03-09-1993 PLANNING AND ZONING MINUTES
The ,Schertz Planning and Zoning Commission convened in a
regular session on Tuesday, March 9, 1993 at 7:00 P.M. in the
Municipal Complex conference room, 1400 Schertz Parkway,
Schertz, Texas. Those present were as follows:
PLANNING & ZONING COMMISSION OTHERS PRESENT
BOB ANDREWS, CHAIRMAN ROBERT LEININGER
GEORGE VICK, VICE-CHAIRMAN HARRY JEWETT
OLIVER NELSON, SECRETARY ART BARTLETT
BOBBIE VONADA DAVID ALLEN
DAVID RICHMOND ERIC MOEDE
KEN GREENWALD, COUNCILMAN BILL TRIPLETT
MEMBERS ABSENT CITY STAFF
MERWIN WILLMAN STEVE SIMONSON,
KEITH VAN DINE ASST. CITY MANAGER
NORMA ALTHOUSE,
RECORDING SECRETARY
MARK MARQUEZ
ADMINISTRATIVE ASST.
#1 CALL TO ORDER
Chairman Andrews called the meeting to order at 7:00 P.M.
#2 APPROVAL OF MINUTES: Regular Session February 23, 1993
George Vick made a motion to approve the minutes for the
regular session February 23, 1993. Oliver Nelson seconded the
motion and the vote was unanimous in favor. Motion carried.
#3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none.
#4 CONSIDER AND TAKE APPROPRIATE ACTION: Preliminary and
Final Plat Approval for the Vacate and Replat
of Lots 1-13, Block 7 and Lots 1-12, Block 8
to Lots 1R-13R, Block 7 and- Lots 1R-12R,
Block 8, Oak Forest Subdivision, Unit III
(PC #190-93)
Chairman Andrews advised the Commission that in 1979, when the
.plan was originally approved, a home- was built with a
maintenance easement on the west side of the lot and other
.people followed suit. When a lady recently purchased a lot. and
the surveyor went out to survey the property, he informed her
she was building on the wrong side.
Steve Simonson then continued the conversation saying the City
had an inquiry from the lady whose house is being built about
what could be done to rectify this situation. A letter was
written to Coy Simmons asking that he vacate and replat the
existing lots and the City would waive all the normal fees
except the County filing fee and would process this as soon as
possible.
_ Mr. Simonson went on to say the only hold-up was going to be a
public hearing required unless everyone effected gave their
approval of the vacate and replat. A deal was worked out where
Chairman Andrews contacted every home owner and had them sign a
letter giving their approval. Mr. Simonson indicated he has
letters from all the property owners with their approval - he
even has one of approval from Coy Simmons' lawyer.
Steve Simonson then pointed out that Lots 1R and 2R will not
change, they will stay the same because the existing homes were
not built on a zero lot line. This places both maintenance
easements on Lot 3R and he has spoken with Coy Simmons, who
owns the lot, and Mr. Simmons is aware of the situation. Lot
4R is where the lady is building and her house is up against a
zero lot line where it's supposed to be. Once this plat is
approved, the lady's house can continue to be built, and all
existing inequities will be corrected.
Oliver Nelson made a motion to approve the request for
preliminary and final plat approval of the vacate and replat of
Lots 1-13, Block 7 and Lots 1-12, Block 8 to Lots 1R-13R, Block
7 and Lots 1R-12R, Block 8, Oak Forest Subdivision, Unit III
(PC #190-93). Bobbie Vonada seconded the motion and the vote
was unanimous in favor. Motion carried.
#5 CONSIDER AND MARE RECOMMENDATION: Request from South-
western Bell Mobile Systems, Inc. for a
Specific Use Permit to Operate a Cellular
Telephone Antenna Approximately 250 Feet
North of the Intersection of IH-35 and
FM 2252 on the East Side of IH-35 (BOA #39)
Harry Jewett was at the meeting to represent this request.
Chairman Andrews reminded the Commission this request requires
they make a recommendation to City Council for a Board of
Adjustment hearing. Mr. Andrews then asked for Staff input.
Steve Simonson answered he has no further input - the
Commission has his comments in his notes to them. This is a
straightforward request to place a cellular telephone- tower
within our City limits along IH-35. This tower is not in a
flight pattern, or near major power lines. There are no
residences near the area that would be effected.
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Mr. Simonson stated the tower would be located where the big
monopole signs is in front, which Mr. Jewett has shown in his
Site Plan, and next to Freeway Manor.
Harry Jewett showed the Commission a drawing of the proposed
area and tower. Mr. Jewett stated they're coming in with a
20' access road about 60' off the right-of-way of IH-35. They
have an area about 75' square and are going to fence off about
. a 75' x 60' area. They have an equipment enclosure which is a
pre-fab/masonry building where they put their computer and
telephone equipment and it sits adjacent to the antenna. Mr.
Jewett remarked if the Commission is familiar with the
location, there is now a billboard there with a Gunn dealership
sign on it. The area will be enclosed in chain link fence.
Mr. Jewett explained they need this to better serve their
cellular telephone customers in the area.
Mr. Jewett then exhibited a picture of a similar area and
tower located on 410 East before you get to Highway 90. Mr.
Jewett noted that the tower is 150' high.
Chairman Andrews asked if the tower will have a red blinking
light and was told it is not required at this height.
David Richmond inquired if there will be any night lights and
if there will be security_.other than the fence. Harry Jewett
replied no to both questions and informed Mr. Richmond they
have an alarm on the building.
George Vick wondered if there will be guy wires and Harry
Jewett related it is self-supporting. It is designed to hold a
sustained wind load at the top of 80 mph with one inch of ice
load. They have never had one fall down. They know the risk
is enormous if it is not supported properly. Mr. Jewett went
on to say this is a half a million dollar investment. It
requires telephone and electric only, no water or sewer, no
traffic, no noise. Also, no manpower is needed, but-they do
have a man that checks on it about once a month.
George Vick then asked if it will interfere with police radios
and Steve Simonson replied it will not.
David Richmond made a motion to recommend approval to the Board
of Adjustment of the request from Southwestern Belk Mobile
Systems, Inc. for a Specific Use Permit to operate a cellular
telephone antenna approximately 250 feet north of the
intersection of IH-35 .and FM 2252 on the east side of IH-35
(BOA #39). The motion also requested a public hearing be
scheduled.
.Oliver Nelson seconded the motion and the vote was unanimous in
favor. Motion carried.
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#6 CONSIDER AND TAKE APPROPRIATE ACTION: Final Plat Approval-
PRO-TECH Subdivision (PC #189-93 )
Robert Leininger of Fisher Engineering was at the meeting to
represent this request.
Chairman Andrews asked for Staff input.
Steve Simonson replied the only input he has is the same as his
notes to the Commission. They have made the corrections to the
plat as requested. In addition, arrangements have been made to
place a fire hydrant across the road from the property.
Chairman Andrews asked approximately where the hydrant will be
and Steve Simonson told him on Doerr Lane somewhere in the
vicinity of the PRO-TECH building.
George Vick asked if San Antonio has utility easements out
there and Steve Simonson replied there are City Public Service
easements.
Chairman Andrews then questioned if there shouldn't be a
floodplain statement on the plat .and Steve Simonson
acknowledged that's his fault, he didn't notice it isn't on the
plat, and will get it put on before the plat is recorded.
Bobbie Vonada made a motion to approve the final plat for
PRO-TECH Subdivision contingent on the floodplain statement
being added to the plat. George Vick seconded the motion and
the vote was unanimous in favor. Motion carried.
#7 CONSIDER AND MAKE RECOMMENDATION: Request from Arthur
Bartlett for a Specific Use Permit to
Utilize 5 Acres at 18701 IH-35 N as a
Holding Area for Cars Purchased and in the
Process of Being Prepared for Sale (BOA #40)
Arthur Bartlett was at the meeting to represent this request.
Chairman Andrews reminded the Commission this .another case
where the Commission has to make a recommendation to City
Council for a Board of Adjustment hearing. Mr. Andrews then
.asked for Staff input.
Steve Simonson informed the Commission Mr. Bartlett is using
the area to prepare."Classic" cars. The area is out by Bishop
Center and Stone Creek RV park. Mr. Bartlett needs the
Specific Use Permit to maintain the number of "Classic" cars he
has. All .fees have been paid.
Bobbie Vonada questioned if the cars are definitely fixed up
and moved out in a reasonable time and Arthur Bartlett replied
yes they are.
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George Vick then asked if there's a fence around the property
to which Arthur Bartlett replied there's a;chain link fence,.
but he will put up a privacy fence if necessary.
Steve Simonson reported that the owner of Stone Creek RV Park
had asked the City to be aware of the number of cars Mr.
Bartlett has on his property. People don't feel secure at the
RV Park when there's lots of junk and trash surrounding them.
Mac.: Simonson pointed out that the area Mr. Bartlett has taken
over next to Bishop Center used to be strictly trash, but a lot
of :improvements have been made.
Bobbie Vonada wondered if just putting up a fence will satisfy
the owner of Stone Creek and Arthur Bartlett replied it will.
Steve Simonson added that from a Staff point of view, if Mr.
Bartlett doesn't create a junk yard, a fence should satisfy
everyone concerned.
Oliver Nelson questioned what height fence we're talking about
and Steve Simonson replied a 6' fence.
Bobbie Vonada asked if it will be a' privacy fence and Arthur
Bartlett replied yes it will be.
Chairman Andrews expressed the opinion it is not the City's
idea to impede business, but to allow them to cooperate so they
can comply with all regulations. The Commission requested this
statement be included in the recommendation to the Board of
Adjustment.
There being no further questions, Oliver Nelson made a motion
to recommend approval to the Board of Adjustment (since the
City does not wish to impede business, but instead allow them
to cooperate so they can comply with all regulations) of the
request from Arthur Bartlett for a Specific Use Permit to
utilize 5 acres at 18701 IH-35 N as a holding area for cars
purchased and in the process of being prepared for sale. Also
included in the motion was the request to schedule a public
hearing.
.David Richmond seconded the motion and the vote was unanimous
in favor. Motion carried.
#8 CONSIDER; AND TARE APPROPRIATE ACTION: ~ Preliminary Plat
and Site Plan Approval - HEB 35/FM 3009
Subdivision (PC #191-93)
Dave Allen of MBC Engineers and Eric Moede and Bill Triplett of
HEB were at the meeting to represent this request.
Chairman Andrews brought out the fact the Commission had talked
about this plat briefly in the past and had hoped to see it
come to reality. Mr. Andrews then asked for Staff input.
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Steve Simonson remarked to the Commission they not only have
the plat in front of .them but also the Site Plan. Mr.
Simonson noted he had spent considerable time with Ford
Engineering reviewing the grading plan and the plat. As a
matter of fact, City Engineer, Ed Ford, complimented MBC
Engineers on the fine work they did on the plat.
Mr. Simonson continued on saying there is only one change that
should be made on the plat and that is the effective date in
the floodplain statement.
Mr. Simonson then covered several points on the Site Plan and
the grading plan, bringing up the following:
(a) we need to know where their signs are going to be placed -
the height of the signs can be discussed during the platting
process;
{b) as far as where the water drains, there are underground
drains to the easement out back, there will be slight sheet
flow down hill;
(c) concerning entrances, there is the Barshop easement which
will be used by both HEB and McDonald's, there is another down
from that about 400', and there is the service entrance to the
back of the building; IH-35 has four entrances to it;
(d) there is ample landscaping, the required setbacks, and a
greenbelt area on both FM 3009 and the IH-35 frontage;
(e) you will see lights, trees and shrubs throughout the
parking area; and,
(f) the only question not answered is where the sewer will be
and that will be worked out when. they're ready to build - they
have 3 options, (1) down to Mobile Villa, (2) down FM 3009, and
(3) out back to the CCMA outfall.
Mr. Simonson told the Commission that contingent on the sign
questions being answered and the effective date on the
floodplain statement being corrected, the Staff recommends
approval. Mr. Simonson also reminded the Commission that HEB
does not have a timetable.
There was a brief discussion on`the flow of the exists along
the IH-35 access road.
Chairman Andrews commented that he gets skeptical when it comes
to the amount of drainage.
Steve Simonson explained that the same people. selling the
property to HEB are selling the property. south of. this
development and he understands Barshop is presently contracting
to build the drainage right-of-way on their property to meet
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the FM 3009 building program the City is going into.
Mr. Andrews then asked `if we have a commitment from them to
continue the underground flow south until it ties into the main
drainage area and Dave Allen replied that is the intention, but
it depends on what develops.
Steve Simonson then explained a little about the drainage and
said everything is in place to receive water.
Mr. Simonson mentioned the need to know where the signs will
be placed before final approval of the Site Plan.
Eric Moede commented they need a little time to think about it
and mentioned they need to take into consideration what they
will need when they have other tenants.
George Vick asked how many other tenants they're expecting to
have and Eric Moede answered they envision 6 or 7. Mr. Moede
went on to explain, though, that HEB will build their store (a
stand-alone unit) first. They will not be speculative about
other tenants, but will require a lease.
Chairman Andrews asked if they had any. kind of a time plan.
One to three years? Three to five years?
Eric Moede replied he would like to see it in one to three
years, but since he lives in the area, he can't be objective.
Mark Marquez advised Mr. Moede to let the City Staff know if
they can help.
.Eric Moede observed that it's nice to work with a city that's
helpful and that wants to grow.
David Richmond questioned how soon after final approval do they
plan to put up their' development sign and Eric Moede
acknowledged they're still in the feasibility stage, but after
final approval, they will put up a future development sign
immediately.
Bobbie Vonada inquired how large a radius of trade area they
feel this new store will cover and Eric Moede replied half way
to New Braunfels. Mr. Moede said they are also going to build
a store at Walnut, but they figure the Schertz store will draw
some of the people from Universal City and also from Canyon
Lake and perhaps some from Seguin. They figure they will get
60~ of their business within a three mile radius.
Bobbie Vonada wondered how this will compare to the one on the
northwest side of Austin because that_one is really good
looking and she was_ impressed. Eric Moede indicated this one
will be slightly larger and said Bill Triplett is an
award-winning designer who tries to design things so they tie
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in with the area where they are located.
David Richmond noted that they will probably pull some of their
business from the Albertson's store in Universal City.
David Richmond made a motion to approve the preliminary plat
and Site Plan for HEB 35/FM 3009 contingent on the effective
date in the floodplain statement being corrected on the plat
_ and the location of the signs being included on the Site Plan.
George Vick seconded the motion and the vote was unanimous in
favor. Motion carried.
#9 CONSIDER AND MARE RECOMMENDATION: Development and Growth
Plan Update - Recycling
Steve Simonson advised that Mark Marquez had worked up an
article on recycling for the Plan and Chairman Andrews said Mr.
Marquez will give the Commission a quick briefing on the
subject.
Mark Marquez began by saying there are several aspects to
recycling, some are good, some are not. A few years ago there
was a committee, appointed by the Mayor, that looked into the
recycling situation.
Mr. Marquez indicated, that in his opinion, curbside recycling
is the worst solution. It is a political problem and a
practical problem. Voters have to be convinced to vote to
raise their rates to some degree and 50~ of the households have
to participate in the program. Curbside recycling diverts less
than 10~ of the waste stream whereas a central facility that
separates recyclables diverts about 85~ of the waste stream.
However, such a central facility would cost around 15 million
dollars and, obviously, the City of Schertz cannot afford this
on its own.
Mr. Marquez further stated the City is working with several
companies and just last week he got in a proposal of 7 million
dollars from one gentleman to build such a facility and the
gentleman claimed the City will make 1.7 million dollars in
revenue every year and he will buy all that is produced.
Needless to say the City is looking into it. They are also
applying for an AACOG (Alamo Area Council of Governments) grant
to finance a feasibility study.
One element of concern in regard to a central facility is that
we need 1,000 tons per day and the City of Schertz only
produces about 20 tons per day. We would have to get political
support from surrounding cities and get Northeast San Antonio
as well.
Mr. Marquez noted that an even- bigger concern is the
transportation infrastructure and then touched briefly on the
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#11; GENERAL DISCUSSION
David Richmond:
(a~,-Asked if there's anything new with the RTC and the
Greenshire property. Steve Simonson said the RTC has put up a
big, road block and the Mischer Corporation has resorted to
trying to pull some political strings to acquire Greenshire by
getting the RTC off dead-center. If the Mischer Corporation
doesn't get Greenshire, it appears as if the RTC will take all
its local area property to Dallas and put it on the auction
block.
Mr. Simonson went on to say if the deal on Greenshire falls
through, the Mischer Corporation will be looking for more land
in the City of Schertz. Mr. Simonson related he has told them
to contact Morton Southwest because it may be that Sagemont is
available.
Chairman Andrews pointed out that if this property goes to
Dallas, the RTC doesn't tell buyers anything about ordinances
or restrictions, so the Commission will have to maintain its
ground as far as what it wants developed in the Greenshire
area.
David Richmond asked if the City has any recourse in a
situation like this. Steve Simonson answered no - it's private
property in the hands of the Federal government.
Bobbie Vonada•
(a) Reported she was glad to hear the County Commissioners
Court approved participation in the Tax Increment Financing
Plan.
Georcte Vick
(a) Asked if there's any restrictions on mobile homes as far as
their location. Steve Simonson said only on the way they put
them in.
(b}; Reported that at the corner of Randolph and Marilyn they
have been putting up a roof and he sees them working mostly on
the weekends. Do they have a permit? Steve Simonson informed
Mr Vick they do have a permit.
Councilman Ken Greenwald:
(a) Reminded everyone of the Art Exhibit- on March. 25th at
7:OOpm being sponsored by CVADAC and the Main Street Gallery.
There will be an auction on Saturday, the 27th, at which Tex
Farnsworth has volunteered to be the auctioneer.
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Steve Simonson interjected that this is as it says, a
self-expression from people depicting stages and experiences of
alcoholism, substance abuse, recovery and healing. There will
also ,be poetry readings.
f.
(b) Pointed out there are articles in the Newsletter about the
basketball courts at the large pavilion, about the Tax
Increment Financing Plan, and about the Annual Spring Clean-Up.
Mr. Greenwald asked that everyone get the word out to their
neighbors that henceforth all legal notices will also be in the
Newsletter. If anyone wants copies of the Newsletter, for
example for a Homeowners Association, please get in touch with
Tom Dovey.
George Vick commented that when he bought something at Cibolo
Creek Pharmacy, they included a Newsletter in his sack.
Oliver Nelson asked Councilman Greenwald about the report on a
rash of burglaries in Woodland Oaks to supposedly support a
drug habit, and wondered if they were local or from the
outside.
Steve Simonson told Mr. Nelson the thinking is they came from
outside the City.
Oliver Nelson pointed out that the second question someone asks
a real estate agent about a city is its crime rate and this
type of publicity doesn't do the City of Schertz or real estate
any good.
Steve Simonson•
(a) Informed the Commission Merwin Willman had knee surgery
this morning and is doing fine. He's at the San Antonio
Regional Hospital (the old Humana Hospital) on Floyd Curl in
Room 539, Bed 1. Flowers have been sent by the Commission and
by the Mayor and City Council and Staff. Some of the ladies at
City Hall are going to fix warm meals for him and a couple of
people have gone together and gotten him a fruit basket.
Bobbie Vonada asked when he will get home and Steve Simonson
replied probably in 7 to 10 days.
Chairman Andrews:
(a) Told the Commission, as they probably already know, that
Odo Riedel passed away over the weekend.
(b) Informed everyone there is a new-business in town. It's a
flower shop called "Above the Rest" and is located on Main
Street where Betty's Books used to be.
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# 12 ADJOURNMENT
Chairman Andrews adjourned the meeting at 8:15 P.M.
The next regularly scheduled meeting is March 23, 1993.
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