05-24-1994 PLANNING AND ZONING MINUTES '
-.The Schertz.Planning and Zoning-.Commission convened in regular
session on Tuesday, May 24 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 OTHERS PRESENT
BOB ANDREWS, CHAIRMAN JIM LEONARD,
GEORGE VICK, VICE-CHAIRMAN BUFFINGTON HOMES
MERWIN WILLMAN, SECRETARY BRUCE HARTHAN,
DAVID RICHMOND U.S. HOME CORP.
TONY MORENO SAM BLEDSOE, MBC ENG.
PIA JARMAN BRAD GALO, MBC ENG.
COUNCILMAN KEN GREENWALD HARRY RICHBURG
MEMBERS ABSENT CITY STAFFr
KEITH VAN DINE STEVE SIMONSON,
ASST. CITY MANAGER
NORMA ALTHOUSE,
RECORDING SECRETARY
#1 CALL TO ORDER
Chairman Andrews called the meeting to order at 7:00 p.m.
#2 APPROVAL OF MINUTES: Public Hearing and Regular Session
May 10, 1994
Pia Jarman pointed out that on Page 9, third line from the
bottom, the word one was omitted between only resident and
should be inserted.
Merwin Willman made a motion to approve the minutes, as
corrected, for the public hearing and regular session May 10,
1994. Tony Moreno 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 TARE APPROPRIATE ACTION: Request from U.S.
Home Corporation for Permission to Place
- "Bandit" Signs Along FM 3009 :on Weekends
(PC #211-94)
Bruce Harthan from U.S. Homes was at the meeting to represent
this request. _ -
Chairman Andrews asked-`for-Staff"input and Steve Simonson
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informed the Commission U.S. Homes is building 'in Thistle
.Creek and this request is pursuant to us-going back to them and
telling them they. couldnot put these signs .;along ;FM 3009
without ;our permission., Mr. Simonson read from the ordinance'
the. requirements.,-as far as the number of ,signs permitted (10
along FM 3009 and one on each side of the road at their
entrance for a total of 12), the number of feet apart the signs
must be (500'),. and the hours the signs are permitted to be
displayed (3:00 p.m. Friday to 10:00 a.m. Monday and also on
federal holidays).
Chairman Andrews questioned if we can authorize only ten signs
because they do not have an entrance in the City of Schertz
from FM 3009 into their subdivision. Steve Simonson
acknowledged that's true unless you count Dietz Road. Chairman
Andrews commented if you count Dietz Road you will have 15 to
20 signs at the entrance. Mr. Andrews said he understands
several other builders are ready to start in the. .same general
area and that means more signs.
Mr. Andrews asked the representatives from both U.S. Homes
and Buffington Homes if they had received a copy of the
ordinance and they replied they had not. Mr. Andrews then =~j
gave them both an excerpt from the ordinance pertaining to
bandit signs in the FM 3009 overlay district.
Merwin Willman stated that although the request doesn't
specifically mention Dietz Road and Borgfeld Road, he thinks we
should consider. applying the same requirements to those roads.
Chairman Andrews told Bruce Harthan the ordinance is really
only for developers in the City of Schertz, but we have
extended it as a courtesy to builders in the Thistle Creek
area. We allow only ten signs because the objective is to keep
the overlay district along FM 3009 aesthetically pleasing. Mr.
Andrews also mentioned the City needs to have the name and
phone number of a representative they can_ contact, if
necessary, and if there's. a change in that, please let us know.
George Vick questioned if this is indefinite approval and Mr.
Harthan pointed out they have only a limited number of lots in
Thistle Creek, so when those are built out, they won't need the
signs any longer.
Jim Leonard from Buffington Homes (also building in Thistle
Creek) added their fullest potential is approximately 360 lots
and signs along FM 3009 as well as Dietz Road and Borgfeld Road
are important for their sales market so people can-find Thistle
Creek.
- David Richmond observed that when the building is finished and -
the homes are sold, there will no longer be an interest in
<"; placing .bandit signs. for advertisement.
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Merwin Willman made a motion to approve the request from- U.S.
...Home Corporation for permission to place "bandit" signs along
FM 3009 on weekends with the stipulation they be in accordance:
with the overlay~districtordinance.''`David Richmond seconded
the motion and the vote was unanimous in favor. Motion
carried.
#5 CONSIDER AND .TARE APPROPRIATE.ACTION: Request from
Buffington Homes for Permission to Place
"Bandit" Signs Along FM 3009 on Weekends
Jim Leonard of Buffington Homes was at the meeting to represent
this request.
Taking into consideration all the points discussed regarding
this same request from U.S. Homes, Pia Jarman made a motion to
approve the request from Buffington Homes for permission to
place "bandit" signs along FM 3009 on weekends with the
.stipulation they be in accordance with the overlay ordinance.
Tony Moreno seconded the motion and the vote was unanimous in
favor. Motion carried.
#6 CONSIDER AND TARE APPROPRIATE ACTION: Request from .MBC
Engineers, on Behalf of Anchor International
Inc., for Final Plat Approval of Greenshire
Subdivision Unit 2 (PC #209-94)
Sam Bledsoe and Brad Galo of MBC Engineers were at the meeting
to represent this request.
Chairman Andrews asked for Staff update and Steve Simonson
related this is a straightforward request. They have included
the proper non-access easements we required of them. Ford
Engineering has recommended approval of this plat.
Pia Jarman, referring to the minutes of April 26, 1994,
indicated the Commission had requested MBC Engineers start Unit
2 with Block 1. Sam Bledsoe admitted that's correct and it was
an oversight on their part. Steve Simonson affirmed he also
failed to notice it.
Sam Bledsoe mentioned the possibility of one block overlapping
two units. There was discussion on this with opinions on both
sides -some saying you start the block numbering over in every
new unit and others saying you start with Block l and continue
on from there. After Steve Simonson looked up some previous
plats to see how they had been done and discovered if they are
contiguous the blocks continue on, the decision was to start at
Block 1 and keep going from there.
- Chairman Andrews. asked Sam Bledsoe if there is going to be a
HomeownersAssociation and Mr. Bledsoe replied the Hallmark
Ghormley.Company is.in the process of getting one organized .and
preparing the legal documents. Mr. .Andrews told Mr. Bledsoe
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there needs to be a Homeowners Association statement on the
plat. Since this is the final plat, it needs to be on the
mylar so it can be recorded.
-David Richmond asked, since the current residents of Greenshire
Oaks do not have a Homeowners Association, and given the
covenants that the Homeowners Association for Greenshire -Oaks
is contingent upon a percentage of development of the total. 200 -
acres of Greenshire which was obviously never accomplished,.
will there be an option to join the one being organized for
Greenshire. Chairman Andrews answered it is his understanding
there will be an option. The residents of Greenshire Oaks can
either join as a group, if they elect to do that, or on an
individual basis - it will not be mandatory that they join.
David Richmond then questioned the drainage ditch on Lot 1 that
goes under Greenshire Drive along Green Valley Road and was
told by Sam Bledsoe it is in the right-of-way of Green Valley
Road. Steve Simonson told Mr. Richmond, that as far as the
lots go, you're looking at fence line to fence line on Green
Valley Road.
George Vick brought up the sizes of Lots 4, 10 and 14 thinking
they were not at least 80' wide. He was informed by other
Commissioners that several figures have to be added together
and was assured that the lots in question are at least 80'
wide.
Merwin Willman, mentioning he can see telephone, cable and
sewer line easements on the plat, asked the location of the
water easement. Sam Bledsoe replied the water main is already
there, they are just extending services across. The road will
be bored for every two houses.
David Richmond reported seeing lots of red flags in the area
that were not 80' apart, so he figured they must be something
other than survey flags for lots. Sam Bledsoe, saying he was
not aware of anyone flagging the lots, theorized they must be
markings for sewer lines.
Tony Moreno recalled that on the Dove Meadows plat there was a
diagram to the side showing a typical lot with all the setbacks
and wondered if we can request it on the Greenshire plat.
Steve Simonson informed Mr. Moreno it is not required by
.ordinance they do that, but we can request it if the Commission.
so desires. Steve Simonson told Sam Bledsoe he would show him
.what they're talking about after the meeting.
David Richmond inquired if any thought has been given to the
entryway and was told that will be done in the next unit of
development. Brad Galo said they have set aside $10,000 for
reconstruction of the entryway and he understood 'the homeowners
would join with them and-would try o get,some money from;_ the
State. Mr: Galo asked'if the State gave some money when they
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took down the entryway? Steve Simonson noted the City paid to
have the land purchased which the entryway was located on, but
the landowner got the money. The State was 'going to haul
everything off, so the `'City went in and saved as much as
":possible.
David Richmond reported the residents of Greenshire Oaks have
been trying to get Mark Vaughan to reconstruct the entryway,
but his rationale for not doing it, of course, was that the
widening of FM 3009 is not completed. Mr. Galo indicated
there is going to be a meeting between Mark Vaughan and the
people organizing the Homeowners Association.
Mervin Willman implied that the land along FM 3009 will need to
be rezoned before they can build homes there. Steve Simonson
emphasized, however, that rezoning of the land is not needed
for rebuilding the entryway. Mr. Simonson noted that Sam
Bledsoe is aware of the need to rezone.
Mr. Simonson advised that the Highway Department is leery of
more development along FM 3009 because of the lots on the
northwest side being considerably lower than the road. Mr.
Simonson recognized the fact the developer can't build a fence
that high, so suggested maybe there should be a note on the
plat saying the homeowner is aware that the lot is lower than
the road.
Along this line, David Richmond asked if it begins to dip
before the natural drain area starts and Steve Simonson
responded yes it does, but they can still use quite a bit of
.that lot.
Mervin Willman made a motion to approve the request from MBC
Engineers, on behalf of Anchor International Inc., for final
plat approval. of Greenshire Subdivision Unit 2 contingent on
the Block number being changed to 1 and a Homeowners
Association statement being included on the plat. Tony Moreno
seconded the motion and the vote was unanimous in favor.
Motion carried.
#7 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion Regarding
Letter of Response to Betsy Pond
As decided at the last meeting, Pia Jarman had taken the
.original letter of response to Betsy Pond, written by Mervin
Willman, and refined it a little (copy attached). Mrs. :Jarman
:noted that Mr. Willman disagrees with the last paragraph and
- with the suggestion that Mrs. Pond :contact. the City Panning
Department Staff regarding land development and control: Mr.
Willman feels it puts a further burden on Steve Simonson:
David Richmond commented he liked the letter and thanked Pia
Jarman and' Mervin Willman for their efforts. Mr. -Richmond
felt this version:of_the letter is 'more`sensitive,'shows'"the
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City is appreciative of and interested in citizen input. and
is willing to.listen. `Mr. Richmond 'further stated that unless
Steve -Simonson has objections to the last,paragzaph, he thinks
the: letter should be approped. .
Merwin Willman remarked he was sorry he started. the letter. He
always thought he wrote pretty well and it seems like in this
letter he made a mistake. He knows from experience that people
always rely on someone else rather -than doing things
themselves. Chairman Andrews assured Mr. Willman he had no
reason to apologize - it is a good letter and they're all
learning how to be more receptive to comments from the
citizens.
Since Steve Simonson had no problem with the last paragraph of
the letter, David Richmond made a motion recommending Chairman
Andrews sign the letter, dated May 24, 1994, as written. Tony
Moreno seconded the motion and the consensus of the Commission
was in favor. The letter will be sent to Betsy Pond.
#8 GENERAL DISCUSSION
David Richmond:
(a) Declared he was glad to hear there are plans for an
entryway at Greenshire and asked if the Commission has anything
to say about it. Steve Simonson replied the City doesn't have
anything that specifies they have to put up an entrance sign,
it's just been something developers. do. Mr. Simonson
suggested it would be appropriate for the residents to get
together with the developer to see what he has in mind compared
to what they want.
Chairman Andrews brought up a meeting that was hinted at
between the homeowners, Mark Vaughan and the new developer..
Steve Simonson remarked the same deed restrictions probably
don't apply since Mr. Vaughan doesn't own the land.
Steve Simonson reported that MBC Engineers will be sending a
check to cover the parkland requirements for these 14 .lots, but
they have some qualms about donating 30 plus acres and then
paying $125 per lot in lieu of parkland. They will probably
come in with a request for .some relief and there's .some
validity to that request. Mr. Simonson felt it might behoove
the: current. residents to meet with the new .developer and ask
for a representative on.their behalf.
Mr. Simonson claimed that from a staffing point of view, he's
very worried about the greenbelt .because it is a big
maintenance .problem. The ordinance allows a certain amount of
floodplain to be given, as long as you can get to it by a road,
and:`Mr. Simonson recommended the Commission .read the parkland
ordinance before the next meeting.
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Mr. Richmond thought maybe an alternative to parkland would be
to offer an amenity area and pointed to Olympia as a classic
example of how well it can be done. Along that same line of
thought, Merwin Willman acknowledged the City is going to have
to buy land for parks along FM 3009.
(b) Noticed that the old landfill at FM 3009 and FM 78 is
beginning to look like a new landfill with all the brush being
put on top. Steve Simonson said Alamo Waste is mulching and
chipping trees, but he will tell Henry Gutierrez it looks bad.
(c) Inquired if the concrete ditch along FM 3009 at Oak Forest
is the finished product because debris stays in there after a
rain and it .looks worse than before. Steve Simonson replied it
is not the finished product. When it is completed it will look
much like the ones at Selma and at Olympia Parkway.
Merwin Willman•
(a) Commented on the survey included in the package and asked
what's to become of it. Steve Simonson told Mr. Willman it is
an economic development survey put out by a consulting company
who was hired as the result of a grant. It pertains to the
Randolph Metrocom area and needs to be filled out and returned
by the end of the week.
(b) Reported that at 708 Mitchell they have a new carport and
it appears to be right on the property line. Steve Simonson
said he would have the inspectors check it out.
(c) Stated that on Schertz Parkway, near E. Live Oak Road,
there is a sign that says cleaning up litter along the road is
a project of the Samuel Clemens Student Council. Are they
still involved? Steve Simonson replied they are not and he
will have the sign taken down.
(d) Related that in the Planning Magazine- there is an
interesting article on how to create a subdivision with
character. They propose doing away with and changing the
design of cul-de-sacs and using four-way stops to slow down
traffic. It is an excerpt from the "Rural by Design" book and
maybe we should buy the book even thought it's expensive at
$69.95. Suggested the Commissioners read the article and see
at the next meeting if they want to look further into it and
discuss it. That kind of development would be good for the
Schirmerville area.
'George Vick:
Asked if the inspectors work on Sunday because he had seen
quite a few roofers working on Sunday.. Mr. .Vick was .informed
by Councilman Greenwald that so far 19 citations had been
issued to roofers .who had not gotten permits.
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Councilman Ken Greenwald:
(a) Informed the Commission .that the renaming of that portion
of FM 78, within the Schertz City limits, to John Peterson
Blvd. has been approved by City Council. There were quite. a
few supporters present at the Council meeting.
(b) Referred to an article in the San Antonio Express-News
about federal and state mandates. That portion of the City's
budget spent on mandates is 13~ and that .portion of the
County's budget spent on mandates is 11~. It has gone beyond
anything reasonable and rational.
(c) Mentioned some of the latest pleadings from the Sierra
Club. First, they want to use 1984 as the water usage date.
Second, they feel the Edwards Underground Water District
doesn't have a satisfactory Drought Management Plan.
The current aquifer level is 677 feet. When it reaches 649,
they want water usage cut by 15~, when it reaches 640, they
want water usage cut by 20~, and when it reaches 632, they want
water usage cut by 30~.
Mr. Greenwald commented they have 6 to 7 pages of amended 3`
pleadings. There are 1200 people in the Sierra Club dictating
to 2,000,000 people. The primary consideration should be the
cost and who's going to benefit.
Tony Moreno asked what the mentality is for using the year 1984
and Mr. Greenwald replied he doesn't know.
(d) Reminded everyone to let people know that when they get a
new roof, they need a permit and their roofer needs to be
licensed and bonded. To this Chairman Andrews added that the
roofing contractors are into telemarketing as a means of
getting business.
Chairman Andrews:
(a) Referred to the ordinance where it says an oak tree of a
certain .size cannot be cut down unless the developer has
permission from the Commission. Steve Simonson reminded Mr.
Andrews that's only in the overlay districts and Mr. Andrews
wanted to know why we can't make it the whole City. Councilman
Greenwald stressed you would have to be very careful how that
was written.
Merwin Willman menti`:oned amendment 91-S-10 to the Zoning
Ordinance under Article XXV, Section 4 where it outlines three.
reasons. that allow trees to be removed. Steve Simonson noted
.that conflicts in .some ways with the Site Plan Ordinance., It's
-usually.-a-decision between the owner and the builder..
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(b) Remarked he believes they should select and designate areas
along FM 3009 that are conducive to parkland and recommend they
be purchased by the City for that purpose five years down the
road. Merwin Willman said he doesn't think they can wait that
long.
Steve Simonson:
(a) Showed the Commissioners the FM 78 widening plan and
pointed out a few facts:
1. This is not the final, just the first blush of a
right-of-way map;
2. It is scheduled for construction in 1997 and he feels
the Commission should play a part in designing the entrance
to the City;
3. They need to start thinking about all the business
owners along FM 78 and probably form a committee;
4. Advised the current low-water crossing will not connect
with FM 78 once construction is completed;
5. 1997 is the last chance for funding; and,
6. They should start planting trees now.
(b) Hinted they came close to getting the HEB in 1994, but it
is scheduled for 1995.
~9 ADJOURNMENT
Chairman Andrews adjourned the meeting at 9:05 p.m.
The next regularly scheduled meeting is June 14, 1994.
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U ~ 1400 SCHERTZ PARKWAY
F3S 410
P.O. DRAWER.I ~ _
SCHERTZ, TERA.'t 78154-0880
Rt+ot~ AC (210) 658-7477
FAR (210) 658-3204
May 2A, 1994
Betsy Pond
3013 Bent Tree Dr.
Schertz, TX 78154
Dear Mrs. Pond,
Thank you for writing to us atx~ut your concerns, and that of your neightx~rs, over proposed developments in
Greenshire. We usually receive numerous comments on changes facing established subdivisions. Rarely, however, has
anyone taken the time and thought to send a letter. We applaud the responsible homeowners' efforts to protect the
integrity of an existing yu~ility of life.
We sh<ue your concern for the Greenshire area. We, ux~, rue very fond of the lx;autiful ~uea. Yuu will never know the
heated diuussion we had over the dcveloprnent of Greenshire Oaks, especially the islands in the streets. The points you
have made about the environmental issues, trifiic patterns, and the residents' needs and values, arc the very issues this
Commission delilx:rues on heti>re making any decisions.
"Ilte new phase of development of Greenshire Sutxlivision will probably cause some; inconvenience. It is believed it
will not he any greater than that endured by citizens in other parts of the City when land around them was developed.
What you have written in your letter is true, representing one side of the story, the homeowner's side. As planners we
must look at both sides. the landowners as well ai the citize~ts' side. As a business man and landowner, it is the
owner's right to develop the land in such a way as to m~il:e a profit. As planners for the City. it is our responsibility to
determine if the development is in the best interest of the City ae a whole, if i[ is compatible with our long-range plans
for the City, and what effects it will have on the health, safety and welf~ue of the citizens. Profit by the landowner is
totally sc;condiuy to our considerations.
"Prue, motels and fast food restaurants are moving into our City along 1H-35. We encourage business to move into our
City. Realizing that, we cannot stop them if they conform to our land use ordinances. With the growth of our business
area, property t~ZZ and stiles tut from business will increase. The increituu of property trot anti stiles tut from business
means residential ttzes may not have to tx; increased to cover the cost of administering the City and the services it
provides. =
Over the yetuti, and in accc>rd<tnce with State mandated requirements, we have developed what we believe are strict and
f<vr requirements for the development of land and conswctiun of buildings in our City. Unfortunately, in order to meet
ttte~ needs of an ever-growing ix>pulation, some of the rurtl atmosphere must be sacrificcxi.
Tu better understand what we sue trying to du and undent.md land development in our City, we suggest you contact the
City Planning Department Stiff regarding )<vtd development and control. The controls we have placed upon developers
aril builders for the conservation of trees, control of the tloodplains arxi landscaping are very extensive. We believe
you will be pleasantly sur~riscxi at the controls we have est~zblishcxt. _
Bob Andrews. Chairntan - - .
Planning ~ Zoning Commissiuti - - - -