01-11-1994 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission conducted a public
hearing on Tuesday, January 11, 1994 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
BOB ANDREWS, CHAIRMAN STEVE SIMONSON,
GEORGE VICK, VICE-CHAIRMAN ASST. CITY MANAGER
MERWIN WILLMAN, SECRETARY NORMA ALTHOUSE,
KEITH VAN DINE RECORDING SECRETARY
DAVID RICHMOND
TONY MORENO
PIA JARMAN
KEN GREENWALD, COUNCILMAN
~1 CALL TO ORDER
Chairman Andrews called the meeting to order at 7:00 P.M.
#2 PUBLIC HEARING: To Receive Citizen Input on the
• Proposal to Change the Name of Live Oak
Blvd. to Wiederstein Dr.
There were no citizens present so Chairman Andrews dispensed
with explaining the procedures to be followed at a public
.hearing. Mr. Andrews did, however, point out that Planning and
Zoning has 10 days to make its recommendation to City Council.
#3 ADJOURNMENT. OF PUBLIC HEARING
Chairman Andrews closed the public hearing at 7:01 p.m.
The Schertz Planning and Zoning Commission convened in a
regular session, following the public hearing, in the Municipal
Complex conference room, 1400 Schertz Parkway, Schertz, Texas.
#4 CALL TO ORDER
Chairman Andrews called the meeting to order at 7:02 p.m.
#5 APPROVAL OF MINUTES: 'Regular Session December 14, 1993
Merwin Willman made a motion to approve the minutes for the
Regular Session December 14, 1993. George Vick seconded the=
motion and the vote was unanimous in favor. Motion carried.
#6 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none.
#7 CONSIDER AND MARE RECOMMENDATION: Name Change for Live
Oak Blvd. (PC #188-93)
Merwin Willman made a motion to recommend to City Council
approval of changing the name of Live Oak Blvd. to Wiederstein
Dr. Pia Jarman seconded the motion and the vote was unanimous
in favor. Motion carried.
~8 CONSIDER AND MARE.RECOMMENDATION: Discussion of City
Council's Comments on Having Sufficient Time
After a Planning and Zoning Public Hearing in
Which to Make a .Recommendation to .City
Council
Chairman Andrews asked Steve Simonson if there's any further
input on this and Mr. Simonson replied there is not.
NOTE: City Council's suggestion is that in those cases in
which the P & Z Commission does not feel a recommendation can
be developed at their meeting and/or any special P & Z meetings
cannot be held, the City Council will hold it's public hearing
as scheduled, but will table any action until a recommendation
is forthcoming from the Commission. This process will prevent
having. to change the publication dates and practices.
Councilman Greenwald commented it is a straightforward
suggestion. It is the best way Council could work it out and
meet the State law.
Merwin Willman noted he has no problem with City Council's
suggestion.
The Council's suggestion was briefly discussed and was found to
be favorable to the Commission.
#9 CONSIDER AND TAKE APPROPRIATE ACTION: Approval of Proposed
Street Names for Dove Meadows, Unit 2
The following names had been submitted for approval:
Morning Rose Ivory Creek Rosehollow Dr.
Quiet Creek Dr. Linden Grove Dr. Crimson Dove Dr.
Morning Mist Lane :Emerald Gate Maple Knoll
Arbor Stream Wellbrook Towngate
Summer Haven Lane Sandy Ridge Circle Bending Brook Dr.
Millcross Lane Gatecreek Lane Turncreek Lane
Parkfair Lane
The Commission felt that because there is already a Mourning
Dove in~ Dove Meadows, Unit 1, Morning Rose and Morning Mist
Lane should be eliminated, even though the spelling of morning
is different. Also, because we already have Maple Dr. and
Maple St., the Commission felt Maple Knoll should be
eliminated.
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Also .discussed was exactly what is included (the spaces, and
Lane, Drive, Circle, Street, etc.) in the fourteen characters,
which is the maximum amount of characters allowed by the Post
Office.
David Richmond made a motion to approve the. proposed street
names for Dove Meadows, Unit 2 except for Morning Rose, Morning
Mist Lane and Maple Knoll, and except for those that have too
many characters as determined by the Post Office. Merwin
Willman seconded the motion and the vote was unanimous in
favor. Motion carried.
X10 CONSIDER AND TARE APPROPRIATE ACTION: Future Northcliffe
Development
Steve Simonson drew a diagram for the Commission of the
proposed location of 300 homes in Scenic Hills, Phase 2. Mr.
Simonson emphasized the problem is that only a few of the homes
(approximately 36) will be in Schertz City limits, the rest are
in the ETJ. In the past, the City has disannexed parts of
Northcliffe, at the request of the property owners, because of
similar situations. Originally, they were going to build and
eventually connect with the back end of Scenic Hills, Phase 1.
They are no longer going to do that, but are proposing an
entirely separate development. Mr. Simonson indicated he had
told them they would need a second outlet and right now they
.are looking back out at Covers Cove.
Continuing on, Mr. Simonson commented it may be that the
Commission wants to recommend to City Council some kind of
disannexation right now so we don't get into this again. Do we
want to keep disannexing as they keep building, or do we want
to annex the whole thing?
Tony Moreno asked about the developers projections on this and
Steve Simonson indicated the developer doesn't want some of the
-homes in the City limits of Schertz and some of them out.
Merwin Willman observed they have to comply with the
Subdivision Ordinance either way. However, the only way we can
put a stop order on them in the ETJ is to take them to court.
Tony Moreno mentioned they could incorporate and become their
own entity, but Steve Simonson said not unless we let them.
Mr. Moreno then inquired why we are looking at disannexing and
Steve Simonson replied that's what City Council has done in the
past- every time a few homes were built in our City limits and
the homeowners asked to be disannexed.
Merwin Willman suggested Steve Simonson provide a little
background on Northcliffe and why the City hasn't annexed it.
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Mr. Simonson related Northcliffe uses Schertz water and we are
their .EMS and we are their Fire Department back-up. When it
was developed, they started their own MUD (Municipal Utility
District) by selling bonds and incurred more and more debt
resulting in higher utility costs. They now have MUD 1 and MUD
2 with a high debt level. If we annex them, we assume the
debt. The question is if it's fair to annex them and spread
the debt to the rest of the City.
Mr. Simonson went on to say there are other issues involved
here. There are two school districts in Northcliffe -
Schertz-Cibolo-Universal City ISD and Comal ISD. There. are
also two phone exchanges - San Antonio (local) and New
Braunfels (long distance). Furthermore, Northcliffe is a small
city by itself. They have a juvenile problem, a problem with
crime, a problem with drugs, water line breakage and the need
for road repair.
Merwin Willman, stating that over the years the City has
considered annexation a number of times, said he would like to
see this matter investigated and get it over with once and .for
all.
Steve Simonson's recommendation was to urge City Council to
look into all the options.
Tony Moreno asked how that would be accomplished. Would City
Council, along with Staff members, look into it themselves or
have a professional study done?
Councilman Greenwald reported the last time they looked into it
seriously, they had their bonding company. attempt to look at
the books. Unfortunately, they had a problem establishing the
total indebtedness.
Chairman Andrews remarked that right now the property owners in
Northcliffe pay $9.00 per $1,000.00 evaluation for MUD tax.
Steve Simonson advised they can build approximately 1/3 of the
proposed homes without enlarging the sewer system. Beyond that
point they already have a permit for another sewer which would
discharge down the Dry Comal, and you know Schertz would get
blamed for the discharge.
Mr. Simonson went on to say something would have to be worked
out with Cibolo regarding the ETJ. A considerable amount of
-study has been done by the City staff on all the parameters and
how they could be worked out. One possibility might be the.
reselling of the. bonds at a lower interest rate.
Tony Moreno declared that the longer City Council vacillates,
the worse the problems will get.
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Council Greenwald was quick to point out. City Council is not
vacillating. They can't in good conscience triple the water
bills for everyone else in the City.
Mr. Greenwald then inquired if Scenic Hills still has a
private road and Steve Simonson answered they do and will be
requesting a second private road.
There was a brief discussion about when the City would see any
taxes if Northcliffe were annexed.
Keith Van Dine wondered if Schertz lays back, what the chances
are of Cibolo annexing Northcliffe. Steve Simonson answered
that Cibolo can't do that unless Schertz gives them permission.
However, the residents of Northcliffe could force our hand one
way or the other.
Chairman Andrews asked if we annexed the remainder of the area
where they're going to build, would we inherit the MUD 1 and
MUD 2 debts. There was some discussion on this with Steve
Simonson admitting he doesn't know for sure - he would have to
look into it.
George Vick commented he would recommend disannexing the 36
homes that would be in our City limits and give City Council an
edict to study the feasibility of annexing the whole thing.
Steve Simonson advised not giving up any of the property if
you're considering annexing it all.
Chairman Andrews suggested the following options be recommended
to City Council:
(a) annex the entire area of Scenic Hills, Phase 2 which U.S.
Homes is planning to develop; or,
`(b) annex the entire area of Scenic Hills, Phase 2 which U.S.
Homes is planning to develop and the rest of MUD 2; or,
(c) annex the entire Northcliffe Subdivision.
Councilman Greenwald felt City Council wouldn't object to
looking, into it again, but the books may be a problem. Maybe
the only way tp open the books is if it forced on the MUD by
the citizens.
Mr. Greenwald further remarked the City has known all along
- that at some point in time we will annex them, it's just a
question of when based on how we can work out all the problems
and not jack our bond rate up.
Keith Van Dine asked if the tax base would be worth it and
Steve Simonson replied no, because commercial property takes
your tax base over the top, not residential rooftops. Rooftops
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don't pay for City services. Mr. Simonson did stress,
however,. that by annexing theme we could control future
development, it would become a nice looking area and commercial
development and further residential development would come in,
there's sewer right across the street which Schertz has spent
money on to come in all the way from New Braunfels and the
Forbes people spent money to bring it up almost to FM 1103
(it's all primed and ready to go), we would have a much better
grip on the whole area, and it would become a much enhanced
area with Schertz services.
David Richmond inquired if annexation had been broached in the
early 1970's -.and Councilman Greenwald answered no, the City
wasn't out that far at the time.
Merwin Willman made a recommendation that a letter be sent to
City Council asking them to take a look an annexing Northcliffe
based on new interest by U.S. Homes, and that three options be
presented to them as follows:
(a) annex the entire area of Scenic Hills, Phase 2 which U.S,.
Homes is planning to develop; or,
(b) annex the entire area of Scenic Hills, Phase 2 which U.S.
Homes is planning to develop and the rest of MUD 2; or,
(c) annex the entire Northcliffe Subdivision.
Tony Moreno seconded the motion and the vote was unanimous in
favor. Motion carried.
#11 CONSIDER AND TARE APPROPRIATE ACTION: Review of Publi-
cations
The Commission currently receives the Zoning Bulletin, the
Zoning News, The Zoning Report, the Planning Commissioners
Journal and Environment & Development.
Steve Simonson had asked the Commission to review these
publications .and decide if next fiscal year they wish to
continue receiving all of them, or if they find some of them
redundant, then decide if they wish to discontinue any of them.
It was decided and :agreed to eliminate the Zoning Bulletin and
the Zoning News and keep the other three.
X12 CONSIDER AND TARE APPROPRIATE ACTION: Review of Checklists
Merwin Willman had worked up a .package containing his
recommended changes to the checklists. The checklists reviewed
were as follows:-
. (1) Site Plan Application and Checklist;
(2) Checklist for Zoning/Rezoning of Land;
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(3) Petition for Zoning/Rezoning;
(4) Subdivision Plat Processing Checklist;
(5) Application for Special Exception;
(6) Request for Variance to Sign Ordinance;
(7) Application for Specific Use Permit; and,
(8) Application for Home Occupation Permit.
The Commission made their suggestions and recommendations -and
these will be incorporated into the checklists.
X11 GENERAL DISCUSSION
Merwin Willman:
(a) Remarked it seems like everyone but Planning and Zoning has
an article in the Newsletter. It might be wise to say how many
plats have been approved and how many homes are being built.
Councilman Greenwald noted the articles have to be in to Tom
Dovey by the 20th of the month.
Steve Simonson agreed to write something up for the Newsletter.
(b) Stated it appears the trend is toward private streets and
our ordinance prohibits them. We should do some research on
it.
Mr. Willman then asked who is responsible for seeing that the
Homeowners Association keeps up the streets. It seems we need
some kind of control.
Chairman Andrews related that in those subdivisions where the
Homeowners Associations are mandatory (and they usually are
mandatory when the streets are private) the Homeowners
Association is responsible for maintaining .the streets.
Mr. Willman inquired what happens if the Homeowners
Association is not strong and Chairman Andrews informed Mr.
Willman there are companies that bid annually to manage
Homeowners Associations.
Steve Simonson pointed out that private streets have controlled
access, so he doesn't see citizens, outside of those who live
there, driving on them.
Tony Moreno brought up the possibility of Planning and Zoning
and City Council approving Homeowners Association by-laws.
Chairman Andrews noted if it's required by a statement on the
plat that the Homeownwers Association maintain the streets
and/or any other specified areas, that should take care of it.
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Mr. Willman suggested that it be researched and if we come up
with anything on private streets, we build a background. file.
We will probably eventually have to change the ordinance.
Councilman Greenwald:
Informed the Commission a representative from the Bexar County
Hospital District is giving a presentation tomorrow night.
Steve Simonson:
Discussed Dietz Road and the problems that will be encountered
if it's not improved. Mr. Simonson mentioned the school
district is currently negotiating on 11 acres in the area on
which they wish to build an elementary school. This, along
with the traffic generated from the proposed Deer Creek
Subdivision in Cibolo and the Dove Meadows Subdivision in
Schertz, will bring about disastrous results without
improvements to the road.
Merwin Willman asked if City Council is aware of the situation
regarding Dietz Road and Councilman Greenwald answered some of
them are.
Mr. Simonson acknowledged that all of Dietz Road is in
Cibolo's ETJ and Schertz has acquired an extra 10' of
right-of-way from the developer of Dove Meadows. Someone needs
to take the ball and run with it.
Merwin Willman agreed and stressed that just because Cibolo
doesn't improve the road, that's no .reason to make. .our
residents suffer.
George Vick•
Questioned the. legality of the dirt piles on FM 1518 North
being. used to fill in land and was told by Steve Simonson the
piles were knocked down today - the situation had been taken.
care of . .
Mr. Vick mentioned other property owners along that same area
doing the same thing, but Steve Simonson .admitted they are
outside the City limits.
X12 ADJOURNMENT
Chairman Andrews adjourned the meeting at 9:05 p.m.
The next regularly scheduled meeting is January 25, .1994.
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