01-14-1992 PLANNING 7~,ND ZONING MINUTES
.The Schertz Planning. and Zoning Commission convened in a
regular session on Tuesday, January 14, 1992 at 7:00 P.M. in
the Municipal Complex Conference Room, 1400 Schertz Parl~way.
Those present were as follows:
PLANNING & ZONING COMMISSION OTHERS PRESENT
BOB ANDREWS, ;CHAIRMAN J. ANTHONY PENA, `
JIM SHRIVER, 'VICE-CHAIRMAN RAYCO LTD.
KEITH VAN DINE, SECRETARY PAUL BETHKE
MERWIN WILLMAN SANDIE RUHMAN
GEORGE ~~ICIi JERRY BETHKE
GARY BRICKEN JERRY TILLMAN,
BOBBIE VONADA TILLMAN & TILLMAN
-KEN GREENWALD, COUNCILPERSON REP.LTY, INC.
ED PIERSON
-CITY STAFF VI PIEkSON
C. MUNCH
~ STEVE" SIriONSON, AfiST:" CITY MGR. BETTY ANh? GyBLER
NORMA ALTHOUSE, RECORllING SECY. JIM GIBLER
#1 CALL TO OnDFR
Chairman. Andrews called the meeting to order at 7:00 P.M.
Mr. Andrews welcomed all the guests and asked them to please
sign> in, _
#2 APPROVAL OF MINUTES: A. Regular Session December 10,
1991
B. Joint Public Hearing and
Special Session December 17,
1991
A. Regular Session December 10, 1.997_
Jim Shriver asked that on Page E, under .;im Shri~-er: the word
"her" in the second sentence be corrected to read "here".
Jim Shriver then made a r~i^.tion to a~~pio~°e tiie rnir~<tes, as
a:?~ended, for the regular sessi.c,n Drcem}~,•er 1L, 1131. G~=.:urge
Vicl~~ seconded the r^otlon and t1_~~e vote ttia unanir:.u~i;~s ~ favor-.
~1c~tion carried.
B. J:.ir;t PGb1.ic Hear' n ar S _ is 7. c .,sg. .':r
_ _ ,
c; 1
Bcr~•.;i e VOn.-iC~Fi i:I<3:A._ ci ."~i:~ i~ir? .lj'~ ~ . ~ _ ' i.~ ~1•JT t: _ _ : C
^3,T7t ~j_'L~~~11C ~°:.IY!fig <?.I,:,a - C_.._.J ~3 ~ t ~ -,.~~i. .
'~JE_' ~~.!.C?'_ ~r~COrl~~{=:~ t.,~)F'. 1'1•%j'-•.,, •„~!:a , _ !i
.
~._~F.'~ ~r . _`ir: :LC l Carr1~:.~ .
r=: CiTIZEtiS' I''~~~'liT OTi~ER THA'~ AGENDA ITEMS
CONSIDER AND TAKE APPROPRIATE ACTION: Requr_st Pe-c;tr, Ra-,-::o
Fi., _cc_,: u.~~_ r.n~; z~,.~ r iitrc? t~a_~ ..end i _:a
~'1•__t C::;nsiceratio{n of a Var_ait7.e and Replat :~f
~•~i'L.s Cl.nd. 2J 1n1, ~i L~t JJ, 1JI~~. 1~ ~r SZI~'er.-
`~~~~z=: ~'ar:~. Sur:d.:i_visi_on, L'nit One (PC tt"171-~2i
_ - l:':_'.ri:l ~ -.`-'~.~1i':"~:; 4dc1S clt t~`lc_' i.1 P_?t I ng t0 r epreSC-_'itt ~ __"i
C :air:.:,~zn Arrr.~~as asked Steve Simonson for input. yfr.
S_r.c;nsari in.~oi-r~er_'t the Cornr~cission that he, the City Inspector
atsd th,~ .~ater:'t^:a.steti,,=ester Superintendent had reviewed the plat
~~::d .n:l n,_, problems rr cL~ecti ons to it. There are nc
changes on th„ easements. ?
Gecrge Vick asJ~ed tivhat the purpose of the replat is - to
co~.lbine tuac lets tc build a bigger house?
Tcry Pena replied that's basically the reason. The current
easert~~_.~~:~ and setk;acks r.n tine Iots .ire prohibi:~ive to a 14rge
hcuse. This particular house is more of a rectangular shape
an~u 4Y 1.Li ii~~i~t i~:t 1. cit 29.
George Vick r>lal->e a motion to approve the recuest from - Rayco '
' ~iorlebuil-ding fcr preliminary and final p?at consideration of
a vacate and replat cf Lots 28 and 29 into Lot 33, .Block 1,
Silvertree Park Subdivision, Unit One. Bobbie Vonada~
seconded the notion and the vote was unanimous in favor.
Mcticn Carrie'. '
Chairman Andreas advised Tony Pena he will receive a` letter
front Steve Simonson officially notifying him of _the
Cor:.lnlission's actions this evening.
Tctly Pena thanked the Commission for their time and
consideraticn.
#5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from
Til.iman and Tillman Realty, Inc. far
Preliminary and Final Plat Consideration
a Vacate and Replat tto amend the lot
line? oJ= Lots l2 and 13 into Lots 12A
and i E31oc:~k 2, Greenshire Oaks
St:,bclivision t PC }172-92 ?
,7:•: : L Irt<-~n :::f T_i 1. loran and Ti1.lrnan Realty was at the
r;t~:~:~t i .1~;; t ~-e.prc-,scant. this r:~~tur st.
_ i r,n„~; ~ucle;~~~~~ r.-<>r<<_t;-1~:c?cI }tc_~ J~ad r~ontactc~d Mex'win tib'_i_7.lrnan i:c
. ri i t. t~ i ~ t, l t: w_it.h 11.i_M. M.r . Aruarec~s statecl i.h.at
-2-
r, rzan:~,. :c~ ~i., nJcs t;l:_Y carp
.i_t~11 1 _'a ~ ~ v..tC;i.<~-_~'.y re~:l~Ltin'; 1
1~s, ' ~ ~ ~ a n~c,•~ >t.i, tR~ ~ City ~^F-s not present.-
(~}-;at_-.~r`, _~.Us rh<>n aske,~i Sf-~~-e Simonson for input.
,t~-~-e ; ~1;,n~;cr~ ir~formcd t:`-~e Comr..lissi cn the engineering of the
; s ~f F,y .tad and the staff finds n~ problem with it
s~~.._ _ _t ~s ~rli~.- a;l amendm:~nt.
'iP_rLe'1_i ;;L,1 ~1%lari questionecE the length of the bac'.~ lot Line
askir:~ if ~-1=~ ~.,~_~~i.suremc-ant g;;es from pin to pin and if there
bras a c'~..~n~, because of ground movement.
Jerry- Tillman related that the outside Lines of the survey go
from angle poi..t to angle point not from boundary line.. to
bci,nda ry 1 ine ,
There ~~.-as some discussion on this with Jim Shriver asking how
this error T^1aS discovered. Jerry Tillman replied .through, a
curve;.
Chairman r~ndrews o>served that Lot 12 is losing 5.72' to-the
back anir: a•~inirg 1/10` on the side. Mr. Andrews alien..
questioned if where the privaclT fence is now is w~lere it_ iC
shown on the ccrrected plat.
Jerry Tillman replied yes and then also stated that...,the
neighbor on Lot 13, Sandie Ruhman,:is in agreement with.£his'
change. Otherwise there will be a problemwith ,i.he sprinkler ,
system and the landscaping.
Chairman Andrews told Jerry Tillman he :recommends .the plat be
amended so the lot numbers won`t be changed`: (;whiting out;12A''
and 13A and putting in 12 and 13) and where it says. "vacate
. and replat" show "correction" instead and say. what correction
was made.
Steve Simonson asked Chairman Andrews if he and Keith- Van
Dine wc;uld be willing to sign the plat tonight pending these.
chan~~es cr would they require it be changed first. Mr.
Andrews asked t?1at it be changed first.
Chairman Andrews asked for a motion, but none was made at
th1S tl.^lt?.
Ga.r.~- F3r-i_c1<en asked if the Commission wouldn't be approving
sorl~t.Jli_n,~ t-~1~>~~ Jl.:z:ln`t seen and Chairman Andx•ews commented he
sc~_,s no problem - tie would mar{e sure all the appropriate
cJl~:~rl:;~~~~ .lr~c.~ c:,rl the plat before h~ signs it.
li Ci l.'\" .i L';~:'~~~'tt 'c3A1~?haS1Zt?d, 'taO6J i-?VC'_Y'., t];1cZt ht'_ (~.UeS Sei', a probl em•
~ { r . ~ . , i • 1 I i. i<t:: J'1 ' `i CtiJ l" l t; l_ 1"i g a b l a rl lc C h e C J~ .
-3-
At `=:i=: tir..~:~ Jerry 'I`i?.lman was asked by Steve Simonson to go
ahear_' chan~~e the blueline plat as requested so the
Commi ~si~n .^OLIId iOCii at it. and see the changes before the~~
make `'.Tir decisicr: on approval or disapproval ,
~~hile ~ir_. Tillman made the changes the Commission took a
short brew;{.
Mr. Tillman made the following changes:
(a) ~dhere the plat said "replatted lots" he put "amended
lots."
- (b) inhere the plat listed lots 12A and 13A he changed it to
12 and 13 ;instead.
(c) 6^ihere there was a statement.. about vacating the plat cf
Lots 12 and 13, Mr.`Tillman changed it to".day "Amending
of Lots 12 and I3, Block 2,'Greenshire 0aks,`as recorded
in Volume 5, Pages"66-A`= 66B of the Map` and. Plat
Records of Guadalupe County_Texas, correcting; boundary.,
between Lcts 12 and 13,to `angle point-to angle point..
Showing distance of angle point 'to angle point Lot-12 to
be 95 .32' . Angle `'--point "to ""angle 'poi'nt Lot -13 to be
98.71` . Distance of boundary 'line between Lots ~2 aid
i3 to now show 139.18' deep."
The blueline plat was :passed around so the Commission could
read the changes for themselves and then initial; it showing
their approval..
George Vick made a motion to approve the request_f_rom Tillman
and Tillman Realty, Inc. for preliminary ?and final plat
consideration of an amended plat (changed from a vacate and
replat to an ;amended plat) as changed ahd submitted, by.Jerry
Tillman this 'evening and initialed by' the Commissioners.
Keith Van Dine seconded the motion-and the vote :was unanimous`
in favor. .Motion carried.
#6 CONSIDER AND MAKE RECOMMENDATION: ~lictoria Ellis, -
Presentation of .Demographic Data:
Chairman Andrews reported that Victoria Ellis' first class.of'
the second semester is tonight and she felt_ she should
attend, therefore, this item is being tabled until the
meeting of January 2Sth.
#7 CONSIDER AND MAKE RECOMMENDATION: Subdivision Plat
Processing Checklist
Merwia 6dillman had composed a checklist for subdivision .plats
which had been distributed to the Commissioners in their
par_kages. Chairman Andrews asl~ed if they had reviewed "the
-4-
Merc,;_n ~~Villman explained he had tried to take what is in, the
crdirance an:l. put it in a checklist and alse list. the items
we reed from the applicant.
Mr. ttiillman had included a flow chart at the end of .the
checklist ar~d George Vick commented that's where: he get cost.
Mr. Vick noted that he disagrees with the last statement cn -
the flow chart where it says the plat is recorded after'
certain conditions have been. met. Mr. Vick pointed out
those certain conditions should have been met before. the.~lat _
was approved and signed.
Chairman Andrews, .commenting on the: two plats on the agEnda
this evening, said we don't want to ccnsider`a preliminary
and final action at the 'same-time again.' The Commission
needs to go through the 'entire. process for both -the
preliminary and the final plat..
Chairman Andrews" related that a. lot of things on the
checklist can be done through staffing;
S~teve`'Simonson `said -it's his understanding he" wil`1" su'amit his - -
checkli_st to the Commission al-ready filled our.. and ;trey will'
double check him.
..Gary Bricken said zt's;his understanc?inc~, then, that when .the
Commission gets Steve Simonson's'checklist nothing will~`be
:..;incomplete.
Steve Simonson asked the Commissioners f_.on the preliminary..
plat, something is wrong or missing,_;do theywant.°him to send.
it back or do they want 'to see it first.
Keith -Van Dine remarked he'thnks Mr. 'Simonson':.should :use
'his `own discretion and`if he sees something needs'; to be-done;.
sent `it back for correction' before it. comes o the
Commission.
. Steve Simonson advised he would Iike to submit a cover sheet
with the checklist explaining any deviations.'
Jim Shriver asked if the Commission should be aware' of '
whether or not a subdivision has,a Homeowners Association.
Chairman Andrews answered that'the City 'should be aware if
the Homeowners Association is providing recreation ;.such. as a
pool because they need to :know how it is going to-; be
maintained.
Jim Shriver asked if the question about having a .Homeowners
Association should be on the checklist.
Gary Bricken asked why we would care.
-5-,
i
3
1 Cha~.r-~an ~ndr~~ws rr-_=plied because if the builder goes under
the Ci~y caiii encl up having to take care of it.
I
There was discussion about whether a Homeowners Asscciation
should be a separate item and Stzve Simonson admitted he does
j rot ~~ant tc see a reference to it on any plat.
Gary Bricken observed that if you ask if the question about
having a Homeowners Association, then possibly sip other.
questions would follow that should be asked.
Merwin Ttiillman suggested adding just the words "Homeowners
Asscciation" as g. under Item_9 - Items not required on
~ plat, but should be considered during the' review arid.
discussion procedure. The commission agreed.
.Keith Van Dine made a motion o approve the utilization of
the subdivision >plat checklist, as amended. Gary Bricken
seconded the motion and'the`vote was unanimous in favor.
Motion carried.
#8 GENERA_T, DLSCUSSIOr;", .M. -
Geor~~ ~~ick-
(a) Asked ..when he-Christmas.:decorations.:on ~'M 78 are coming ,
down and .was informed,;'by Stove Simonson as soon- as GVEC _`'has;`
decent weather. and the't~me tc do it.
tb) Gave accolades to the ..Street Department for repairing the
Potholes in front of his-house.
(c) Inquired about the status of the-.home occupation. beauty
shop in Savannah :Square ;approved by. the Commission and asked
if' the house had'beeri-.built yet. :Steve Simonson reported
that there was 'a -dual `bid'~,'on: the. Lots being .held by >the RTC
and as -soom.`as>final papers,aro signed, then things should
get moving.
Mr. Vick asked`if there sn't'a time limit from the date of
its approval to the-date `a home occupation starts: Steve
Simonson replied' it's 6 months, but the City .has .been a
little lenient since the:RTC was holding things up sand it'was
not the fault of the people who are buying the lot.
Chairman Andrews reminded Steve Simonson there is an annual-
inspection required on home occupations.
Keith Van Dine:
(a) Reported that Pfeil Road is' decaying. As a matter of
fact there's some kind of utility line partially -in and
partially out of the ground along one section of the road.
Steve Simonson said he would. check it out.
(b) tile~.tioned EYCel Cable and asked fcr some clarification -
are tiZ~~_: going to put cable in Schirmerville?
Counci?pers.n Ken Greenwald acknowledged the usual rule of
thumb is there have to be an average of 40 families per mile,
but Excel has agreed to look at every area of the City. Mr.
Greenwald went on to remind .the .Commission it_will only be.
feasible if they can get aII of'the cities in the Metrocom
area.
Gary Bricken:
(a) Asked what causes dips in the streets around manhole
covers and was informed by Steve Simonson it means'they were
not ccmpacted properly..
(b) In:Iuired if there were any really terrible effects from
the rain.
Steve Simonson replied there were not and pointed aut hat in
_.1987 the City had the ultimate flood study,done ~f the West
Dietz Creek. Whenever there was heavy"r,a"infall, Elbel Road,
a-lways flooded. George Barna"rd bought the Iund on Jack Havs
Blvd: between the old 1Gndfill and FM 78; and was required tc,
excavate it in order to `move the. channe"1 ,:and deepen and wic'.en
it. T)~is'' time nothing flooded on `Elbe' Road .and nothing
" ..backed up. - ~ . "
(c) Observed that after all his dri~lir.g across sections. of
the country last month,: 5chertz as a remarkable place -...it's
-pretty. Some of .the towns and.,/o~ cities he saw while driving
along are in very sad shape.'
" 'Mr. Bricken went on ,to say that sometimes it may seem like:.
he's aganst_progress, but ;really he isn't.. He~is, ho'caever,.
`.against plastic cities. They ``don't all ,need to look al`ik~
. and have aI1 the -same businesses. They need to be more _
individualized so each. has it's own,perso,nality.
Steve Simonson added that he thinks the Commission is doing a
good job- along the line of trying to prevent- Schertz from
becoming a so-called plastic city and he commended them for
that effort.
Merwin 69illman:
(a) Mentioned the changes to, the Junk Vehicle Ordinance and
said he noticed. they left out the part about` Planning and
Zoning holding hearings, but yet when you go to the_.
procedures, it mentions the hearings.
Steve Simonson advised these changes were written. almost
ver.-batim from those recommended by .the lawyer. They are.
taking the meetings out of the Code, but keeping .them in the
-7-
proce~~:~r.-es i_n casc= we want to make any changes.
~lerwir Willman said he also noticed that, in regard to car
ccvers, any variance needs the approval of City Ccuncil - he
thought t?:at Baas once the responsibility cf the Commission.
Councilperson fCen Greenwald related he thinks that has to de
with the fact that only City Council can approve variances
and this will meet the requirements of the Texas State law.
Councilperson Ken Greenwald:
(a) ?noted that the Commission received signed copies of fear
amendments in their packages.
(b) Advised that as far as Excel Cable is` concerned, they
have to get X number of cities to agree,: and t~iey are looking'
at two ;year time :frame.` However;' their fees.. would be"
_ apprcximately half of :what Paragon currently charges.
Chairman Andrewsasked if he understood correctly that they
requested a franchise authorization and does ;that-mean' hey
will be' payi:rg ; he City a franchises fee . tilcDonald ` s is a
franchise ..'and he doesn`t e~Ter recall them asking for 'a
franchise authorization. '
Mr. Greenwald answered by saying Excel Cable would spay the
City' a franchise fee, but .:there is adifferencebetweenthe~n.
and 'McDonald's. McDonald's is :considered a utility, they,
don't`'`pay ;the City , a franchise fee.
i Mr. Greenwald further stated Excel is a fiber csptic,system
-which could .provide .other benefits to the City.
One thing. Merwin Willman brought up and Mr Greenwald
elaborated on, was the existing pay per view system ,offered-b~,
Paragan.EXCeI is working'on asystem whereby you ~~could
order the time,-and date when you want to watch a particular
movie or video.
(c) Said he had asked. Steve Simonson to have copies made`. ,for'
everyone of the newspaper article tided "Judge to -consider
costs after aquifer flow set".,because it is eery interesting
reading. Schertz is a transporter and not, technically, part
of the Edwards District. Depending on the judge's decision,`
it could have some serious effects on everyone.,'
Steve Simonson:
(a) Informed the Cammission the Census Bureau has consented
to a population figure for Schertz up from `10,555 to 10,59.
What they have dane is denied ali our challenges"in Guadalupe
County, but: allowed cur challenge in Bexar County.
-8-
tb) Advised that as soon as possible the Highway Department
will scow the correct population on all the signs.
tr_? Etpressed the hope that some of the Commissioners had
r~~>ad his article tattached to his notes for the meeting)
about Schertz Parkway. Mr. Simonson commen`ed he considers
General Business zoning inappropriate and would like to; see
it changed back to R-2. He doesn`t want to see businesses
along Schertz Parkway with-sheet metal buildings and sitting
or_ly five feet back from the road .
Mr. Simonson said he doesn`t expect any decisions tonight,
but it should be reviewed...-
Jim Shriver admitted that-what Steve Simonson said makes
sense.
George Vick asked .what they-.need to, do.
h1r . Simonson, noted ,it would re~,uire .the same procedures ay
any .public. hearing.
-.Gary 3rickez~, referring to '-:he o~her zoning changes they .had ,
d-+.scussed on Schertz Parkway a,id:Jack.Hays Blvd., wondered if'
they could go ahead tiaith.getting hose approved. and then":::get
on with tale Comprehensive. Plan.
,
Mr. Simonson stated 'he ~tiTould 1"ke to leave the :overlay
.district on .Schertz Parkway'. He'would like to ,see them
strengthen the 'overlay and 'change the zoning.
Councilperson -Ken~Gr~enwald asked why not use the Jack Hays
Blvd. Overlay on"Schertz..Parkway.
'`Merwin Willman expressed concern=about the kind of_".signal: the
City is' sending to builders and `developers by ,changing the
zoning ao R-2.
'-.Steve Simonson noted that .businesses will ask for rezoning.
Chairman Andrews remarked that when the roads are developed.:
.that come out to Schertz Parkway, they will .have to .look at
the zoning then too.
Merwin Willman suggested changing it to Neighborhood Services
rather than R-2.
Chairman Andrews requested 'that the rezoning of Schertz
Parkway be put on the agenda of the next meeting fore
discussion.
Before getting off the subject, Merwin Willman. pointed out he
had some visual aids as ideas for.- different types of
development. These visual aids were set up on cardboard on
-9-
ea.scls a~ t?,c front of the Ccnference Room. Mr. ~~illman
sugc~esLed thz Commissioners look them over,
Jim Shriven:
(a> Thanked the Commission for bearing with him at .the ...last.
meeting which he conducted 'in the absence 'af Chairman
Andrews. They were being rushed because City Council wanted
to use the room fcr an executive session.
(b) As?red if Victoria Ellis 'is still working for the City and
- was informed by Steve Simonson she is doing seme werk for ,the
Water Department.
(c) Said he saw annexation-on City Council's agenda and asked -
what they're annexing. Steve Simonson replied the rest of
the Beck Concrete :'property. Mr. Shriven said he was under:.-
the impression the City was Tcsing sales tax on the Beck
property because the building is not-in the ,City,.. but he was
wrong, the building is in the City.
(d) Mentioned he had attended a meeting ' in Seguin w'_iPre he
got to talk with the 'Seguin City Manager who provideu him
with some interesting,informaton:
1. Seguin .covers only 9 square' miles.
2. The :only purpose of `an ETJ is to'. provide a city a .means
-of enforcing their Subdivision Ordinance. t5teve 'Simonson-
disagreed)
3. Seguin has a Golf Department in their city and .it ?s
;self-:supporting.
te) Remarked that,'according to an, article he .read on the Rv
Park -in:Pecan..Grove, it looks like 4do Riedel is'' d~oir~g only
-"part of ,the .vacate. and- repl.at. ;;>,Steve Simonson acknowledged
that's correct. The recognizable RV -area is-being reply ed
• now, the `new area will-be replaced later.
Chairman Andrews asked if anyone had anything else to .bring
up and Steve. Simonsonreplied he `did.
Mr. Simonson told the Commission there is a public notice in
the Herald Newspaper showing a map-with the new floodplain
areas. Mr. Simonson said he.has'.a copy in his office and
Norma Althouse has a copy for anyone who wants to come in and
look at it. This map shows `:floodways. It is in the
preliminary and public hearing`stage.
Merwin Willman wondered how they could get. Greer-Ross`
figures since they went to a of of trouble to bring ,their
property up out of the floodplain. Steve Simonson said he
didn't know.
-1O-
Mr. S_no•nso•n related that during this 6vhole process, he had
s:~nt _f .•:~r pa:~kages to L'EMA and they had lost three cut cf the
f~Uur.
Chairman Andrews:
Asked if alI the winners of the Christmas Lighting contest
received their plaques and Steve Simonson said yes,-he had
delivered them.
Merwin Willman asked the:Commissieners if any cf them_ had
_ seen the report on television about a town up north that is`
encouraging everyone to send their garbage there. They have>
developed a way to turn garbage into a'money making idea uy,
establishing gclf:courses, ski slopes, etc, from it.
#9 ADJOIIRNMENT
Chairman Andrews adjcurned the meeting at-9:00 P.M.
.The .next re ularl scheduled meetin 1s Januar 2
9 y g ~ y: 8, 1992. =
u
-11-