01-26-1999
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PLANNING & ZONING MINUTES
The Schertz Planning and Zoning Commission conducted a Public Hearing on Tuesday
January 26, 1999, at 7:00 p.m. in the Municipal Complex Council Chambers, 1400
Schertz Parkway, Schertz, Texas. Those present were as follows:
PLANNING & ZONING COMMISSION
CITY STAFF
David Richmond, Vice-Chairman
Keith Van Dine, Secretary
Gary Wallace
Tony Moreno
Joyce Briscoe
George Maxfield
Steve Simonson,
Asst. City Manager!
Planning Coordinator
Mary Ybarra,
Planning Secretary
Commissioners Absent
Others Present
Ernie Evans (work related)
AI Barton,
4612 Flagstone Dr.
Roman Froboese,
4513 FM 3009
Lewis Westerman,
Corridor Properties, Ltd.
Lil Metzger,
4513 FM3009
Bruce McOsker,
PECO Construction
Doris Stacy,
4513 FM3009
Keith Milles
Kaufman & Broad
Peter Bailey,
4609 Flagstone
#1 Call to Order:
David Richmond called the meeting of January 26, 1999, to order at 7:00 p.m.
#2 Public Hearing: To receive citizen input on a request from the City of Schertz
to rezone 2 tracts owned by Corridor Properties, Ltd., Tract 1, 4.68 acres, bounded by
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Seguin State Bank and the entrance to Forest Ridge Subdivision on FM 3009; Tract 2,
6.14 acres bounded by the entrance to Forest Ridge Subdivision and C.P.S. electric
easement on FM 3009 from (GB) General Business to (NS) Neighborhood Services.
(ZC# 160-98)
David Richmond explained the procedures to be followed in the public hearing and
thanked everyone for their concerned interest. David Richmond stated that pending the
out come of the meeting this evening, and recommendations to the City Council, the
City Council will schedule their public hearings. He requested that anyone wishing to
speak, to step up to the podium and state his or her name for the record.
David Richmond asked for staff input.
Steve Simonson stated that in accordance with the City ordinance twenty-seven (27)
letters were sent out to surrounding property owners within a 200' radius of said
. property. Of the letters sent out, eleven (11) letters were received in favor, one (1) letter
was received in opposition. The letter received in opposition was the Corridor Properties
Ltd. owner of the said proposed rezoning.
Mr. Lewis Westerman, representing Corridor Properties Ltd., stated that the owner
(Corridor Properties Ltd.) is opposed to the rezoning for several reasons.
1. Agreement by the City in 1983 granted a zoning of General Business (GB) for
the property.
2. Singling out property, giving an appearance of "spot zoning".
3. Characteristic of the property, which includes the proximity to IH 35 and
FM3009, utility easements, over head electrical lines and configuration of the
property render that the most appropriate zoning would be "general
business" .
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Mr. Westerman commented that the surrounding property owners and developers were
well aware that "general business" was in effect at the time of purchase, (land, and lots,
etc.). Mr. Westerman stated that Corridor Properties, Ltd. questions and objects to the
proposed zoning, and would appreciate knowing why the city feels the change is
necessary.
David Richmond stated that the Commissioners would have the opportunity to discuss
this issue in the regular session meeting.
AI Barton, 4612 Flagstone (Forest Ridge Subdivision) stated that several citizens
elected him as spoke person to relay concerns, and that they are in favor of rezoning
the property.
Mr. Barton stated that the type of businesses that are authorized in "GB" zoning such as
"adult book store, adult video, massage parlors etc." are not appropriate in conjunction
. with a newly developed residential area, nor does it enhance the value of property. Mr.
Barton commented that it is great that the city is stepping forward and proposing a
zoning change for the area. This change in zoning (NS) will escalate the value of
property, and won't depreciate the value. Neighborhood Services (NS) zoning will
preserve treed areas, which will keep the area beautiful, and for these reasons citizens
selected this area to live, and it would be a slap in the face if the zoning stays "GB".
Doris Stacy, 4513 FM3009 stated that she grew up in the Forest Ridge area 12 years
ago before "Barshop" became owner, and that the (few) residents at the time were not
aware of businesses that were authorized in "GB" zoning. These residents since then
have acquired a list of businesses that fall under "GB" zoning, and they agree that if the
area is to be kept safe and beautiful that a it warrants a zone change.
Several citizens voiced some of the same concerns, and stated that they are in favor of
the proposed rezoning.
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Several citizens voiced some of the same concerns, and stated that they are in favor of
the proposed rezoning.
Lewis Westerman stated that the objections and concerns that have been raised
concerning sexually oriented businesses are not a problem to the owner. Mr.
Westerman stated that property sold in the area in the past, and present, will indicate
deed restrictions from sexually oriented businesses (adult nightclubs, etc.) restrictions
have been imposed, thus confirming that the owner is against any type of business
related on this sexually oriented business activity. Mr. Westerman commented that he
could only speak for himself and not the owner, however, he would recommend to deed
restrict the property from sexually oriented business activity of any type.
Mr. Westerman stated that the history of property sold in the area indicates that the
owners have worked well with the City of Schertz, and that they have been good
neighbors. The owner's goal is not to take the undeveloped land into a direction that
. would be suitable for everyone concerned. In conclusion, Mr. Westerman suggested
that if this is the only problem, maybe there is another solution, instead of
"downgrading". (the zoning).
David Richmond asked Mr. Westerman to explain" the major objection" to the proposed
zoning change?
Mr. Westerman stated that the authorized uses of "NS" versus "GB" included in (NS) are
(video stores, kindergarten, medical/dental clinic, convenience store, and telephone
store, etc.). He does not understand why the current owner should be penalized to the
degree that if an opportunity presented itself to sell or develop that it would limited to
those types of uses. Mr. Westerman stated that it is a residential area; however, the
property is very close to a commercial intersection, and concluded that the "GB" zoning
as it was originally negotiated is most appropriate.
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rezone to insure that residential properties are supported by (NS) Neighborhood
Services. At the time of the agreement (1983), there was very little development, and
no way to predict that in fact this area would be the residential artery through the City.
At this time, there was no prospect of any development on IH35 or FM 3009. David
Richmond concluded that it is a continual concern of the Planning and Zoning
Commission as well as the City Council to encourage development in the right places at
the right time. This type of rezoning would not be considered "spot zoning" rather it is an
attempt to bring these properties in line with the rest of business properties along FM
3009 that front residential neighborhoods.
With no further discussion, David Richmond closed the public hearing.
#3 Adjournment of Public Hearing:
David Richmond closed the public hearing at 7:20 p.m.
The Schertz Planning and Zoning Commission convened in regular session after the
public hearing. The agenda was as follows:
#4 Call to Order:
David Richmond called the regular meeting to order at 7:20 p.m.
#5 Approval of Minutes:
1999.
Public Hearing and Regular sessions of January 12,
David Richmond asked for corrections or additions to the minutes of January 12, 1999.
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Gary Wallace stated that on page one, Call to Order; correct date to "1999". Joyce
Briscoe stated that on page six, last paragraph; correct spelling of "Woolverton" to
"Wolverton" .
With no further additions or corrections, Joyce Briscoe moved to approve the minutes of
January 12, 1999, as amended. Keith Van Dine seconded the motion that carried
unanimously.
#6 Status of Final Plats:
There were none.
#7 BOA Actions:
Joyce Briscoe stated that there is no report, the Board of Adjustment (BOA) has not
met.
. #8 Citizen's Input Other Than Agenda Items:
There were none.
#9 Consider and Make Recommendation: Request from the City of Schertz
to rezone 2 tracts owned by Corridor Properties, Ltd., Tract 1, 4.68 acres bounded by
Seguin State Bank and the entrance to Forest Ridge Subdivision on FM 3009; Tract 2,
6.14 acres bounded by the entrance to Forest Ridge Subdivision and C.P.S electric
easement on FM 3009 from (GB) General Business to (NS) Neighborhood Services.
(ZC #160-98)
Steve Simonson clarified that the Roman Froboese tract and the entrance to Forest
Ridge bound the second tract, and that the C.P.S. electric easement crosses this tract.
Enclosed are the metes and bounds of these two tracts and the drawing of the two
tracts indicating the surrounding properties.
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Gary Wallace stated that the primary objective of the Planning and Zoning Commission
is to see that the proposed usage of land does not clear cut an area, such as storage
units. The only way to preclude this type of business is to rezone the area to
development that better fits the property.
Mr. Westerman stated that under the (NS) zoning there are several businesses that
would result in cutting some or all trees. Instead of taking extreme measures, Mr.
Westerman suggests that perhaps there is another way, such as prohibiting mini
storage or any type of warehouse. Mr. Westerman stated that the Planning and Zoning
has other means to prohibit this type of development. Developers are required to
present site plans and request approval from the Planning and Zoning Commission.
David Richmond stated that approved (NS) development along FM 3009, has worked
well with the city, in abiding to landscape and esthetic purposes, thus recognizing that
. the area is residential. The Planning and Zoning Commission believes that (NS)
provides the City with an opportunity greater than (GB), when confronted with requests
such as the one from Centurion Mini Storage which provided no recourse other than to
disapprove. The Neighborhood Services (NS) zoning list better fits the area.
Tony Moreno asked what would be the legal issue on "spot zoning"? Steve Simonson
commented that "spot zoning" is normally a zoned area (i.e. residential area), where
another type of zoning is placed in the area. In the agreement with the City and
Barshop, the original concept for the property was dual zoning of (GB) and (M-1)
Manufacturing. The original concept was a large business park. The City of Schertz
worked into the agreement with Barshop, and parties' such as the State, the City and
Barshop spent money to redo the drainage before any type of construction was started
around 1986 and 1987. The drainage was changed to much lower and closer to the
Froboese property. The original agreement of (GB) zoning included such businesses as
Diamond Shamrock, HEB etc. for this area, however it was changed with the Forest
. Ridge development, thus making a complete change to the zoning of the property as
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built into it to protect commercial property abutting to residential property. In conclusion,
the change to zoning came from the development of Forest Ridge, and not from the City
of Schertz.
Keith Van Dine asked for clarification to "deed restrictions" to control certain type of
development in a proposed area. Mr. Van Dine was advised that a "deed" in most cases
supercedes City ordinances, it would have to be enforced by the property owner, (HOA)
not the city, thus making it a civil action.
Gary Wallace moved to forward the request from the City of Schertz to rezone 2 tracts
owned by Corridor Properties, Ltd., Tract 1, 4.68 acres bounded by Seguin State Bank
and the entrance to Forest Ridge Subdivision on FM 3009; Tract 2, 6.14 acres bounded
by the entrance to Forest Ridge Subdivision and C.P.S electric easement on FM 3009
from (GB) General Business to (NS) Neighborhood Services to the City Council
recommending approval and to schedule public hearings. Keith Van Dine seconded the
. motion that carried unanimously.
#10 Consider and Take Appropriate Action: Request from PECO
Construction Company for Site Plan Approval for Enterprise Rent-A-Car on IH35 North.
(PC#397-99)
Steve Simonson stated that the site plan is for the Enterprise Rent-A-Car business. A
plat is not included due to the property being leased not purchased. The attached sign
information meets all the city requirements. It's a basic site plan showing what will be
planted and where, the lighting is shown to be on the building, and dumpster will not be
required.
With no further discussion, Keith Van Dine moved to approve the request from PECO
Construction Company for Site Plan Approval for Enterprise Rent-A-Car on IH35 North.
Gary Wallace seconded the motion that carried unanimously.
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#11 Consider And Take Appropriate Action: Request from Benchmark Homes
for a variance to the sign ordinance for sign placement on FM3009 and Crest Oak.
(PC#396-99).
Steve Simonson stated that Benchmark is requesting placement of signs on property
that is adjacent to the north side of Oak Forest Subdivision. Property owner has given
authorization for placement. The request is for placement of three signs, the city
normally authorizes signs at the entrance of the subdivision and a development sign.
This request is for three signs along Crest Oak, which has never been allowed in any
subdivision.
Gary Wallace stated that it is a bit of "overkill", and asked if Benchmark was told of the
city's opposition to signage? Benchmark was not specifically told of the City's
opposition; however, Benchmark was advised that information (type, size etc.) be
provided and submitted for consideration to the Planning and Zoning Commission.
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Mike Buffler, owner of Benchmark Homes, stated that the reason for the signage at the
corner of Crest OaklFM3009 is to attract traffic into the northern part of the subdivision.
The placement of the two additional signs is to insure that the traffic is directed to the
entrance of the subdivision, % mile from the intersection of FM3009!Crest Oak.
David Richmond stated that he had no problem with two signs and agreed with Gary
Wallace on the placement of three signs. The sign at the corner of FM3009 is warranted
as is the sign at the subdivision entrance. In conclusion, David stated that if buyers are
interested, and are directed by the sign at FM3009!Crest Oak, they will find the
subdivision.
The Commission discussed bandit signs; however, Mike Buffler stated that their signs
are professional, well maintained and bandit signs are not what they would want to use.
Mr. Buffler stated that they would gladly accept a sign on the corner and a sign at the
. subdivision entrance.
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With no further discussion, Gary Wallace moved to disapprove the request of
Benchmark Homes for a variance to the sign ordinance for sign placement on FM3009
and Crest Oak. Keith Van Dine seconded the motion that carried unanimously.
#12 Consider And Take Appropriate Action: Request from Kaufman and
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Broad for a variance to the sign ordinance for sign placement on FM 3009.
(PC#395-99).
Steve Simonson stated that this request is for an off-premise sign, which requires a
variance from the Commission. This sign would be placed across the street close to the
Berry Creek entrance, on undeveloped property adjacent to the Tiger Tote.
David Richmond stated that the Commission is faced with the same problem as in the
previous agenda item. Authorization was given to the developer of Greenshire for
placement of a sign at the entrance, which list all builders within the subdivision and
. also placement of a sign at the entrance of each builder's section of the subdivision.
This has maintained the City sign ordinance throughout the development.
Keith Milles, regional sales manager with Kaufman & Broad stated that the placement of
bandit signs on weekends, and ongoing activity in the subdivision during the week is
consequently not enough. Mr. Milles stated that they have received reports that signs
are being missed and signage is not visible. For this reason, Kaufman & Broad is
requesting the variance.
Gary Wallace stated that if authorization were given for one, the Commission most likely
would receive more requests of this nature.
David Richmond stated that the Commission appreciates the concern; however the city
is trying to maintain consistency to support the sign ordinance. The city tried to address
the issue in different ways, suggesting to several developers that an ideal area for a
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development sign would be on FM3009/1H35 which would list all builders on FM 3009
and direct traffic down the road.
Mr. Milles stated that the problem is not traffic from the IH35, it is traffic on FM 3009.
There is a tendency of people to miss the signage and thus miss the area. The bandit
signs on the weekends are getting the traffic into Greenshire; however, during the week
traffic seems to miss the signage. Placement of the additional sign will help direct traffic
into the area.
Mr. Milles asked that if two signs whether "off premise" or not were allowed anywhere in
the City? Steve Simonson stated that development signs were allowed "off premise"
until the City changed the ordinances. With these changes on FM 3009, and due to the
restrictions, the City has stopped permitting any "off premise" signs.
With no further discussion, Keith Van Dine moved to disapprove the request from
. Kaufman and Broad for a variance to the sign ordinance for sign placement on FM
3009. Joyce Briscoe seconded the motion that carried unanimously.
#13 General Discussion:
Georae Maxfield:
George had no comments.
Tony Moreno:
Tony commented that he was glad the Commission voted to disapprove the sign
requests.
Gary Wallace:
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Gary informed the Commission that he would not attend the meeting of February 9,
1999.
Gary mentioned that the crosswalk at Woodland Oaks does not have good visibility and
it is directing citizens into a hazardous area. Steve Simonson stated he would contact
TXDOT and would take a look at the area. Steve added that if a sidewalk were placed it
would be at the city's expense.
Gary commented about dirty water in his home. A filter is used and is changed out
about every six months; however, the filter needed to be changed after about six weeks.
Mr. Greenwald stated that there are plans for water line repairs, but he doesn't think the
repairs have been started. Mr. Greenwald stated he would bring up the issue.
Keith Van Dine:
. Keith commented that he agreed with disapproving the sign variances.
Keith commented that there are several areas out in the area where he lives that need
to be looked at by the Inspection Dept. There is junk and burned buildings that are
unsafe and hazardous
Joyce Briscoe:
Joyce asked what is the status on setting a time to discuss the Master Plan for the City.
Steve Simonson stated that he would set up a meeting to discuss cost and other items.
The work on the Master Plan up to this point will have to be updated due to the time
passed.
Ken Greenwald:
Ken reported that Waste Management has bought out Alamo Waste and USA Waste.
. USA Waste asked for a one-year extension on their contract and Council denied it.
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Waste Management is having start up problems, with late pickup, no pickup etc. They
are in the process of working out the problems. The recycle pickup has changed from
twice a month to weekly pickup. There is discussion of a larger container and once a
week pickup with bags that will be provided by the city's contract. This would eliminate
the trash container, which would save them money and trash pick up would be quicker.
Ken reported that the Water Commission met last Thursday. Some of the members
visited Corpus Christi to gather information to see how their system was put in. The next
meeting is next Thursday in Seguin.
Ken reported that several weeks ago, there were suggestions given by several citizens
on flooding, such as;
1. Change the railroad bridge
2. Level bottom of the creek, using the U.S. Army Corp of Engineers
. 3. Straighten the creek
4. Install a Warning system
Ken commented that before the City can act, a report from FEMA is needed.
Steve Simonson:
Steve reported that he is attending a seminar sponsored by the Division of Emergency
Management and is gathering much information. He is happy to report that the Division
of Emergency Management that handles requests for FEMA has approved a warning
system for the City of Schertz as requested.
Steve Simonson stated that the City is very fortunate to have the City Council and the
Commission enforce floodplain management in developments within the City. There are
many horror stories from different City's across the State where political pressure on
floodplain managers is such that these issues are ignored.
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Steve mentioned that when Carolina Crossing was approved for rezoning, the City
Council approved the zoning with the assurance that another emergency exit is needed.
Planning and Zoning approved the master plan with one entrance off of Savannah Dr..
The City will have to work with the developers to insure another emergency exit is
placed.
Steve mentioned that based upon requests from homeowners associations, the Council
has requested that changes be made to the "Special Exception and Specific Use
Permit". City staff has made some suggested changes to the special and specific use
ordinances, which will give the City, better information. He would like for the
Commission to look over these suggestions, and if the Commission approves, how
would the Commission like it handled? Having it as an agenda item or just approving
the changes. The information would help the City in that the information provided will
indicate that the homeowners association has been contacted.
. The Commission was in agreement that it is a great idea, and asked for it to be an
agenda item to be considered at the next meeting.
David Richmond:
David mentioned that he was not surprised to hear of the request from Kaufman &
Broad for additional signage, in view of the fact that the homeowners association (HOA)
was contacted first and suggested City compliance was necessary.
#14 Adjournment:
Gary Wallace moved to adjourn the meeting. Keith Van Dine seconded the motion. The
meeting adjourned at 8:40 p.m.
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ATTEST:
Planning Secretary, City of Schertz
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, ,J.
Chairman, Planning & Zoning Commission
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