07-11-1995 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in regular
session on Tuesday, July 11, 1995 at 7:00 p.m. in the Municipal
Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas.
Those present were as follows:
PLANNING & ZONING COMMISSION CITY STAFF
PIA JARMAN, CHAIRMAN STEVE SIMONSON,
DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER
MERWIN WILLMAN, SECRETARY DENISE GRANGER,
TONY MORENO PLANNING SECRETARY
ERNIE EVANS
KEITH VAN DINE
KEN GREENWALD, COUNCILMAN
MEMBERS ABSENT OTHERS PRESENT
BOB ANDREWS (MEDICAL) Mike Cude, Engineers
David Carruthers,
3725 Forsyth Park
Don McCrary, Engineers
~1 CALL TO ORDER
Chairman Pia Jarman called the meeting to order at 7:00 p.m.
~2 APPROVAL OF MINUTES:
Regular Session June 27, 1995.
David Richmond asked that the second sentence in the last paragraph
on page 5 be amended to read "Hopefully the entrance to Greenshire
could get cleaned up".
Merwin Willman moved to approve the June 27, 1995 Regular Session
minutes as amended. Ernie Evans seconded the motion which carried
with a unanimous vote.
~3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS:
There were none.
#4 CONSIDER AND TARE APPROPRIATE ACTION: Request from Quality
Closeouts For Sign Variance on IH 35 North
(PC #239-95)
Steve Simonson advised that Mr. Allen from Quality Closeouts on IH
35 North contacted him on his request for the sign variance on
inflatable balloons. Mr. Allen asked if he needed to be present
at the meeting. Steve Simonson explained to Mr. Allen that his
presence is advisable, for him to be able to answer any question
that may arise from the Commissioners. The Planning and Zoning
Commission has discused the issue for this type of sign for several
months. The Planning and Zoning Commission has decided not to
include this type of inflatable signs in the Sign Ordinance. Steve
Simonson advised Mr. Allen to receive the variance he would have
to be present. Mr. Allen informed Steve Simonson that he was to
be out of town that day and there is no one else who is available.
Steve Simonson mentioned to Mr. Allen that the request could be
tabled until the next meeting on July 27, 1995 as this is the first
formal time it has been brought before the Commission. Mr. Allen
informed Steve Simonson that he would be on vacation at that time.
Mr. Allen advised Steve Simonson that the letter requesting the
sign variance has been submitted. He needs that sign. Mr. Allen
stated "if I can not have this type of sign then this will be
another reason for me to move out of the City of Schertz".
Ernie Evans asked if the request could be tabled one time to give
Mr. Allen a chance to come before the Commission to explain why he
.feels he needs the variance for the sign.
Ernie Evans moved to table Mr. Allen's request for the sign
variance. There was at this time more discussion on this request.
Pia Jarman explained that it could be tabled until the next meeting
or a specific time, since Mr. Allen would be out of town at the
next meeting. There will have to be a motion to table the request.
Merwin Willman commented if Mr. Allen can not be at two meetings
in a row Merwin Willman does not feel he should be given any
additional chance. Merwin Willman mentioned that Mr. Allen also
has an unauthorized sign at this time on his building.
Steve Simonson stated that he was informed by Mr. Allen that the
sign was on his building and was blown off in a storm. Without any
pictures of the building Steve Simonson has no way of knowing if
the sign was on the building or not.
Tony Moreno questioned Steve Simonson if Mr. Allen gave any type
of indication that he would not be able to make either the third or
fourth meeting. Steve Simonson commented that the feeling he
received from Mr. Allen was that he did not want to have to come
before the Commission. Mr. Allen stated he sent a letter for the
request which he did not want to send originally.
Keith Van Dine questioned why we are delaying this request if the
Commission has agreed in the sign ordinance that inflatable
balloons will not be allowed in the City. A letter stating that
his request has been denied from the City would inform Mr. Allen
that the Commission will not allow his request for the sign
variance.
Ernie Evans mentioned he felt that the citizens making a request
and not being able to attend said meeting should be allowed the
opportunity to come before the Commission to be heard. Ernie Evans
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advised he wanted to make sure Mr. Allen has had the opportunity
to come before the Commission with his request.
Keith Van Dine commented that if Mr. Allen is given a chance to
come before the Commission he may feel he has a chance with his
sign when in reality it has already been decided that inflatable
signs will not be allowed.
Steve Simonson advised that Mr. Allen will not be able to attend
the next meeting. If the request is tabled that will be one month
before it will be on the agenda again.
Pia Jarman commented if Mr. Allen was to be notified by mail that
on August 8, 1995 his request will be on the agenda that would give
him the opportunity to reply whether or not he would appear before
the Commission for his request. We then would have a written
record.
Pia Jarman stated according to Roberts' rules a motion has been
made by Ernie Evans and will need to be completed. If there is no
second, then the motion will die.
Ernie Evans moved to table the request for a variance, to offer Mr.
Allen one more opportunity in writing to appear before the
Commission on August 8, 1995. Tony Moreno seconded the motion
which was lost. The voting was as follows:
AYES: Ernie Evans, and Tony Moreno
NAYS: Pia Jarman, David Richmond, Merwin Willman, Keith Van Dine.
ABSTENTIONS: None.
Keith Van Dine moved to deny the request from Quality Closeouts For
a Sign Variance on IH 35 North. Ernie Evans seconded the motion
which carried as follows:
AYES: Pia Jarman, David Richmond, Merwin Willman, Ernie Evans,
Keith Van Dine
NAYS: Tony Moreno
ABSTENTIONS: None.
#5 CONSIDER AND MAKE RECOMMENDATION: Request from M. W. Cude
Engineers (Pulte Homes) to Rezone Approximately
1.0084 Acres on the Corner of FM 3009 and
Dimrock from NS (Neighborhood Services) to R-6
(Single Family Dwelling District) (ZC #240-95)
Steve Simonson stated that this property will have over half an
acre in front facing FM 3009 which will be left as commercial
property. The remaining lots will be broken down into 3 large pie
shape, with a half cul-de-sac. This will be the area for Pulte
Homes to have their model homes displayed. The zoning had been
discussed with Mr. Cude for R-6 (Single Family Dwelling District)
this will be in keeping with the size of the lots for housing that
is in Woodland Oaks now. The R-6 is what is in the ordinance at
this time, which is 60' X 120', 7,200 square feet. There is no
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derogation on lot size or home size with what is already in
Woodland Oaks.
Ernie Evans questioned if the cul-de-sac was a cut-in off of
Dimrock, and will the drainage be on the back side of the property.
Steve Simonson stated it is a half cul-de-sac, the drainage will be
to the west and south of the lots. The drainage is no part of the
plat, it is part of the City maintained ROW. This will not affect
the lots.
Ernie Evans asked about the electrical easement. There is a 5'
side yard set back for the electrical easement on lot 4 from
Dimrock. There seems to be an existing 15' easement that
terminates, so how would it get to lot 2? Steve Simonson advised
that when the final plat is submitted all the easements will be
shown.
Ernie Evans questioned if the model homes and the cul-de-sac stay
there permanently and would the cul-de-sac stay. Steve Simonson
stated that the model homes would stay. The sidewalks, and
driveways would be put in. Instead of individual driveways there
will be a half cul-de-sac. It is a 50' radius one off Dimrock with
plenty of room for vehicles. Dimrock at that point is widening out
from the 30' to the 60' wide in that area. Mike Cude advised that
the model homes would be sold for homes eventually and the
cul-de-sac would also stay.
Merwin Willman moved to recommend to City Council for Public
Hearings the request from M. W. Cude, Engineers to rezone
approximately 1.0084 Acres on the corner of FM 3009 and Dimrock
from NS (Neighborhood Services) to R-6 (Single Family Dwelling
District). Keith Van Dine seconded the motion, which carried with
a unanimous vote.
~6 CONSIDER AND TAKE APPROPRIATE ACTION: Request from M.W. Cude
Engineers (Pulte Homes) for Plat Approval for
Woodland Oaks Unit 5-A (PC #240-95)
Steve Simonson mentioned this subdivision will be split into an A
and B due to the cost of getting a subdivision started. There are
two (2) corrections that will need to be fixed on the plat. This
land has been approved before with all the lots, street names, and
easements staying the same. The difference is they have added the
parkland being lot 53 block 3 which will need to be labeled to that
effect. The F.I.R.M. map on top right hand corner, the last line,
will need to read 0015D and the date should be July 17, 1995. Also
on sheet 3 the same changes will need to be done. The last item on
sheet 3 the area that is stating "unplatted for future
development", Mr. Cude explained. The area originally was platted
but due to the drainage and utilities they did not want to include
the lots but keep the street.
Mr. Cude stated that the physical street will stop but the
drainage will come into the easement. This was originally Unit 5,
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but will now be Units 5 A and B. There was a drainage pattern with
the water on Tree Branch being diverted into the existing pond
area. In Keeping the drainage the street will be continued in 5-B.
Sheet two (2) is showing the lots that will be developed and sheet
three (3) is showing the drainage ditch.
Merwin Williman mentioned if the word "unplatted" could be removed
from the sheet and replaced with "future development" as the
property was platted at one time. This would prevent any
confusion. Mike Cude advised that he would make that change and
also the F.I.R.M. map change.
David Richmond questioned the street Tree Branch on sheet one (1)
being in the drainage ditch. Steve Simonson advised that it would
be corrected and put in the right place.
Ernie Evans questioned on sheet 2 on the top, the typical
electrical service easement the word "distance varies" the line
just above stating 3' min. Steve Simonson advised that there has
to be at least 3' minimum distance between utilities. However the
ordinance states more than that, so they will have to follow the
ordinance.
David Richmond moved to approve the request from M. W. Cude,
Engineers (Pulte Homes) for the plat approval for Woodland Oaks
Unit 5-A with amendments as recorded, i.e. F.I.R.M. map
corrections noted, the word "unplatted" deleted, the street "Tree
Branch" correctly placed and the parkland labeled. Tony Moreno
seconded the motion which carried with a unanimous vote.
~7 CONSIDER AND TARE APPROPRIATE ACTION: Request from David H.
Carruthers, 3725 Forsyth Park to Build a Patio
Deck on the back of his property. (BOA #63)
Steve Simonson explained this is a straight forward request on
encroaching into the building set backs. The deck will be attached
to the house but will not be covered. This will be a building
extension. There is no encroachment on the easements. He is also
quite a distance from his back fence so he is not encroaching any
of the 3'area that is normally kept clean.
Mr. Carruthers explained that it will be an open roof, not hard,
covered with 2 X 2 wood lattice.
Ernie Evans questioned how high off the ground the patio deck will
be. Mr. Carruthers advised about 2 1/2' off of the ground as
there is a slight drop from the back door and it will level off
with the land.
Merwin Willman moved to recommend approval to the BOA on the
request from David H. Carruthers, 3725 Forsyth Park to build a
patio deck on the back of this property. Keith Van Dine seconded
the motion which carried with a unanimous vote.
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~8 CONSIDER AND MAKE RECOMMENDATION: Request from Don McCrary
Don McCrary & Associates, Inc., for Final Plat
Approval for Dove Meadows Unit III (PC #224-95)
Steve Simonson explained that the preliminary plat was approved in
January with this being the last month to approve the final plat.
All the streets are constructed other than Summer Haven Lane which
is a dead end cul-de-sac. They are beginning to build at a very
steady pace once again in Dove Meadows.
Don McCrary advised that they are hoping to get started on the
recreational facilities in Dove Meadows. At this time they are
taking bids for the facilities. Also they are getting ready to
develop Unit 4.
Steve Simonson mentioned that the corrections to the notes on the
F.I.R.M. will need to be made i.e. F.I.R.M. map to read 0015D,
date to July 17, 1995.
Merwin Willman moved to approve the request from Don McCrary, for
final plat approval for Dove Meadows Unit III with the corrections
as stated. Ernie Evans seconded the motion which carried with a
unanimous vote.
~9 CONSIDER AND MAKE RECOMMENDATION: Review and Discussion of
Schedule of Fees.
Steve Simonson advised that at this time there is no fee for Site
Plans. There are times when just a site plan is needed. A site
plan may come with a plat or by itself. If the site plan were to
come with a plat the fee would probably not be charged as they will
be paying the plat fees. The site plan itself will still have to
be handled like all the other paper work through the staffing,
Public Works, Inspectors, City Engineers and the commission. The
site plan becomes an official part of the record. It is a legal
document. The City is not trying to make money, but it should
recover the cost of paper etc. It does cost money to process.
Pia Jarman asked who determines the fees. Steve Simonson advised
that the City Council determines the fees to be charged by a
recommendation from the Planning and Zoning Commission. The fees
have not been looked at in several years and Steve Simonson thought
it was a good time to be reviewed. The Commission does not have to
change them but he felt it needed to be addressed.
Ernie Evans asked for clarification on item's #2 and #5. Steve
Simonson explained the reason on the fees and why the cost at the
time. Steve Simonson mentioned that the Certificate of Occupancy
should not be on the list of fees under zoning ordinance. It
should go under the ordinance with the inspections department,
under building permits. He will look into this getting changed.
Steve Simonson explained the plat filing fees need to be looked at
as it has been almost 8 years since they have been changed. The
City is the cheapest around. There does not have to be a big jump,
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but it does need to be looked at.
Tony Moreno asked how the other surrounding cities compare with the
fees that we are charging. Steve Simonson advised that the
surrounding cities are quite a bit higher than we charge; double
if not more. We try to make this City a one stop shopping with all
of the costs being included and the Planning and Zoning Commission
having quite a bit of authority to keep from people having to come
back to process the paper work. On the filing fees A and B need to
be changed to compensate for time it takes to process the paper
work through staffing, engineers, and having to go to the court
house to file the plats etc.
Keith Van Dine mentioned Steve Simonson could do a study on the
time and take an average.
Steve Simonson commented that the Mobile Home fees are no longer
collected so that will be excluded.
Keith Van Dine mentioned that the fees should be reviewed every
three (3) years and any changes brought to the City Council, for
action. Steve Simonson agreed that every three years' review of
the schedule of fees would be a good idea.
After a discussion the Commissioners agreed upon the following
changes to the schedule of fees; under the zoning ordinance adding
the site plan fee of $25.00, under the subdivision ordinance fees,
changing the plat filing fee to $100.00, (a) to $25.00, (b) to
$10.00 and (c) the County filing fee to $75.00.
Mervin Willman moved to recommend to City Council the schedule of
fee changes as follows; adding the site plan with a fee of $25.00,
under the zoning ordinance , the subdivision ordinance changes for
the plat filing fee to $100.00, (a) to $25.00, (b) to $10.00 and
the County filing fee to $75.00 and to delete the Mobile Home
Ordinance fees. Keith Van Dine seconded the motion, which carried
with a unanimous vote.
#10 DISCUSSION UDC REVIEW:
Due to the length of time on the discussion for the schedule of
fees revision and the fact that the schedule of fees is a part of
the UDC, the UDC review as such was cancelled.
X11 GENERAL DISCUSSION:
Tonv Moreno•
Tony Moreno stated he had no comments.
Keith Van Dine•
Keith Van Dine asked about the construction on FM 78. It being
closed because everything they have done on FM 78 is falling apart.
Steve Simonson advised he had not heard anything. As far as he
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knows they are digging up a little to lay the trip lines for the
signal lights. This is done after the road is complete to prevent
the lines from moving in the soft asphalt.
Ernie Evans•
Ernie Evans questioned whether or not the request for the BOA
required notification of the surrounding home owners. Steve
Simonson stated that the notifications have to reach the
surrounding home owners at least 10 days before the public hearing.
Ernie Evans mentioned he was concerned with the request from Mr.
Carruthers for the patio deck being 2' off the ground at the back
of the fence and the fence being only 6'. Steve Simonson advised
there was alot of debate through the staffing to bring this request
before the commission. There are no utilities involved but because
of the lay-out of the land, he is on a tight lot because of the
size and the lay-out of the patio deck, the commission needed to
know what was going on.
Merwin Willman•
Merwin Willman mentioned he was concerned with the approving of the
plats. The plats are approved with the changes but the minutes
never show that the changes have been made or not. If you were to
go back and research the minutes it states the plat has been
approved with the changes, but there is no indication the changes
have been made so the minutes are incomplete. The plats at the
time may need to be disapproved and when the changes have been made
the plats brought back before the commission for approval and for
the minutes to be complete.
Steve Simonson stated a copy of the corrected final plat would have
to be brought back to the commission showing the corrections have
been made and then this would be filed with the county. It will
also be a formal part of the minutes but it will not delay the
process with there being two (2) or three (3) weeks between
meetings.
Keith Van Dine commented that he was very confident with Steve
Simonson as a staff member and felt when the plats have been
corrected and Steve Simonson came back to the commission and
advised that the plats have been corrected the minutes can be
completed as acceptable.
Steve Simonson mentioned the plats have come back corrected. All
the paper work has been completed. It just has not been mentioned
for the minutes but all files are complete with all corrections as
stated by the commission. If the commission would like for the
minutes to be completed he can advise on what plats have been
corrected.
Merwin Willman commented if you were to go back to the minutes
before Norma took over you will see that the minutes are
incomplete. After Norma took over, the minutes are very good;
complete and easy to follow.
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David Richmond:
David Richmond asked if FM 3009 is ever going to be completed.
There are cones and sand bags and it looks like it could use some
cleaning up. They also have some striping to be done.
Steve Simonson commented that they are finishing all the drop
inlets on the sides of the road. The last thing to be done is the
cement on both sides of the wall and the alley. At this time we do
not know when the road will be completed. In the contract the
contractor technically still has time to finish the job.
Pia Jarman•
Pia Jarman stated she had no comments.
Councilman Ken Greenwald:
Councilman Ken Greenwald stated the architect from the Retama
Mobile Home Park did come before the City Council at the work shop
requesting they recommend to the Planning and Zoning Commission
another look at their request. There were comments made about each
of the commissioners. Mr. Huriega commented that the City of
Schertz was in agreement to up grade Lookout Road. Also, Mr.
Huriega commented that they would like to rezone the property for
agriculture use. The City Council did not approve of the request
for the rezoning for a mobile home park.
Councilman Ken Greenwald mentioned the GVEC substation was
approved. There were quite alot of people present who felt their
property was going to be devalued.
Councilman Ken Greenwald stated there will probably be an article
in the paper advising that the City has settled on a large
settlement with Southwestern Bell law suit along with 56 other
cities about 4 or 5 years ago. It had to do with the charging and
paying of the franchise fees. The City will end up with about
$156,000.00 which they should have been paying the City all along.
We are only entitled to go back 8 years per court order. Another
portion of which is $160,000.00 in telephone credits, this sounds
great but we would have to spend $160,000.00 to get another
$160,000.00 to get another credit. They would like us to spend our
settlement money back to them. As part of the settlement, the City
can take 10~ of the $160,000.00 up front in cash and keep the
credits. At the end of this year there is a fire truck that will
not be able to be used so it has been decided that the money will
be used towards a fire truck which will take 7 to 10 months to
receive. The franchise fee on the telephone will be going up
October 1 about .06 a month, this had to be court approved
Councilman Ken Greenwald stated that he and John Bierschwale
attended the Canyon Region Water Authority meeting for the water
treatment plant which has used federal money (FHA loan). They had
to submit their plans to the Texas Department of Licensing to get
approval for the ADA which was approved in Austin. Every step of
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the construction, Austin was notified. After 7 months of
completion Austin went to inspect the job and would not accept the
water treatment plant. The reason for this was it did not comply
with the ADA as one of the commodes was an inch and half too high.
Councilman Ken Greenwald mentioned the 4th of July parade was
great. It lasted for an hour and a half. The fireworks were out
standing. The Intsel subdivision was approved by the commission
and they have asked the City Council for a tax abatement. At this
time they are having problems with the soil and are trying to work
things out, but are still planning on their business relocating to
Schertz.
Steve Simonson:
Steve Simonson stated he had no other comments.
#12 ADJOURNMENT:
Keith Van Dine moved to adjourn the meeting. David Richmond
seconded the motion, which carried with a unanimous vote.
Chairman Pia Jarman adjourned the meeting at 9:10 p.m.
The next regularly scheduled meeting is July 27, 1995.
C air Planning and Zoning Commission
City o Schertz, Texas
ATTEST:
1a~r~
Planning ecretar
City of Schertz, Texas
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