04-11-2000
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PLANNING & ZONING MINUTES
April 11, 2000
The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday
April 11, 2000, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room,
1400 Schertz Parkway, Schertz, Texas. Those present were as follows:
PLANNING & ZONING COMMISSION
CITY STAFF
Ernie Evans, Chairman
David Richmond, Vice Chairman
Tony Moreno
Keith Van Dine
Gary Wallace
William Sommers
Ken Greenwald, ex-officio
Steve Simonson,
Asst. City Manager/Planning
Coordinator
Mary Ybarra, Planning/
Recording Secretary
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Commissioners Absent
Others Present
Joyce Briscoe (family related)
Don McCrary,
Eddie McNew,
Don McCrary & Assoc.
Milfred Ackerman,
320 Maske
Timothy Pruski,
Continental Homes of Tex.
#1 Call to Order:
Chairman Evans opened the pubic hearing of April 11, 2000 to order.
#2 Public Hearing: To receive citizen input on a request from Oak Venture Ltd.
to rezone 8.851 acres from R-1 (Single Family District -lots 80'x120' to R-6 (Single
Family District -lots 60'x120'). The Oak Trails Subdivision Unit 2, the Janet A. Besch,
. and Jack L. & Kristen Waelti properties bind the property.
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At this time, Chairman Evans stated that the purpose of the public hearing is to take all
comments into consideration in making a recommendation to the City of Schertz City
Council. On behalf of the Commission he thanked the citizens for their concerned
interest and co-operation with the hearing procedures. In order to hear as many
different comments as possible, we request that you do not repeat the same comments
made by a previous citizen. After the public hearing is closed on this issue, no more
comments will be received from the citizens. City Council will schedule a public hearing
and a date and time will be published at a later date.
Chairman Evans at this time opened the floor for anyone wishing to address the
Commission.
Mr. Don McCrary stated that the reason the owner has requested the rezoning is due a
development that is proposed to abut the property line of the project. The builder has
some concern, of placing a more expensive home right up on the property line of a
. smaller lot home. The developer would like to save the zoning for the purpose of having
a buffer between the two. Mr. McCrary stated that a greenbelt is purposed between the
two developments. Mr. McCrary commented that the developer didn't necessarily want
to request the rezoning, however the market indications show this would be necessary
due to the development abutting the property.
Steve Simonson reported that in accordance to the city ordinance three (3) letters were
sent out to property owners within a 200' radius of this property. Of the letters sent none
were received in reply. However, one letter was returned on the Waelti property for an
expired forwarding address, however a telephone number was obtained and a call
placed to the property owner requesting any input, a was message left, but no respond
as of this evening.
Ernie Evans asked that if there were any additional comments, concerns or questions
on this issue, with none voiced, Chairman Evans closed the public hearing.
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#3
Adjournment of Public Hearing:
The public hearing adjourned at 7:05 p.m.
The Schertz Planning and Zoning Commission convened in regular session, after the
Public Hearing. The agenda is as follows:
#4 Call to Order:
Ernie Evans called the regular session of April 11, 2000 to order.
#5 Approval of Minutes:
28,2000.
Regular sessions of March 14, 2000 and March
. Ernie Evans asked that if there were any additions or corrections to the minutes of
March 14,2000.
At this time, a motion was made by Keith Van Dine and seconded by Gary Wallace to
approve the minutes of March 14, 2000 as written. With a vote being called the vote
was as follows:
Ayes: Tony Moreno, Gary Wallace, Keith Van Dine and William Sommers.
Abstention: Ernie Evans and David Richmond.
Ernie Evans asked that if there were any additions or corrections to the minutes of
March 28, 2000.
Ernie Evans reported one correction made to page seven, last paragraph first line; add
the word "time" before the word" development" in that sentence.
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With no other corrections voiced , Tony Moreno made a motion and seconded by Keith
Van Dine to approve the minutes of March 28, 2000 as amended. With a vote being
called, the motion was approved.
#6 Status of Final Plats:
There were none to report.
#7 BOA Actions:
Steve Simonson reported that the Board of Adjustment approved the special exceptions
to the zoning ordinance for the Larry & Elizabeth Mooney, Benchmark Homes and
Highland Homes.
#8 Citizen's Input Other Than Agenda Items:
There were none present.
#9 Consider and Make Recommendation: On a request from Oak Venture
Ltd. to rezone 8.851 acres from R-1 (Single Family District -lots 80'x120' to R-6 (Single
Family District -lots 60'x120'). The Oak Trails Subdivision Unit 2, the Janet A. Besch,
and Jack L. & Kristen Waelti properties bind the property.
Steve Simonson stated that it has been brought to his attention that a bad statement
might have made in regard lot size of the master plan. Steve Simonson stated that he
was under the impression that the master plan included smaller lots toward the back
section of the development and that it had been brought to his attention that the traffic
control study was done only on R-1 and R-2 lots. At this time he asked to be excused in
order to retrieve the master plan and provide the correct information.
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At this time, Chairman Evans stated that no official discussion would take place at this
time.
After a brief review of the master plan, it was decided that the master plan at the time of
approval showed that the master plan indicated, a proposed R-6 rezoning, however the
existing zoning indicated was R-1 for the proposed Unit 3. The number of lots being
proposed for Unit three were 49 lots, 60 x 120 lot size. Steve Simonson stated that the
traffic control study was done on 38 lots and added that eleven more lots wouldn't peak
that much difference.
David Richmond asked that based on earlier comment made by Mr. McCrary in regard
to the reason for the rezoning is it because of what the developer perceives of the
Cibolo development abutting the property.
Don McCrary stated that the developer believes that building a home on a larger lot
. (80x120) that would be adjacent to a smaller lot (60x120) would be difficult t from a
seller's standpoint. Mr. McCrary stated that the Cibolo development rear property line
would abut to the rear property line of unit three.
Gary Wallace stated that as he recalls from the flow of events discussed before the
master plan was submitted; were concerns voiced from Oak Forest residents as to the
amount of traffic that would flow through two streets of the subdivision. These streets
would be used as access to the proposed development of Oak Trails. Gary Wallace
stated that the reason approval was given to the master plan at that time was because it
was submitted based on the existing zoning of R-1. At that time the development
proposed changing the R-1 to R-6 and was told that the Commission would not approve
the zoning based on the fact that it would increase the amount of traffic. If the traffic
study was done based on the R-1 zoning, indicating that would be the way it was to be
zoned and due to the submittal of the master plan showing the existing zoning in place,
the Commission approved the master plan because it showed the existing R-1 zoning. If
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the Commission changes the zoning from R-1 to R-6 at this time, Gary believes it would
be betraying the citizens of Oak Forest.
With no further discussion, a motion was made by Gary Wallace and seconded by
David Richmond to forward the request from Oak Venture Ltd. to rezone 8.851 acres
from R-1 (Single Family District -lots 80'x120' to R-6 (Single Family District -lots
60'x120'), bounded by the Oak Trails Subdivision Unit 2, the Janet A. Besch, and Jack
L. & Kristen Waelti properties to the City Council recommending disapproval. With a
vote being called, the vote was as follows:
Ayes: Ernie Evans, David Richmond, Keith Van Dine, Gary Wallace and William
Sommers.
Abstention: Tony Moreno.
Motion approved.
#10 Consider and Take Appropriate Action: On a request from Don McCrary
. & Associates for final plat approval of Wilson Subdivision.
At this time, Mr. Don McCrary stated that due to problems that have come up the
developer would like to withdraw the request for final plat approval and submit at a later
time.
In brief discussion, the Commission agreed to table the agenda item until such time that
the developer has had an opportunity to discuss and address problem issues with city
staff.
With no further discussion, a motion was made by Keith Van Dine and seconded by
Gary Wallace to table the request submitted by Don McCrary & Associates for final plat
approval of Wilson Subdivision contingent upon city staff working out final details with
appropriate personnel. With a vote being called, the motion was approved.
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#11 Consider and Take Appropriate Action: Request on Bandit Sign
Application from Continental Homes for sign placement on Schertz Parkway.
Steve Simonson stated that the agenda item is another request for bandit sign
placement on Schertz Parkway. The request is made formally on part of Continental
Homes.
Ernie Evans stated that the only difference on the request from the previous requests is
in the sign identification (sign placement, arrows showing direction, etc.). This request is
indicating sign placement between IH35 and Savannah Drive, no signs shown on the
north side of Savannah Dr.
With no further discussion, a motion was made by David Richmond and seconded by
Keith Van Dine to approval the request from Bandit Sign Application from Continental
Homes for sign placement on Schertz Parkway. With a vote being called, the vote was
. as follows:
Ayes: David Richmond, Keith Van Dine, Gary Wallace, Tony Moreno, and William
Sommers.
Opposed: Chairman Ernie Evans.
Motion approved.
#12 Consider and Take Appropriate Action:
Homes of San Antonio, L.P. for preliminary
Subdivision Unit 8.
Request from Continental
plat approval of Carolina Crossing
Steve Simonson stated that the plat submitted has street names indicated, 50-foot
building setback and all other information has been addressed such as; property
owners, drainage channel that would go between unit eight, six and seven. However,
there is one item that the engineer is requesting to be added on the plat. On block 16
between lots 11 & 12, the engineer requests that a utility easement be provided to loop
. the water line out onto Schertz Parkway.
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Ernie Evans stated that not enough detail information has been given on the drainage
issue in terms of the concrete box that is indicated at lot on Schertz Parkway. Mr.
Simonson stated that the width is described on the plat showing the channel with a
variable width, left in natural state. Mr. Simonson stated that the concrete box is
required to carry water. The issue will be addressed in the construction plans and is part
of the construction ordinance. The city engineer addresses these issues; all plats and
construction plans are reviewed at this time.
With no further discussion, a motion was made by Keith Van Dine and seconded by
Tony Moreno to approve the request from Continental Homes of San Antonio, L.P. for
preliminary plat approval of Carolina Crossing Subdivision Unit 8. With a vote being
called, the motion was amended to include the requirement of a utility easement
between lots 11 & 12, block 16. With a vote being called on the amended motion, the
motion was approved.
. #13 General Discussion:
Steve Simonson:
Steve Simonson reported that he would like to receive input from the Commission in
reference to the draft copy of a proposed comprehensive plan for the City of Schertz.
Having reviewed other RFP's for this type of work in the State of Texas, New Mexico
and Oklahoma. The draft is a constellation, which includes what I believe, what is
needed. The draft is mainly for the committee that has started on the original
comprehensive plan work within the City. The draft covers what I believe are main high
lights that are required in our City and also based upon the outcome of the bond issue
and subsequent requirements and subsequent desire of many citizens for additional
recreational areas and the inclusion of greenbelts these issues are included. I believe I
have covered all these issues however, would like to have the Commissions input and if
the Commission so desires to bring this issue back as an agenda item and finalize a
. final document. This final document would have to be reviewed by the City Council and
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if approval were given, the next step would be to go out for bids. Steve added that he
believes the city would benefit from a 10-year plan, instead of a 20-year plan, which he
believes won't do zip for the City. The City is in a major quarter, between two major
quarters and due to the city changing too fast. Steve added that in his opinion a ten-
year time frame with a proviso that the city review every five years should be addressed
and made a living document. Lets get this issue rolling, stated Mr. Simonson.
Mr. Simonson stressed that there are certain issues that would have to be addressed
and whoever is hired as a consultant is going to have to consider that the City is dealing
with three separate entities; IH35 Comal area (industrial, retail), Urban area
(downtown), and Bexar County area (rural).
In brief discussion, it was agreed that the document covers most of the areas that have
been addressed in previous committee meeting and that the Commission should carry
on and make their recommendations to the City Council and get moving on finalizing the
. document. It was agreed to place the document on the agenda at the next scheduled
meeting.
Tonv Moreno:
Tony had no comments.
Keith Van Cine:
Keith reported that a fire hydrant at the corner of IH10 and Shady Acres is leaking and
water is running all over the place.
Gary Wallace:
Gary had no comments.
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William Sommers:
William commented on a need for a traffic control signal at the Antler, Fawn or Oak
Forest area. He added that trying to leave the area around the hour of 7:30 to 8:15 a.m.
is almost impossible.
Mr. Simonson commented that a signal is planned at Savannah Drive, which would
help. However, the area in question will never get a traffic signal, because of not
enough housing in the area.
Ken Greenwald:
Ken had no comments.
David Richmond:
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David reported receiving information from Scenic Texas in Houston; the information
basically details how other cities have done away with billboards. Much of the
information received tells how other cities have established a sign ordinance prohibiting
billboards. David suggested that it is time the City of Schertz become one of the 120
cities that prohibit billboards or off premise signs. David added that Scenic Texas urged
municipalities "to take a first step by enacting a temporary moratorium", while it's
considering adjusting, changing and amending the Unified Development Code (UDC).
David added that he isn't sure what procedure is necessary, however if a
recommendation to City Council is needed he believes the Commission needs to
proceed. Also, the City may have to bring the city attorney into a discussion, if the
Commission agrees to schedule the item as an agenda item. There will be certain
issues that will need to be addressed if we are to proceed. David commented that the
advantage to changing the sign ordinance (off premise signs are illegal) is that the City
not only deals with the effective date of new signs, but also have the opportunity to deal
. with existing signs.
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David mentioned that he was surprised to learn or realize, that there are four states,
Vermont, Alaska, Maine and Hawaii that have banned billboards throughout their states.
David referenced Article IX, 7.6 - Railroad Right-of-way Sign District - Section "E"-
Removal of Signs from District. The section refers to removal of signs at the beginning
of the reconstruction of FM78. Have these advertisers been informed that the signs
have to come down.
Mr. Simonson stated that he would look into it, he recalls a letter was sent, however he
would double check.
David added he believes there are fifteen or twenty signs between FM78 and the
railroad tracks. There is a sign every fifteen or twenty feet and they range from small
too as large as the conference table.
. David also referenced Section 6.6 - Development Signs of Article IX, and mentioned
that the Greenshire sign has raised the ire of a number of Greenshire residents for a
long time, probably because the sign is red. The statement states "ground signs
announcing or describing a legally approved subdivision or land development may be
temporarily erected until the subdivision is seventy-five (75%) percent completed or five
(5) year, whichever is sooner." David commented that the subdivision has been in
existence since 1983, and most close to 75%.
Mr. Simonson stated that what has been used, when subdivision has started, stopped
and started and stopped as Greenshire has, the city has used the 75% rule. All other
subdivisions have made the five- (5) rule without a problem. Steve stated that the 75%
rule is based on the building plans and that 75% of the number of lots with houses have
been met. Steve added that Greenshire is very close to the 75% mark at this time, and
as soon as the percentage is reached you may invoke the rule and ask the city to help.
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At this time, David asked that the billboard issue be an item placed at the next
scheduled meeting and recommend to the City Council that a change to the UDC is
necessary, specifically to Article IX, Sign Standards, with regard to off premise and
billboard signs and establish a moratorium, while making a change to the UDC. Tony
Moreno seconded. The other Commissioners were also in agreement to place the issue
as an agenda item at the next schedule meeting.
Steve Simonson:
Steve reported that the City has purchased four (4) parcels to date out of 20 parcels of
the Lower Seguin Road project. The project is moving along well.
Steve also mentioned that construction has started at the parking lot next to Burch
roofing.
Ernie Evans:
Ernie mentioned that the "Border Town" at IH35 is now open. Ernie also mentioned that
he has a report on the "Light Rail issue" for whoever is interested.
#13 Adjournment:
Keith Van Dine moved to adjourn the meeting. David Richmond seconded the motion.
The meeting adjourned at 8:00 p.m. r
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Chairman, Planning & Zoni~{/commission
ATTEST:
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