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06-24-1997 . . . e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, June 24, 1997 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 MERWIN WILLMAN, SECRETARY PIA JARMAN GARY WALLACE KEITH VAN DINE TONY MORENO KEN GREENWALD, COUNCILMAN, ex-oficio STEVE SIMONSON, ASST. CITY MANAGER MARY YBARRA, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT Jan P. Huggins, 2925 Bent Tree Dr. Sam Bledsoe, Forest Ridge Subd. Oliver Nelson, Joe Haynes, Fisher Engineering Ron Krape, Vision Homes R. W. Opitz, Rick Senkbeil, R. W. Opitz & Assoc. None # 1 CALL TO ORDER Chairman Ernie Evans called the June 24, 1997 regular meeting to order at 7:01 p.m. #2 APPROVAL OF MINUTES: Regular Session June 10, 1997 to the minutes: read Gary Wallace corrections to correction on last paragraph that in item #7 Chairman Ernie Evans asked for any corrections Gary Wallace stated that on page three it should as "opposed" and "motion failed": page six: paragraphs one, four and six, there was also a paragraph seven. Pia Jarman stated on page seven some corrections were needed. David Richmond added paragraph five a correction be made. Pia Jarman moved to approve the minutes of the Regular Session of June 10, 1997 as amended and corrected. Gary Wallace seconded the motion which carried unanimously. -1- . . . e e #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. #4 STATUS OF PLATS: Nothing to report at this time. '5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from 3009 Partners, Ltd. to not build a side walk on east side of entrance to Forest Ridge Subd. Unit 1. Steve Simonson stated that in accordance to the ordinance it is required that when a street is built, sidewalks are to be built on both sides of the street. In Forest Ridge Subdivision there was a lot of moving around of the road in order to save the trees. If a sidewalk was built on the east (actually south) side where there is an outfall to the drainage channel and a large clump of trees, the sidewalk would be built in someone's yard. Chairman Ernie Evans pointed out that the north side is the HEB side and the south side is our side. The sidewalk has been built on the north side where it comes out at 3009. Ernie Evans added that someone was present to represent Mr. Sanditen to discuss the matter. David Richmond commented that it is a good argument and he does not see any reason not to approve this request. Pia Jarman stated that from the point where the property touches 3009, the developer does not own any property on that stretch, which then would not allow him to build on someone else's land. Ernie Evans commented that to date they have done a good job saving the esthetics of the community in terms of building around the trees. The sidewalk on the north side is on the flat part and easy to bring out. One problem will be the pedestrians crossing on their Forest Ridge parkway not on 3009, which is a problem on any other street that intersects 3009. In looking at the area, it seems an acceptable solution in this case. Merwin Willman commented that they would have to remove trees build bridges over drainage areas if a sidewalk were to built. requirement of Article 11, Section 31 should be waived in case. and The this Ernie Evans pointed out this might be a problem down the road, but not for us. Merwin Willman stated that property on both sides is zoned commercial and will be up to each individual purchaser of land to build sidewalks. If we had pictures, they would be worth a thousand words. Willman moved to recommend to City Council that Article 11, 31, Paragraph 31.3 be waived for 3009 Partners, Ltd not to sidewalk. Tony Moreno seconded the motion. Ernie Evans Merwin Section build a -2- e e . stated that we recommend approval to City Council of the wavier of Article 11, Sec. 31, Para.31.3 for 3009 Partners, Ltd. not to built a sidewalk on the south side of the entrance of the Forest Ridge Subdivision along Forest Ridge Parkway from 3009 to the gate. Motion carried unanimously. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Request Huggins, 2925 Bent Tree Drive for Special the Zoning Ordinance requiring a 20' rear to allow extension of an existing deck. from Jan P. Exception to yard setback Steve Simonson commented this was an encroachment extension of a building setback. It's outside the easement. It is for an extension on an existing deck. It's a request of reduction of the rear yard setback from 20' to 16'. Pia moved that the Commission forward the request from Jan P. Huggins for a Special Exception to the Zoning Ordinance to the BOA with our recommendation of approval. Keith seconded the motion which carried unanimously. 17 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Gem Signs Service, Inc. for a Variance to the Sign Ordinance. . Steve Simonson stated that this is a request from a developer outside of the city asking to place a sign on 3009. The sign will be placed on the most northern side of the property. The sign would not be close to the existing funeral sign. David signs. Richmond asked what kind of record Acclaim has on the bandit Steve Simonson does not remember having had any problems. Merwin Willman asked how many builders in Thistle Creek. There are two at the present time. Merwin Willman added that with the subdivisions within the city limits, with more than one developer, we have asked or required that one sign be put up listing all builders for that one subdivision, instead of individual signs for each builder. This should apply to Thistle Creek. If we allow all builders to put up their individual advertising signs, we will have a row of signs all along 3009, like the bandit signs on weekends. Chairman Evans commented that we had no idea what the sign was going to look like. Pia Jarman added that the size was to be an 8' by 8' sign by the indication on the document submitted. . David Richmond asked how the idea of a single sign for Thistle Creek would strike Acclaim Homes. The representative from Acclaim stated that a single sign would be good. All that is needed is identification on 3009 to turn traffic down Dietz Rd. to the subdivision. Buffington Homes is the other builder in the subdivision. This sign would be up 9 to 10 months and the sign would be on the same property as the funeral home. -3- e e . Chairman Evans commented that if there was a joint agreement between Acclaim and the other developers within the subdivision, there would still be a need to put a time limit or some termination issue on this sign request. Ernie Evans added he still would like to know the rest of the specifications in terms of how, when, where the sign is to go up. The Acclaim representative said the sign will be 5' from the ground and 2' away from the fence. Steve Simonson stated that there is a general agreement between the funeral home and Acclaim Homes. The agreement is only for 9 months. Ernie Evans added that all questions had been answered in item 7b of the Special Exception application. Gary Wallace asked how long they were going to be in Thistle Creek. They hoped years. Gary Wallace stated he was in support of the sign in general with regard to real estate development, it's been our philosophy. Pia Jarman stated that in the UDC ordinance on the 3009 Overlay, Article 72.7.E mentions that "temporary" is only 60 days. If over the 60 days you have to comply with all the requirements of a permanent sign. Steve Simonson commented that in the sign ordinance there is a provision for a new "development" sign that is not restricted to the 60 days. It was noted that there is another sign on Live Oak and 3009 by Dover Homes, and it was presumed that perhaps the Commission would consider a variance. Merwin Willman stated that Dover Homes has their own subdivision, if there was another builder, they would also be required to have a joint sign. Buffington Homes sign was put up before the UDC requirement. . Chairman Evans stated the question on the table and the current document do not support the application. Ernie Evans added that the Commission was not in favor of this sign, because it was for a single company not for a group of developers. Merwin Willman moved to disapprove this request for a sign by Acclaim Homes and recommended that they contact Buffington Homes and come up with a joint sign for all the developers in Thistle Creek. Keith Van Dine seconded the motion. Motion carried unanimously. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Ron Krape, Vision Homes for an extension for Preliminary Plat of Schertz Parkway Villas. Steve Simonson stated that the ordinance requires an extension for preliminary plat approval that has exceeded the six month time limit. This extension is requested in their letter before the Commission. This preliminary plat was approved, the Master Plan however, was disapproved. The preliminary plat has passed its six months time limit. Mr. Ron Krape was present to answer any questions. . -4- e e . Merwin Willman asked if they are going to continue to build according to the plat submitted or will there be some changes. Mr. Krape stated they were not making any changes. The delay has been the financing. Merwin Willman asked if the layout of lots were going to be the same. Mr. Krape stated lots are going to change from 40 units to 33 units. The lots will be larger. Everything else does not change. Chairman Evans stated that in accordance with UDC Article 11, Section 11, paragraph B, a developer may request in writing, with complete justification, a six month extension, no further extensions will be granted. Merwin Willman stated that if there was going to be changes to this plat, let it die and come up with a new plat reflecting the changes. Tony Moreno asked if the submittal to the banker was the plan in discussion. Ron Krape said the bank is aware of the changes in lots and a new plat will not affect the financing. Someone from Vision Homes asked if there was not a condition placed on the zoning that has to do with plat approval. Ernie Evans stated he could not answer that question. Steve Simonson added this should not affect the zoning, it only changes the number of lots. . Merwin Willman added that if the preliminary plat is not followed with a final plat within the six months the plat is terminated. 60 day extensions may be granted. Pia Jarman moved that the request from Ron Krape, Vision Homes for an extension on their preliminary plat be denied and recommended the submission of a new plat showing changes. Gary Wallace seconded the motion. Motion carried as follows: Ayes: Pia Jarman, David Richmond, Merwin Willman, Tony Moreno, Ernie Evans, Keith Van Dine. Opposed: Gary Wallace *9 CONSIDER AND TAKE APPROPRIATE ACTION: Request Engineering Inc for Preliminary Plat GVEC Subdivision. from Fisher Approval of Steve Simonson stated this is a plat of the entire property. It has not been platted before. . Chairman Evans asked if this was a preliminary plat and added the property owners were not shown. Ernie Evans inquired: "when we plat or re-plat an existing piece of land, what is the relevancy of the existing structure to that plat"? Steve Simonson stated none, that this was not a public street or public right of way. They will just be platting the existing property. -5- . . . e e Gary Wallace stated that a correction on street name be made from Elbel Street to Aero Street. It was noted by the Commissioners that the property owners, Commissioner's Court and location map were to be corrected. Merwin Willman moved to approve the preliminary plat for GVEC Subd. with the noted corrections to be put on the final plat. Gary Wallace seconded the motion which carried unanimously. #10 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Fisher Engineering Inc. for Preliminary Plat Approval of Resurrection Baptist Church Subdivision. Steve Simonson stated there were several corrections to be made on this plat. The Commissioner's, Block 1, for Lot 1, Guadalupe County and not Bexar County: on the bottom part it is showing the owners signatures, which have been superimposed from the GVEC plat. They have to change the right of way of Live Oak Rd., Elbel Street to Aero Street on the location map. There are only two property owners that surround the property. Merwin Willman moved to approve the Preliminary Plat of the Resurrection Baptist Church Subdivision contingent upon the noted corrections being made on the final plat. Keith Van Dine seconded the motion which carried unanimously. #11 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Buffington Homes for time limit extension for Sign on FM 3009 in the Greenshire Subd. Steve Simonson stated that Buffington Homes had been informed in July 1994 that they could have the sign up for a time period, the time period has expired and an extension has been requested. Merwin changed Thistle Willman close to Willman stated that he hoped the sign has been corrected or since the original approval. The original reads only Creek, it now shows Greenshire and Thistle Creek. Merwin added that it would not be appropriate to have the sign to the new subdivision. David Richmond stated that in the construction phase of Greenshire Subdivision and others on 3009 their signs have been confined to their model homes. The Commission was asked if it would allow an additional sign with all builders on one sign to be erected, like the one existing, to help direct traffic into the subdivision? David Richmond stated that we are trying to restrict the signage on 3009 and encourage developers to list all builders on one sign at the entrance of the subdivision. -6- e e Merwin Willman added that there are 11 builders on 3009. David Richmond added that directional signage has been allowed on 3009 to get to subdivisions off 3009 for builders such as Thistle Creek. ~ Gary Wallace moved to time limit extension Subdivision. Merwin unanimously. deny the request of Buffington Homes for the for the sign on FM 3009 in the Greenshire Willman seconded the motion which carried #12 CONSIDER AND TAKE APPROPRIATE ACTION: Request from R.W. Opitz & Associates for Preliminary Plat Approval of Sanders Subdivision. Steve Simonson stated that the plat had no corrections that were required. It shows a 20' greenbelt easement and a 50' building setback. The plat is a vacate and replat, vacating Lot 1, which is two acres of the original plat and now they are including the whole piece of property that is owned. Chairman Evans stated that there are requirements to show center line distance on roads and whether this applies to right of ways and drainage ditches. The answer was "yes". Property owners are not shown on the other side of the drainage ditch. Steve Simonson added that the property owners are not continuous with the property. This also should read a "preliminary replat" and be treated as one. . Chairman Evans commented that the only issue he had was the center lines to the right of way to the Southern Pacific Railroad. There is a requirement of center lines for all drainage ditches, easements and right of way to be shown on the plats. Merwin Willman moved to approve the preliminary vacate and replat for Sanders Subdivision with corrections noted to be shown in the final plat. Gary Wallace seconded the motion which carried unanimously. Merwin Willman added that a public hearing is not required according to Section 15, paragraph 15.3A. 113 CONSIDER AND TAKE APPROPRIATE ACTION: Request from R.W. Opitz & Associated for a Site Plan of A-OK Mini & RV Storage. Steve Simonson stated there are two items to note: They are not requesting another sign, the original sign is the one they show. They are showing a 20' scenic easement which is required by the overlay ordinance. They are also showing a 5' landscape belt but we have no indication of what will be put there. Another item to be aware of, they are showing buildings to be built and no RV Storage. . -7- e e . Mr. R. W. Opitz stated that this was an ultra-developement plan and they are planning to start by using the area by the drainage area right of way for the RV storage or building storage. Ernie Evans asked if there is going to be another curb cut on 3009. Steve Simonson commented it was shown in the site plan as a new concrete driveway off 3009. Ernie Evans added if there was just a single entry to the facility, what was the purpose of another curb cut? Mr. R.W. Opitz commented that it would be for accessibility of larger vehicles, due to the problem at the existing location. Pia Jarman asked shown, eventually. business. if the plans were to add 10 more buildings Mr. Opitz commented, this would depend as on Ernie Evans asked what was being done on the rest of the fencing. Mr. Opitz commented the fencing will be the same all around the whole property. A 20' electrical easement around the total interior of the property has been added at the request of GVEC for the perimeter lighting that will be put in similar to what is existing, this would allow GVEC access to the lighting. The security lights are on a separate circuit from the interior electrical. Ernie Evans commented that the proposed lighting for the remainder of the property was not shown. Mr. Opitz stated that GVEC would be helping with the layout of the lighting at the time of expansion. . Ernie Evans asked what the plan was for the landscape belt? Mr. Optiz stated the landscape area will be similar to the existing area along the Southern Pacific Railroad to the existing driveway. Merwin Willman commented that it looked like they were not ready for construction for sometime. Merwin Willman added that the Site Plan requires that the lighting and landscape be shown and to him it sounds like this is for the future not for the present. Pia Jarman asked if the existing gravel & RV Storage area is to be built on. Steve Simonson commented that the fence had been moved and that base had been put down but a structure could not be built outside their existing platted property. Chairman Evans commented that the first curb cut was not that far from the railroad tracks, and the second curb cut would be a short distance from the first, what would this do in terms of traffic? Steve Simonson asked if the second curb cut would be a continuous opening? Steve Simonson added that in his understanding, the curb cut would be used for bigger vehicles and only would be used when needed. Mr. Opitz stated that the second curb cut would be gated, not generally open, and used only when larger vehicles need access. . Merwin Willman commented that the Site Plan looks like it is for a new addition and not the current Site Plan. -8- . . . e e Steve Simonson commented there had been a mistake The major item is that the landscape is missing. added that a good job had been done on what they going to build or what has been built. on the lighting. Steve Simonson said they were Merwin Willman added that the dimensions of the concrete driveway should also be shown. Pia Jarman moved that the request from R.W. Opitz & Associates for Site Plan approval of A-OK Mini & RV Storage be denied for all the items discussed. Gary Wallace seconded the motion which carried as follows: Ayes: Ernie Evans, Pia Jarman, David Richmond, Merwin Willman, Gary Wallace. Opposed: Keith Van Dine #14 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Southwest Neon Sign, Inc. for a variance to the Sign Ordinance. Steve Simonson stated that this is a sign that is to replace the existing sign at the same location of the Conoco Sign at the corner of Elbel and 3009. The changes are two: from our current overlay ordinance they are requesting an additional 6' of "face" space from 90' to 96' and an increase on authorized height of 18.7' to 25.2'. The current Conoco sign was the model for the 3009 sign ordinance as far as size, height and space square footage. David Richmond stated that the Texaco pricing sign on the access road on IH 35 is a monument sign, it sits right on the ground. More of that is being seen across town. A suggestion would be on granting a variance to put a monument sign or pricing down, which would enable a lower sign in conformity with the 18' and take the pricing off the requested height. Pia Jarman expressed her concerns on setting a precedent "because once we start doing this, everyone will want bigger and higher signs. This has been something we have always struggled with. And it would not be fair to those who have complied with the ordinance. Ernie Evans commented that there are other options in terms of signage that could be looked at. Gary Wallace moved to deny the request from Southwest Neon Inc. for a variance to the sign ordinance. Keith Van seconded the motion which carried unanimously. Sign, Dine -9- . . . e e #15 CONSIDER AND TAKE APPROPRIATE ACTION: Request for Rezoning of Schertz Parkway, Merwin Willman. Steve Simonson stated that it had not been finalized, it was only discussed. Ernie Evans added that it was to be sent to City Council with a cover letter asking the Council for their opinion and input. Nothing had been final and "we should not let this one drop" . Pia Jarman commented that the conclusion of the previous discussion was that it was a very fine document that we could all live with; the only contention was the depth. Ernie Evans stated a letter would be sent to City Council requesting their comments. 116 GENERAL DISCUSSION: Tony Moreno: No Comments Keith Van Dine: Are the joint signs used by the developers at Subdivisions going to stay nice signs? It was going to be up to the builders to stay on top of this. The other questions was the difference from a site plan and preliminary plat. He was confused on the discussion, that some plans get approved and other don't. The Chair pointed out that a preliminary plat can be approved with provisions, then it comes back as final plat. If the contingencies in the preliminary are addressed it is approved. The site plan comes before the Commission once only- yet it is the document used by our inspectors etc. Gary Wallace: No Comments Pia Jarman: Mentioned for the record, "that over the very hairy weekend that we have had, with the flood waters rising", she wanted to thank the members of Police, Fire and Public Works Departments. They worked around the clock in an exemplary manner. She expressed great admiration and great appreciation from that of a citizen. She asked that this be passed on to the appropriate people. Merwin Willman: Has a Public Hearing been set for the Forbes Property (56 acres)? Annexation had been approved on June 3, 1997. Steve Simonson stated he would check on this. Merwin Willman added that in the Texas Review, there was an article on Comprehensive Planning Bill law. Are we planning on getting a copy? Steve Simonson stated he will pull it off the web page when it becomes available. David Richmond: His father in Florida called, saying that a news channel had run the picture of the damage done in Texas, it was of Schertz Texas showing 78 and the water at the railroad tracks. -10- . . . e e David Richmond commented about the article in the San Antonio Business Journal about a developer laying ground for a hospital in Schertz. He thought it was interesting and said Steve Simonson was quoted liberally. Steve Simonson added that he did not say half of what was in the article. Schertz is not looking for a hospital, we do not need one, maybe a Medical Clinic would be something that would work for Schertz. Ken Greenwald: A niece from Connecticut had also seen the same news cast on the flood in Schertz. If anyone was interested in seeing what the power of water can do, take a drive down Pecan Grove. Steve Simonson added that in checking the 100 year flood plain map for this area, the flood had exceeded that map in several areas, not by much, but it had exceeded. Chairman Evans commented the next Compo Plan meeting is scheduled for July 1, 1997, there will be a tour of the Schermerville area. The next Planning and Zoning meeting is scheduled for July 8, 1997. Keith Van seconded 9:30 p.m. Dine moved to adjourn the the motion. The motion passed. meeting. David Richmond The meeting adjourned at C. / . 1'~ and zoning -11-