08-28-2001Planning and Zoning Minutes
Tuesday, August 28, 2001
The Schertz Planning and Zoning Commission convened in regular
session on Tuesday, August 28, 2001 at 7:OOpm in the Municipal
Complex Bob Andrews Conference Room, 1400 Schertz Parkway,
Schertz, Texas.
Planning & Zoning Commission Citv Staff
David Richmond, Chairman Ron Youngblood
Keith Van Dine City Planner
Tony Moreno Mary Ybarra
William Sommers Recording Secretary
Ken Greenwald
Joyce Briscoe
Commissioners Absent Others Present
Ernie Evans Larry L. Aiken
Gary Wallace Pulte Homes
Richard E. Rath
4329 Willow Oak
Thaddeous Kelly
4324 Willow Oak
#1 Call to Order:
Chairman Richmond called the meeting to order at 7:OOpm.
#2 Approval of Minutes:
The minutes of the Public Hearing of July 10, 2001, regular session of
July 24, 2001, and August 14, 2001.
Chairman Richmond advised Commission that the minutes were not
available at this time.
#3 Status of Final Plats:
There were none.
#4 BOA Actions: The Board met last Monday, and took action on
one item, which the Board approved. (deck).
#5 Citizen's input other than Agenda Items:
Chairman Richmond asked if anyone came to speak on items other
than the agenda.
Mr. and Mrs. Kelly of 4232 Willow Oak have a concern about a building
project on the property behind their home. Mr. Kelly stated that they
are building a RV storage garage there. The building is going to be a
two-story building (15-foot high) with no windows. Mr. Kelly explained
that when he and his wife moved in about a year and a half ago, they
had to go to the board because the developers had not requested the
right variance on their property. It was supposed to be 20-feet, but is
only about 14-feet making the building behind his property only about
15-feet away from his house. He also stated that after the stop
construction order, the developers were out there still working (some
framing had been changed).
Chairman Richmond asked what Subdivision that was. Mr. Kelly stated
that it is Oak Trails Subdivision.
Ron Youngblood stated that the owner of the property is planning on
building a home there, but first he is building the RV garage. He
acquired a building permit, but once the city started looking into it,
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there was a question on the height restriction. The building permit
was null and void because it violates the UDC. Mr. Youngblood
informed Mr. Kelly that if he sees any building to inform the City and
they would have inspectors go out and take a look.
Mr. Kelly stated that looking at the plans, he noticed a plan for a toilet,
a sink, a shower, and a garage.
Mr. Youngblood informed Mr. Kelly that the plan is for the garage to be
a workshop with storage.
Chairman Richmond felt that Mr. Truitt should do some more
investigation on this matter. He also stated that he doesn't think that
a homeowner should be able to go in and cut whatever trees down
that they wanted.
The Commission did not believe that a property owner could cut down
a tree unless it is in the footprint of the building, but would have to
research the UDC to find out for sure.
The question was brought up that what kind of trees and how many
were taken down.
Mr. Kelly stated that he thought two or three of the trees were Live
Oak, and he also stated that the trees were very large.
Chairman Richmond agreed to look into the matter and find out what
the owner intends to do with the property and whether or not he
should even be building. It was noted that if there is any building
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being done at this time, the City of Schertz should be notified so that
they can take appropriate action.
#6 Consider and take appropriate action: On a request from
Richard Wiseman, 2449 Woodbridge Way for a special exception to the
zoning ordinance to encroach into the 20-foot building setback from
20-feet to 6-feet to construct an arbor.
Chairman Richmond stated that this item was tabled on August 14,
2001, due to lack of wording on the agenda.
William Sommers moved to un-table the request from Richard
Wiseman, 2449 Woodbridge Way for a special exception to the zoning
ordinance to encroach into the 20-foot building setback from 20-feet
to 6-feet to construct an arbor. Tony Moreno seconded the motion.
The motion was carried.
Ron Youngblood stated that some of the confusion last time was that
Mr. Wiseman didn't intend that the request be treated as a master
plan for his back yard. The arbor in question would not be attached to
the house; the arbor would be next to the house. There will be some
clearance between the house; however it will encroach the setback.
Mr. Youngblood stated that there are no utilities affected and that Mr.
Wiseman has approval from his HOA.
Chairman Richmond stated that the only reason that this item was not
approved at the last meeting was because of the additional items that
were not on the agenda.
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With no further discussion, Joyce Briscoe moved to forward with a
recommendation of approval to the BOA the request from Richard
Wiseman, 2449 Woodbridge Way for a special exception to the zoning
ordinance to encroach into the 20-foot building setback from 20-feet
to 6-feet to construct an arbor. Keith Van Dine seconded the motion.
A vote was taken, the motion carried.
Chairman Richmond asked if there was a meeting date set at this time.
Mary Ybarra recording secretary stated that there was no date set up
at this time.
#7 Consider and take appropriate action: Request from Pulte
Homes of Texas, L. P. for a variance to the sign ordinance for Wynn
Brook Subdivision.
Mr. Youngblood explained that the Wynn Brook Subdivision has one
existing sign at the subdivision entrance. The request before the
Commission is for approval to put a sign on FM3009. The authorized
height is 18-feet 7-inches and the requested height is 16-feet, which is
well within the allowed height. The setback on FM3009 is 50-feet and
he is requesting a setback of 20-feet.
Larry Aiken explained that they have a 20x20 foot print on the ground,
and they showed as an exhibit to the ground lease a 16x16 sign.
Larry stated that they are really only asking for an 8x12 foot sign. The
reason for positioning the sign there is, because going towards IH35
there is a large Berm between the parking lot and the roadway. They
are planning on building up the planter box to get it level and then
come up 12-feet. It will be stacked vertically instead of horizontally.
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Larry understands that the permits end when they reach 75%
completion.
William Sommers asked when the road would be finished. Larry
explained that the Telephone Company has stopped them three times.
The first time they were sent clearance letters, to find out that there
were lines buried as shallow as 8-inches below the surface. Once Pulte
went back in and started cutting and cut off phone service to several
hundred people due to the fact that the Phone Company did not lower
the lines enough. The Phone Company is in the process of taking bids
to redo the work.
William Sommers noted some concern about putting the sign there
because of a sign farther down that they are trying to have removed.
Mr. Aiken stated that Pulte already has a sign up on the side of the
road.
David Richmond stated that if there is a sign already there, then it is
an unauthorized sign and needs to be taken down,
Larry stated that he could probably get Pulte to take down the sign
that is already up. He thinks that they would rather have one sign on
FM3009, an entry monument, and bandit signs at the entrance
anyway.
Chairman Richmond said no to the bandit signs. Mr. Aiken then asked
if they could have bandit signs inside the subdivision on the lots.
Commission agreed that For Sale signs on lots would be o.k.
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Mr. Aiken stated that if commission had a problem with the signs, then
Pulte could stay with just one sign.
Chairman Richmond said that would be preferable. With the City
trying to change the sign ordinance, this is a bad time to approve
variances for signs.
Mr. Aiken stated that they are going to begin with 8 specs and 2
models pretty soon.
Chairman Richmond stated that from a marketing standpoint they are
going to want agood-looking entrance and by having a development
sign out on FM3009, the commission would not have to approve a
variance request.
Chairman Richmond asked how big would the sign be. Mr. Aiken stated
that the sign would be 8x12 and that the sign would be vertical.
William Sommers asked if Pulte would be the only ones developing in
the subdivision. Larry stated that Pulte would be the only ones
building in the 275 lots that are 55-feet. Mr. Aiken still has fourteen
and ahalf-acres and at some point will want to develop it. Most likely
after the last phase for Pulte. He would then route his heavy
equipment in through the fourteen and a half acres to keep from
coming through a developed neighborhood. He stated that if there is a
second builder, then they would most likely have to limit their signage
to that area.
William Sommers asked if they are asking for less square footage on
the sign right now, and it is approved, and then they want to come
back and split the signs between two different builders, is that a
second action the commission has to take to increase the size of the
sign.
David Richmond stated that they don't have to increase the size of the
sign, they would just keep adding builders to the existing sign.
Mr. Aiken stated that the fourteen and a half acres is probably going to
be styled as a completely different subdivision because it is heavily
populated with trees. The lots are going to be very large. He stated
that from a marketing standpoint, he doesn't want the fourteen and a
half acres tied to the other subdivision. He also believes that there is
language in the ground lease for one double-sided sign.
David Richmond stated that the sign is good for 75% or 5 years (which
ever comes first) so in the period of time when the sign comes down,
they will be getting ready to start on the fourteen and a half acres.
Then they can come back to the commission and do the same thing for
the fourteen and a half acres.
Mr. Aiken stated that the ground lease is in Pulte's name, so it is
unlikely that they are going to ask him to paint the bottom of the sign
with another builders name.
Chairman Richmond summarized that there would be one development
sign for Wynn Brook, proposal is to put it out on the negotiated lease
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site on FM3009, to be a double-sided 8x12 sign with a height of 16-
feet, and with the variance of 20-feet instead of 50-feet.
William Sommers moved to approve the request from Pulte Homes of
Texas, L. P. for a variance to the one off-premise sign with the fifty foot
setback contingent upon the sign coming down upon 75% build out or
five years (which ever comes first). And that they remove the on-
premise sign (four by four post sign) and that a monument sign be
utilized. Tony Moreno seconded the motion. A vote was taken and the
motion carried.
#8 Items of Commissioner and City Planner:
Ron Youngblood:
1. Discuss and update on sign status of GCP, Jack N Box, and
Schertz Bank & Trust Banner signage.
Ron Youngblood informed the Commission that the GCP sign that was
damaged has been repaired; the Jack N Box sign has been removed,
and the city is still working to remove the Schertz Bank & Trust sign.
Ron also asked that everyone who is going to the APA conference get
there form into Mary no later than September 10tH
David Richmond:
1. Discuss the HOA requirements and Inspection Department
requirements.
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David Richmond explained that the city inspection department only
concerns themselves with city ordinance compliance. They don't take
into consideration the HOA and developer requirements that might
have been placed on properties by developers.
The example David Richmond gave was in the Greenshire subdivision.
They state what kind of fences will be constructed and the height of
the fences to be constructed (6-feet). The fences can either be cedar,
picket, or wrought iron. He continued to explain that even though the
city may give the homeowner a permit to build a 12-foot fence; that
doesn't mean that it is allowed within the HOA. So now the HOA has
to resolve differences with the homeowner who built the fence.
Chairman Richmond then asked anyone if they had any discussions or
statements of facts.
Tony Moreno:
No comments
Keith Van Dine:
No comments
Joyce Briscoe:
• Requested that someone make a statement of fact on the outcome
of Verizon Tower.
David Richmond informed Joyce that the request was approved. The
tower will be similar to the Fort Worth tower except it will have four
pillars instead of three because of the height and weight of the tower.
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William Sommers:
• Requested to put the status of the Walgreen's flashing sign on a
future agenda. The item was added to the September lit"
agenda.
Ken Greenwald:
• Informed the Commission that Thursday night was the official
groundbreaking for the water system project. Ken asked that the
item be put on the next agenda so that he could give a complete
update. It will be added to the September 11t" agenda.
Ron Youngblood:
• Requested that the sign board issue be brought up at the next
meeting (September 11tH)
In a brief discussion it was the Commission consensus to proceed with
the Walgreens sign and laser car wash sign removal. The Commission
asks that all documentation needs to be gathered in which approval
was granted to the point where they exist today.
David Richmond:
• Hoped to have all the pieces together for the sign ordinance
amendment, but couldn't get the entire City of Houston sign
ordinance sent to him for his review. He requested that the
commission hold off until the September 25t" meeting. He has
been in communication with the people of Scenic Texas and they
feel that the sign ordinance is a good benchmark to look at. He also
explained that in his understanding the sign board serves no
purpose other than to determine compensation for sign removal.
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• Informed the commission of an article that was in the Herald
newspaper. The article talked about Cibilo City Council approving
the annexation of two pieces of property near Schertz. Three
tracks near Royal Oaks are going to be extended, right behind
Greenshire; and a master plan was added for the development of
263 estate lots of Deer Creek. David also questioned the status of
Schertz's annexation plan.
• Commented on the KB homes advertisement that has been in the
real estate section of the Sunday paper, and that now that they
have opened Spring Tree in Cibilo, it is now being sited as being in
City of Schertz.
#9 Adjournment: Chairman Richmond adjourned the
meeting at 8:10pm.
Chairman, Planning & Zoning Commission
ATTEST:
Secretary, City of Schertz
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