04-08-1997
.
.
.
e
e
PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in regular
session on Tuesday, April 8, 1997 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
MERWIN WILLMAN, SECRETARY
PIA JARMAN
GARY WALLACE
KEITH VAN DINE
TONY MORENO
KEN GREENWALD, COUNCILMAN
STEVE SIMONSON,
ASST. CITY MANAGER
DENISE GRANGER,
PLANNING SECRETARY
MEMBERS ABSENT
OTHERS PRESENT
Greg San Marco,
McCrary & Associates
Ed Laskowski,
Sprint Spectrum
Wade Hutson,
Sprint Spectrum
James Burrus,
Sprint Spectrum
Thuy & Hieu Pham
Sissy McCabe,
Next Wave
Gary Woods
Johnny Martinez
#1 CALL TO ORDER
Chairman Ernie Evans called the April 8, 1997 regular meeting to
order at 7:00 p.m.
#2 APPROVAL OF MINUTES:
Regular Session March 25, 1997.
David Richmond stated the meetings have been quite long lately but
he doesn't remember the last meeting lasting until 10:45 p.m. It
should be 9:45 p.m.
Pia Jarman moved to approve the Regular Session minutes of
25, 1997 as corrected. Gary Wallace seconded the motion
carried with a unanimous vote.
March
which
#3 STATUS OF FINAL PLATS:
.
.
.
e
e
There were none.
#4 STATUS OF BOA ACTIONS:
Pia Jarman stated the BOA actions are: Veytia Partners' request
for side yard setback from 7.5' to 5' was denied; Flagship Homes'
request for a lot in Berry Patch for rear yard setback from 20' to
14.5 to accommodate a view of Randolph AFB was denied; Plantation
Homes' request for side yard setback from 5' to 0' for the driveway
to the garage was approved; Dover Homes' request for rear yard
setback of 20' to 14' was approved because of the confusion between
the City and developer; Sprint Cell Tower height variance from
120' to 190' was approved.
#S CITIZENS' INPUT OTHER THAN AGENDA ITEMS:
There were none.
#6 CONSIDER AND MAKE RECOMMENDATION: Request from Thuy T. Pham
to Rezone Approximately 1.5 Acres from GB
(General Business) to RA Residential/
Agriculture) on FM 1518. (ZC #140-97)
Steve Simonson stated this is a piece of property on the west side
of FM 1518 at the beginning of the City limits, at the back of
Randolph AFB. It is currently all zoned GB (General Business).
Mrs. Pham has come to request that the back of the property as
denoted in the metes and bounds in the package and also shown as
lots 1, 2, and 3 be rezoned to RA (Residental/Agriculture) which is
similar zoning to everything else in the area behind Randolph.
This is for use by her family for residential tracts.
Pia Jarman stated according to the map the property line extends or
ends at Randolph AFB. Steve Simonson stated "yes" the fence is the
common property line.
Merwin Willman stated there are three or four items that need to be
considered for rezoning. The items are in paragraph 16.5.4 of the
UDC. They do meet all of the items.
Councilman Ken Greenwald stated the TNRCC has changed
acreage for a septic tank form 1/2 to 3/4 acre
Simonson stated he would check on this information.
is the one that authorizes septic tanks in this area.
the amount of
lots. Steve
Bexar County
Ernie Evans stated if this is true then the size or dimensions of
the lots will not work. Steve Simonson stated she is not platting,
she is only showing the size and dimensions of the lots for the
strip that is across the back. She has been told if at some time
she was to sell these lots they would have to follow the platting
process of the City. At this point she is only using this property
for family. This is a zoning issue because the whole piece of the
property is zoned GB.
-2-
e
e
.
Ernie Evans stated this makes sense because of how the area backs
up to other R/A zoned property. However, if what Councilman Ken
Greenwald has stated is factual, then this will make a difference
in the documentation.
Pia Jarman asked if the Public Hearings have been scheduled? Steve
Simonson stated the public hearing with P & Z will be held on April
22, 1997 and City Council on May 6, 1997.
Pia Jarman moved to recommend approval to City Council for Public
Hearings to be scheduled on the request from Thuy T. Pham to
rezone approximately 1.5 acres from GB (General Business) to RA
(Residential/Agriculture) on FM 1518. Tony Moreno seconded the
motion which carried with a unanimous vote.
#7 CONSIDER AND MAKE RECOMMENDATION: Request from Gary Woods to
Rezone Approximately 3.016 Acres from NS
(Neighborhood Services) and R-2 (Single Family
Dwelling District) to GB (General Business) on
Schertz, Parkway. (ZC #141-97)
.
Steve Simonson stated the frontage of this property on Schertz
Parkway is zoned NS (Neighborhood Services) with the remainder of
the property as R-2 (Single Family Dwelling District) which is what
is throughout this area. Mr. Wood needs to zone to GB to have his
type of business on this entire piece of property. This is a
rectangular piece of property adjacent to the Knights of Columbus,
Pfeil Street and Schertz Parkway.
David Richmond stated he is concerned about changing the zoning of
NS to GB because of the nature of the development for the property
around and also what is on both sides of Schertz Parkway. This
area with the new development that is going on, along with the
Knights of Columbus does not lend itself to GB zoning. This
property is zoned more for NS which is more appropriate.
Merwin Willman stated he is in agreement with David as one of the
requirements for rezoning is the economic or environmental changes,
and there are none to merit this change to GB. The compatibility
of a storage unit is not compatible to the area. This is
residential, GB, Fire Department, and Library are public
businesses.
Pia Jarman stated she is in agreement with her fellow Commissioners
who have spoken. Pia also mentioned the fact that when we have
rezoned it usually has been a down zoning rather than going from a
residential to general business, or neighborhood services to
general business. Also this could be considered spot zoning. What
is to say that someone else may want it rezoned to GB and "Mad Dog
Welding" would like to come in.
.
Ernie Evans stated he also is in agreement with David and Merwin,
this is not a compatible use in terms of this location especially
of this size, as everything behind it is homes. This would not fit
-3-
e
e
.
in with what is in the area.
Merwin Willman moved to deny the request submitted by Gary Woods to
rezone approximately 3.016 acres from NS (Neighborhood Services)
and R-2 (Single Family Dwelling District) to GB (General Business)
on Schertz Parkway. This is due to the fact that it does not meet
the conditions as stated in Article VI, paragraph 5.4 of the UDC
and compatibility of use. Pia Jarman seconded the motion which
carried with a unanimous vote.
#8
CONSIDER AND TAKE APPROPRIATE ACTION: Request
Woods for Site Plan Approval
Self Storage. (PC #310-97)
from Gary
for Schertz
Chairman Ernie Evans stated based upon the action that was taken on
the previous request this item is removed from the agenda.
#9
CONSIDER AND TAKE APPROPRIATE ACTION:
Spectrum, for Site Plan
Cell Tower. (PC #309-97)
Request from Sprint
Approval for Sprint
(Tabled 3-25-97)
Pia Jarman moved that the request from Sprint Spectrum, for Site
Plan Approval for Sprint Cell Tower tabled on 3-25-97 be taken off
the table. Keith Van Dine seconded the motion which carried with a
unanimous vote.
4It Steve Simonson stated this is a follow on request from the P & z to
the BOA to hear the variance request for height change from 120' to
190'. As Mrs. Jarman has briefed you the BOA did approve the
height variance. Also the requested additional information from
Sprint Spectrum concerning the FAA and other documentations that
there is no problem with this site. Also the letters of courtesy
informing the Ultralight Flying Field and Kardy's are also
included.
Merwin Willman stated it looks as if they have met all of the
requirements.
Steve Simonson stated there is a company, Next Wave, that is
interested in co-locating on this tower.
Gary Wallace moved to approve the Site Plan for Sprint Cell Tower
submitted by Sprint Spectrum, . Keith Van Dine seconded the motion
which carried with a unanimous vote.
#10 GENERAL DISCUSSION:
Tony Moreno:
Tony Moreno stated he had no comments.
. Keith Van Dine:
Keith Van Dine stated regarding item #6 for the public hearing:
-4-
.
.
.
e
e
when P & Z approves an item for rezoning and it goes to a public
hearing, is the decision based on the public hearing outcome or is
it a moot point.
Steve Simonson stated that "yes" decision will be based on the
outcome. The request for public hearings is because there is
enough merit to go for a public hearing. This is not saying "yes"
or "no" at all to the request itself.
Merwin Willman stated if you look on the check list there are three
or four items that have to be met for an item to be "considered"
for rezoning.
Gary Wallace:
Gary Wallace stated he had no comments.
Pia Jarman:
Pia Jarman stated at the BOA there was a question brought up about
the AT & T Tower being 140' and were they given a variance for the
20' above the requirement. We weren't sure because we were in the
middle of doing the UDC at the time of the AT & T request. In
going back to the minutes Pia read the portion where she asked how
tall the antenna was. Jerry Jewett stated the antenna itself was
10' high with the overall structure including the pole being 140'
in height. Steve mentioned that "the key to this was the FAA
requirements were met and approved". At one point Bob Andrews
questioned if the antenna had to be approved by the FAA due to the
height and the need for a light on the top. Steve Simonson advised
"that the FAA approval is the document that was included in the
Commissioner's packet". Pia believes it was something similar to
what we were looking at tonight which was not a letter but a
document. The question is were did we get the 120' from. Back in
April 1995 the UDC was in the process of being worked out.
Steve Simonson
ordinance. The
through.
stated the 120' was always there even in
only thing is that the AT & T tower
the
just
old
got
Pia Jarman mentioned that maybe there should be a listing of
approved cell towers, what they are called and if they have any
variances. Merwin asked what would be the advantage of having a
list of them. Pia stated for the future, starting such a list
would help keep track of them.
Steve Simonson stated there are four cell towers in our City limits
at this time. Primeco on FM 1103, Southwestern Bell by Freeway
Manor, At & T and Sprint at Southwest Precast on FM 3009.
Pia Jarman stated the other point brought up at the BOA was if we
are going by the FAA as in the case of the 190' height should we
not reconsider the 120'.
-5-
.
.
.
e
e
Steve Simonson stated this is the point he had brought up when cell
towers got started, as there was some confusion in Steve's mind
that towers were different than buildings. But obviously, the
Commission did not feel this way and stated 120' is 120' regardless
of what the structure is. This is the premise that we went on at
that time.
Pia Jarman
to be 35'.
stated if we
take care of
be required
problem.
stated she thought that the buildings were only allowed
Steve stated in a M-1 area it is allows 120'. Pia
have buildings of 120' then the fire department cannot
them in case of a fire. Steve stated sprinklers would
in the size being discussed which would resolve this
Merwin Willman:
Merwin Willman stated they are putting more and more bandit signs
on FM 78, IH 35 frontage, and other areas in the City.
Steve Simonson stated citations have been issued
Homes, RAYCO and Scott Felder who has ten counts
going to court. The question from the P & Z
concerning what action Steve would be taking while
ordinance was being reviewed. Citations have been
will be going to court.
to Continental
and who will be
last time was
the bandit sign
issued and they
Merwin Willman stated it is like they are disregarding the
ordinance with all of the signs that are out in the City.
Merwin Willman asked if a record could be kept on how many and how
much the citations were. This should not be left too long before
we take action on it.
Ernie Evans stated this is still an issue on the pending list but
because of the joint session with the TIF this evening we kept the
agenda short.
Merwin Willman stated there is talk on how to keep the City
beautified and cleaned. There is something that bothers Merwin and
that is when a business leaves the City they do not remove their
signs. There should be some way for the signs to come down. Steve
Simonson stated it is in the ordinance and it has been followed up.
David Richmond:
David Richmond stated there was an article in the Sun insert to the
Herald. The interest was the front page article commending the
Cibolo City Council approving the School Board's SUP to build the
school in Thistle Creek. The article was very interesting with
regard to the tone taken in regard to the Schertz City Council
disapproval. David found it particularly enlightening that they
quoted Herb Rehmann suggesting that actually the Thistle Creek site
was a much better site than the Greenshire site because now many
more children could walk to school. David stated he was reminded
of the many times that we sat here in deliberation with the school
board because the reason they chose the Greenshire site was so many
-~-
e
e
.
children could walk to school. David found this an interesting
turn around.
Councilman Ken Greenwald:
Councilman Ken Greenwald stated although Comal County has changed
the acreage for septic tanks to 3/4, he is not sure what Bexar
County has done. We should give Steve a chance to check on it.
The Blanco River Authority hand-out had a big article on how TNRCC
has changed all the rules on septic tanks. They have increased the
filtration, increased the drain fields etc.
Councilman Ken Greenwald stated he brought up at the last workshop
of the City Council a few weeks ago, the issue of the bandit signs.
Council is saying take them all down and get rid of them.
Councilman Ken Greenwald stated a letter is being sent to State
Representative Kuempel and some other people as they are trying to
pass the $1.00 per meter water meter charge on everyone. This is
to go back to TNRCC to support water system improvements state wide
per month.
Steve Simonson:
.
Steve Simonson stated Pecan Grove Mobile Home Park has been sold to
someone out of Denver. There is going to be no rental outfits
within the complex including the Jim's Video building, the little
shop and the Country Kitchen Restaurant which is all part of the
sale. The word we are getting is that they are going to do a
general clean up and redo the complex as a top first class mobile
home park.
Ernie Evans stated in the paper this week there is an article
advising there are mobile homes for sale.
Merwin Willman asked if this would include the mobile homes by the
Smoke Pit. Steve stated no that is not a part of Pecan Grove.
Steve Simonson stated the draft of the TIA document is included in
the Commissioners packets for review to bring back suggestions on
what the Commissioners want to do. This is very similar to San
Antonio's TIA study and other suburban cities. This means any
developer would have the same ordinance in any of the surrounding
cities in the area. Merwin has made some recommendations on
appendixes.
Councilman Ken Greenwald stated the second reading for the rezoning
of the Cliff Johnson property has been delayed for 90 days as he
came before the Council and has another investment group that is
interested in the property.
. Ernie Evans:
Ernie Evans stated he would like for the Commission to review the
-7-
e
e
4It information Steve has provided for the next meeting.
Ernie Evans apologized for not having the Telecommunications Cell
Tower information that was brought up last time but he has not had
a chance to make the changes and get them to Denise. So this is
not ready but will be ready by the next meeting.
Ernie Evans stated
meeting. April 22nd
early voting for the
town meeting with City
on May 6th there will be another comp plan
is the next P & Z meeting, April 14th starts
general election and April 15th will be the
Council if everyone could please attend.
#11 ADJOURNMENT:
David Richmond moved to adjourn the meeting. Pia Jarman seconded
the motion, which carried with a unanimous vote.
Chairman Ernie Evans adjourned the meeting at 7:50 p.m.
The next regularly scheduled meeting is April 22, 1997.
.
/'" .------.
r-\ t /) >, ':
Ch~~~~;U~~n'ing Commission
ATTEST:
.
~ :/
''-''''
/yl.t'VJ~~
Planning Secretary
City of Schertz, Texas
~~
-8-