09-14-1993 PLANNING AND ZONING MINUTES
-The Schertz Planning and Zoning Commission convened in a
regular session on Tuesday, September 14, 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 DUANE MOY
GEORGE VICK, VICE-CHAIRMAN MIKE CUDE
MERWIN WILLMAN, SECRETARY RANDY BURCH
KEITH VAN DINE
DAVID RICHMOND
TONY MORENO
PIA JARMAN
KEN GREENWALD, COUNCILMAN
CITY STAFF
STEVE SIMONSON, ASST. CITY MGR.
NORMA ALTHOUSE, RECORDING SECY.
#1 CALL TO ORDER
Chairman Andrews called the meeting to order at 7:00 P.M.
#2 APPROVAL OF MINUTES: Regular Session August 24, 1993
Merwin Willman made a motion to approve the minutes for the
Regular Session August 24, 1993. George Vick 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 MAKE RECOMMENDATION: Request from Burch
Roofing, 116 Wuest St., for an 8' Variance to
Sign Height
Randy Burch was at the meeting to represent this request.
Chairman Andrews asked for any update.
Steve Simonson informed the Commission Burch Roofing had not
provided a plot plan of the proposed_ sign. The ordinance
-authorizes a 40' sign in a General Business area if they're not
on an interstate and a 50' sign if they are .on an interstate.
Burch wants to .have a 48' sign, therefore the request for a
variance .
Randy Burch explained that the sign will be up against their
building on FM 78, but they need extra height to get above the.
building so the sign can be seen coming both ways.
Steve Simonson affirmed that the sign will not be in the
current right-of-way or where the future right-of-way is
scheduled to be once FM 78 is widened.
George Vick questioned if 48' will be high enough for the sign
to be seen and Randy Burch acknowledged that it will.
Tony Moreno. questioned if the sign is measured 6' from the top
of the side or the base of the side and Randy Burch replied the
bottom, and because of the design of the sign, they have to
measure from the apex.
Mr. Moreno then asked if it extends past the face of the
building on FM 78 and was told by Randy Burch it does not.
George Vick observed it will be like setting it on top of the
building and Randy Burch commented that's exactly right. At
first they wanted to put it on top of the building, but the
size of the sign presented too much of an engineering problem.
Upon inquiring if the sign will be lit from the frame or if
there will be lights, Mr. Moreno was informed by Randy Burch
that they plan to have flood lights under the bottom of the
sign.
Steve Simonson related the sign poses no problem to the AICUZ
or the traffic light.
Tony Moreno then wondered about access to the sign (can someone
climb it?), about maintenance problems, and about any
foreseeable changes in advertising.
Randy Burch responded by saying they are contracting the
installation of the sign (a crane will be used), they don't
foresee any maintenance problems, and there should be no
advertising changes until such time as the sign is in need of
being refaced. Mr. Burch remarked the sign they are using is
the old Handy Dan sign.
David Richmond commended Randy Burch on their building and
stated it's the best improvement along that area of FM 78, in
the City of Schertz, in the last 19 years. Mr. Richmond then
expressed hope that the rest of the businesses in the strip
will follow suit.
Randy Burch divulged that they own the rest of the strip and
have plans to make. improvements. -
- David Richmond, saying he's not a fan of signs or billboards,
or anything that detracts from the aesthetics of an area,
indicated he cannot see what difference a sign of 48' will make
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given the trees that are in there. and the elevation of the
bridge which obstructs your view when traversing the low water
crossing.
Randy Burch pointed out they are looking at the long term and
feel sure that eventually the bridge and the trees will be
gone and therefore won't be a factor any more.
David Richmond then suggested looking at the long term by
waiting to see what happens before they put up their sign.
Randy Burch related they had talked with the Department of
Transportation, with Steve Simonson and with the Tax Assessor's
office before making plans. They want the advertising and they
want people to be familiar enough with their business so that
when asked by someone for directions, the person giving the
directions can say The place you're looking for is down by
Burch Roofing."
David Richmond, saying they had done such a good job with their
lettering, suggested that putting spotlights on the building
will not enable you to see it from a distance, but the building
will certainly be the prominent structure along that area.
Randy Burch admitted Mr. Richmond was right in that aspect,
but you can only see the logos when you're in front of the
building, and they want a sign you can see coming and going
along FM 78.
Merwin Willman asked the height of the building and Randy Burch
replied it is 32'.
There was then some discussion about the square footage of the
sign. The ordinance allows 250 square feet and according to
.Chairman Andrews' calculations, the sign is a little over 261
square feet.
Steve Simonson advised the Commission that if they want to make
it kosher, then the size variance should be granted along with
the height variance even though the size variance was not
requested.
David Richmond questioned if they will have any other
advertising in the area and Randy Burch replied nothing of the
size of the sign. There is a chance of more lettering on the
building.
Chairman Andrews then asked Randy Burch where=he obtained the
forms he filled out for this request and Mr. Burch reported he
had gotten them from the Inspection Department.' ~ "
George Vick wanted to-know if the-decision on this request is
up to the Commission or does-it go to the Board of Adjustment.
Steve Simonson indicated the Commission has the authority to
approve or disapprove this request.
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.Following a suggestion by Chairman. Andrews, Merwin Willman made
a motion to approve the request from Burch Roofing, 116 Wuest
St., for an 8' variance to the sign height and an 11 square
foot variance to the sign size contingent on the following:
(a) Burch Roofing must submit a site plan showing the location
of the site and the location of the sign in relation to FM 7.8
and to their building; and
(b) Burch Roofing must submit the correct paperwork, required
by our ordinance, containing the information we need such as
the reasons they need the variances, the size of the sign and
the location of the sign;
Added to the motion was the statement that all this is required
so the Commission can verify the sign is, in fact, done in
accordance with their recommendation.
George Vick seconded the motion and the vote was as follows:
AYES: B. Andrews, G. Vick, M. Willman, K. Van Dine,
T. Moreno, P. Jarman
NAYS: D. Richmond
ABSTENTIONS: None
Motion carried.
#5 CONSIDER AND TARE APPROPRIATE ACTION: Final Plat Approval -
Woodland Oaks Subdivision, Unit 5 (PC #194-93)
Mike Cude and Duane Moy were at the meeting to represent this
request.
Chairman Andrews reminded the Commission Steve Simonson put an
updated plat at their places this evening. The changes are
basically technical changes. Mr. Andrews than asked for any
update.
Steve Simonson pointed out that the widths of the streets are
missing on sheet 2 of 3. Also, on this plat they show Woodland
Oaks Drive. stubbing out. at the drainage. ditch. Mr. Simonson
noted they have a new: Master Plan for Woodland Oaks and pointed.
out a few of the changes. Mr. Simonson then confirmed he had:
spoken with Duane Moy earlier in the. day and advised him- the
City wants Woodland Oaks Drive built out to the property line.
Mr. Simonson further stated everyone. recognizes its`a major
- expense to .build the bridge across the drainage structure. The
Master Plan shows that Woodland Oaks Drive goes -to their
property :line. They .are saying they cannot build the last
Section, Section 7, -unless they_ build the bridge. The
intention of the developer-at this. time is to build-the bridge
when they build the last Section.
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Tony Moreno remarked this must have to do with access and Steve
Simonson acknowledged that's correct. -
Merwin Willman reminded the Commission the Master Plan has
always shown Woodland Oaks Drive going out to Schertz Parkway
and that's why the City wants it built out to the property
line.
Mike Cude spoke at this time updating the Commission on their
progress. Mr. Cude recounted that the greenbelts have been
incorporated into the drainage feature and they have been able
to save .almost all of the trees by working channels' around
them. As a matter of fact, they are spending almost $4,000 per
lot because of drainage. Mr. Cude then mentioned that instead
of there going to be two more Units, Units 6 and 7, the
remaining property will be combined into only one more Unit,
that being Unit 6.
Merwin Willman asked Mike Cude if he is saying the extension of
Woodland Oaks will come in with the Unit 6 plat and Mr. Cude
answered that's correct - they will build Unit 5 right up to
the property line.
Merwin Willman then referred to the street names and commented
that one of them, Wooded Trail, is not on the approved list,
but he feels sure the Post Office will probably go along with
it.
Merwin Willman inquired if the utilities in this subdivision
are all in front and Chairman Andrews confirmed that to be
true. This prompted a discussion about the exact location of
the utilities and resulted in the Commission requesting that a
drawing of a typical front yard utility easement be shown on
the plat.
Chairman Andrews expressed concern about the further
development of Woodland Oaks after Unit 5, saying he has seen
so many developers get to the second phase of a project and
determine it costs- too much, so they ultimately decide to sell
the rest of their property.
Keith Van Dine .had the same concern and noted that if this
project dead ends, that may be.the very thing that prevents
further development of the Woodland Oaks area.
The idea of the developer putting up a surety bond was
.mentioned sand George Vick thought that to be a worthwhile
consideration.
Chairman Andrews explained to Mike Cude- the Commission is
looking for.-some type of method whereby the entire amount of
money would not have to be paid_out right now, but when they
- get to the point when it's necessary to build the bridge, part
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of the money. will have already been dedicated to- the bridge
fund. - _
George Vick asked what the estimated cost of the bridge is and
was informed by Steve Simonson it is $100,000. Mr. Simonson
then told the Commission whatever they decide, the City will
work on it with the developer.
George Vick inquired about the number of lots in Unit 5 and
Mike Cude indicated there are 87.
George Vick then questioned how long it would take to sell that
many lots and it was estimated anywhere from eighteen months to
two years.
Steve Simonson broached another issue concerning Unit 5 -which
needs to be settled - that of the parkland dedication.
Mike Cude's thinking was that part of the drainage area and/or
channel and the bottom of the detention pond could be utilized
as parkland. Steve Simonson wasn't sure those areas could be
used legitimately as parkland, especially the drainage channel,
and mentioned that according to the ordinance, if a development
has less than 133 units, they can dedicate money ($225 per
unit) instead of parkland. Mike Cude implied they would give
that some thought and come up with a decision.
Chairman Andrews asked if Unit 5 will belong to the same
(mandatory) Homeowners Association as the other four units and
Merwin Willman said he would logically think so.
Steve Simonson reviewed the three major unresolved issues
concerning Woodland Oaks, Unit 5: (1) dedication of parkland,
(2) the building of the bridge, and (3) membership in the
Homeowners Association.
Chairman Andrews asked the Commission if they wish to proceed
with or table action on this plat until the questions are
answered. Merwin Willman commented he would prefer to table
it.
Tony Moreno wanted to know if tabling it would interfere with
engineering and Mike Cude told Mr. Moreno it would not because
they still have to have the construction plans approved.
Steve Simonson hinted he is sure something can be worked out
about money~for~the bridge, probably a bond, but-he does have a
problem with using the drainage channel as parkland. -
Chairman Andrews .suggested-:Mike Cude contact the current -
Homeowners Association in Woodland Oaks and ask if they can
accommodate 87 more homes. -
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Mervin Willman made a motion. to table action on the request for
- final plat approval of Woodland Oaks, Unit 5, until the
following items. can be accomplished:
(1) Show street widths on sheet 2 of 3;
(2) Show typical front yard utility easement drawing on the
plat;
(3) State Any Homeowners Association requirements on the plat;
(4) Finalize requirement for dedication of parkland; and,
(5) Establish a method for funding the extension of Woodland
Oaks Drive to the property line.
Pia Jarman seconded the motion and the vote was unanimous in
favor. Motion carried.
After the vote, there was a brief discussion on what's going to
happen to the water downstream, namely that which flows to the
properties of James Bindseil and Malford Ackermann. Mike Cude
explained how the channelized drainage and the detention pond
have made improvements in the flow of water downstream. Mr.
Cude went on to say Maske Road will be accepting flow as it
does now, but it has been improved by the building of the
detention pond.
#6 CONSIDER AND MARE RECOMMENDATION: Renaming of Live Oak
Blvd.
Chairman Andrews asked Steve Simonson the status of the name
change and Mr. Simonson replied all parties are in agreement.
Chairman Andrews indicated what needs to be done. is that we
formally request a reply, in writing, from Selma and Cibolo
.that they approve. of the name change. Once we have received
their replies, we will put .the name change on the agenda and
get it done.
The Commission discussed giving Selma and Cibolo a deadline in
which to reply and it was decided to put this item on the
October 12, 1993 Planning and Zoning Commission agenda.
Keith Van Dine made a motion instructing Steve Simonson to send
a letter to the .cities of Selma and Cibolo requesting their
formal approval,. in writing, of the proposed name change for
Live Oak Blvd. This letter should give them a deadline for
returning the reply in time to be on the Planning and Zoning
Commission's agenda of October 12, 1993.
Tony Moreno seconded the motion and the vote wa_s unanimous in
- favor. _-Motion -carried.
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#7 ITEMS TABLED: Site Plan for Tri-County Business and
Industrial Park, Unit 1B (Taco Bell) .
Tabled 8-24-93
Chairman Andrews asked for any update.
Steve Simonson reported there's a hold on the property - Taco
Bell hasn't. bought it yet.. There's a jurisdictional dispute
.between franchise groups in San Antonio and San Marcos. As a
result no site plan has been submitted.
The consensus of the Commission was to leave this item on the
table and notify the appropriate representatives of this
project it will be scheduled on the next agenda (9-28-93) of
the Planning and Zoning Commission.
#11 GENERAL DISCUSSION
David Richmond:
Elaborated on why he made the suggestion to Burch Roofing that
he did about taking the long-range approach of waiting to see
what happens before putting up their sign and why he voted
against them having the sign. Mr. Richmond stressed he does
not wish for FM 78 to become another Pat Booker Road. Burch's
sign will be a precedent setter and FM 78 is not, after all,
IH-35 where you need a line of site so many feet back to be
able to see a sign.
Keith Van Dine•
Asked Steve Simonson if the people .putting in a mobile home on
Pfeil Road have gotten all the proper permits from the City.
Mr. Simonson said he will check into it.
Pia Jarman:
Inquired who is in charge of implementing the educational park
grant. Steve Simonson advised he is one of three people on the
Committee, the others are Gail Douglas and John Bierschwale.
Mr. Simonson further stated a professional landscape architect
has. volunteered some time to help them set up the park.
Mrs. Jarman asked if there's a time frame and Steve Simonson
replied that hopefully citizens can start using. the park by
next summer.
Mrs. Jarman inquired if there will-be a structure at the park
and Steve Simonson. replied yes, it will be a xeriscape park
- with walking trails and a gazebo and plaques identifying native-
- -Texan foliage.
Mrs. Jarman then asked if citizens can donate to the park.
Mr. Simonson explained. that when landscaping was done at the
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Municipal Complex several years ago they had a plan .whereby .
people could donate money, time, or materials and then have a
small plaque put up with their name on it, so he is sure
something similar can be worked out for this project.
Merwin Willman•
(a) Asked the .status of the disannexation from San Antonio of
the land off FM 1518 south. Steve Simonson commented the City
received a letter from Mayor Wolff saying he had received our
letter.
(b) Referred to the incident this evening where the wrong form
had been submitted by Burch Roofing and said the Commission
sets up instructions and procedures to handle certain items,
but they seem to fall apart along the way.
Mr. Willman also referred to the checklist that we have which
should be attached to all plats when they are submitted.
Mr. Willman observed that maybe we need to change the
procedures so there's more time for the City to review items
submitted for the agenda.
Chairman Andrews emphasized that an item for the agenda cannot
be reviewed and/or staffed completely if it doesn't come in
until the Friday before the meeting. Mr. Andrews suggested
that perhaps the deadline should be the Wednesday before the
meeting, and if something is submitted after the Wednesday
deadline, then it will not be scheduled until the agenda for
the meeting two weeks later. Mr. Andrews also advocated
tabling an item if what is submitted is incomplete.
Steve Simonson stated that moving the deadline back is the
easiest thing to do. As far as the wrong form for the sign
variance,, he apologized- and told the Commission it was his
fault, he had not noticed it-was on the wrong form. And then
referencing Merwin Willman's comment about a checklist being
submitted with the plats, Mr. Simonson said he does provide a
checklist with the preliminary plat, but it is the Commission's
responsibility to retain that checklist until the final plat is
submitted.
Councilman Ken Greenwald voiced his thoughts on the process and
recommended following the policy that if an item is not
staffed, it cannot come before the Commission for
consideration.
Chairman Andrews, agreeing with Mr. Greenwald'~s idea and
taking previous discussion into_consicieration, suggested the -
policy be that an item: has to be submitted by Wednesday and has
to be staffed or it cannot come before the Commission.
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Keith Van Dine asked.5teve Simonson, since he knows his. time
schedule, to write something up on this and bring it to the
next meeting so the Commission can vote on it as a policy.
Chairman Andrews requested something be written up on this and
it be placed on the agenda of the September 28, 1993 meeting.
Georcte Vick
Mentioned the incident of a drive-by shooting on Marilyn the
other night and said it appears to have been the result of a
disagreement between teenagers.
Councilman Ken Greenwald:
(a) Reported that he, the City Manager and the Mayor were
supposed to attend a meeting last week on the high speed rail
project, but the meeting was cancelled.
(b) Advised that at the last Canyon Regional Water Authority
(CRWA) meeting, it was discussed how the high speed rail's
location may have an impact on the location of water lines and
how if the rail is federally financed, it will cost us. .e
The CRWA is plugging right along, the two clarifiers are about
95~ complete and they have started to install plumbing and
piping.
We still don't know, as far as the City of Schertz, what the
new water authority will charge us for our pumps.
Steve Simonson:
(a) Declared that since the Williamson Subdivision plat was
approved, there has been a lot of interest from citizens in the
Schaefer Road area about being annexed into the City of
Schertz. Mr. Simonson told the Commission they might think
about how they would want to zone the area.
Mr. Simonson then remarked that, if you look at the map, it
would be advisable for Schertz, if they consider annexing the
Schaefer Road area, to go all the way down to Lower Seguin Road
and encompass the whole thing. It would close up the area and
the City wouldn't be taking on a lot of extra responsibility.
Merwin Willman asked .if the Gutierrez landfill won't. be using
Schaefer Road as an access road to their facility. Steve -
Simonson and Councilman Ken Greenwald both admitted they don't
think you will ever see the landfill because of all the costly
EPA and/or other governmental regulations.
_ ~(b) Related there are several areas in_the City being discussed
as possible locations for apartments - the Alamo Waste location
and the corner of Schertz Parkway and Elbel Road. Chairman
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Andrews asked if those looking at the location-at the corner of
Elbel Road and Schertz Parkway are aware-Westchester Drive has
to be extended out. Steve Simonson assured Mr. Andrews he had
apprised them of that up front.
Mr. Simonson also mentioned Darwin Peek's request for the
rezoning of part of his land to accommodate the building of
apartments.
(c) Asked the Commissioners if they remember Sagemont and said
the developers have come back. There is already an approved
plat for the first unit off FM 3009, but Mr. Simonson said he
suspects they are looking at developing a unit off Schertz
Parkway. They will need water and sewer lines.
(d) Mentioned there is no new information on Greenshire at this
time.
Chairman Andrews:
(a) Asked Merwin Willman if he's familiar with the APA Journal
and Mr. Willman answered that, in his opinion, it's written on
a professor's level.
Mr. Willman went on to say the APA has an advisory service
through which you can borrow videos and books and they will
answer questions, but it is expensive. Mr. Willman thought
this service would be of more help to the Commission than the
APA Journal and is sure there will be some literature on it at
the APA conference.
(b) Pointed out that the Commissioners had received, in their
packages, room confirmations and further information on the
conference.
#9 ADJOURNMENT
Chairman Andrews adjourned the meeting at 9:10 P.M.
The next meeting is a public hearing and regular session
scheduled for September 28, 1993.
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