PZ 09-25-2019 AGENDA with associated documents
MEETING AGENDA
Planning & Zoning Commission
REGULAR SESSION PLANNING & ZONING COMMISSION
September 25, 2019
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thing
Do the best you can
Treat others the way you want to be treated
Work cooperatively as a team
AGENDA
WEDNESDAY, SEPTEMBER 25, 2019 at 6:00 p.m.
1.CALL TO ORDER
2.HEARING OF RESIDENTS
This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person
should fill out the Speaker’s register prior to the meeting. Presentations should be limited to no more than three
(3) minutes. Discussion by the Commission of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of
Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have
registered.
3.CONSENT AGENDA:
A.Minutes for the September 11, 2019 Regular Meeting.
B.PC2019-030 Consider and act upon a request for approval of a final plat for the Woodland Oaks
Business Park North Subdivision, an approximately1.5 acre tract of land generally located at the
intersection of Schertz Parkway and Woodland Oaks Drive, Guadalupe County, Texas.
C.PC2019-031 Consider and act upon a request for approval of a final plat for the Woodland Oaks
Business Park South Subdivision, an approximately 6 acre tract of land generally located at the
intersection of Schertz Parkway and Woodland Oaks Drive, Guadalupe County, Texas.
4.ITEMS FOR INDIVIDUAL CONSIDERATION:
Planning & Zoning September 25, 2019 Page 1 of 2
A.Consider and make a recommendation to City Council regarding an amendment to the Planning
and Zoning Commission Bylaws
5.REQUESTS AND ANNOUNCEMENTS:
A.Requests by Commissioners to place items on a future Planning and Zoning Agenda
B.Announcements by Commissioners
City and community events attended and to be attended
Continuing education events attended and to be attended
C.Announcements by City Staff.
City and community events attended and to be attended.
NEW SITE PLAN APPLICATIONS: There were no new site plan applications
submitted to the Planning and Community Development Department between
September 6, 2019 and September 20, 2019.
6.ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATION
I, Emily Delgado, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official
bulletin boards on this the 20th day of September, 2019 at 2:00 p.m., which is a place readily accessible to the public at all
times and that said notice was posted in accordance with chapter 551, Texas Government Code.
Emily Delgado, Planner
I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission
was removed from the official bulletin board on _____day of _______________, 2019.
_______________title:_____________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available.
If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at
least 24 hours in advance of meeting.
The Planning and Zoning Commission for the City of Schertz reserves the right to adjourn into executive session at any time
during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and presence of any
subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter
551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may
be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of
the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all
elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in
reliance on this opinion.
Planning & Zoning September 25, 2019 Page 2 of 2
PLANNING AND ZONING COMMISSION MEETING: 09/25/2019
Agenda Item 3 A
TO:Planning and Zoning Commission
PREPARED BY:Emily Delgado, Planner
SUBJECT:Minutes for the September 11, 2019 Regular Meeting.
Attachments
Minutes for the September 11, 2019 Regular Meeting
D R A F T
PLANNING AND ZONING MINUTES
September 11, 2019
The Schertz Planning and Zoning Commission convened on September 11, 2019 at 6:00
p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4,
Schertz, Texas.
Present: Chairman Michael Dahle; Vice Chairman Ernie Evans; Commissioner LaDonna Bacon;
Commissioner Richard Braud; Commissioner Ken Greenwald; Commissioner Gordon
Rae; Commissioner Glen Outlaw
Absent: Commissioner Lauren Garrott
City
Staff:
Brian James, Assistant City Manager; Emily Delgado, Planner; Nick Koplyay, Planner;
Tiffany Danhof, Executive Assistant; Daniel Santee, City Attorney
1.CALL TO ORDER
Mr. Dahle called the meeting to order at 6:00 P.M.
2.ELECTION OF PLANNING AND ZONING COMMISSIONER CHAIR
AND VICE CHAIR
Motioned by Commissioner Ken Greenwald to approve the election of
Commissioner Ernie Evans as Vice Chair, seconded by
Commissioner Richard Braud
Vote: 6 - 0 Passed
Other: Vice Chairman Ernie Evans (ABSTAIN)
Motioned by Commissioner Ken Greenwald to approve the election of
Commissioner Michael Dahle as Chairman, seconded by
Commissioner LaDonna Bacon
Vote: 7 - 0 Passed
3.HEARING OF RESIDENTS
3.HEARING OF RESIDENTS
This time is set aside for any person who wishes to address the
Planning and Zoning Commission. Each person should fill out the
Speaker’s register prior to the meeting. Presentations should be limited
to no more than three (3) minutes. Discussion by the Commission of
any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of
existing policy in response to an inquiry, and/or a proposal to place the
item on a future agenda. The presiding officer, during the Hearing of
Residents portion of the agenda, will call on those persons who have
signed up to speak in the order they have registered.
Mark Friesenhan 231 High Creek Rd, New Braunfels, TX 78132- APO
growth and concerns in th ETJ.
4.CONSENT AGENDA:
A.Minutes for the August 28, 2019 Regular Meeting.
Motioned by Commissioner Glen Outlaw to approve the consent
agenda, seconded by Commissioner Ken Greenwald
Vote: 7 - 0 Passed
5.PUBLIC HEARING:
The Planning and Zoning Commission will hold a public hearing related to zone change requests and
replats within this agenda. The public hearing will be opened to receive a report from staff, the
applicant, the adjoining property owners affected by the applicant’s request, and any other interested
persons. Upon completion, the public hearing will be closed. The Commission will discuss and
consider the application, and may request additional information from staff or the applicant, if
required. After deliberation, the Commission is asked to consider and act upon the following requests
and make a recommendation to the City Council if necessary.
A.SUP2019-003 Hold a public hearing, consider and make a
recommendation on a request for a Specific Use Permit to allow a
convenience store with gas pumps on approximately 8.5 acres of land,
more specifically described as the northwest corner of the intersection
between IH-35 and Schwab Road, City of Schertz, Comal County, Texas.
Mr. Dahle opened the public hearing at 6:27 P.M.
No one spoke.
Mr. Dahle closed the public hearing at 6:28 P.M.
There was a brief discussion.
Motioned by Commissioner Richard Braud recommendation of
approval to City Council, seconded by Commissioner Gordon Rae
Vote: 7 - 0 Passed
Motioned by Commissioner Glen Outlaw to amend the
recommendation of approval to include the conditions specified by
City Staff, seconded by Commissioner Gordon Rae
Vote: 7 - 0 Passed
B.ZC2019-003 Hold a public hearing, consider and make a
recommendation on a request to rezone approximately 27 acres of land
from General Business District (GB) and Manufacturing Light District
(M-1) to Planned Development District (PDD), located at 17975 IH-35,
City of Schertz, Guadalupe County, Texas.
Mr. Dahle opened the public hearing at 6:41 P.M.
No one spoke.
Mr. Dahle closed the public hearing at 6:42 P.M.
There was a lengthy discussion.
Motioned by Commissioner Glen Outlaw recommendation of
approval to City Council, seconded by Commissioner Ken Greenwald
Vote: 6 - 1 Passed
NAY: Vice Chairman Ernie Evans
6.ITEMS FOR INDIVIDUAL CONSIDERATION:
A.PC2019-032 Consider and act upon a request for approval of a
preliminary plat of the Blackburn Subdivision, an approximately 3.07
acre tract of land generally located 650 feet southeast of the intersection
of Elbel Road and FM 3009, City of Schertz, Guadalupe County, Texas.
There was a brief discussion.
Motioned by Commissioner Ken Greenwald to approve PC2019-032,
Motioned by Commissioner Ken Greenwald to approve PC2019-032,
seconded by Commissioner Glen Outlaw
Vote: 7 - 0 Passed
7.WORKSHOP AND DISCUSSION:
A.Workshop, Discussion, and Possible Action regarding the Planning and
Zoning Commission Bylaws (Led by Commissioners)
There was a lengthy discussion.
8.REQUESTS AND ANNOUNCEMENTS:
A.Requests by Commissioners to place items on a future Planning and
Zoning Agenda
There were no requests by commissioners.
B.Announcements by Commissioners
City and community events attended and to be attended
Continuing education events attended and to be attended
There were annoucements by commissioners.
C.Announcements by City Staff.
City and community events attended and to be attended.
NEW SITE PLAN APPLICATIONS: The following site plan
applications submitted to the Planning and Community
Development Department between between August 24, 2019 and
September 6, 2019.
Verde Enterprise Business Park Unit 2, Lot 2, Block 9 (17145
IH 35)
Amending Site Plan to modify the building footprint for a
40,659 square foot hotel
There were announcements by City Staff.
9.ADJOURNMENT OF THE REGULAR MEETING
Chairman Mr. Dahle adjourned the regular meeting at 8:12 P.M.
____________________________________
Chairman, Planning and Zoning Commission
______________________________
Recording Secretary, City of Schertz
PLANNING AND ZONING COMMISSION MEETING: 09/25/2019
Agenda Item 3 B
TO:Planning and Zoning Commission
PREPARED
BY:Nick Koplyay, Planner
CASE:PC2019-030
SUBJECT:PC2019-030 Consider and act upon a request for approval of a final plat for the Woodland
Oaks Business Park North Subdivision, an approximately1.5 acre tract of land generally
located at the intersection of Schertz Parkway and Woodland Oaks Drive, Guadalupe
County, Texas.
GENERAL INFORMATION:
Owner/Applicant: Schertz Parkway Real Estate Investments, LLC, Dwayne Hart
Project Engineer: Andrew Belton, Pape-Dawson Engineers
APPLICATION SUBMITTAL DATE:
Date: Application Submittal Type:
July 8, 2019 Original Application
August 22, 2019 Revised Submittal
September 10, 2019 Revised Submittal
September 13, 2019 Revised Submittal
ITEM SUMMARY:
The applicant is proposing to final plat approximately 1.5 acres of land into one (1) commercial lot. The
subject property is zoned General Business District (GB).
GENERAL LOCATION AND SITE DESCRIPTION:
The subject property is currently undeveloped and is generally located at the intersection of Schertz
Parkway and Woodland Oaks Drive.
ACCESS AND CIRCULATION:
The proposed lot has frontage onto Schertz Parkway and Woodland Oaks Drive, and will only be allowed
access onto Woodland Oaks Drive.
TREE MITIGATION AND PRESERVATION:
The applicant is responsible for complying with Unified Development Code Section 21.9.9 Tree
Preservation and Mitigation. The applicant has submitted a tree affidavit which indicates that the site does
contain protected or heritage trees that will be removed with the development of the lot. Any tree
mitigation fees will be assessed with the site plan application currently on file.
PUBLIC SERVICES:
The site is serviced by City of Schertz water, Cibolo Creek Municipal Authority (CCMA), Guadalupe
The site is serviced by City of Schertz water, Cibolo Creek Municipal Authority (CCMA), Guadalupe
Valley Electric Corporation (GVEC), AT&T, Spectrum, and Center Point Energy.
PUBLIC IMPROVEMENTS:
All public improvements required for this subdivision are required to be installed prior to recording of the
final plat per UDC, Section 21.4.15., unless otherwise specified in an approved development agreement.
Water and Sewer: The site will be serviced through an existing City of Schertz 12" water line adjacent to
Woodland Oaks Drive, and a proposed 8" sewer line that will be extended through the proposed
Woodland Oaks Business Park South Subdivision, under Woodland Oaks Drive, and then into the subject
property.
Drainage: The applicant is responsible for all drainage associated with the subject property, and for
compliance with the Storm Water regulations. The City Engineering Department has reviewed and
approved the final drainage report.
Sidewalks, Hike and Bike Trails: Sidewalks along Woodland Oaks and Schertz Parkway are required.
Sidewalks along Schertz Parkway and Woodland Oaks have previously been installed, no destruction of
or damage to the sidewalks shall occur without being repaired / replaced with the development of the
property.
Road Improvements: The subject property is located adjacent to Woodland Oaks Drive, a Residential
Collector class roadway, and Schertz Parkway, a Principal Arterial class roadway. There is no additional
right-of-way required for Woodland Oaks Drive, and an additional 0.026 acres of right-of-way (5' in
depth) is being dedicated for Schertz Parkway.
STAFF ANALYSIS AND RECOMMENDATION:
Planning Department Recommendation
x Approve as submitted
Approve with conditions*
Denial
* While the Commission can impose conditions; conditions should only be imposed to meet requirements
of the UDC.
COMMISSIONERS CRITERIA FOR CONSIDERATION:
The Planning and Zoning Commission is the final approval authority of the proposed final plat. In
considering final action on a final plat, the Commission should consider the criteria within UDC,
Section 21.12.9 D.
Attachments
Aerial Map
Final Plat Exhibit
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NOTED OTHERWISE.2. DATUM IS NAD 83 TEX S. CENTRAL ZONE COORDINATES ARE IN GRID.3. DIMENSIONS SHOWN ARE SURFACE.4. BEARINGS ARE BASED ON GPS OBSERVATIONS.THIS SUBDIVISION PLAT OF WOODLAND OAKS BUSINESS PARK NORTH SU
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BEEN SUBMITTED TO AND APPROVED BY GUADALUPE VALLEY ELECTRICCORPORATION, INC FOR EASEMENTS.__________________________________________________________AGENT FOR GUADALUPE VALLEY ELECTRIC CORPORATION, INC GUADALUPE VALLEY ELECTRIC CORPORATION N
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1. ALL TRACTS ARE SUBJECT TO A 15' ELECTRIC AND COMMUNICATION EASEMEN
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SIDE, FRONT, AND REAR PROPERTY LINES.2. GVEC TO HAVE A 5' WIDE EASEMENT ON ALL ROAD CROSSINGS IN WHI
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COMMUNICATION LINES ARE LOCATED.3. WHERE UNDERGROUND SERVICES ARE UTILIZED GVEC WILL POSSESS
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EASEMENT TO THE SERVICE METER LOCATION. EASEMENT TO FOLLOW SERVIC
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VARY DEPENDING ON LOCATION OF BUILDING OR STRUCTURE.4. EACH LOT IS SUBJECT TO A FLOATING 10' WIDE BY 40' LONG GUY WIRE EA
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LOCATED BY GVEC.5. ALL EXISTING GVEC OVERHEAD LINES POSSESS A 30' CENTERLINE EASEMEN
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OF LINE.6. ALL UTILITY EASEMENTS ARE FOR THE CONSTRUCTION, MAINTENANCE (INC
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LIMITED TO REMOVAL OF TREES AND OTHER OBSTRUCTIONS), READING OF MET
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OF ALL OVERHEAD AND UNDERGROUND UTILITIES.7. ELECTRIC AND COMMUNICATION OVERHANG ONLY EASEMENT BEGINS AT16' A
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SCHERTZ PARKWAY
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PLANNING AND ZONING COMMISSION MEETING: 09/25/2019
Agenda Item 3 C
TO:Planning and Zoning Commission
PREPARED
BY:Nick Koplyay, Planner
CASE:PC2019-031
SUBJECT:PC2019-031 Consider and act upon a request for approval of a final plat for the Woodland
Oaks Business Park South Subdivision, an approximately 6 acre tract of land generally
located at the intersection of Schertz Parkway and Woodland Oaks Drive, Guadalupe
County, Texas.
GENERAL INFORMATION:
Owner/Applicant: Schertz Parkway Real Estate Investments, LLC, Dwayne Hart
Project Engineer: Andrew Belton, Pape-Dawson Engineers
APPLICATION SUBMITTAL DATE:
Date: Application Submittal Type:
July 8, 2019 Original Application
August 22, 2019 Revised Submittal
September 10, 2019 Revised Submittal
September 13, 2019 Revised Submittal
ITEM SUMMARY:
The applicant is proposing to final plat approximately 6 acres of land into three (3) commercial lots; the
proposed subdivision consists of Lot 2, Block 10, a 3.322-acre parcel, Lot 3, Block 10 a 1.230-acre parcel,
and Lot 4, Block 10 a 1.295-acre parcel. The subject property is zoned General Business District (GB).
GENERAL LOCATION AND SITE DESCRIPTION:
The subject property is currently undeveloped and is generally located at the intersection of Schertz
Parkway and Woodland Oaks Drive.
ACCESS AND CIRCULATION:
The proposed lots have frontage onto Woodland Oaks Drive and Schertz Parkway. There is a proposed
25’ access easement in each proposed lot that runs adjacent to Schertz Parkway, ensuring that all lots will
be able to access any future drive approaches onto Schertz Parkway.
TREE MITIGATION AND PRESERVATION:
The applicant is responsible for complying with the Unified Development Code (UDC), Section 21.9.9
Tree Preservation and Mitigation. The applicant has submitted a tree affidavit which indicates that the site
does contain protected or heritage trees that will be removed with the development of the lot. Any tree
mitigation fees due will be accessed with the development of the lot.
PUBLIC SERVICES:
The site is serviced by City of Schertz water, Cibolo Creek Municipal Authority (CCMA), Guadalupe
Valley Electric Corporation (GVEC), AT&T, Spectrum, and Center Point Energy.
PUBLIC IMPROVEMENTS:
All public improvements required for this subdivision are required to be installed prior to recording of the
final plat per UDC, Section 21.4.15., unless otherwise specified in an approved development agreement.
Water and Sewer: The site will be serviced through an existing City of Schertz 12" water line adjacent to
Woodland Oaks Drive, and a proposed 8" sewer line that will be extended through the proposed
Woodland Oaks Business Park South Subdivision from Mesa Verde.
Drainage: The applicant is responsible for all drainage associated with the subject property, and for
compliance with the Storm Water regulations. The City Engineering Department has reviewed and
approved the final drainage report.
Sidewalks, Hike and Bike Trails: Sidewalks along Woodland Oaks and Schertz Parkway are required.
Sidewalks along Schertz Parkway and Woodland Oaks have previously been installed, no destruction of
or damage to the sidewalks shall occur without being repaired / replaced with the development of the
property.
Road Improvements: The subject property is located adjacent to Woodland Oaks Drive, a Residential
Collector class roadway, and Schertz Parkway, a Principal Arterial class roadway. There is no additional
right-of-way required for Woodland Oaks Drive, and an additional 0.026 acres of right-of-way (5' in
depth) is being dedicated for Schertz Parkway.
STAFF ANALYSIS AND RECOMMENDATION:
Planning Department Recommendation
x Approve as submitted
Approve with conditions*
Denial
* While the Commission can impose conditions; conditions should only be imposed to meet requirements
of the UDC.
COMMISSIONERS CRITERIA FOR CONSIDERATION:
The Planning and Zoning Commission is the final approval authority of the proposed final plat. In
considering final action on a final plat, the Commission should consider the criteria within UDC,
Section 21.12.9 D.
Attachments
Aerial Map
Final Plat Exhibit
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4 1 Inch = 150 FeetWOODLAND OAKSBUSINESS PARK SOUTH 0 150 300 450 60075Feet
<all other values>
Highways
Major Roads
Minor Roads
Other Cities
Schertz Gravity
Schertz Pressure
Neighboring Gravity
Private Pressure
200' Buffer
Schertz Municipal Boundary
County Boundaries
U Hydrant
!P Manholes
60' Expansion
60' Proposed
60' Extension
86' Expansion
86' Extension
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120 ' Extension
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Abandoned
Future TxDOT
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Civil Job No. 11660-01
LOCATION MAPMAPSCO MAP GRID: 521B7 & 521C7NOT-TO-SCALE
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STATE OF TEXASCOUNTY OF BEXARI HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BE
E
N
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V
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N
TH
I
S
PLAT TO THE MATTERS OF STREETS, LOTS AND DRAINAGE LAYOUT. TO TH
E
BE
S
T
OF
MY
KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF
TH
E
UN
I
F
I
E
D
DEVELOPMENT CODE, EXCEPT FOR THOSE VARIANCES GRANTED BY
TH
E
CIT
Y
OF
CIBOLO PLANNING AND ZONING COMMISSION.____________________________________________
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LICENSED PROFESSIO
N
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STATE OF TEXASCOUNTY OF BEXARBEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONA
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AP
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A
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_______________________________ KNOWN TO ME TO BE THE PERSON WH
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IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED
TO
ME
TH
A
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HE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THER
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AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SE
A
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OF
OF
F
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E
THIS DAY OF , A.D. 20 .____________________________________________
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NOTARY PUBLIC, BEXAR COUN
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,
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A
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STATE OF TEXASCOUNTY OF BEXARI, THE UNDERSIGNED ____________ , A REGISTERED PROFESSIONAL LAND
S
U
R
V
E
Y
O
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I
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THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORR
E
C
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Y
M
A
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E
UNDER MY SUPERVISION AND IN COMPLIANCE WITH CITY AND STATE SU
R
V
E
Y
REGULATIONS AND LAWS AND MADE ON THE GROUND AND THAT THE
C
O
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N
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R
MONUMENTS WERE PROPERLY PLACED UNDER MY SUPERVISION. ____________________________________________
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REGISTERED PROFESSIONAL LA
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STATE OF TEXASCOUNTY OF BEXARBEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONA
L
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AP
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A
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E
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_______________________________ KNOWN TO ME TO BE THE PERSON WH
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NA
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IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED
TO
ME
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EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THER
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AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SE
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OF
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THIS DAY OF , A.D. 20 .____________________________________________
_
_
_
_
_
_
_
_
_
_
_
_
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_
NOTARY PUBLIC, BEXAR COUN
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2000 NW LOOP 410 SAN ANTONIO, TX 78213 210.375.9000
SAN
AN
TONIO A
US
TIN H
OUSTON FORT WORTH DALLAS
TBPE FIRM REGISTRATION #470 TBPLS FIRM REGISTRATION #10028800
SCHERTZ PKWY WOODLAND
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WOODBRIDGE WAYMASKESITEORGCOFFICIAL RECORDS OFGUADALUPE COUNTY, TEXASEXISTING CONTOURS PLAT RECORDS OFGUADALUPE COUNTY, TEXASGAS, ELECTRIC, TELEPHONEAND CABLE TELEVISIONGETCTV PRGC LEGENDCENTERLINE MESAVERDE1140℄
WOODLAND OAKS BUSINESS PARK SOUTH
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ROWTHIS SUBDIVISION PLAT OF WOODLAND OAKS BUSINESS PARK SOUTH SU
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BEEN SUBMITTED TO AND APPROVED BY GUADALUPE VALLEY ELECTRICCORPORATION, INC FOR EASEMENTS.__________________________________________________________AGENT FOR GUADALUPE VALLEY ELECTRIC CORPORATION, INC GUADALUPE VALLEY ELECTRIC CORPORATION N
O
T
E
S
:
1. ALL TRACTS ARE SUBJECT TO A 15' ELECTRIC AND COMMUNICATION EASEM
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N
T
AL
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N
G
AL
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SIDE, FRONT, AND REAR PROPERTY LINES.2. GVEC TO HAVE A 5' WIDE EASEMENT ON ALL ROAD CROSSINGS IN WHIC
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OR
COMMUNICATION LINES ARE LOCATED.3. WHERE UNDERGROUND SERVICES ARE UTILIZED GVEC WILL POSSESS
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EASEMENT TO THE SERVICE METER LOCATION. EASEMENT TO FOLLOW SERVIC
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VARY DEPENDING ON LOCATION OF BUILDING OR STRUCTURE.4. EACH LOT IS SUBJECT TO A FLOATING 10' WIDE BY 40' LONG GUY WIRE EA
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BE
LOCATED BY GVEC.5. ALL EXISTING GVEC OVERHEAD LINES POSSESS A 30' CENTERLINE EASEMEN
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OF LINE.6. ALL UTILITY EASEMENTS ARE FOR THE CONSTRUCTION, MAINTENANCE (INC
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LIMITED TO REMOVAL OF TREES AND OTHER OBSTRUCTIONS), READING OF MET
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,
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OF ALL OVERHEAD AND UNDERGROUND UTILITIES.7. ELECTRIC AND COMMUNICATION OVERHANG ONLY EASEMENT BEGINS AT16' A
B
O
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G
R
A
D
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.
GENERAL NOTES:1. NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS
A VIO
L
A
T
I
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N
OF
CITY ORDINANCES AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLD
I
N
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OF
UT
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AND PERMITS.2. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48187C0210F, DAT
E
D
11
/
2
/
2
0
0
7
,
IS
LOCATED IN ZONE X AND IS NOT WITHIN THE 100-YEAR FLOODPLAIN.3. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS OR
OT
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IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF OWNER OR OWNE
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AND OR/ASSIGNS PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED BY TH
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.
4. THE SUBDIVISION IS WHOLLY WITHIN THE CITY LIMITS OF THE CITY OF SCHERT
Z
.
5. THERE ARE THREE (3) BUILDABLE LOTS.6. THE SUBDIVISION IS ZONED GB.SURVEYOR'S NOTES:1. PROPERTY CORNERS ARE MONUMENTED WITH CAP OR DISK MARKED "G
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B
B
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"
UN
L
E
S
S
NOTED OTHERWISE.2. DATUM IS NAD 83 TEX S. CENTRAL ZONE COORDINATES ARE IN GRID.3. DIMENSIONS SHOWN ARE SURFACE.4. BEARINGS ARE BASED ON GPS OBSERVATIONS.
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LOCATION MAPMAPSCO MAP GRID: 521B7 & 521C7NOT-TO-SCALE
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STATE OF TEXASCOUNTY OF BEXARI HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BE
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KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF
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_
_
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LICENSED PROFESSIO
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STATE OF TEXASCOUNTY OF BEXARBEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONA
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THIS DAY OF , A.D. 20 .____________________________________________
_
_
_
_
_
_
_
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NOTARY PUBLIC, BEXAR COUN
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STATE OF TEXASCOUNTY OF BEXARI, THE UNDERSIGNED ____________ , A REGISTERED PROFESSIONAL LAND
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THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORR
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UNDER MY SUPERVISION AND IN COMPLIANCE WITH CITY AND STATE SU
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MONUMENTS WERE PROPERLY PLACED UNDER MY SUPERVISION. ____________________________________________
_
_
_
_
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REGISTERED PROFESSIONAL LA
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STATE OF TEXASCOUNTY OF BEXARBEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONA
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_______________________________ KNOWN TO ME TO BE THE PERSON WH
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THIS DAY OF , A.D. 20 .____________________________________________
_
_
_
_
_
_
_
_
_
_
_
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NOTARY PUBLIC, BEXAR COUN
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2000 NW LOOP 410 SAN ANTONIO, TX 78213 210.375.9000
SAN
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TIN H
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TBPE FIRM REGISTRATION #470 TBPLS FIRM REGISTRATION #10028800
SURVEYOR'S NOTES:1. PROPERTY CORNERS ARE MONUMENTED WITH CAP OR DISK MARKED "G
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NOTED OTHERWISE.2. DATUM IS NAD 83 TEX S. CENTRAL ZONE COORDINATES ARE IN GRID.3. DIMENSIONS SHOWN ARE SURFACE.4. BEARINGS ARE BASED ON GPS OBSERVATIONS.SCHERTZ PKWY WOODLAND
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PLANNING AND ZONING COMMISSION MEETING: 09/25/2019
Agenda Item 4 A
TO:Planning and Zoning Commission
PREPARED
BY:Emily Delgado, Planner
SUBJECT:Consider and make a recommendation to City Council regarding an amendment to the
Planning and Zoning Commission Bylaws
BACKGROUND
Based on the discussion held between the Planning and Zoning Commissioners and staff at the September
11, 2019 P&Z Meeting, staff is proposing a change to the P&Z Bylaws in order to have two (2) alternates.
Currently, the P&Z bylaws allow for one (1) alternate. However, due to the House Bill UDC amendments,
and the potential implications if a quorum is not present, the bylaw amendment to allow for two (2)
alternates is appropriate.
There are no additional changes proposed with this bylaw amendment other than to have two (2)
alternates for the Planning and Zoning Commission.
Staff recommends approval of the proposed Planning and Zoning Commission bylaws.
Attachments
Draft Planning & Zoning Commission Bylaws- Alternate Update
Draft Planning and Zoning Commission Bylaws
Section 1 – Purpose
The Planning and Zoning Commission shall:
A. Review and approve or make recommendations on applications as set forth in the City of
Schertz Unified Development Code.
B. Make recommendations regarding the implementation of the City’s Comprehensive Plan.
Section 2 – Membership and Officers
A. The Planning and Zoning Commission shall be composed of seven (7) members and one two
(12) additional members who shall serve as an alternates. The alternates will not be seated
unless one of the regular members is not in attendance at the start of the meeting. If seated,
an alternate shall serve in place of the regular member even if the regular member arrives
late. Four (4) members shall make a quorum.
B. Commissioners shall reside within the corporate limits of the City.
C. Commissioners shall serve two (2) year staggered terms with the terms of 3 Commissioners
and the alternate expiring in odd numbered years and 4 Commissioners expiring in even
numbered years.
D. Terms shall expire on May 31.
E. The Commission shall hold elections for a chair who shall serve as the presiding officer and
vice chair at the first meeting in August of each year. Special elections shall be held as needed
if the chair or vice chair’s membership ends during their term.
Section 3 – Meetings
A. Meetings shall generally be held on the second and fourth Tuesdays of the month. Meetings
will be cancelled if there are no items to be considered. The meeting schedule may be
adjusted to account for holidays.
B. Special meetings may be called as needed.
C. The Commission may establish committees as needed.
D. Meetings shall comply with the Texas Government Code Chapter 551 (Texas Open Meetings
Act).
E. Each meeting shall provide for citizens to be heard generally as per City Council meetings.
CITIZENS’ RIGHTS
1 Addressing the Commission. Any person desiring to address the Commission by oral
communication shall first secure the permission of the presiding officer.
2 Manner of Addressing the Commission – Time Limit. Each person addressing the
Commission shall speak at the podium into the microphone (or at another designated
location), shall give his/her name and address in an audible tone of voice for the record,
and, unless further time is granted by the Commission, shall, subject to Section E4 below,
limit his/her remarks to three (3) minutes or less. All remarks shall be addressed to the
Commission as a body, and not to any individual member thereof. No person, other than
members of the Commission or City staff (when requested by the presiding officer) and
the person having the floor, shall be permitted to enter into any discussion, either directly
or through the members of the Commission, unless requested or approved by the
presiding officer. No questions shall be asked of the Commission members, except
through the presiding officer. Responses to questions may be limited as required by State
law.
3 Personal and Slanderous Remarks. Any person making personal, impertinent, or
slanderous remarks, or who shall become boisterous, either while addressing the
Commission or otherwise while in attendance at a Commission meeting, may be
requested to leave the meeting, if after receiving a warning from the presiding officer a
person persists in disturbing the meeting, and may be removed from the meeting if
necessary for the conduct of the remainder of the meeting.
4 Public Hearings. After being recognized by the presiding officer, interested persons, or
their authorized representatives, may address the Commission with respect to the subject
matter of a public hearing being conducted. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by the
presiding officer, shall be as set forth in Section E2 above) interested persons may speak,
subject to the Commission members’ right to appeal the presiding officer’s ruling
pursuant to Section F6. Subject to modification by the presiding officer, and subject to
the Commission members’ right of appeal pursuant to Section F6, the normal order of a
public hearing is as follows: (i) the opening of the hearing and the establishment, if any,
of a modified public hearing procedure by the presiding officer; (ii) address to the
Commission by any interested person(s); (iii) discussion by the presiding officer and
Commission members, including requests for information from City staff or any person(s)
who addressed the Commission; and (iv) action by the Commission, if any is posted on
the agenda relating to the hearing.
5 Written Communications. Interested persons, or their authorized representatives, may
address the Commission by written communication in regard to any matter concerning
the City’s business or over which the Commission has control at any time by direct mail
or by addressing the City Secretary, who shall, on the request of the writer, distribute
copies to the Commission members.
6 Hearing of Residents. There shall be included on the agenda of each Planning and Zoning
Commission meeting an item labeled “Hearing of Residents”. After being recognized by
the presiding officer, members of the public (giving precedence to residents of the City)
may address the Commission on items on or not on the agenda at that time, providing
they have completed the “Hearing of Residents” form, unless authorized by the presiding
officer. The form shall be made available to persons wishing to address the Commission
prior to the calling of the meeting to order and such completed form shall be made
available to the presiding officer prior to the calling of the meeting to order. The persons
signed up for “Hearing of Residents” must speak during the “Hearing of Residents”
portion of the meeting. Commission members and members of City staff may not discuss
unposted items nor take any action thereon other than to (1) make a statement of factual
information, (2) make a statement of existing City policy, or (3) discuss placing the item
on a future agenda. Persons speaking shall be subject to the time limits set forth in
Section E2, unless otherwise authorized by the presiding officer.
F. Motions and Meeting Procedures are as follows:
1 Motions. A Commission member, after he/she obtains the floor, or the presiding
officer may make a motion on the particular subject of discussion or a procedural
point as permitted. A “Second” to the motion, if required, must be made by a
Commission member who did not make the motion within a reasonable but brief
time period. The presiding officer may not “Second” a motion. A motion or a
“Second” merely implies that the maker of the motion and the person who
“Seconds” agree that the motion should come before the meeting and not that he/she
necessarily favors the motion. Without a “Second”, if required, the motion dies. If
a motion is made to conditionally approve, deny, recommend conditional approval
or recommend denial of an agenda item, the Commission member must also state
the reasons for conditional approval, denial, recommend conditional approval or
recommend denial, and provide a citation to the regulation, ordinance, and / or law
as required by the Unified Development Code.
2 Debate. Debate, if permitted, must be limited to the merits of the issue under
discussion as stated by the presiding officer.
3 Motion Procedures. There are twelve (12) types of motions in three (3) categories:
Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main
Motions (1 type)*. When any motion is pending, any motion listed above it on the
chart below is in order; those below it are out of order.
* Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order,
ABA Publishing, 2nd Edition.
** Mandatory if seconded; no vote required
*** Unless not allowed
Motion
May
Interrupt
Speaker
Second
Required Debatable Amendable
Resolved
by Chair
No Vote
Affirmative
Vote by 4
members
2
2/3
Vote
Meeting Conduct Motions
point of privilege yes no no no yes no no
point of procedure or order yes no no no yes no no
to appeal a ruling no yes yes no no yes no
to recess no yes yes yes no yes no
Disposition Motions
to withdraw yes no no no yes no no
to postpone no yes yes yes no yes no
to refer no yes yes yes no yes no
to amend no yes yes yes no yes no
to limit or close debate or ”call the
question”
no yes yes yes no no yes
to extend debate no yes yes yes no yes no
to count the vote no yes no no no** no no
Main Motions
to reconsider yes yes if original
motion
was
debatable
no no yes no
to rescind no yes yes yes no no yes
to take action no yes yes yes no Yes*** no
4 Point of Privilege. A point of privilege, sometimes called a point of personal
privilege, is a communication from a Commission member to the presiding officer,
drawing urgent attention to a need for personal accommodation. For example, the
point may relate to an inability to see or hear, a matter of comfort, a matter of
requested convenience, or an overlooked right of privilege that should have been
accorded to the Commission member(s). In essence, it is a call to the presiding
officer for the purpose of assuring a Commission member’s convenient and
appropriate participation in the meeting. Because of its urgent nature, a point of
privilege can interrupt a speaker. Because it is addressed to the attention of and
action by the presiding officer, it cannot be debated or amended, and no vote is
required.
5 Point of Procedure or Order. A point of procedure, sometimes called a point of
order, is a question addressed to the presiding officer, no seconding is required, and
either inquiring into the manner of conducting business or raising a question about
the propriety of a particular procedure. It is simply an inquiry and is resolved by
correction or clarification by the presiding officer. A point of procedure can
interrupt a speaker. Because it is addressed to the attention of and action by the
presiding officer, a second is not required, and it cannot be debated or amended,
and no vote is taken.
6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on
questions of procedure, except that any ruling by the presiding officer’s ruling can
be appealed to a vote of the Commission. Whenever a Commission member
questions the appropriateness or essential fairness of the presiding officer, that
member can appeal the ruling to a vote of the meeting. If, however, a motion is out
of order as a matter of law (not a proper subject of the meeting, improper notice
given, etc.), the presiding officer’s ruling cannot be appealed. A motion to appeal
cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The
motion is subject to debate (which should be brief) and, by its nature, is not
amendable. To overrule a procedural decision of the presiding officer, an
affirmative vote of four (4) Commission members is required.
7 To Recess. A motion to recess requests a brief interruption of the meeting’s
business, usually so that an ancillary matter can be addressed, or simply to provide
a needed break. Unless stated in the motion, the period of recess is decided by the
presiding officer. If necessary, a recess can extend the meeting from one day to
another, subject to State law. The motion cannot interrupt a speaker, and a second
is required. It is debatable, it can be amended, and an affirmative vote of four (4)
Commission members is required.
8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It
is essentially a communication to the presiding officer that the maker is
withdrawing his/her proposal. This is the maker’s privilege; thus, it does not
require a second. Because the withdrawal motion obviates discussion, it can
interrupt a speaker. In addition, because another Commission member later can
make a similar motion, a withdrawal motion is not subject to debate, amendment,
or vote. The presiding officer should simply state that the motion is withdrawn,
and the meeting should proceed with a new treatment of the issue at hand—or a
new issue.
9 To Postpone or Extend. These motions may arise from a need for further
information, a matter of convenience, or for any other reason that will enable the
Commission to deal with the issue more effectively during the same meeting or at
a later time. Unless otherwise specifically provided in the motion itself, a
postponed or extension motion can be renewed at a later appropriate time during
the meeting or, if properly posted, at a later meeting. This motion cannot interrupt
a speaker. It requires a second, it is debatable, and it is amendable (particularly as
to postponement, timing), and an affirmative vote of four (4) Commission members
is required.
10 To Refer. A motion to refer is typically used to submit an issue to a committee,
usually for study leading to a subsequent recommendation. Because it ordinarily
disposes the motion for purposes of the current meeting, a motion to refer is subject
to the same rules that apply to a main motion. (See Section F14). This motion
cannot interrupt a speaker, and a second is required. It is debatable and amendable,
and an affirmative vote of four (4) Commission members is required.
11 To Amend. A motion to amend proposes a change in the wording of a motion then
under consideration. When a motion to amend is pending and an amendment to the
amendment is proposed, the presiding officer should focus discussion on the latest
amendment, resolve that question, then proceed to the first amendment before
continuing discussion on the main motion. Votes on amendments are thus in
reverse order of the sequence in which they are proposed. A motion to amend
cannot interrupt a speaker. It requires a second, and it is debatable and amendable.
An affirmative vote of four (4) Commission members is required for approval of
the amendment. Note that State law may restrict amendments to proposals that are
required to be set forth in the notice of the meeting.
12 To Limit or Close Debate or “Call the Question”. Because the extent to which an
issue is discussed rests primarily with discretion of the presiding officer, it is the
presiding officer who carries the burden of ensuring that adequate time and
discussion are given to differing points of view. A motion to limit or close debate
is therefore an overruling of the presiding officer’s determination. A motion to
close debate is the same as a motion to “call the question”. Because this motion
affects the most fundamental right of any Commission member, the right to speak
one’s views, it is the only procedural motion that requires an affirmative vote of
two-thirds of participants voting.
13 To Count the Vote. A motion to count the vote should be limited to those
circumstances where the convenient hearing of “yeas” and “nays” cannot clearly
resolve the issue. It represents the right of a Commission member to have a vote
demonstrated by count. That count can be directed by the presiding officer either
as a showing of hands or a standing of voting members while the vote is recorded.
Upon completion of the count, the presiding officer announces the result—and final
disposition of the issue voted upon. This motion cannot interrupt a speaker. It
requires a second; it is neither debatable nor amendable; and, because of the
importance of the matter, it should be considered mandatory; thus, no vote is
required.
14 Motion to Reconsider. Allows a main motion to be brought back before the
Commission for consideration. May be made only at the meeting at which the vote
to be reconsidered was taken. It may be made by any member of the Commission.
Any Commission member may second it. It can be made while any other question
is pending, even if another member has the floor. It requires a majority vote to
pass. A motion may only be reconsidered twice. If the reconsideration is moved
while another subject is before the Commission, it cannot interrupt the pending
business, but, as soon as the pending business has been disposed of the motion has
the preference over all other main motions and general business of the agenda. In
such a case the presiding officer does not state the question on the reconsideration
until the immediately pending business is completed.
15 Motion to Rescind. The motion to rescind is a main motion without any privilege,
may only be made when there is nothing else before the Commission and must be
made at the same meeting at which the subject matter of the motion was considered,
and it requires a two-thirds vote of the commission members. It cannot be made if
a motion to reconsider has been previously made. The motion to rescind can be
applied to votes on all main motions with the following exceptions: votes cannot
be rescinded after something has been done as a result of that vote that the
Commission cannot undo; or, where a resignation has been acted upon, or one has
been appointed to, or expelled from, a committee or office, and was present or was
officially notified. In the case of expulsion, the only way to reverse the action
afterwards is to restore the person to the committee or office, which requires the
same preliminary steps and vote as is required for the original appointment.
16 To Take Action; Main Motions. Main motions state proposed policy or action on
a substantive issue being considered by the Commission. As such, the motion is an
initial call to take particular action. Although lowest in precedence among all
motions, main motions are clearly the most important: through their content, the
business decisions of the Commission are determined. A main motion can be made
only when a prior main motion has been disposed of. It cannot interrupt a speaker;
a second is required; it is debatable and amendable; and an affirmative vote of four
(4) Commission members is required unless a greater vote is prescribed by the
Charter or State law.
17 Effect of Abstentions; action on required Abstentions; Effect of non-required
Abstentions. The following rules shall apply when a Commission Member abstains
from voting on an item:
a. When the Commission Member is Legally Obligated to Abstain from
Voting.
When a Commission Member is legally obligated to abstain from voting
pursuant to Texas Local Government Code Chapter 171, a local ordinance
or the City Charter then the Commission Member shall leave the dais and
exit City Council Chambers until such time as the debate and vote on the
item has been concluded. Staff shall record that the Commission Member
left the room and abstained from the vote in the official minutes and there
shall be no other effect.
b. When the Commission Member Has No Legal Obligation to Abstain from
Voting.
When a Commission Member has no legal obligation to abstain from
voting, the Commission Member is prohibited from casting a cote of
abstention and must cast an “aye or yes” or “nay or no” vote.