05-13-1997 n/s
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PLANNING AND ZONING MINUTES
The
hearing
Comp 1 e:,.;
Schertz,
Schertz Planning and Zoning Commission
on Tuesday, May 13, 1997 at 7:00 p.m.
Bob Andrews Conference Room, 1400
Texas. Those present were as follows.
conducted
in the
Schertz
a public
Municipal
Parkway,
PLANNING & ZONING COMMISSION
ERNIE EVANS, CHAIRMAN
DAVID RICHMOND, VICE-CHAIRMAN
MERWIN WILLMAN, SECRETARY
PIA JAF.:MAN
GAF.:Y WALLACE
KEITH VAN DINE
TONY MORENO
KEN GREENWALD, COUNCILMAN
CITY STAFF
STEVE SIMONSON,
ASST. CITY MANAGER
DEN I SE GPANGEF.:
PLANNING SECPETARY
MEMBEPS ABSENT
OTHEF.:S PRESENT
Tony FOrchione,
Destiny Homes
Brett Bruchmiller,
Destiny Homes
Albert White
John & Birdie Grein,
920 Antler
Mike Or man,
Dest iney HClmes
Don Knight,
913 Fawn Drive
Jesse Furn, Si-Nor
Charles Sciascia,
McCrary & Associates
Paul Deham, WF
Castillcl
Anthony Uwakwe,
Si -Nor, Inc.
#1 CALL TO ORDER:
Chairman Ernie Evans called the meeting to order at
p.m. Mr. Evans explained the procedures to be followed at
public hearing. The City Council public hearing on this item
be held May 20, 1997.
7:00
the
will
#2 PUBLIC HEARING: To Receive Citizen Input on a Request
from Don McCrary, McCrary & Associates
to Rezone Approximately 200 Acres
Southeast of IH 35 and East of
Wiederstein Road from PA (Pesidential/
Agriculture) and GB (General Business
to M-1 (Manufacture District Light.
(Ze #141-97)
Chairman Evans asked for Staff input.
Steve Simonson advised that three letters to the surrounding
property owners within 200' were sent. There was one letter
returned in favor, and in none in opposition. This is a 200 aCre
tract that belongs to the Forbes on IH 35.
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John Grein asked if Don McCrary & Associates are the owners .
of the property?&rnie Evans stated in thiearticular case Don
McCrary & Associ~s are the representatives tor the Forbes. At
this point in time there is nothing in concrete on what
to be built on this piece of property.
is going
Steve
plroperty on
M-1.
Simonson stated there are three other pieces of
IH 35 that is owned by the Forbes group that is zoned
Chairman Ernie Evans closed the public hearing at
7:05 p.m with no other comments or questions.
#3 PUBLIC HEARING: To Receive Citizen Input on a Request
from Albert White to Rezone
Approximately 1 Acre North of
Freudenburg Road and East of Pfeil
Road from RA (Pesidential/Agriculture)
tCI GB (General Business). (Ze #143-'37)
Chairman Evans asked for Staff input.
Steve
property
favor.
Simonson advised that three letters to the surrounding
owners were sent. There was one letter returned, in
comments Clr
questions.
ehairman
questions.
no
Evans asked Mr. White
Mr. White stated he had
if
he had any
c ommen t sell'"
Chairman Evans closed the public hearing at 7:07 p.m. with no
other comments or questions.
#4 ADJOURNMENT OF PUBLIC HEARING:
p. m.
Chairman Ernie Evans adjourned the Public Hearings at 7:07
The Schertz Planning and Zoning eommission convened in a
regular session, after the public hearing, in the Municipal
Complex eonference Room, 1400 Schertz Parkway, Schertz Texas.
#S CALL TO ORDER:
Chairman Ernie Evans called the meeting to order at 7:07 p.m.
#6 APPROVAL OF MINUTES:
Public Hearing and Regular Session April 22, 1997.
ehairman Evans advised there were a couple of typing errors
that have been corrected.
Merwin Willman moved
Regular Session April 22,
which carried, as follows:
tCl
1997.
approve the Public Hearing and
Gary Wallace seconded the motion
AYES: Ernie Evans, David Richmond, Merwin Willman, Gary
Wallace, Tony Moreno.
ABSTENTIONS: Pia Jarman and Keith Van Dine. (Absent at said
meeting).
#7 STATUS OF FINAL PLATS:
Chairman Evans stated the final plats signed for the month of
April are as follows:
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Parkway Gard.; Woodland Oaks Units 5B4t 6B; Dove Meadoo,.Js
Replat Unit 4; Ware Heights; Forest Ridge Unit 1; Friensenhahn
Centre; and Schertz Bank & Trust.
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ie CITIZENS' INPUT OTHER THAN AGENDA ITEMS:
There were none.
it CONSIDER AND MAKE RECOMMENDATION. Pequest from Don
Mcerary Mcerary & Associates to Pezone 200 Acres
Southeast of IH 35 and East of Wederestein Road
from RA (Pesidential/Agriculture) and GS
(General Business) to M-1 (Manufacture District
Light). (Ze #141-'37)
ehairman Evans asked for staff input.
Steve Simonson stated there is no other input.
Merwin Willman moved to forward to City eouncil recommending
approval on the request submitted by Don McCrary McCrary &
Associates to Rezone 200 Acres Southeast of IH 35 and East of
Wederstein Road from RA (Residential/Agriculture) and GB (General
Business) to M-l (Manufacture District Light). Pia Jarman
seconded the motion which carried with a unanimous vote.
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#10 CONSIDER AND MAKE RECOMMENDATION: Request from Albert
White to Rezone Approximately 1 Acre North of
Freudenburg Road and East of Pfeil Road from
PA (Pesidenital/Agriculture) to GB (General
Business). (ZC #143-'37)
ehairman Evans asked for staff input.
Steve Simonson state there is no other input.
Pia Jarman moved to forward to eity Council recommending
approval on the request submitted by Albert White to Rezone
Approximately 1 Acre North of Fredenburg Road and East of Pfeil
Road from RA (Residential/Agriculture) to GB (General Business).
Keith Van Dine seconded the motion which carried with a unanimous
vClte.
#11 CONSIDER AND MAKE RECOMMENDATION: Request from Donald
Knight, 913 Fawn Drive, for a Special Exception
to the Zoning Ordinance for 7.5' Variance to
the assumed electrical easement to the side
of the property to build a shed. (BOA #91-97)
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Steve Simonson stated there is a letter from GVEe stating
they have no power in this easement. The shed would conform with
our existing ordinance being 5' from the side and back yards.
Pia Jarman asked if the property backs into another piece of
resident ial property"'? Steve Simc.nson stated "yes" it bac ks up t.:.
Forest Pidge Subdivision.
Keith Van Dine stated this type of request has been granted
previously with letters from utility companies stating they have
no problem encroaching into the easements. If something should
happen down the line, is this individual qoinq to be responsible
for moving the shed if it has to be removed. -
Steve Simona
GVEe. This would not
stated this
involve the
woul d be b.eE~n Mlr.
C:ity.
Knight
and
Merwin Willman stated as big as this lot IS why do they want
to go so close to the property line.
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Mr. Knight stated
location for the shed
reasons GVEe agreed is
this property as this is
this seemed like the best place and
from a visual standpoint.. One of the
as they do not have the authority beyond
in the eps service area.
Gary Wallace moved to recommend approval to the BOA
request from Donald Knight, 913 Fawn Driver for a
Exception to the Zoning Ordinance for 7.5' variance to the
electrical easement to the side of the property to build
Pia Jarman seconded the motion which carried with a
vote.
fOi- the
Special
assumed
a shed.
unanimous
#12 CONSIDER AND MAKE RECOMMENDATION: Request from Si-Nor,
Inc. for a Specific Use Permit for a Material
F.:ecovery Fac il i ty on FM 1518. (SUP #13-'37)
(Tabled 4-22-'37)
ehairman Evans stated this was tabled at the last meeting and
will need to be taken from the table befOre the item can be
discussed.
Pia Jarman moved to take from the table agenda
Keith Van Dine seconded the motion which carried with a
vote.
item #12.
unanimous
.
Steve Simonson stated this was tabled because there was some
confusion on where the land was located. There also was confusion
on what was being built with the layout of the land. The
Recovery Facility has provided a site plan which was requested by
the eommission. The site plan shows the main building being 50 X
100, the office building being 30 x 83.4, the parking is shown,
there will be a 30' road off FM 1518, there also is some
landscaping, the fencing, lights and sign are all shown
Pia Jarman stated she was absent at the last meeting when
this was presented. In the minutes it was stated there would be
four stations. The first station being the drop off, second
station being the sorting, the third station being the pick up
spot. What has happened to station number four?
Anthony Uwakwe stated the fourth station is the office.
is where the bookkeeping will be done.
This
Pia Jarman stated the way she understands it, there is to be
no smell, and no raw products being manufactured. Anthony Uwakwe
stated there are only going to be specific items. There will be
aluminum, cardboard, newsprint. The material that cannot be
recycled will be taken to the Tessman Road Landfill.
Pia Jarman stated when the eity does its own recycling, when
you dump it in your bin, it is very loud. The trucks that are
hauling the material in will be making some noise, also the
conveyor belts will be quite noisy. Is there going to be a noise
level problem? Ernie Evans stated there will be some type of
noise level but there are no houses in the immediate area at
present.
.
56 acre
of the
of the
height.
l:.rdinance
tract? Steve Simonson
5E. aCl~e~. .~ie Ev~ns
remalnlng creage''''
Steve stated "yes"
permits is up to 35'.
stated this is only a ~u aCre tract
asked who the Pl_elrty o\"ln(~lr~; \,Jelre
Also will the b~llding be 30' in
the building will be 30', the
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Pia Jarman stated it was also stated in the minutes that the
building would be 500' from the roadway. The roadway that is
being talked about is FM 1518. If this is so the site plan is not
showing the 500' from the roadway.
El'.nie Evans stated "yes" it was stated at the last meeting
that the building would be 500' from the roadway.
Anthony Uwakwe stated in making the plans with the
being in the way the building will be on the right side
power lines.
wires
of the
Ernie Evans asked for clarification on the wording over
the sign. Steve stated it says "mounted."
Gary Wallace moved to forward to eity eouncil with approval
the request submitted by Si-Nor, Inc. for a Specific Use Permit
for a Material Recovery Facility on FM 1518. David Richmond
seconded the motion which carried with a unanimous vote.
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#13 CONSIDER AND TAKE APPROPRIATE ACTION: Request from
Destiny Homes Inc., for Site Plan Approval for
a Peal Estate Office and Model Home.
(pe #314-97) (Disapproved 7-22-97)
Steve Simonson stated the two reasons this request was turned
down was because of the sign location being possible blockage to
the Los Posidita sign, also blockage to Cabana Drive. After
considerable amount of discussion with Destiny Homes, it was
decided that the site plan would be submitted without a free
standing sign on it. Destiny Homes would come in at another time
for a request for a free standing sign.
Ernie Evans asked what the distance is from the IH 35
frontage road curb to the property line? Brett Bruchmiller stated
it is shown from the existing to the property line. There will be
a 25' building setback.
Merwin Willman stated this a very nice home but what is going
to happen to this home once Destiny Homes is no longer needed?
Tony Forchiman stated it will be sold off as office space. There
was discussion on this issue. The eommissioners concluded that
because of the zoning it cannot become a residence further more
Pia Jarman added "whc. would want to 1 ive cln top of IH 35?"
Tony Moreno moved to approve the site plan request submitted
from Destiny Homes, Inc., for a Real Estate Office and Model
Home. Gary Wallace seconded the motion which carried with a
unanimoLls vote.
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#14 CONSIDER AND TAKE APPROPRIATE ACTION: Request from
eontinental Homes, for Approval of the Vacate
and Peplat for earolina erossinq Unit L.
(pe #316-97) -
Steve Simon. stated this was an ap'ovec:l plat but not
recorded. The only change is from Paragon Cable for an easement
at the back of Deer Haven from Carolina Crossing. Carolina
erossing has advised Paragon that they can accommodate them but it
would have to be shown on the plat through the greenbelt. This is
the only change to the plat that has already been approved: to add
an easement between lot 28, block 3 from the street to the back of
the lot across the greenbelt to Antler Drive.
Merwin Willman moved to approve the request submitted from
continental Homes, for the Vacate and Peplat for Carolina erossing
Unit 2. Pia Jarman seconded the motion which carried with a
unanimous vote.
#15 CONSIDER AND DISCUSS:
Traffic Impact Analysis.
Ernie Evans hoped everyone had the opportunity to reread the
document. At the last meeting Steve Simonson provided the
eommission with another document that commented on the school
which was a concern. Ernie asked if anyone had any questions,
concerns, additions, deletions etc. that is up for consideration.
Gary Wallace stated just from the ordinary citizen's
standpoint, you have to read the document half way through before
y~u find the information that you need to understand. All of the
development has to do with the TIA then two pages into it, there
is finally an ou~ for an ordinary citizen and why can't this be
put closer to the front.
Ernie
There is
this type
things gl:.
subdivision
the outline.
Evans asked if anyone read this months zoning report.
an article on how the zoning document or a document of
should be put together. It tells you that not all
together the way one would assume. It shows how the
ordinance goes together with the traffic in terms of
This matches almost verbatim with the UDe fOrmat.
Merwin Willman stated the UDe was copied from a good one and
is a very good one of our own.
Ernie Evans asked if
be put into final draft?
document and should be
Commission was in agreement
the Commission felt the TIA was ready to
Steve Simonson stated this is a good
adopted as soon as possible. The
to have this in a final document.
Ernie Evans stated he had a discussion with Steve on the last
attachment page over changing some of the variables. This would
give the P & z the right to call the issue. If the sizes are
changed we would have an issue if we have a valid basis. This is
the only thing in the whole document that is a concern to Ernie in
terms of "does it really give us the level of cl:.ntrol that we
desire."
Steve Simonson stated if we were to try to lower the numbers
we may get challenged. Right now everything that we have done
i.e. the overlay districts are not outside the standards required
by any of the other surrounding cities. We can defend this all
day long but if it is changed down, we would have to come up with
some rationale.
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Ernie Evans stated if there
comments, th:n t~is&lI:ument will be
before the Commlss~n one more time
afterwards it will be the final form.
are no other
taken to Aal,
and then ~ the
quest ions OJ''
but will come
ne~f;t meet i ng
*16 CONSIDER AND DISCUSS.
Telecommunications Antenna/Tower
Site
Ernie Evans said there is a revised document In the
packets this time. This incorporated the comments that were made
at the last review with the eommission, three or four meetings
ago. The check list will be in the back of the UDC. Ernie asked
for any questions Or comments.
Pia Jarman asked about Section 5, Paragraph 5.4 Standards.
It talks about minimizing the safety hazards about the antenna
towers themselves. There was an issue discussed on having some
kind of fencing around the tower because of safety concerns such
as preventing children such towers Pia's understanding is that not
all such towers have fencing. Ernie stated he looked in the
Southern Building eode and there was no information available on
antenna towers. There are some regulations in the Fee
regulations. But in terms of this eommission, unless we
understand the rules and enforce them on the site plan we may not
have the authority.
Merwin Willman felt the fencing requirement can be put in
UDe, and perhaps, shluld be. After disucssion it was decided
the fencing requirement would be spelled out as part of
standards section.
our
that
the
Steve stated in the site plan fencing is required. Steve
stated he has some information on taking cellular towers and
making them look like trees. This is information on teletronics.
If this is put together there are things that can be built into,
that the eommission is very adamant about. There could be a
stipulation that they be camouflaged when they are near a
residential area. Steve had some information on camouflaging cell
towers and will try to contact the company for more information
and the cost of camouflaging.
Ernie Evans stated there is not a suitable definition for
back haul provider and Ernie will work on a definition for the
final document.
Merwin Willman asked if cell towers will have to provide a
site plan? Steve Simonson stated anything being built in the City
has to have a site plan.
Merwin Willman asked in 3.1 it talks about ETJ. Will
prevent towers from being built in our ETJ areas? Steve stated
would have to look into this but they would have to conform to
Ordinances.
this
he
the
Gary Wallace asked about the properties boundaries and will
this be enforceable? Ernie stated if it is in the ordinance it
will have to be followed. Steve stated cell towers are
permissible in industrial areas.
After some discussion the Commission agreed upon the few
changes that were discussed and for this item io be on the next
agenda to have in final form.
ot hel' c hanges b~g 1 ooke~ at ',Je need to b.'r.....g t hf:.~m. for \.J a 1'. cI
this time so we a~not makIng changes to th~me ordInances.
at
Steve Simonson stated he had some changes to the check lists.
Merwin Willman stated on Table 6A there is an administrative
error. Steve stated this is only a typo.
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Merwin Willman stated on Article XI Platting, on site plans,
we have failed to have a termination date like what it used to be
on plats. If action is not taken within a year it is terminated.
This type of stipulation needs to be put on plats.
Ernie Evans agreed and stated he was working on the issue of
planting trees as replacements to those cut down. The other item
is the parkland fees of either lowering the number of houses or
increasing the fee amount.
Ernie Evans stated the other item is the changes that the
eommission may want along Schertz Parkway that was discussed with
the TIF group. This would chane some zoning. Merwin stated he
already has a letter written up on this and hopes to have it by
the next meeting. Ernie stated we are also waiting on a letter
from the TIF group on providing input on their perspective.
Ernie Evans asked for a report from on the BOA actions.
Pia Jarman stated at the April 28th BOA meeting there were
three recommendations we forwarded. All of the requests were
apprl~ved: i.e. the special exception request for Daniel Kilcrease
for the patio, David Morrisson to build a shed and James Todd for
a gazebo.
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#17 GENERAL DISCUSSION:
Tr:rny Mc,renr:r:
Tony Moreno stated he had no comments.
Keith Van Dine:
Keith Van Dine asked Steve on the SUP for the recovery plant
what all are they going to be bringing into this business. Steve
stated paper, plastic, aluminum and card board. This is a
contract with RAFB. After this was discussed Keith stated he was
thinking about the recovery plant on East Houston St. and how the
business is in a shambles. Steve stated RAFB is putting alot of
restrictions onto this company as this is a Federal eontract.
There will be a letter sent explaining to this company that if the
SUP is approved they will have to submit a proper site plan for
this property and this will have to be platted from the other
acreage. The site plan they provided did not have to go into
detail as this was only for the use of getting a SUP. As it is
stated in the minutes what they are going to due and what is
cr:rming in. They will be bringing it in bagging it and shipping it
out. It was also stated this evening in the minutes that if there
is any over flow residue it will be taken to Tesman Landfill.
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Gary Wallace:
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C' i E\._ J 2.1'- man:
e
e
Pia Jarman stated she had no comments.
t1el.:....J i n Will man:
'"lh i c h ~""e
an e>~tr2,
Merwin
Steve
Merwin Willman asked Steve the house at 600 Aero
approved to add to the frontage did this also include
large double curb cut. Steve stated he doesn't remember.
Willman also stated Scott Felder is still putting up signs.
stated he has been taken to court.
David r;;:ichmQnd:
David Richmond stated he had no comments.
Councilman Ken Greenwald:
Councilman Ken Greenwald stated TNRee has
regulations. The cost has gone up quite a bit
$6500.00.
septic tank
$1'300.00 to
new
fOrm
eouncilman Ken Greenwald stated the GRWA met last night on
information for water. The one thing that will effect us will be
the Edwards new charges that will be about $1.00 - $1.80 increase
to an average homeowners bill. The days of cheap water are long
gone. GRWA is looking at increasing the pumping from 2 million a
day to 8 million a day but this is river water. The water costs
are gQing up with the current costs being a week ago from GBRA
1,000 aCre feet $53. Plus change the first of the month it went to
$61.00 and in three yeas it will be $69.00. This is cheap.
eorpus Christi is paying $450.00 per acre.
eouncilman Ken Greenwald reminded everyone of the joint town
hall meeting tomorrow evening at the 7:00 p.m. at the Library.
St eve Simon sCln :
Steve Simonson stated there has been a request from the
Frensenhan Centre property that we take a look at a 60' road
easement that they would like to put across their property of the
remaing 15 acres from FM 3009 to Maske Road. This would be in the
middle of the property. There is nothing built in between them.
They are not proposing to build this today but if it is excepted
they would like to come forward with the plans.
Steve Simonson stated he had received a letter from the Texas
Parks and Wildlife Department stating Destiny Homes is great and
conserve land and wild life.
Steve Simonson stated Mr. Sweatt, Mark Marquez and Steve had
a meeting with the Barshop people to discuss how to develop the
rest of the property that they own on IH 35. They have asked the
eity what we would like. They have come in with a plan as we
asked fOr a Home Depot on IH 35 frontage, along FM 3009 on the
treed area we would like good sit down restaurants. Steve had a
plan for the eommission to review. There is a concept on how they
would like to develop the rest of the seventeen acres behind Bill
Miller's.
Ernie Evan.s:
~lr;i:'-~va::.t2\ted tomorrow the data butlnot the glraphs will
be presented with an overhead at the Town Hall meeting. Ernie
reminded everyone of the joint meeting with the City Council
tomorrow evening. Everyc.ne has received a copy of the data which .
thanks to Steve he has provided.
Ernie Evans stated the next P & Z meeting will be held on May
27th and also a Comp Plan meeting on May 20th.
Special Presentation:
At this time~ having finished the announcements~ Ernie Evans
request Pia Jarman to step forward and stand with him for a
presentation. Ernie stated there is a $2,000.00 reward fOr Denise
who has taken a job with Live Oak; and also some handcuffs to keep
her at her desk. She will only be allowed restroom breaks. We
don't want her to leave! On behalf of the eommission, Ernie Evans
presented Denise with a plaque inscribed "To Denise Granger,
Secretary, December 1994 - May 1997. For outstanding service and
dedication. Presented by the eity of Schertz Planning & Zoning
Commission." Ernie Evans stated "withc.ut Denise we would not have
been on time or have had anything else done in such a timely
manner." Ernie Evans stated he has appreciated everything Denise
has done and wished her good luck. He than turned the floor over
to Pia Jarman, who as former chair had a longer working
association with Denise. Pia said that when whe was persuaded to
take the chair in 1994, she did so relying on the fact that she
would have Norma Althouse to lead her by the hand.
This was not to be as Norma went to another position
immediately. So she and Denise had to learn a lot quickly~ work
hard and efficiently, as well as her powers of initiative and
innovation the eommission's S.O.P. (Standard operational
prc,,:edure) has been impr.::rved and streamlined. "I could not have
made it through my term as chair person, without Denise's constant
support and her willingness to work at all times. Thank you fOr
everything, Denise. "She presented Denise with a silver 8" X 10"
picture frame as a personal memento from the eommissioners.
Denise thanked everyone for everything they had done and .Iit has
been a wonderful experienl:e wClrking with YC1Ll all," she c':lncluded.
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#18 ADJOURNMENT:
Keith Van Dine moved to adjourn the meeting. Gary Wallace
seconded the motion which carried with a unanimous vote.
ehairman Ernie Evans adjourned the meeting at 9:00 p.m.
The next regularly scheduled meeting is May 27, 1997 at 7:00
p.m.
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ehairman,Planning and Zoning Commission
~
^T"'~C'" TO
Planning Secretary
eity of Schertz, Texas
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