12-14-1999
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PLANNING & ZONING MINUTES
The Schertz Planning and Zoning Commission convened in Regular Session on
Tuesday December 14, 1999, 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
Gary Wallace
Joyce Briscoe
Keith Van Dine, Secretary
Ken Greenwald, ex-officio
Steve Simonson,
Asst. City Manager/
Planning Coordinator
Mary Ybarra, Planning/
Recording Secretary
Commissioners Absent
Others Present
Maureen Goodrich,
733 Twin Branch
Susan Sewell,
Bernice Kraft,
Sandra Kraft,
18407 IH35 N.
Joel Johnson,
11925 Stafcrest
Lee Fredrick,
202 Bending Oak
Debbie & Thomas
Hollingsworth,
1204 Spicewood
Michael Eakman,
4608 Flagstone
Vicente Salazar,
500 Winburn
#1 Call to Order:
Chairman Evans called the December 14, 1999 meeting to order.
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#2 Approval of Minutes:
1999.
Public Hearing and Regular session of November 23,
Chairman Evans asked if there are any correction or additions to the minutes of
November 23, 1999?
David Richmond stated that on page 10, in his comments, sixth line, add the word
"population" after the word "doubling" and delete "SQ. ft. of area". In the eighth line of the
same paragraph delete "the" before the word "tax". Correct the spelling of "revenue" on
the same line.
Chairman Evans stated that he made some typographical corrections to the minutes
and has turned these corrections over to the recording secretary.
With no further corrections or additions, a motion was made by Gary Wallace and
. seconded by Tony Moreno to approval the minutes of November 23, 1999, as
amended. With a vote being called, the motion was approved.
#3 Status of Final Plats:
There were none.
#4 BOA Actions:
There was no report given.
#5 Citizen's Input Other Than Agenda Items:
There were none present.
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#6 Consider and Make Recommendation: Request from Vicente Salazar,
500 \lVinburn for a Special Exception to the Zoning Ordinance to encroach 17' into the
20' rear yard setback for construction of a garage/storage and covered carport. (BOA
#132-99).
Steve Simonson stated that the reason this item is before the Commission is because
the garage, carport and storage have all been tied together at the roof line of the back of
the house. Previously, these items were separate structures, however now that these
items are tied together the 20' building set back from the property line is not met. Steve
pointed out these additions have been constructed proportionally and enhance the
appearance of the home.
Ernie Evans asked if there were any additional curb cuts planned and was advised that
there would not be any.
. Gary Wallace commented that he agreed with Mr. Steve's comments in regard to the
additions being an improvement to the appearance of the home.
With no further discussion, a motion was made by Joyce Briscoe and seconded by Tony
Moreno to forward recommending approval on the request from Vicente Salazar, 500
Winburn for a Special Exception to the Zoning Ordinance to encroach 17' into the 20'
rear yard setback for construction of a garage/storage and covered carport to the Board
of Adjustment for their consideration. With a vote being called, the motion was
approved.
#7 Consider and Make Recommendation: Request from Michael & Anita
Eakman, 4608 Flagstone for a Special Exception to the Zoning Ordinance to allow
construction of a storage shed 12' into the 15 foot utility easement. (BOA #133-99).
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Steve Simonson stated that the Commission approved a similar request from an
adjacent neighbor (Mr. Barton). The reason for the approval is because CPS has no
power lines in the utility easement; power lines are at the front of the property. Steve
mentioned that at the time of platting CPS had requested the easement in order to run
overhead power lines however, none have been placed in the easement. Steve added
that he spoken to Barbara Borell from CPS and they are currently working together to
remove the easement. Steve concluded that he recommends ignoring the easement
and suggests the request be forwarded to the Board of Adjustment with City Staff
approval because obviously the easement is a mistake and should not have been part
of the plat.
With no further discussion, a motion was made by David Richmond and seconded by
Keith Van Dine to forward recommending approval on the request from Michael & Anita
Eakman, 4608 Flagstone for a Special Exception to the Zoning Ordinance to allow
construction of a storage shed 12' into the 15 foot utility easement to the Board of
Adjustment for their consideration. With a vote being called, the motion was approved.
#8 Consider and Make Recommendation: Request from Bernice Kraft,
18407 IH35 North for a Specific Use Permit to place a manufactured home on Industrial
property. (SUP #21-99).
Steve Simonson stated that there is a correction to the agenda, the property is Industrial
property not residential property. Steve explained that this is a case where the family
owns all of the property and wishes to move in a manufactured home. The
manufactured home would be placed well away from all other structures. The
manufactured home would be lived in while the family contracts out and build a
permanent home. This property is rural land that is well setback from IH 35 access
road.
Tony Moreno asked if this request was considered a zoning issue? Steve Simonson
. stated that the request is for a specific use permit not a zoning change. The family has
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stated that the construction of the permanent residence would take approximately two
years. The specific use permit would allow the placement of the manufactured home
until the permanent home is built. The zoning would not be affected because the
property would only be used for the requested usage (single residential). The type of
residential use could not be changed because the specific use (single residential) is for
that use only. The permit is for the whole property until the permanent home is built at
which time the manufactured home would be removed.
Gary Wallace asked how does the Commission establish a time limit for the
manufactured home? Steve Simonson stated that the Commission would need to
establish the time limit, the family has stated in their letter that it would take
approximately two years. If the Commission approves the time limit requested and the
family exceeds the two-year time limit, the family would need to request an extension
from the Commission.
. David Richmond voiced concern with the agenda wording, no where as part of the
agenda does it mention that the Commission would be approving the building of a future
permanent home. How is approval granted for a permanent home on Industrial property
when the request is for a specific use permit for a manufactured home? David suggests
that the specific use permit needs to be broaden to include the under taking of the
building. Or suggests, another agenda item is needed.
Gary Wallace suggested that the Commission act on the agenda item requested and
when the family is ready to start construction on the permanent home another specific
use permit should be requested.
Steve Simonson explained to the family that not to delay them from proceeding the
Commission could act on the item before them and if approval was granted the family
could place the manufactured home on the property. Steve added that when the family
was ready to start construction of their permanent home they could request another
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specific use permit for the building of the future home. The family was in agreement that
the agenda item should stand as written (to place a manufactured home on site).
Gary Wallace stated that the time limit is another issue that should be addressed. Is the
two-year time limit enough? Gary suggested a three-year time limit, if the family is not
to start construction for another six months. The family was in agreement and excepted
the three-year time limit suggested by the Commission.
With no further discussion, a motion was made by Tony Moreno and seconded by Keith
Van Dine to forward recommending approval on the request from Bernice Kraft, 18407
IH35 North for a Specific Use Permit to place a manufactured home on Industrial
property with a time limitation of three years to the City Council for their consideration.
With a vote being called, the motion was approved.
David Richmond suggested that the family should not wait until they want to start of
. construction before requesting the specific use permit for the building of the permanent
home. The request would need to go through the process of the public hearing by the
City Council and if requested right way there would not be any delay.
#9 Consider and Take Appropriate Action: Request from Riedel's Furniture
& Appliance, 1052 FM 78 for sign placement along FM 3009 and Schertz Parkway. (PC
#432-99).
Steve Simonson stated that the request is for some type of signage on FM3009. The
letter that is part of the packet is self-explanatory. The request asks for some type of
real estate signage on FM 3009 to get traffic onto FM 78 to their place of business.
Ernie Evans asked for a representative from Riedel's Furniture however, no one was
present. Ernie stated that the Commission could do two things, table or deny the
request.
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Gary 'lJallace commented and reminded the Commission that the Church and Sterling
Real Est....te re"'''8S+ of........ ~.-l.-Ii+I......n""l signane u'a. S nnf annrnHe.-l If +he f"n............iScoinn tuare fn
I i::i I '"1U ~ IVI QUUI1.VIIC;U I II ~ YV I IV&. t-'PIVV u. II LlI VVIIIIIII .;:;J'IVII YVvl LV
allntA1 fhiS ",innano fhi", tAln,.I.-1 nnen fhe .-Innr fn anHnne rerll'eSfinn fhi", funo nf ",inn",no
II'\"IVV 1.111 ~t~11 ~Q, 1.111.,;1 YVVUIY VI'-' II \,11 . \,AVVI I.V IIIVt' I "'"1\.01 - l.1I1~ 1.111":' "Yt-'liJ' VI oOl~'I'U~::f\J;.
Ernie Evans stated that he agrees with Gary however, he would prefer to table the issue
until represenfaflnn "an shnul an.-l nof des'lgnafe a f'lme frame +h"S niuinn fhe...... an
" , I< .;VII '-' II IIVVV I..... .. ."." II , UItA l:::I'VllIl:::I LII "' II
opportunity to speak.
\lVith no further discussion, a motion was made by Gary Wallace and seconded by Keith
Van Dine to table the request from Riedel's Furniture & Appliance, 1052 FM 78 for sign
placement along FM 3009 and Schertz Parkway. With a vote being called, the motion
was approved.
#10 Consider and Take Appropriate Action: Request from Lee Fredrick for
Final Plat Approval of IH 35 Self Storage Subdivision. (PC #430-99).
Steve Simonson stated that the final plat has the correct owners as requested. Steve
added that the city engineer has approved the preliminary calculations for the drainage
for the property. The final drawings for construction of the detention pond are not
approved at this time however, this does hold up the plat. Building permits would not be
issued until the drawings are approved for the pond.
Ernie Evans asked if the drainage issue is a joint venture as it was previously
discussed. Steve Simonson stated it was not, the calculations are only for the property
that is being platted. Steve added that Mr. Fredrick and the city engineer decided to
oversize the detention pond to assure there would not be a problem.
With no further discussion, a motion was made by Keith Van Dine and seconded by
Joyce Briscoe to approve the request from Lee Fredrick for Final Plat Approval of IH 35
Self Storage Subdivision. With a vote being called, a motion was approved.
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#11 Consider and Take Appropriate Action: Request from Best Cleaners, Inc.
for Preliminary/Final Plat Approval of Main Street Business Park. (PC #433=99).
Steve Simonson stated that this request is presented as a preliminary/final plat in that
this property is developed property. The plat shows the electric outside the property line,
the distance from the railroad tracks, property owner, vicinity map, and flood plain
statement.
Ernie Evans questioned if the plat is two separate lots and was advised that the one lot
is broken down to make two lots.
Steve Simonson mentioned that the buildings would be remodeled making it a nice
location. Steve also mentioned that the building that will house the real estate office has
some history behind it. It was the City's fire station, City Hall, first Library, and finally
darts and beer.
With no further discussion, a motion was made by Joyce Briscoe and seconded by
Keith Van Dine to approve the request from Best Cleaners, Inc. for Preliminary/Final
Plat Approval of Main Street Business Park. With a vote being called, the motion was
approved.
#12 General Discussion:
Tonv Moreno:
Tony wished everyone a Merry Christmas and a Happy New Year and reminded
everyone not to drink and drive.
Keith Van Dine:
Keith wished everyone a safe Holiday and said will see you next year.
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Gary Wallace:
Gary mentioned that Eckerd Drug being the first to follow the city's tree ordinance, has
Eckerd been checked on their tree DBH. Steve Simonson stated the tree's have been
planted however he has not checked the measurement of the DBH. Gary suggested it
would be smart to measure, the intend was to have 4" DBH for every 50 feet. In looking
at the trees planted, he can bet there are none with more then an inch of DBH.
Gary also wished everyone a Merry Christmas.
Jovce Briscoe:
Joyce commented that she agreed with Gary. So many of the landscaping plans look
good on the blueprints, however when it actually goes in, it doesn't look like the
blueprints. Joyce also mentioned that the road between Arby's and Jack in the Box that
intersect with FM 3009 has pooled water and a 10" drop off which will eventually ruin a
lot of cars. Can something been done to fill in this drop off and who is responsible for
. the road? Secondly, can anything be done on the water run off from the Texaco unto
Denny's parking lot?
Steve Simonson stated that any road that intersects with FM 3009 is designed by the
TXDOT. The road is a private easement belonging to the businesses along the road.
TXDOT is responsible for the road intersection only onto FM3009. Steve added that he
would check into the water run off because there should not be any and he assumes
Denny's would complain if they had problems.
Joyce also wished everyone a Merry Christmas and Happy New Year.
Ken Greenwald:
Ken reported that the trip to New York was successful, the bond money for the water
project was acquired. 'The water project is a go". The city received excellent rating on
standard force, and excellent insurance rating. The 22nd of December the first of the
. bond money will arrive, 10 million dollars. Between the City of Schertz and the City of
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Seguin the monies invested is 1.8 million dollars. Fifteen to sixteen hundred acres have
been purchased and several others are under contract. Approximately, 22 to 24
hundred acres which is more than enough land for well fields. Water delivery for the City
of Schertz is approximately 2 % years away and water quality is excellent.
David Richmond:
David commented on Pulte's construction trailer and asked if there are plans to remove
the trailer soon? In previous discussions, Pulte was given to the end of the year to
remove the trailer at its present location (Green Valley Road). The appropriate place for
this construction trailer is on their property. If everyone agrees the Commission should
not grant an extension for any more time.
David also wished everyone a Merry Christmas and Happy New Year.
Ernie Evans:
. Ernie mentioned that 'Theis" has finished his expansion however has failed to put in the
landscaping. Someone needs to remind him of this. Steve stated that Mr. Theis has
been notified.
Steve Simonson:
Steve reported that finally a start date of January 17, 2000 is planned for the
construction of FM 78. The projected time frame for the project is 2 years. The cost of
the project is 8.3 million dollars. The plan is to start at FM 1518 and 1st and work back to
the Cibolo Creek area and start on the bridge. These areas are to take the longest and
require more work. Citizens will be advised on street closures, Schertz Parkway to FM
78 are planned to close up to 30 days, it is hoped that maybe only up to two weeks
however it could take the entire month. The City of Schertz and Universal City will be
working together to see that advanced notice of all the different changes are published.
There will be times that FM 78 will be down to one lane, however only between the
hours of 9 a.m. to 3 p.m. never during the rush hour traffic. This construction is going to
. be a very complicated job, a very high profile job from TXDOT's point of view because
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there will be people from EPA looking at this job. In addition, I don't think anyone
believes that the low water crossing between FM78 under the railroad bridge will
disappear.
Steve Simonson also mentioned that Walgreens has been approved for the traffic light
at Savannah Drive and Arroyo Verde. Expected time frame for the traffic light and
Walgreens to open their doors are approximately June 1, 2000. Walgreens will be
paying the tree mitigation fee. Steve added that additional retail that he can not mention
at this time is also in the works, possible expansion of HEB complex. There is a lot of
talk about more development in the area behind the Credit Union. The concerns that
have been brought up at our meetings about the corner of FM 3009 and IH 35 are being
looked at. The most obvious answer would be to place a concrete barrier between the
two areas, not allowing traffic to zip across FM 3009. The Schertz police department is
working on suggestions and the highway department is welling to work with the city.
. Steve also wished everyone a happy and safe Holiday.
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Ernie also wished everyone a happy Holiday and best of wishes.
#13 Adjournment:
David Richmond and Keith Van Dine moved to adjourn the meeting. Gary Wallace
seconded the motion. The meeting adjourned at 7:55 p.m.
ATTEST:
Planning Secretary, City of Schertz
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