to allow
remodeling of a grandfathered non-conforming duplex.
Steve Simonson stated that the photography that is part of the packet shows the duplex
. as of this date. The request is to combine the bottom and make a second floor to the
duplex. There are larger two-story types of structures in this older section of the city,
and this proposal would not be inconsistent with it. Steve added that according to the
ordinance any major alteration to the building must go through the Board of Adjustment
for approval, even though it would be staying as a duplex.
Ernie Evans asked what would be the access to the second floor, would it be through
the inside of the building? Mr. Martinez commented that the access would be an
exterior stairwell, which is planned at the rear of the building.
Ernie Evans asked that are we to assume that the first and second floors would then be
separate living units? Mr. Martinez replied "yes".
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In brief discussion, it was established that the rear of the home has a "gable" at a center
point, and plans are to place the stairwell at this location, which helped to clarify some
concerns voiced by the Commission.
With no further discussion, Gary Wallace moved to forward the request from Ricardo
Martinez, 415 & 417 Curtiss for a special exception to the zoning ordinance to allow
remodeling of a grandfathered non-conforming duplex to the Board of Adjustment
recommending approval. Tony Moreno seconded the motion. With a vote being called,
the motion was approved.
#8 Consider and Take Appropriate Action: On a request from Elgin
Friesenhahn, FM1518 for a specific use permit to allow for a horse training and
breeding facility in R-2 zoning (single family district).
Steve Simonson stated that the property in question is located in the flat land below
. Ashley Place Unit 1, separated by the 1 OO-year flood plain. As indicated by the drawing
provided, the 1 OO-year flood plain goes through part of the property that is proposed for
a horse and breeding facility. Steve added that access would be through FM1518. Mr.
Friesenhahn owns the property; however because of the R-2 zoning, it would require
either rezoning or a specific use permit, allowing modifying the land for the use
proposed. Mr. Simonson explained the differences between rezoning and specific use
permit and in Mr. Friesenhahn's case the specific use permit is appropriate for the
proposed use which is not incompatible with the surroundings.
Tony Moreno asked for clarification on a specific use permit, does the permit carry over
if the property changes ownership and was advised, no. Tony Moreno also asked how
much land was involved in the proposed use and was advised that the total acreage
was 66 acres of which would be fenced, with hay barn, equipment shed, stables, road,
water well and landscaping.
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David Richmond asked if the width or distance was known of the flood plain on the
proposed property between the last houses at Ashley Place. Mr. Simonson stated the
distance is quite significant along with an elevation difference of 70 or 80 feet.
William Sommers questioned was the facility for the use of outside breeding, and was
advised it would be to breed the owner's own horses.
With no further discussion, Tony Moreno moved to forward the request from Elgin
Friesenhahn, FM1518 for a specific use permit to allow for a horse training and
breeding facility in R-2 zoning (single family district) to City Council recommending
approval. Gary Wallace seconded the motion. With a vote being called, the motion was
approved.
#9 Consider and Take Appropriate Action: On a request from Don McCrary
& Associates for final plat approval of Oak Trail Subdivision Unit 2a.
Steve Simonson stated that at the last meeting this item was identified as a preliminary
plat, when it should have been a final plat. Thus, the submittal at this time is for final plat
approval.
With no further discussion, Gary Wallace moved to approve the request from Don
McCrary & Associates for final plat approval of Oak Trail Subdivision Unit 2a. David
Richmond seconded the motion. With a vote being called, the motion was approved.
#10 Consider and Make Recommendation: On a request from Don McCrary
& Associates to rezone 86.043 acres of Schertz Parkway from General Business (GB) &
R-2 (Single Family District) to General Business (GB) R-2 (Single Family District) and
R-5 (Garden Home Dwelling).
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Steve Simonson stated that as indicated on the plat, all the area outside of the GB
zoning is R-2 zoning and would be left as R-2. The plat indicates the proposed R-5
zoning and existing GB zoning would be changed to R-2 except for a corner of the
property shown at the left corner of the plat. Steve added that the R-2 area is mostly an
untreed area with the R-5 area being the treed area.
Mr. Larry Aiken representing the zoning issue, stated that actually the left-hand corner
zoned GB has been eliminated. The reason for this is that it would be better utilized as
residential lots. Again, this is in an untreed area, R-5 zoning. The revised Master plan if
approved reflects these changes. The property would be fenced, with two primary
entrances; one entrance would line up with Woodland Oaks Drive, with the other
entrance approximately 500' down from the first entrance, lining up with the primary
Homeowners Association park area. Mr. Aiken stated that this was the new look for the
property.
. Steve Simonson stated that if the Commission recommends this item to be set for public
hearing, new blue lines would be needed reflecting the new information discussed this
evening.
With no further discussion, Tony Moreno moved to schedule a public hearing on the
request from Don McCrary & Associates to rezone 86.043 acres of Schertz Parkway
from General Business (GB) & R-2 (Single Family District) to General Business (GB) R-
2 (Single Family District) and R-5 (Garden Home Dwelling).
At this time, William Sommers asked that the motion be amended to reflect the change
of eliminating the "GB" Zoning as discussed and withdrawn by Mr. Aiken earlier. Mr.
Aiken at this time also noted that the total acreage would change to 87.29, with the
inclusion of 1.95 acre from the "GB" zoning.
With the amended motion on the floor, Tony Moreno agreed to amend the motion,
. which was seconded by Gary Wallace.
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Ernie Evans reiterated that the amended motion is as follows: to schedule a public
hearing on the request from Don McCrary & Associates to rezone 87.29 acres off of
Schertz Parkway from General Business (GB) & R-2 (Single Family District) to R-2
(Single Family District) and R-5 (Garden Home Dwelling). With a vote being called, the
motion was approved.
#11 Consider and Take Appropriate Action: On a request from Jonas Woods,
Limited for Revised Master Plan Approval of Jonas Woods Development on Schertz
Parkway.
Steve Simonson stated that a power of attorney is part of the Commission's packet
indicating that the owner of the property is in full agreement with Master Plan approval.
To date, the sale of the property has not been finalized.
. William Sommers asked what would happen if the sale of the property didn't go through
would the action taken by the Commission this evening carry over to the subsequent
purchaser? Steve Simonson replied no.
At this time, Mr. Aiken stated that he has been in constant communication with Mrs.
Dorow's attorneys, and because the process involves several steps before final action is
given by City Council, the loan commitment won't be in place. At this time, a large
amount of money is being held. However, at any time prior to the expiration of the
feasibility period, the process can be stopped, enabling the return of earnest money. If
the rezoning is approved all probability is that closing of the contract would happen
within two days of the final zoning hearing.
Ernie Evans reminded everyone that, as part of the packet is a letter containing three
items that are part of the consideration. Also, an issue that would need to be addressed
along with the consideration is the tree mitigation issue.
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Gary Wallace commented that the tree mitigation issue should be made part of the
minutes, that this may be an educational process, with regard to the City's tree
ordinance for both the developer and the Commission.
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Tony Moreno asked for the reasoning behind the 50% abatement, is it because it's
overly burdensome? Mr. Aiken responded that the logic behind the request is that the
development is creating a very heavily amenity subdivision. That would have 12-15% of
the area in parklands for the residents. These residents are not going to be a burden on
the public park system of the City of Schertz. Mr. Aiken explained that the overall total of
park areas would be approximately 11.5 acres, with natural greenbelts, hiking trails,
swimming pools, cabana, picnic areas, gazebo bandstand, and park benches scattered
throughout the subdivision. Thus, the residents of the subdivision would not seek out
and use of the public parks in the City. Saving half in parkland fees would enable the
development to put in more improvements and satisfy the needs of the proposed 300
families, which would take the burden off the city's public system. In conclusion, Mr.
Aiken stated that the development would be able to enhance their subdivision and the
city would still have money to make improvements for the general public.
Ernie Evans stated that the request for relief of parkland fees is the next item on the
agenda for consideration. However there are a couple of issues that need to be
addressed at this time; the road connection at Woodland Oaks Drive has some potential
driveway problems with the typical R-2 lot. Mr. Aiken replied, that there is both a 25'
landscape setback and 50' building setback and the lots are approximately 145 feet
deep. These lots could restrict the driveways being to the far right hand side, or
eliminate the lot and use it for monumentation. Mr. Aiken stated that this was a very
good point and thanked the Commission for bring this issue to his attention. Mr. Aiken
stated that it wouldn't be a problem in dropping a lot and moving back and using the lot
for entry monumentation.
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Steve Simonson stated that these different issues would be addressed at the time of
platting.
Ernie Evans stated that another issue is the tree ordinance, whether it applies or how
the Commission looks at this issue in terms of this development. This is the first time
that a new subdivision has come into play since the tree preservation ordinance went
into effect last year. The Commission has worked with commercial development in the
past and not with a subdivision. Ernie Evans stated that there isn't a question on
applicability; the question is how does the Commission deal with the request. Tree
mitigation is part of the site plan, and will be discussed at that time. The issue now
before the Commission is the revised master plan.
At this time, Mr. Aiken stated that he has not read the tree preservation ordinance and
doesn't know what the requirements are or what the intent is. Mr. Aiken stated that the
development attitude is that it is going to a lot of trouble specifically to protect as much
. of the grove of trees because it creates premium lots. Mr. Aiken added, that the only
issue is that the tree mitigation ordinance would be a financial impact, both in time and
expensive. Mr. Aiken commented that the issue is a learning process for all and hopes
that we can work in good faith.
Ernie Evans commented that these issues could not be dealt with this evening and
suggests that Mr. Aiken and Mr. McCrary should get together with planning staff to work
out the city tree preservation issue. Mr. Aiken stated at this time, that having not read
the tree ordinance, he would not want to do anything in a rushed manner.
David Richmond stated that having discussed the tree preservation ordinance, which
applies to both residential and commercial development, the issue should be addressed
on residential property at the time of master planning. However, since the Commission
does not have this information, David Richmond suggests the issue should be tabled
until such time as the tree mitigation is ready to be joined with the master plan. Later
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bring the issue off the table, amending if necessary, the Commission then is considering
a master plan that includes the tree mitigation.
Ken Greenwald brought up the issue of closing off Woodland Oaks Dr. and stated the
City's master road plan shows Woodland Oaks Drive extending all the way through to
FM1518.
At this time, Steve Simonson stated that this is just another issue to be addressed in the
master plan. In all reality, Woodland Oaks Drive, the way the city envisioned it is being
wiped out by development further down Maske Road. Mr. Simonson added that these
are issues that would have to be addressed, so specific items may be brought back
enabling the Commission to act on these issues.
Mr. Aiken stated that he doesn't foresee any grief on the part of the development if the
road issue needs to go through. It's an issue that he was unaware of.
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With no further discussion, David Richmond moved to table the request from Jonas
Woods, Limited for Revised Master Plan Approval of Jonas Woods Development on
Schertz Parkway until such time as the entire master plan can be considered by the
Commission to include the consideration of the tree preservation ordinance, the
continuation of Woodland Oaks Drive, and other items that are appropriate. Gary
Wallace seconded the motion. With a vote being called, the motion was approved.
#12 Consider and Take Appropriate Action: Request from Jonas Woods
Limited for a variance to the (UDC) Unified Development Code for relief of parkland fees
for the Jonas Woods Development on Schertz Parkway.
Steve Simonson stated that this request is in keeping with the city's parkland ordinance.
Specifically, Article XI, Section 32.15.1, Private Parkland, where it states, " that up to
50% in the area of the subdivision's total parkland dedication requirement may be
. satisfied through the dedication of a private park within the subdivision. A combination
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of land and facilities may be counted toward the allowable fifty (50%) percent credit."
Mr. Simonson explained that the total fee is determined by the number of lots at
$225/per lot. In cases where the development has dedicated private parks, the request
has been for 50% reduction on the parkland fee to $112.50/per lot. Mr. Simonson
explained that the 50% reduction has been done before, in the case of two separate
subdivisions. Mr. Simonson also wanted to mention that a developer is required to
dedicate one (1) acre for every 133 lots.
David Richmond stated that in view of the action taken on the previous agenda item, he
believes it's premature to take action on the issue before the Commission and
recommended that the issue be tabled until the revised master plan is brought forward
with all the items discussed.
Ernie Evans stated that he agreed with David Richmond's recommendation, because he
too would like to see the final document include what the Commission envisions
. approving such as; what green space would be left, etc. Ernie expressed that he very
much likes the greenbelts laid in, salvaging of old trees, and believes there are good
benefits. Ernie added that he encourages the continuation, however there is the
necessity of a series of steps involved to assure the understanding of what is proposed
for this development.
At this time, Mr. Aiken stated he didn't see a problem with either Mr. Richmond's or Mr.
Evan's suggestion.
Mr. Greenwald asked if the development was going to have a mandatory homeowners
association and was advised yes, that it would probably be a two-tiered situation. The
concept would probably include the front streetscape maintenance of the smaller lots as
part of the homeowners' association dues. The larger lots would take care of their own
maintenance.
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With no further discussion, David Richmond moved to table the request from Jonas
Woods Limited for a variance to the (UDC) Unified Development Code for relief of
parkland fees for the Jonas Woods Development on Schertz Parkway . Tony Moreno
seconded the motion. With a vote being called, the motion was approved.
#13 Consider and Discuss: 77 acres, Besch Property on Green Valley Road,
possible development and traffic flow.
Steve Simonson stated that the request before the Commission is not an action item at
this time, however they would like to review and discuss the possible development of
the Besch property.
At this time, Mr. Aiken introduced Mrs. Janet Besch Day, property owner and continued
with the presentation stating that the property abuts the northern boundary of Arroyo
Verde Subdivision, Savannah Drive. Mr. Aiken stated that the big issue seems to be the
. construction of Green Valley Road. Mr. Aiken explained that the site divides up into
approximately a 15-acre tract, which is heavily wooded; area dividing south and west of
a tree line that roughly contains 25 acres, which includes the old homestead that is
lightly forested, and an area of 35/acres that creates some design problems and some
interesting opportunities. Mr. Aiken also added that the tract is adjacent to the Cibolo
development and the new Wiederstein Parkway planned by the City of Cibolo.
Mr. Aiken stated that apparently over the course of time he believes no one gave
consideration to assessing developers for the improvements and the potential traffic
load on Green Valley Road. Therefore, what we are proposing is how to re-route the
flow. At this time, Gary Wallace commented that Mr. Aiken's statement is somewhat
incorrect and explained that the Arroyo Verde developers avoided the issue by choosing
not to connect onto Green Valley Road. Mr. Aiken stated that he too would avoid the
connection to Green Valley. However, Mr. Aiken explained that he has been in contact
with Randy Dym, developer of the Cibolo development and was informed that Mr. Dym
. has possession of an easement to bring the sewer out-fall line down through the Besch
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property creek bed. If this were done, it would take down the development tree line,
which of course is not wanted. Mr. Aiken further stated that he has proposed a
compromise, to allow the Besch development to connect to Weiderstein Parkway. By
doing this the Besch development would amend the easement to the rear lot line or the
road right-of-way, which would move the easement out of the tree line allowing the
preservation of trees.
Mr. Aiken further stated that he has also been in communication with Dick Strom and
Danny Evans with Pulte Homes, and has requested that lots at the Arroyo Verde stub
out be left off the market. This would be in hopes of negotiating a connection and
extension of Arroyo Verde. This would allow the through traffic flow in both directions
therefore, would not put an onerous burden on either Wiederstein Parkway or Schertz
Parkway. Also, we are proposing a tie-in at Greenshire Drive and some type of
arrangement with the Greenshire homeowners association to make this portion an
addition to the Greenshire Subdivision. By doing this, and because of the quality of the
heavily forested lots and the connection, it would allow these Greenshire residents to
identify and have a tendency to flow traffic through the Greenshire Subdivision. This
portion would layout to approximately 27 to 31 lots and would request an R-2 zoning.
Mr. Aiken further stated that he would request an R-5 zoning for a portion of the
development in order to keep competitive with the Cibolo Development adjacent to the
property. As part of the request for R-5, Mr. Aiken stated he would attach a
development agreement that he would develop 55x110 lots. The reasoning is that a lot
of this size with an upscale product would compete with the development of 60' lots,
adjacent to the property. Mr. Aiken continued that another option he is looking into is an
offer to buy 8.8 aces, adjacent to the property from the Oak Trail Subdivision and
proposing 55' lots. The 8.8-acre tract would connect to the proposed Besch
development allowing through traffic and traffic would not flow through Oak Trail.
Ernie Evans asked if the Continental development was an approved development and
. was advised that Unit one has been approved and the County Commissioners at that
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time indicated that plans for the construction of the road would start approximately by
the 1st of June. At this time, Mr. Aiken stated that he was in receipt of a letter where the
construction of the road had been moved to the middle of May, starting construction
around the 2th of May.
With this is mind, Mr. Aiken stated that with the development in place and the road a
reality, the developer has agreed to work with the Besch development in tying the traffic
through, which allows the saving of the tree line, and allows the tie-ins for traffic flow.
David Richmond stated several concerns; the rationale is very good going from Arroyo
Verde into the main gate of the development. However, 55 foot lots are not a personal
preference, 60' x120' and 70'x120' are. David added that with the traffic flow directed as
indicated, the problem of Green Valley has not been solved. With the Cibolo
development a reality and the road crossing Green Valley Road, the traffic off of this
road (from Cibolo) will figure out some way to get to FM 3009, cut through Greenshire
. Drive to Woodland Oaks to the stop light. For many years the City's concern has been
the improvement of Green Valley Road. David added that developers have come and
gone and everyone has tried, however, they have realized that there are significant
costs and have found other means. David further stated that drainage is another factor
to consider. Green Valley Road has several problems such as in the flood plain, large
dips and a bad road. Thus, there is a good reason to improve Green Valley Road and
improve the drainage problems.
Mr. Aiken stated that economically he wouldn't be able to develop wiith the involved
cost of improving Green Valley Road. At this time, Mr. Aiken asked if the city had
considered looking into public improvement district or special assessment. Mr. Aiken
stated that he would consider improving a portion of Green Valley if it were spread out
over enough developers and enough taxable bases. But, to burden 77 acres with
several hundred thousand dollars worth of road and drainage, after all development has
been locked down, puts an on unfair burden on that piece of property.
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At this time, David Richmond stated that he didn't know what the solution might be,
however it's a concern that the City can not afford to let total development on both sides
Green Valley Road complete with and no improvement on Green Valley Road.
Gary Wallace stated that by far this is the best proposal presentation seen by the
Commission for this property. However, he is not sure the Commission can accept the
55-foot lots and its concentration. The existing zoning of approximately 11 acres is R-4
(multi-family) and remaining acreage is R-1 (Single family), with approximately 6 acres
of greenbelt stated Mr. Simonson.
At this time, Mr. Aiken informed the Commission the proposed plan for the future
development of the Besch property to contain hiking trials, and greenbelts
interconnecting within the subdivision. The concept of the 55-foot lots would create a
pedestrian friendly personalized neighborhood.
. Tony Moreno commented that he believes Mr. Aiken has worked out the circulation,
connection of areas to include the greenbelts however, the Wiederstein Road
connection is what opened up this opportunity. With out this connection, it would be a
tough project.
Joyce Briscoe commented that the concept is very good however, we are in agreement
that we would like to see Green Valley Road improved, but no one wants to pay for the
improvements. The Commission can't ask this development to carry the total burden,
when the Commission allowed other development to accommodate doing something
else for the traffic flow.
David Richmond asked who are the builders for the development and was advised by
Mr. Aiken that he has been talking to Pulte Homes as the builder and maybe Wilshire
Homes.
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David Richmond stated that he commended Mr. Aiken in trying to make use of the
property and finally looking at the big picture from the City's standpoint. The City has to
figure out a way to improve Green Valley Road. The Commission must conveyor push
a resolution to City Council, advising that the time has come to figure out a way to
improve Green Valley Road. There has to be money out there and we must have some
way of locating this money.
Ernie Evans commented that he agrees that this is the best plan presented for the use
of this property so far. However, concern would be to the tree preservation ordinance in
the heavily treed area. Other than that, I believe this is a pretty good design if you could
get cooperation from Randy Dym and get a second exit.
Mr. Aiken stated that this presentation was not to be an action item, we wanted to
discuss the issues, because we did not know what the issues would be. However, we
would like to bring this issue back two weeks from tonight for consideration and request
. an approval of master plan and a zoning situation, similar to the Jonas Woods
development.
#14 General Discussion:
Tony Moreno:
Tony had no comments.
Gary Wallace:
Gary asked what was the status on K & B fence. Steve advised that the inspection
department stopped the contractor. The fence specification was on the plat and the
building permit. The fence will be corrected to have metal fence posts.
. Joyce Briscoe:
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Joyce believes the variance request from Jonas Woods for relief of parkland fees,
should not be given. The city does not have enough ball fields and parks, why in world
is the Commission allowing a developer off the hook for anything. These developers
should pay the full premium, so the city may have the money to provide for our citizens.
Ken Greenwald:
Ken reported on a staff briefing. The Attorney General gave a recent opinion, which
included a dictum. What this amounts to is that if someone comes in to a meeting and
brings up any issue not on the agenda, only one of three things may be said.
1. State city policy
2. Discuss to get the item on a later agenda.
3. Statement of fact.
Ken added that nothing could be discussed unless it is part of the agenda, this rule does
. not apply to public hearings.
Ken reported that the city is in Stage 1 of water conservation.
David Richmond:
David reported that he counted 50 billboards on IH35 between the city limit and
FM3009, and approximately ten or fifteen from FM 3009 to Selma.
Steve Simonson:
Steve reported that information on the billboard change has been turned over to the
legal department and we are waiting to hear from them.
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Ernie Evans:
Ernie commented on a white banner hanging where the playground facility use to be, on
the access road off of IH35 as you exit Schertz Parkway, could someone check it out?
#13 Adjournment:
David Richmond moved to adjourn the meeting. Gary Wallace seconded the motion.
The meeting adjourned at 9:30 p.m.
ATTEST:
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