12-09-1997
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PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in regular session on Tuesday,
December 9, 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
Pia Jarman, Secretary
Gary Wallace
Tony Moreno
Joyce Briscoe
Ken Greenwald, Councilman,
ex-oficio
Steve Simonson,
Ass1. City Manager
Mary Ybarra,
Planning Secretary
Membersllbsent
Others Present
Keith Van Dine (work related)
Phil Bakke,
Julio LyBrand,
San Antonio, Tx.
Jim Long,
558 Leaf Lane
John Hancock,
Hayden Schmelle,
San Antonio, Tx.
Glen Muehlstein,
Doug Boazman,
7125 NW Loop 410
#1 Call to Order:
order at 7:00 p.m.
Chairman Evans called the December 9, 1997 regular meeting to
#2
Approval of Minutes:
Public Hearing Session of November 25, 1997
Pia Jarman asked that Mickey Tereletsky of 705 Marilyn S1. be added to the list of citizens
present.
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Joyce Briscoe corrected the spelling of "Edmund Kuempel on the regular session minutes on
page seven (7) second paragraph.
Joyce Briscoe moved to approve the minutes of the Public Hearing and Regular session of
November 25, 1997 with the addition and correction mentioned. Gary Wallace seconded the
motion which carried unanimously.
#3 Status Of Final Plats:
There were none to report.
#4 Status of BOA Actions:
Pia Jarman stated that the Board of Adjustment had approved the request from Roy Richard, Jr.
to encroach 3' into the 16' utility easement for the building of a deck for a pool.
Pia added that the board members had discussed procedures for selecting board members since
this is the first time new members have been needed. She was asked to furnish the Planning and
Zoning procedures. Pia added that Ted Duigon had mentioned that in the previous P & Z
interviews he had, there had been some awkward moments and commended highly the procedure
that David Richmond had suggested; that nominating and voting not take place in the presence of
those being interviewed. Pia added that the Board's procedures will have to be reworded and a
vote taken at the next meeting to include the Board's procedures in its By Laws. Pia stated that it
had been a very good meeting.
#5 Citizens' Input Other Than Agenda Items:
Phil Bakke and Julio LyBrand, representing real estate land development and apartment
planning, discussed a housing project for smaller towns like Schertz. Mr. LyBrand stated that his
company has discussed the outlook of jobs with surrounding businesses and the proposal for new
buildings and feels that major development will and has taken place and that new housing will be
needed. His company approached Barshop on land availability suitable for multi-family housing.
After negotiating with Barshop, the seven and half acres of land on Corridor Loop Rd at IH 35
between the Randolph Credit Union and the frontage road were found to be suitable for the
project.
The land plan reflects the parking ratio that the city requires. However, there are some concerns
such as not getting enough land for the 200 units for the project without a city variance or a
special use permit for the increasing density. Price for the land is another concern to make the
project work. To keep the rents down that much land is needed to build that many units per acre.
This is a high profile site; there is a lot of traffic in this area. Traffic and visibility is a very
positive issue. There is visibility from southbound traffic and they feel they can promote and
advertise the project with this visibility. "We feel we do not need visibility from the northbound
traffic because of the intersection there, where traffic is coming from all four directions. Timing
is immediate, and we are prepared to move forward and build an up scale apartment complex."
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Phil Bakke stated that the apartment complex is a combination of two and three story units to
achieve the density to make the project feasible. The units are one and two bedroom units. There
are four unit sizes; 550 sq. ft., 556 sq. ft., 660 sq. ft. and 857 sq. ft.
Joyce Briscoe asked, "What is the average number of people that would reside per unitT'
Phil Bakke stated that the units are not designed for a lot of children, the units are designed for
empty nesters or service type employees without large families. We find in operating apartments
that not having a lot of children is a benefit to the entire complex. This project is more a
commuter project. If it were a family project it would be off the freeway and they would consider
including a daycare facility. This design is for the employment base that is here, and that is
coming on strong.
Tony Moreno asked if there is a figure for units per acre. Phil Bakke stated that there are about
30 units per acre. Tony asked what the traffic generation is in terms of vehicles. Phil stated that
they have complied with the parking ratios of the city. "We plan to do a traffic study
immediately if the outcome of the meeting tonight is positive".
Tony Moreno stated that the traffic impact would reflect the traffic already there at this
intersection in addition to the 200 units. Is there consideration for walking trails for residents
with the amenities that are planned for the complex? Mr. LyBrand stated that the clubhouse
would not be available to the public and walking trails are not in the plans.
Ernie Evans asked, "Are you aware the area is zoned commercialT Mr. LyBrand stated that they
explored the opportunities of other properties but Barshop has other plans for their other
properties. Ernie Evans stated that there are other properties in the city not too far from this area
that are already zoned "residential". Ernie added it's potentially 400 cars and the area is a
commercial district and he doesn't think the two go hand in hand. He feels the traffic impact: the
car count will be very difficult to justify at this intersection at peak hours of traffic. It's a great
looking project but he doesn't think the area is the right area.
The Commissioners discussed several areas of concerns; traffic impact, parking requirements
etc. Julio LyBrand asked if the area was not right, "where would the Commission direct us to
go?"
Ernie Evans stated there are other areas that need to be looked at: Jesse Hellums property is one.
Julio LyBrand stated they had looked at this property and it would be very difficult for Mr.
Hellums in the current economics for a project like this. The property has some problems, but the
visibility would be adequate.
Tony Moreno stated that it would be difficult to change the zoning in the area. The area parallel
to IH 35 is zoned commercial and it's against the law to "spot zone". All the land along IH 35 is
zoned commercial.
Ernie Evans asked <<What are you looking for from us tonight"? Julio LyBrand responded <<a
pulse" on the Commission's views.
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David Richmond reminded the Commissioners of the Corridor Loop area and what was proposed
for the area. The concern is the back area and what the potential of commercial property would
do to the traffic problem. Barshop had proposed office, warehouse type complexes that would
have limited traffic and is the best use for the area.
Ernie Evans stated there are a few more properties that would work for the project.
Mr. Bakke and Mr. LyBrand thanked the Commissioners for their time. They now have a feel in
what direction to go with the project.
#6 Consider And Take Appropriate Action: Request from Jim Long to use his Business
Property Block 20, Lot 3 and 4 Freeway Manor Subdivision without access to a recognized
public street. (PC #349-97)
Steve Simonson stated that at the request of the Commission, a description of what Mr. Long
wanted to do with the property and the size of the building related to the lot the building is on has
been submitted. Mr. Long provided the information: The existing buildings are 12 x 20', and the
map shows the distance of the sideyard, front and backyard.
Pia Jarman asked if the buildings are on one lot or two? Steve Simonson responded one. Ernie
Evans stated he assumed it is Lot 3. Steve stated this is true
David Richmond asked if the problem is solved in determining if it is an improved road. Steve
Simonson stated it is a platted road according to the county subdivision records, however, "I
have been unable to contact Commissioner Wolverton on his letter stating that the county
maintains the road. There has been no evidence of road grading since the area was annexed."
Ernie Evans asked, "Is this a business or storage issue for wholesale auto paint?" Steve
Simonson stated it's a general business area and Mr. Long is stating it's a wholesale issue, not a
retail issue.
Pia Jarman asked if as a paint issue does it meet EPA standards for storage of paint. Steve
Simonson stated yes, but it is a building code issue, not an issue that Planning and Zoning deals
with.
Joyce Briscoe stated that at the previous meeting Mr. Evans cited article 4, section 4, paragraph
b, discussing the types of acceptable use. For example, will it have employees, water and sewer,
transportation etc? Do we not need this information provided to the Commission because it is in
the UDC? Ernie Evans stated if it is for a business use we need to go to the acceptable use
section of the document. In chapter 3, section 5, general business which is what the property is
zoned. This type of use is not specifically listed in the section. However, "storage warehousing"
is listed in general business. This specific information still needs to be provided.
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Tony Moreno reiterated we are not looking at the unlisted use but at the listed use as storage
warehousing.
Joyce Briscoe stated, Mr. Long's request is for storage sheds or the same permit ALCON was
given. ALCON has storage buildings with nothing in them. Ernie Evans stated that it is two
different issues so the same permit cannot be given. Ernie Evans stated that the request in this
case is for storage sheds for auto paint and along with wholesale, meaning a customer or delivery
truck coming into the property. Joyce Briscoe commented this means someone would have to be
there to receive or to send out the shipment and "there is no water on site, is this correct?" Steve
Simonson stated this is correct.
Mr. Long stated the storage buildings are used to store paint for his business. There will be no
semi-trucks or employees. "It is a small business and I simply need a place to store paint, I do
not need to be there and occasionally I will be in and out of the building to meet my customers."
Ernie Evans stated the Commission needs to understand the nature of use; and the information
still needs to be provided in relation to UDC article 4, section 4 paragraph b; Sales, dwelling
activities, type of product, storage etc. Some of the questions have been answered; you are not
looking for mass storage. It is enclosed storage and solid buildings. Is that correct? Mr. Long
replied yes. On the road issue, there is still some discussion whether this is a county road or not.
The Commission is aware it is a platted street and in the city map. The problem is how is a truck
going to go into the property the 40'. Mr. Long stated there are no semi-trucks, just small
pickups going into the property.
Pia Jarman asked what precisely is the variance that is requested?
Steve Simonson stated that at the beginning from what Mr. Long said, he thought it would be a
retail type of business, then traffic would be an issue. The City believes this is not a road and
development was shut down. Since then Mr. Long has requested to use the property for storage,
the question does not have a clear-cut answer; Does the Commission allow the recommendation
to go to the Board of Adjustment or not with the information provided?
Gary Wallace stated he drove out to the property and Mr. Long's property is accessible. There is
no problem getting to the property.
Ernie Evans stated the issue at hand seems to be to use his property for the storage of auto paint
and to conduct business, which is another issue.
Mr. Long expressed his confusion.
Pia Jarman stated the issue simply is, "If you are going to use the property as a storage facility,
this is in the listing of general business that is allowed. However, if business is conducted on the
premises such as selling products, that is another category. One or the other, then the
Commission can make a decision.
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Mr. Long stated the property is to be used for storage of auto paint. He has no employees and he
will be the only one in an out of the storage buildings. He will be the one delivering and picking
up paint from the facility.
Ernie Evans stated that Mr. Long is requesting his property be used for storage of auto paint, no
employees, and a pickup load of paint going into the property per Mr. Long's statements here
tonight.
Tony Moreno moved to forward to the BOA the recommendation for approval for the Special
Exception of two storage building on his property block 20, lot 3 Freeway Manor Subdivision
(without access to a public street). Gary Wallace seconded the motion
Pia Jarman stated the motion should include the statements made by Mr. Long on how he will
use the storage etc.
Tony Moreno moved to amend the motion to include statements made by Mr. Long in the
discussion. Gary Wallace agreed to the amendment to the motion and seconded the motion.
The amended motion is as follows: To forward to the BOA with a recommendation for approval
of Mr. Long's request for Special Exception for two storage buildings on his property block 20,
lot 3, Freeway Manor Subdivision (with no access to a public street). The storage units will be
for the storage of paints only. There will be no sales business conducted there. Gary Wallace
seconded the amended motion, which carried unanimously.
#7 Consider And Take Appropriate Action: Request from Peco Construction for Site
Plan Approval of Slim's Paint and Body Shop, IH 35 and Tri-County Business Park.
Steve Simonson stated the site plan provided shows it is part of Tri-County Business Park that
fronts on IH 35 S. An attachment shows the type and dimensions of the sign. The sign is a 40'
sign. Handi-cap parking, landscaping, and existing concrete drainage, dumpster, general parking
etc. are shown. Notes show the trees and landscaping. A 6' solid concrete fence will be put in. A
request to waive the sidewalk requirement has been submitted to City Council.
Tony Moreno asked is the sidewalk requirement to be part of the motion? Steve Simonson
commented it would be part of the motion.
Ernie Evans asked what is the purpose of the back street? Mr. Boazman stated 'Just to have
access to FM 3009 and relieve traffic." Ernie Evans stated he has concerns with the 90-degree
turn at the comer of the road. Mr. Boazman stated he would request this be a smoothed out
comer. Steve Simonson commented that when the Commission sees the final plans all these
questions will be taken care of
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Ernie Evans asked what is the size of the plants; Five-gallon, 10 gallon? Mr. Boazman stated
oleander and red oak are planned in the landscaping in adequate size. When is estimated
construction planned? Mr. Muehlstein commented as soon as it gets approved. It will take 6-7
months to build. Mr. Muehlstein commented this is a state of the art facility. It will employ 62
people.
David Richmond moved to approve the site plan from Peco Construction of Slim's Paint and
Body, IH 35 Access and Tri-County Business Park contingent upon approval by City Council on
the sidewalk issue. Pia Jarman seconded the motion, which carried unanimously.
#8 Consider And Take Appropriate Action: Request from Don McCrary & Associates
for Site Plan Approval of Interplastic Distribution Group, Corridor Parkway, Tri-County
Business Park. (PC #350-97)
Steve Simonson stated Mr. Hancock is present to answer any questions. You actually have three
sheets and a letter asking to waive the sidewalk requirement. The dimensional information,
landscaping notes on what will be planted are provided as well as exterior lighting, outside
lighting. The site plan has the required items. There will be no exterior sign; the sign will be on
the building. The fence is chain link fencing.
Ernie Evans commented this is a single story building with stairs and landings simply because of
the off set of the elevation. Mr. Hancock stated that is true.
Steve Simonson stated that the businesses that are coming into the Tri-County Park have been
very cooperative and the city is getting some first class operations.
Gary Wallace moved to approve the request from Hancock and Sheridan Inc. for site plan for the
Interplastic Distribution Group, Corridor Parkway, Tri-County Business Park, contingent on
approval by City Council on the sidewalk issue. Tony Moreno seconded the motion, which
carried unanimously.
#9 Consider And Take Appropriate Action: Cancellation of the December 23, 1997
meeting.
Pia Jarman moved that the December 23, 1997 meeting be cancelled. Joyce Briscoe seconded the
motion, which carried unanimously.
Ernie Evans stated Keith Van Dine is not present due to business.
#10 General Discussion:
Tony Moreno
Tony had no comments
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Gary Wallace
Gary commented that he was of divided opinion over the Lancaster development of land. It is
one of the last sites of land that has the beautiful trees that we would like to preserve. At the
same time Gary feels the landowner has the right to sell his land to his advantage.
Ernie Evans stated he has a problem with the site because of the lots that abut the subdivision,
Size of tracts on the proposed exit to Green Valley Rd and the 30' easement, and Green Valley
Road.
Ken Greenwald commented that the Council had a problem with the traffic impact. There is no
discussion without more information provided to the Council.
David Richmond stated that the road issue needs to be considered before any development takes
place.
Steve Simonson commented that improvements need to be done to the road before anything gets
built. The traffic impact analysis and more information on the trees are two things that need to
be addressed.
Ernie Evans commented that Mr. Lancaster needs to show how they plan to salvage the trees and
provide a plan.
David Richmond stated that Mr. Lancaster stated in order to make a profit, he needs to have that
size lot. Every time we have a developer they say they need to have 500 to 600 homes to make it
work. Sooner or later we need to draw a line and say that doesn't cut it here. That is the last piece
of land with trees.
David Richmond stated that the Commission will make a recommendation to City Council and if
the Commission disapproves the request, on those kind of bases, that hopefully, the City Council
will be supportive.
Ken Greenwald commented the Commission needs to document the disapproval if it is turned
down.
Joyce Briscoe stated the rationale has been discussed, the concern is the politics that develops
between the Commission and City Councilor public influence.
Joyce Briscoe
Joyce commented on the sidewalk waiver and asked why the Tri-County Businesses must
continue to request waivers for sidewalks. Joyce asked if this requirement could not be changed
in the lJDC.
Steve Simonson stated that this requirement needs to be in the UDC, developers in the Tri-
County Business area must request in writing to City Council that the sidewalk requirement be
waived because this is an industrial area and not a retail area.
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Joyce asked why is toxic material in the listing of requirements in the UDC if it's a building
code? Steve Simonson stated it's how the material is stored. Joyce commented it's in the UDC
and the Commission did not want to address the issue.
Ernie Evans stated the Commission does address what type of material goes into the building. In
addressing it, the Commission has concerns that city staff is responsible for enforcing building
codes having to do with hazardous materials. If the city does not enforce the building codes it
becomes liable for any accidents that come from that issue.
Pia Jarman commented on the wording in the UDC. If it is not addressed, then it should not be in
the UDC.
Steve Simonson stated the Commission does address the UDC issue, when someone requests a
zoning change or a development issue. This is not a request for a zoning change as the buildings
are existing. The issue is; are buildings built correctly to building code requirements.
Ernie Evans stated the city does not have in the UDC an environmental impact statement. Soon
the city will have to make this a requirement to be added to the UDC.
Pia Jarman
Pia commented that we need to go back to correct parliamentary procedures in the way the
Commission is wording motions. Streamline the wording and not make the motions
unnecessarily complicated.
In the BOA discussion on selection of applicants, Ted Duigon mentioned that being the first to
be interviewed, he was in the room when the P & Z Commissioners were in discussion and he
felt awkward. In the future, she suggests that all applicants leave the Conference Room including
the first to be interviewed and then be called in.
David Richmond
David wished everyone Merry Christmas and thanked Pia for the Spring rolls. He will miss both
meetings in January. He will have surgery.
Ken Greenwald
Ken commented on the tree lighting. It was very nice. The overall city looks good.
Steve Simonson
Steve passed out maps on the traffic count for the city and how it has grown from 1995 to 1996.
You can get an idea of how the traffic is growing. The city is also getting traffic counts for Green
Valley Rd. The City has a busy 1998 schedule.
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Ernie Evans
Ernie hoped that the Commission did not let Mr. Bakke down in their proposed project. The
general consensus is good but not the area. Steve Simonson reiterated the concerns discussed
previously, concerning the issue. Ernie asked about the Rayco sign. Steve Simonson commented
that Rayco would be cited. They have been asked to remove the sign. Ernie asked, if there is any
word on the Funeral Home. Steve replied no word from the Funeral Home, Taco Cabana or Taco
Bell.
Ernie wished everyone a Merry Xmas. David Richmond's assessment is correct for the first
meeting scheduled for the January, it's going to be an interesting meeting. He hopes everyone
does their homework.
Ernie commented that Jeff Zunker from Garden Ridge Pottery said they are committed to growth
in the production facility sometime in January or February 1998 somewhere in the vicinity, at the
facility here or San Antonio etc. He hopes the growth takes place here in the vicinity. They plan
to add 40 to 50 thousand square feet of production area. Ernie was told that the facility moved
out 126,000 arrangements, running two shifts inside of three months and the stores were calling
in that they had run out of merchandise to sell. If the growth takes place, it could generate about
60 jobs.
#11 Adjournment:
David Richmond moved to adjourn the meeting. Gary Wallace seconded the motion. The
meeting adjourned at 9:20 p.m.
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Chairman, Planning and Zoning tommission
ATTEST:
Planning Secretary, City of Schertz
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