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PLANNING & ZONING MINUTES
September 12, 2000
The Schertz Planning and Zoning Commission conducted a Public Hearing on Tuesday
September 12, 2000, at 7:00 p.m. in the Municipal Complex Council Chambers, 1400
Schertz Parkway, Schertz, Texas. Those present were as follows:
PLANNING & ZONING COMMISSION
CITY STAFF
Ernie Evans, Chairman
David Richmond, Vice Chairman
Steve Simonson,
Interim City Manager/
Planning Coordinator
Mary Ybarra, Planning &
Recording Secretary
Joyce Briscoe
Tony Moreno
Keith Van Dine
William Sommers
Ken Greenwald, ex-officio
COMMISSIONERS ABSENT
OTHERS PRESENT
Gary Wallace
Harold Jones,
4200 Spanish Oak Dr.
Mike Domgrad,
1505 Green Valley Rd.
Robert Mayle,
1509 Green Valley Rd.
Joseph Pokitza,
1528 Circle Oak
Cliff Johnson,
Country Village Est.
Staurt Baughn
619 Waelder Trial
Larry Aiken,
Besch Property
Rita Hollingsworth,
1537 Circle Oak Dr.
Ed Stoutart,
Joe L. Carmona,
1035 Central Parkway
David Fleker, ISD
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#1
Call to Order:
Chairman Evans called the public hearing of September 12, 2000 to order at 7:00pm.
#2 Public Hearing: To receive citizen input on a request from Larry Aiken,
(Jonas Woods, Limited) to rezone an existing 85.86 acre tract located north of Green
Valley Road, across from Greenshire from 74.161 acres of R-1, (Residential District-
80'x120' lots) and 11.7 acres of R-4, (Multi-family Apt.) to 71.08 acres of R-5,
(Residential District-50'x100').
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 asked for staff input at this time.
Steve Simonson stated that in accordance with the city ordinance thirty (30) letters were
sent out to property owners within a 200' radius of this property. Of the letters sent out
(1) one was received in favor, (2) two returned, not proper address, and (13) thirteen
were received opposed.
Steve Simonson reported that an agreement on the proposed rehabilitation of Green
Valley Road and drainage structures presented to City Council was reached. The
Commission had requested that the issue of Green Valley Road be resolved before
taking action on the zoning issue, if the issue were to go forward to City Council. The
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agreement would be if the issue goes forward is that the developer would rebuilt Green
Valley Road to 30' in width, construct two - 100 year drainage structures on both sides
of the road rise. The proposed plan is basically the same as what was used for Schertz
Parkway (road would basically have 50' of ROW with bridges built and 42' of road
width). Mr. Simonson added that the existing 30' road would be re-built to city
standards.
Mr. Larry Aiken representing the zoning issue explained in detail how the tract would be
divided into R-1 and R-5. He explained that the intent is to leave the forested area of R-
1, as R-1 estate lots. The remaining area R-5 zoning of 55'x11 0' lots.
Mr. Aiken explained that the R-1 area is heavily forested and the intent is to leave a
large percentage of it greenbelt. This area consists of 14.78 acres and 26 lots are
planned, which approximately is about 13/4 lot per acre. The balance of the tract with
the R-5's (55'x110' lots) with some of these lots abutting greenbelt (tree lines). Mr.
Aiken also mentioned that the subdivision plans for monument entrance signage. Mr.
Aiken reiterated comments made by Mr. Simonson in regard to the drainage structures
planned and further explained that the drainage structures would have vertical head
walls spaced 50' apart. The walls are capable of taking 42' of paving, curb and gutters
for future improvement. Mr. Aiken explained that the drainage improvements and the 30'
of paving, he estimates 65 to 70% of the road improvement would be accomplished in
the first phase.
At this time, Chairman Evans opened the floor for citizen comments and reiterated the
public hearing procedures.
Mr. Harold Jones at 4200 Spanish Oak Drive stated that if 65% of road improvement is
the responsibility of the developer, who is responsible for the rest? Mr. Aiken stated the
rest would be for future expansion of the improvement. The 65% being an interim
improvement that would take care of all the 100-year flood plain issues with the two
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drainage ways. This would bring a preliminary upgrade to Green Valley Road that would
be similar to Schertz Parkway, stated Mr. Aiken.
Mr. Jones stated that he didn't believe the Green Valley Road improvement compared
to Schertz Parkway, and voiced concern to water draining into the Oak Forest
Subdivision from Green Valley Road. Mr. Jones stated that the question of who is
responsible for the improvement balance has not been answered. Mr. Aiken replied
that 65% improvement solves the 1 OO-year flood plain, upgrades the road (30') with new
pavement, which would accommodate the traffic, growth for approximately 10 to 15
years before any additional upgrades of the full 42' road, curb and gutter are necessary.
Mr. Aiken explained that the improvement would accommodate the newer term
requirements with the city and with someone else ultimately taking over the
responsibility of the balance.
Mr. Jones stated that he believes Mr. Aiken should be responsible for a 100 % of the
road improvement. Mr. Jones added that he agrees and disagrees with the concept
however, is not in favor of the zoning change.
Mike Domgard, 1505 Green Valley Road stated that he has concerns in relation to
drainage. He explained that he doesn't want the same problem his neighbor Mr. Mayle
is having with another development that is adjacent to his property. Mr. Domgard
explained that not only is water a problem, but there is debris washing into the Mayle
property. Mr. Domgard voiced concern in regard to water usage, has the city considered
the demand on water, fire, police, etc. with the increased housing? He further stated
that one of the worst things that can happen to city, "is to grow too fast", which actually
chokes a city. Mr. Domgard believes that this type of situation would cause a city to
become a highly transient area, similar to our neighboring cities.
Joseph Poklitza, 1528Circle Oak stated that he believes the R-5 zoning is too tight a
density, and is against the rezoning issue.
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Mr. Robert Mayle, 1509 Green Valley Road stated that he doesn't want to be faced with
another drainage problem, like the one he is facing at this time. He stated that he has
not received any relief from the city or the developer on this problem, and doesn't want
to face another drainage issue with this development. Mr. Mayle commented that he
would like involvement in the discussion stage when these issues are addressed. He
believes the city has a problem with the city engineer, and can not believe that these
drainage plans received approval. He strongly believes that the city engineer isn't doing
a very good job, and suggests getting an outside opinion on drainage issues making
sure the drainage and road upgrade are done properly. Mr. Mayle voiced concern in
regard to the increased housing, and water availability, "Are we going to have enough"?
Chairman Ernie Evans stated that he would respond to some concerns brought up this
evening. In regard to the drainage; there are two bridges planned, and where there
culverts in the road, there will be none. These two areas will be raised out of the 100-
year flood plain.
Mr. Domgrad asked if any type of traffic study had been done; what impact would 360
additional homes do? Ernie Evans advised that to date no study has been done,
because there was been no agreement with City Council. The issue before the
Commission this evening is a zoning issue. However, is a traffic study potentially in the
works, absolutely, now that firm information has been provided, such as width of streets,
etc.? At this time, Mr. Domgrad stated that he is in favor of R-1 zoning and against R-5.
Rita Hollingsworth, 1537 Circle Oak Dr. stated that she believes citizens should be able
to see how traffic flow or traffic patterns are to be laid out. Mrs. Hollingsworth stated
that she believes the traffic study would impact other areas. Mr. Evans explained that
the development plan shows two stub outs into the Cibolo development, which would be
discussed in more detail in the regular session this evening. Mrs. Hollingsworth asked if
the development was going to have any connect into Oak Forest and was advised by
Mr. Aiken that there would not be any connection. Mr. Akin stated that all traffic would
be going out onto Green Valley Road and to the north into the Cibolo development.
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. With no further questions or comments, Chairman Evans closed the public hearing at
7:35 p.m.
#3 Adjournment of Public Hearing:
Chairman Evans adjourned the public hearing at 7:35 p.m.
The Schertz Planning and Zoning Commission convened in a regular session, after the
Pubic Hearing. The agenda is as follows:
#4 Call to Order:
Chairman Evans called the regular meeting of September 12, 2000 to order at 7:35 p.m.
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#5 Approval of Minutes: Regular session of August 8, 2000. The minutes of
August 28, 2000 were not published.
At this time, Chairman Evans called for corrections or changes to said meeting of
August 8,2000. With none voiced, David Richmond moved to approve the minutes of
August 8, 2000 as written. William Sommers seconded the motion. With a vote being
called, the vote was as follows:
Ayes: Ernie Evans, David Richmond, Tony Moreno, and William Sommers.
Abstention: Joyce Briscoe.
Motion carries.
#6 Status of Final Plats:
There was no report.
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#7 BOA Actions:
Joyce Briscoe reported that the Board of Adjustment denied both variance requests by
Highland Homes Woodbridge Subdivision. Joyce Briscoe conveyed that the Board felt
very strongly that developers are fully aware at the platting and master plan submittal of
the city requirements and shouldn't request variances.
#8 Citizen's Input Other Than Agenda Items:
There were none.
#9 Consider and Make Recommendation: On a request from Larry Aiken,
(Jonas Woods, Limited) to rezone an existing 85.86 acre tract located north of Green
Valley Road, across from Greenshire from 74.161 acres of R-1, (Residential District-
80'x120' lots) and 11.7 acres of R-4, (Multi-family Apt.) to 71.08 acres of R-5,
(Residential District-50'x100').
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Chairman Evans asked for staff input and was advised by Steve Simonson that there
were no additional comments.
At this time, Chairman Evans asked for questions or additional comments from the
Commission.
Joyce Briscoe asked what is the number of units proposed for the R-5 development and
was advised by Mr. Aiken that there were 323 units, somewhere in the price range of
$140 to $160 thousand or possibly $150 to $180 thousand.
David Richmond stated that the master plan shows a count of 322 units and asked for
clarification. Mr. Aiken stated that possibly the development would pick up one more lot,
however wasn't absolutely positive, the count could be 322 or 323 units.
At this time, David Richmond stated that he would give a brief history on the
. development of the Besch property. He mentioned that in no way is it to suggest that he
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is defending the current developer. He disclosed that this Commission within the last ten
years has seen several attempts as many as seven trying to develop this property.
David stated that one concern that has faced the Planning Commission is in trying to do
what is right and these are concerns that fall on the Commission when issues are made
by developers; such as traffic, growing to fast, water usage and total infrastructure
issues. David added that he believes that the Commission over the last ten years has
been very conscious of these concerns. However, believes that everyone that owns
land has every right to sell and expect to put it up for development, if that's what the
property owner chooses.
David Richmond explained that this particular property over the last ten years has been
very difficult to sell or develop by the owner. The principal reason being that the
Planning and Zoning Commission has been very concerned with the future of Green
Valley Road. David explained that before any of the existing development surrounding
Green Valley Road existed, the Commissions first concern was, what is going to
happen to Green Valley Road if more traffic is placed on the road? David mentioned
that approximately five years ago, city engineer conducted a study that indicated that to
fully develop the road to meet city standards it would cost approximately a million
dollars. David added that it is very difficult to place this type of cost burden on a single
developer and expect the property to be developed. David explained that the
Commission has tried to encourage developers along FM3009, that in order to utilize
the roadway the city would expect the developer to bare some of the cost for upgrading
the roadway. However, the effect has been a disadvantage from the city's standpoint,
because developers have chosen not to use the roadway and no payment for
improvements are incurred.
David Richmond stated that personally he believes that Mr. Aiken has made an
excellent attempt to present a proposal to address the upgrading of Green Valley Road.
David added that in the years as sitting as a Commissioner, this is the first time a
developer has attempted to deal with Green Valley Road.
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David Richmond stated that personally he believes that no one should be denied the
opportunity to sell land to a developer who will try to develop the property and basically
this is what has happened to this particular piece of property (Besch). David also
mentioned that one of the concerns mentioned earlier, which had to do with the city's
water source. He believes the City of Schertz council has been visionary in taking steps
to insure that the city has a secondary water source available, to meet the growth for
the next 20 to 25 years. In conclusion, David believes that the citizens as well as the
City have taken measures from water and an infrastructure standpoint to deal with this
type of growth.
Ernie Evans asked if there were any new developments with acquiring stub out to the
development in Cibolo and was advised by Mr. Aiken that at this time the details are
being worked out. This would allow traffic to flow onto the Wiederstein Parkway in
Cibolo. Mr. Aiken explained that he is also working on drainage issues that effect the
development from the Cibolo development. He explained that drainage structures
planned would build Green Valley Road up out of the 100 flood plain before paving any
of the road. Thus 100% of the drainage problem would be fixed in addition to the 30'
road and 42' of paving.
Ernie Evans asked if there were any agreements from the developer Mr. Dym, in regard
to the stub outs and was advised by Mr. Aiken that at this time there is nothing in
writing, however the plans are being worked out by both engineers.
Ernie Evans asked that Mr. Greenwald give a report on what City Council was
presented and what the Council is prepared to accept in terms of recommendations on
Mr. Aiken proposal for the upgrade of Green Valley Road.
Mr. Greenwald explained that Council has agreed to accept the reconstruction of Green
Valley Road adjacent to the Besch property to FM3009. 30 feet paved, drainage
structures constructed to the 100 year flood plain requirement, and wide enough to
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cover the 42' paving. Mr. Greenwald added that the attorneys are working on the
agreement and at this time its in preliminary stage.
William Sommers asked that would the development of the road begin? Would the road
come first or would construction of the development? Mr. Aiken explained that they
don't want heavy equipment on the new road and construction will be timed however,
there will be some re-routing along Green Valley Road. Mr. Aiken explained that once
all heavy equipment is on site it would stay and there wouldn't be any movement of
equipment along roadways.
Joyce Briscoe asked that if a decision had been reached on who the builder would be
for the development and was advised by Mr. Akin that at this time no one builder has
been agreed on.
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David Richmond asked for clarification on lot size in regard to the R-5. The agenda
states lot size of 50' x 100', however Mr. Aiken has stated that the lot size are to be 55'
x 110'. Should the Commission forward their recommendation to City Council to reflect
the lot size of 55'x11 O'?
Mr. Simonson stated that the agenda is correct, the agenda reflects what the zoning is
at this time, however, the Commission if it so desires may forward to the City Council
with a recommendation of approval of 55'x110' for the R-5 zoning. Mr. Aiken has
assured the Commission that 55' x11 0' is what he plans for the development, stated Mr.
Simonson. Mr. Simonson stated that if approval were given by City Council, the
ordinance would reflect the size of 55' x 110' lots for the R-5 zoning.
At this time, Ernie Evans asked if there were any comments or questions from the
Commission.
With none voiced, Tony Moreno moved to forward to the City Council the request from
. Larry Aiken, (Jonas Woods, Limited) to rezone an existing 85.86 acre tract located north
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of Green Valley Road, across from Greenshire Subdivision from 74.161 acres of R-1,
(Residential District-80'x120' lots) and 11.7 acres of R-4, (Multi-family Apt.) to 71.08
acres of R-5, (Residential District-55'x110') with a recommendation of approval. David
Richmond seconded the motion. With a vote being called, the motion was approved.
#10 Consider and Take Appropriate Action: On a request from Larry L. Aiken
for Master Plan and Proposed Tree Mitigation Plan Approval of Besch Property on
Green Valley Road.
Ernie Evans stated that the agenda item was tabled at the 5-23-200 meeting and before
any discussion must be taken off the table.
At this time, William Sommers moved to take off the table agenda item #10. Tony
Moreno seconded the motion. With a vote being called, the motion was approved.
Mr. Simonson stated that the master plan has already been approved under PC#463-
00, and is requesting that PC#453-00 be denied. Staff inadvertently used two different
PC#. The master plan under PC#453-00 had been tabled and must be on the agenda
so the item may be taken off the table.
With no further discussion, William Sommers moved to deny the request from Larry L.
Aiken for Master Plan and Proposed Tree Mitigation Plan Approval of Besch Property
on Green Valley Road PC#453-00. Tony Moreno seconded the motion. With a vote
being called, the motion was approved.
#11 Consider and Make Recommendation: On a request from Benchmark
Homes (4316 Golden Oak, lot 4, block 2) for a Special Exception to the Zoning
Ordinance for a side yard setback from 7.5' to l' for construction of home.
Steve Simonson stated that the request amounts to a 5" and 6" reduction of the side
yard setback from 1'.5" to 1'.0" as shown in the diagram. Also part of the packet is the
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approval from the Homeowners Association. Steve Simonson mentioned that the
reduction would still leave a minimum of 15' separation between homes.
With no further discussion, Keith Van Dine moved to forward to the Board of Adjustment
the request from Benchmark Homes (4316 Golden Oak, lot 4, block 2) for a Special
Exception to the Zoning Ordinance for a side yard setback from 7.5' to 7' for
construction of home. Joyce Briscoe seconded the motion. With a vote being called, the
motion was approved.
#12 Consider and Take Appropriate Action: On a request from Pulte Homes
of Texas for a variance to the sign ordinance to allow placement of signage along
Arroyo Verde, Arroyo Verde Subdivision.
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Steve Simonson stated that the request before the Commission is for 3- three additional
signs along the greenbelt inside the subdivision. These signs would not be on FM3009
and would not be visible. Steve added that these 3-signs would offer additional
information than what the existing development sign on the premises.
David Richmond stated that he believes there is no need for additional signage whether
it's inside the property or not. David added that he believes the existing development
sign could easily incorporate the additional information or the information could also be
incorporated on the signage at the model home. David believes that allowing the
variance would open the door to other developers asking for the same allowance. The
Commission has been very adamant in the restriction of development signs, and would
encourage the Commission not to support the variance.
Keith Van Dine commented that he too agrees with David, and believes that it would
open the door to other developers requesting this type of variances.
With no further discussion, Keith Van Dine moved to disapprove the request from Pulte
. Homes of Texas for a variance to the sign ordinance to allow placement of signage
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along Arroyo Verde, Arroyo Verde Subdivision. Joyce Briscoe seconded the motion.
With a vote being called, the motion was approved.
#13 Consider and Make Recommendation: On a request from Annie F.
Adams/Faye B. McCuistion for a Specific Use Permit of approximately 27.87 acres
adjacent to the GVEC power station on Elbel Road and located from Elbel to the
Railroad at FM78 to allow Athletic facility use by the Schertz-Cibolo-Universal City ISD.
Steve Simonson stated the school district wishes to purchase the McCuistion property
to develop for additional recreational facilities. The owner of the property (McCuistion
family) has submitted the request, as it is required. However, I would ask that in making
a motion if it were forward to the City Council that it would be with a clear understanding
that the request is for the Schertz Cibolo Universal City ISD. The school would be the
one using the property if the specific use permit were approved. Mr. Simonson
explained that the in past this type of request has been granted when property owner
requests on behalf of the developer and would be restricted to the development (SCUC
ISD). Mr. Simonson stated that the property runs from Elbel Road to the Union Pacific
railroad, which is adjacent FM78. Steve Simonson added that there are two roads that
stub out from The Village, Unit 3, that are behind Handy Andy grocery store, and would
recommend that one of these roads (30' residential street) be blocked off. The road
Curtiss Street which is (collector road) 42' wide be left open, however recommends the
school place a gate, and the street would be used only under special circumstances.
The main road onto the facility would be Elbel Road, and Curtiss Street is necessary
could be used.
Mr. Simonson explained that there is a drainage issue that will have to be addressed;
because of a drainage channel that would have to be crossed, however this will be
looked at in the site plan submittal. Mr. Simonson stated that more than likely the
request would be for a 25-year bridge, which will pass about 99% of the water under the
bridge.
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David Richmond asked if there was a requirement at the railroad end track of the
property such as a protector fence and was advised Mr. Simonson that it would be a
good idea to berm the area. However, this is an item addressed at the platting and site
plan submittal.
At this time, Ernie Evans asked if the owners (Adams/McCuistion) were present and
was advised by Mr. Simonson that David Fleker representing the ISD was present.
With no further discussion, David Richmond moved to approve the request from Annie
F. Adams/Faye B. McCuistion current owners on behalf of SCUC ISD for a Specific Use
Permit of approximately 27.87 acres adjacent to the GVEC power station on Elbel Road
and located from Elbel to the Railroad at FM78 to allow Athletic facility use by the
Schertz-Cibolo-Universal City ISD with a recommendation of approval to the Schertz
City Council. Tony Moreno seconded the motion. With a vote being called, the motion
was approved.
#14 Consider and Make Recommendation: On a request from MBC
Engineers to rezone approximately 46.014 acres located on FM 3009 at Elbel and
FM78 from: Tract I, 4.596 acres (R-1, Single Family Residential-80'x120' lots) Tract II,
15.33 acres & Tract III, 26.385 acres (R-2, Single Family Residential-70'x120' lots) to
Tract I, 4.596 acres & Tract II, 15.33 acres (GB-General Business) and Tract III, 26.385
acres (R-4, Multi-Family Apt.)
Steve Simonson stated that it was his understanding the property has been purchased
by the development however is not certain. At this time, Joe Carmona representative
stated that this is a true statement.
Steve Simonson explained that basically the property purchased is the remainder of
property from Greenfield Village to the railroad tracks along FM3009 on the west. The
property is across the street from the Shell station on FM3009 and adjacent to the
Guadalupe County offices. Steve explained that tract one is property from Greenfield
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Village to Elbel Road, tract two is the property from Elbel Road to the drainage channel,
which the request is for General Business and the remainder is the tract three, which
the request is for R-4, multi-family.
David Richmond stated that he believes it's appropriate to consider a request to change
zoning of tracts from residential to commercial, however given that the existing general
business zoning along FM 3009 has changed to neighborhood services, he believes the
Commission should consider neighborhood services instead of general business. He
believes general business is far reaching and incorporates a lot of potential
opportunities for development that are inappropriate along FM3009. David stated that
for this reason, he would support changing tract one and tract two too neighborhood
services (NS) because of the existing surrounding zoning of (NS). Another concern
stated David would be for the specific request to change tract three to multi-family, R-4.
David added that he isn't sure this is the proper location for this type of zoning. He
personally doesn't want to see an apartment complex being placed against a railroad
track, which is the main line railroad that has a lot of freight traffic in addition to the loud
noise of a whistle. David believes other concerns such as track derailments, potential
spills are sufficient enough to be of concern for proposing residential development in
this area.
William Sommers asked who owns the property? Ernie Evans stated that he believes
MBC Engineers is the owner.
Joe Carmona stated that MBC engineers are representatives for the owner, however
could not say who is the owner, he was not given the information.
Joyce Briscoe stated that as a Greenfield Village resident she has concern that general
business zoning is very inappropriate next to a residential area.
At this time, William Sommers moved to table the request from MBC Engineers, agenda
#14, until such time that the owner is identified. Joyce Briscoe seconded the motion.
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. Before a vote was called, Mr. Simonson stated that the owner is listed on the application
req uest.
At this time, Chairman Evans stated that with the clarification noted, there still is a
motion on the floor, and called for a vote. The vote was as follows:
Ayes: William Sommers and Joyce Briscoe.
Opposed: Keith Van Dine, Tony Moreno, Ernie Evans and David Richmond.
Motion was disapproved.
Chairman Evans stated that with the vote taken the Commission is prepared to discuss
the preliminary plat at this time.
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David Richmond asked the representative from MBC engineers if he was prepared to
discuss the owner plans for the development of the three tracts. Mr. Carmona stated he
can show plans that have been provided by the architect indicating the plan for the
development.
At this time, Mr. Carmona and Mr. Simonson explained and presented plans that
indicate two small strip centers on property adjacent the County buildings and the
property that is adjacent to Greenfield Village. The property from the corner of Elbel
Road along FM 3009 is to have a large series of developments. The remainder of the
property is shown with R-4 type of development. Mr. Simonson stated that this is a
preliminary plan and at least two of the areas have not changed since the original
owners presented their plans. Mr. Simonson stated that the strip centers are basically a
neighborhood service type of development, not an open type that would fall under
general business. Mr. Carmona explained that a lot of the area adjacent the railroad
track would be left greenbelt, with possibility of a wall, etc.
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Ernie Evans asked if there would be a problem submitting the request as NS
. (Neighborhood Services) instead of the initial GB request and was advised by Mr.
Carmona that he wasn't at liberty to authorize such a change.
At this time, Mr. Simonson commented that all the Commission would be doing this
evening is setting a public hearing for this issue.
Ernie Evans stated that if the public hearing were set as the agenda reads, the public
hearing would reflect the zoning as GB (General Business), and not NS (Neighborhood
Services). Mr. Simonson stated that the statement is correct however, the Commission
has voiced their concern in the change of the GB zoning. The motion this evening would
reflect the concerns of the Commission and if the Commission desires may make a
motion to set the public hearing with the change of GB to NS.
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At this time, Joyce Briscoe moved to deny the request from MBC Engineers to rezone
approximately 46.014 acres located on FM 3009 at Elbel and FM78 from: Tract I, 4.596
acres (R-1, Single Family Residential-80'x120' lots) Tract II, 15.33 acres & Tract III,
26.385 acres (R-2, Single Family Residential-70'x120' lots) to Tract I, 4.596 acres &
Tract II, 15.33 acres (GB-General Business) and Tract III, 26.385 acres (R-4, Multi-
Family Apt.) until the owner changes the GB tracts to NS.
At this time, Steve Simonson reminded the Commission that the ordinance states that if
the Planning and Zoning denies a request, it can not be submitted again until six
months. Steve suggested that the Commission could table the request, giving the owner
the opportunity to amend the request, knowing the Commissions concerns voiced this
evening.
Chairman Evans stated that there is a motion on the floor and asked if there was a
second to the motion, with none voiced the motion died.
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At this time, Keith Van Dine moved to table agenda item #14 until such time that the
owner is notified of the Commissions concerns in regard to change of GB zoning to
Neighborhood Services. Tony Moreno seconded the motion. With a vote being called,
the vote was as follows:
Ayes: Keith Van Dine, Tony Moreno, William Sommers and David Richmond.
Opposed: Joyce Briscoe.
Motion approved.
#15 Consider and Take Appropriate Action: Request from Tri-County
Business & Industrial Park, Ltd. for Final Vacate/Replat approval of EmbreylTri-County
Business Center Unit 1.
Steve Simonson stated no corrections are necessary, the preliminary was correct and
recommends approval.
With no further discussion, Keith Van Dine moved to approve the request from Tri-
County Business & Industrial Park, Ltd. for Final Vacate/Replat approval of EmbreylTri-
County Business Center Unit 1. Joyce Briscoe seconded the motion. With a vote being
called, the motion was approved.
#16 Consider and Take Appropriate Action: Request from Clifford Johnson for
Final Plat approval of Country Village Estates Subdivision on FM 1518 to include
variances to waive sidewalk requirement and request of single entrance driveway from
FM1518 into the subdivision.
Steve Simonson stated that the City of Schertz Public Works and the City Engineer
have worked out all the kinks, Mr. Johnson and the project engineer. Steve stated that
the request is for two variances, no sidewalk and single entrance into the subdivision.
Steve added that because of the width of the single entrance, neither police nor fire
departments had a problem with the single entrance, with the number of lots shown and
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the disbursement of the property. However, in the motion both variances would have to
been approved, as part of the subdivision requirement.
Ernie Evans asked if the flood plain statement is indicated on the plat and was advised
by Steve Simonson that the statement is part of the plat.
Ernie Evans asked what about the parkland issue? Mr. Clifford Johnson explained that
the retention ponds are to be fishing areas. The drainage easement of approximately 3
acres, toward FM1518 is to be used as a park area. Ernie Evans was also advised by
Mr. Moran that there is going to be construction of a pond on lot 22.
Ernie Evans commented that he assumes the lot 22, (park area) should be made
permanent and part of the plat, just as the dedication of lot 50 as a drainage easement
and park area.
Steve Simonson stated that in order for this to be final plat approval, it would have to
include both statements reflecting lot 22, and lot 50, or have the plat submitted again, or
receive corrected mylars at the time of recordation.
With no further discussion, Tony Moreno moved to approve the request from Clifford
Johnson for Final Plat approval of Country Village Estates Subdivision on FM 1518 to
include variances to waive sidewalk requirement and request of single entrance
driveway from FM1518 into the subdivision pending corrections of the final mylars to
include the provision that in lieu of parkland, show lot 50 as drainage easement and
park area dedicated to the city, and lot 22 designated as a retention pond lot. Keith Van
Dine seconded the motion. With a vote being called, the motion was approved.
#17 Consider and Make Recommendation:
Commissioners and election of new officers;
On the re-appointment of
1.
Joyce Briscoe -2 year term
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2.
3.
4.
Chairman Ernest Evans, Jr. -2 year term (officer)
Tony Moreno - 2 year term
Secretary, Keith Van Dine - 2 year term (officer)
Chairman Evans explained that four Commissioners are up for reappointment to serve
on the Commission. Those Commissioners are, Joyce Briscoe, Ernie Evans, Tony
Moreno and Keith Van Dine, and these recommendations are to go the City Council.
The second part of the agenda item is the re-election of new officers.
The first item for discussion, stated Chairman Evans is the re-appointment of
Commissioners. Of the four Commissioners up for re-appointment, is there anyone not
wishing to continue as serving?
With no further discussion, David Richmond moved to approve and recommend to City
Council the following Commissioners for two-year terms, Joyce Briscoe, Ernie Evans,
Tony Moreno and Keith Van Dine. William Sommers seconded the motion. With a vote
being called, the motion was approved.
The second issue is the election of new officers, stated Chairman Evans. The officers
are up for election in October. The officers consist of Chairman, Vice Chairman and
Secretary. Ernie asked if there were any nominations for officers.
At this time, Keith Van Dine suggested that the nominations of officers be made after
City Council has received the Commissions recommendation for the Commissioners re-
appointment of two-year terms.
Ernie Evans stated that the Commission could start the nomination process and amend
any change if the two-year terms were not accepted by City Council.
At this time, Ernie Evans stated that he would like to nominate the Vice Chair, David
Richmond for the position of Chairman. Tony Moreno seconded the motion. With no
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other nominations voiced, David Richmond stated he would be willing to serve and
informed the Commission that if he were appointment he would be gone the whole
month of October. With a second from Tony Moreno on the floor, the Commission voted
to appoint David Richmond as chairman.
Ernie Evans asked if there was a nomination for vice chair? At this time, David
Richmond stated that Chairman Evans has done a great job as chairman and have
worked great together and would like to nominate Ernie Evans as vice chair. With no
other nominations voiced, the Commission appointed Ernie Evans as vice chair.
Ernie Evans asked for nominations for Secretary? Joyce Briscoe stated that she would
like to nominate Keith Van Dine. With no other nominations, the Commission appointed
Keith Van Dine as Secretary.
#18 Consider and Take Appropriate Action:
meeting.
Rescheduling of Oct. 24, 2000
Ernie Evans stated that the Business Appreciation Dinner is scheduled for the same day
as our scheduled meeting date. Would the Commission like to re-schedule the meeting
for Thursday, the 26th as it was done last year?
With no further discussion, Keith Van Dine moved to re-schedule the meeting of the 24th
to Thursday the 26th. David Richmond seconded the motion. With a vote being called,
the motion was approved.
#19 General Discussion:
William Sommers:
William had no comments.
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Tonv Moreno:
Tony had no comments.
David Richmond:
David requested that on item #14 and the letter to MBC engineers that you express the
Commission concerns of the location of the apartment complex being adjacent to the
railroad tracks.
Keith Van Dine:
Keith commented that he agreed with David's comment and mentioned that the
apartment complex would have a problem renting.
Jovce Briscoe:
Joyce commented that it is her understanding that the State of Texas does not allow
bandit signs on the ROW. If this is so how does Schertz allow the placement of bandit
signs?
Steve Simonson stated that the State does not allow this type of signage and can pick
them up any time they want. The City of Schertz was the first to establish a bandit sign
ordinance. The State has looked the other way, as long as the signs are out of the way,
when they are mowing or come through they have allowed these signs.
Ken Greenwald:
Ken had no comments.
Steve Simonson:
Steve reported that for those who knew Merwin Willman, he will be leaving the City of
Thursday. He will be moving by one of his daughters in an assistance living community.
If you knew him, maybe you could give him a call and wish him well.
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Steve also reported that City Council had overridden the decision by Planning and
Zoning to allow Riedel's placement of Bandit signs. However, the approval was given
with the understanding that they must meet the requirements set by the City Ordinance.
Steve reminded everyone that the APA Conference has been scheduled and to save a
considerable amount, the registration forms must be submitted early and asked
everyone to turn in their information as soon as possible. Please let us know if you are
attending by next meeting.
#20 Adjournment:
David Richmond moved to adjourn the meeting. Joyce Briscoe seconded the motion.
The meeting adjourned at 9:25 p.m.
ATTEST: .
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Planning Secretary, City of Schertz
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