08-27-1996
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PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in
session on Tuesday, August 27, 1996 at 7:00 p.m. in
Andrews Municipal Complex Conference Room, 1400 Schertz
Schertz, Texas. Those present were as follows:
regular
the Bob
Parkway,
PLANNING & ZONING COMMISSION
CITY STAFF
PIA JARMAN, CHAIRWOMAN
DAVID RICHMOND, VICE-CHAIRMAN
MERWIN WILLMAN, SECRETARY
TONY MORENO
KEITH VAN DINE
ERNIE EVANS
GARY WALLACE
KEN GREENWALD, COUNCILMAN
STEVE SIMONSON,
ASST. CITY MANAGER
DENISE GRANGER,
PLANNING SECRETARY
MEMBERS ABSENT
OTHERS PRESENT
Tom Bolin, Don McCrary &
Associates
Herb Rehmann,
S.C.U.C.I.S.D.
Brad Galo, Greenshire
Doyle Woodman,
2107 Persimmon Drive
Byron Steele,
S.C.U.C.I.S.D.
Byron Nichols, School
Board Member
Ben Coward, Flagship
Home
Morty Prewit, PCS
PRIMECO
Amelia Lopez-Phelps, PCS
PRIMECO
#1 CALL TO ORDER
Chairwoman Pia Jarman called the August 27, 1996 regular meeting to
order at 7:00 p.m.
Chairwoman Pia Jarman commended the Commission, and in particular,
the Vice-Chairman David Richmond on an excellent meeting during her
absence. She listened to the tapes of the entire meeting and, felt
all the Commissioners had made such relevant contributions. She
especially appreciated Gary Wallace's humorous and pertinent
comments.
#2 APPROVAL OF MINUTES:
Public Hearing and Regular Session August 13, 1996.
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Denise Granger requested that the following corrections be made:
on page three, fourth paragraph, from the bottom the word "of"
should be "from"; on page four, top paragraph, last sentence, the
word "fence" should be "shed"; page five last paragraph, the
second sentence, should read "be 20 by 20".
Merwin Willman moved to approve the public hearing and regular
session minutes of August 13, 1996 as corrected. Keith Van Dine
seconded the motion which carried as follows:
AYES: David Richmond, Merwin Willman, Ernie Evans, Gary Wallace,
Keith Van Dine, Tony Moreno.
ABSTENTION: Pia Jarman. (Due to absence at said meeting).
#3 STATUS OF FINAL PLATS:
Chairwoman Pia Jarman stated final plats signed for August were as
follows: Carolina Crossing Unit 1, Ashley Place Unit 3, Berry
Creek Unit 1, Windy Meadow Unit 3, and Windy Meadow Unit 4.
#4 CITIZENS' INPUT OTHER THAN AGENDA ITEMS:
There were none.
#5
CONSIDER AND TAKE APPROPRIATE ACTION: Request from Don
McCrary, McCrary & Associates for Final Plat
Approval for Ashley Place Unit 4. (PC #273-96)
Steve Simonson stated the plat had all the necessary signatures
required for a final plat. Ashley Oak Drive is shown going through
to FM 3009, providing a secondary access into the property. This
will be just north, parallel to the current access of Autumn Winds
providing this subdivision with probably the best access of any
subdivision in that area.
Merwin Willman mentioned this will provide another thoroughfare
from FM 3009 to Schertz Parkway. Merwin asked about the extension
from FM 3009 which states the ROW varies. Isn't this strictly a
60' ROW?
Tom Bolin stated there was a problem with the adjourning tracts.
It is not a perfectly parellel property line, there being as much
as a 1.82' differential from the 60' at a point in the ROW.
However the ROW is at no point less than 60'.
Tony Moreno moved to approve the final plat submitted from Don
McCrary, McCrary & Associates for Ashley Place Unit 4. Gary
Wallace seconded the motion which carried with a unanimous vote.
#6
CONSIDER AND MAKE RECOMMENDATION: Request from
S.C.U.C.I.S.D. for a Specific Use Permit for an
Intermediate School in Greenshire. (SUP #9-96)
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Steve Simonson stated this is a new site plan for this Intermediate
School which includes the ROW from Green Valley to Woodland Oaks
Drive. There is a buffer for the houses in Royal Oaks. There will
be a sidewalk included. The agreement with Brad Galo was that the
road had to go from Greenshire to Woodland Oaks Drive, provide a
traffic turn around and bus turn around so everything would not
come up Woodland Oaks Drive and turn around and go back to Woodland
Oaks Drive. The traffic generated from the school would cause
Woodland Oaks to suffer. There has been talk with the school board
formally twice lately, and in the past year and half repeatedly.
If the school is going to be authorized, there must be a connection
from Dietz Road for Dove Meadows, Thistle Creek, and Deer Creek
that will connect with Woodland Oaks Subdivision. This plan had
been agreed to verbally but there is nothing in writing from the
developers for Deer Creek. There is, however, a letter from ABG
Investments (Brad Galo) stating if he could get any relief on the
rest of the park fees, that he is committed to building the new 60'
ROWand building a 24' road with a sidewalk from Woodland Oaks
Drive to the end of his property line when he develops Unit 5.
Pia Jarman asked Steve Simonson to show everyone present what is
being discussed about on the map that was provided by the school.
Steve Simonson showed the location of the Intermediate School, and
Woodland Oaks Drive. At the top is Green Valley Road, Royal Oaks
Subdivision, Woodland Oaks Drive, Greenshire Subdivision and the
end of the City limits of Schertz. This would provide on the east
side of FM 3009 a Junior High School, Elementary, and Intermediate
School. All of the previous agreements that we have had in talking
a year ago, and the reason we changed our road master plan was to
accommodate the scenario for a road which would eventually connect
with the overpass of Wiederstein Road. Something to take all of
the pressure off not only FM 3009, but also off the subdivisions.
If the road does not go through to Green Valley we will have
everyone going out to FM 3009 this being the only outlet. What the
school plan shows right now is a road from Green Valley Road to
Woodland Oaks Drive. It shows their property only goes so high but
not to the end to meet with Green Valley Road.
Steve Simonson stated there is a letter from Brad Galo stating if
the Commission makes a recommendation for and if City Council
approves the school site, Mr. Galo would like relief from the
remaining park fees for the Greenshire Subdivision. This amounts
to about $37,000.00 and Mr. Galo will provide the 60' ROW, 24'
road curb and gutter with a 4' sidewalk adjacent to the road. This
would be from Woodland Oaks Drive to his property line just below
the school site.
Pia Jarman asked about the part of the road on the map where there
has been absolutely no comment north of the school site to connect
to Green Valley Road. As of now, we do not know who will pay for
this portion? Steve Simonson stated "yes" this is correct.
Ernie Evans asked if the previous park land fees had been paid for
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. units 7, 5, 6, and 4 with this being a balance of about $37,OOO.00?
Steve Simonson stated "no" the park land fees for unit 4 have not
been paid. Fees for units 3 and 6 have been paid. Units 5 and 7
have not been platted but they are part of the letter with a
balance of about $37,000.00. Mr. Galo was granted relief for half
of the fees for the parkland because he donated 32 acres of
greenbelt to the Greenshire Subdivision.
David Richmond asked what 24' of paved road would give us, given
that this is not the full width of the road that we desire? Steve
Simonson stated this would provide two twelve foot standard lanes.
One going one way, one going the other way with a sidewalk on the
side of it. This would provide two twelve foot good lanes and
access for walking and biking.
Pia
the
this
that
Jarman asked the school representatives about the section of
road shown above the school property. Who will be building
section of the road? Dr. Steele stated he had no answer to
question.
David Richmond
stated the whole
This road will
about 2,200'.
mentioned this is Greenshire property. Brad Galo
60' ROW is being dedicated to the City of Schertz.
be from Green Valley to Deer Creek. This will be
.
Steve Simonson stated the letter from Mr. Galo refers to the
property in Greenshire but only from Woodland Oaks south. The
property above the school site is the one in question on who is
going to build it. Mr. Galo owns this property above the school
site to Green Valley. He has dedicated the 60' ROW but is not
going to build that portion of the road.
Dr. Steele stated if this is approved by the Commission and City
Council "are you saying the school district is expected to build
this section shown on school property of the road in the ROW?" Pia
Jarman stated "yes". Dr. Steele stated he would make this known
to the board of trustees if this request is approved. He said
generally, the school district does not build roads. Usually when
you buy a tract of land for 7, 8, or $9,000 an acre that is coming
out of a several hundred acre tract, you have to really cut your
way into it to get there. In this case this being an existing
subdivision he didn't think of the school district as a developer
as such, in buying a lot. If this should be approved under these
conditions it will be carried back to the board.
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Pia Jarman stated this certainly would be so and felt this had all
been discussed previously. Ernie Evans confirmed Pia's statement.
Pia Jarman stated when this request was first brought before the
Commission and then another request was brought forward, both were
disapproved. The deal was that this time the school district would
come back and agree to build that portion of the road. This is why
the Commission is questioning the portion of the road outside the
school's property.
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David Richmond stated the following for those who were not at the
previous meeting, now that we are being asked again to approve this
request. When we reconsidered this request several meetings ago in
the presence of a school representative, the concern that this
Commission had was that the school representative's comments on the
road was that maybe in about ten years the school will consider
paving that portion of the road. The consensus all along on the
part of the Commission is that the school should not be built in
the Greenshire Subdivision, without concurrent development of the
road, taking pressure off Woodland Oaks and FM 3009. This has been
the intent of this Commission, and which Mr. Simonson has
understood for well over a year and a half with the on-going
discussions with the school board over this piece of property. It
is difficult for David to understand why we are continually asked
to consider a request which does not include the road building as
part of the entire construction process. This has basically been
the concern of the Commission for as long as we have formally or
informally been aware of this proposal, and we felt we had properly
conveyed it through the school representative at the meeting when
the request was tabled initially.
Merwin Willman stated there is still another piece of road that we
have no answer to. If the school is going to build up to the end
of their property line who is responsible from the school property
to Green Valley Road. Until this is worked out Merwin doesn't feel
this request should go any further. The whole road business needs
to be settled on who is going to do what.
Ernie Evans stated the other question is if the School Board has
addressed the interconnect from the corner of Greenshire down to
Deer Creek's existing ROW.
Dr. Steele stated that there is an understanding that the Deer
Creek developers have agreed to do that.
Ernie Evans stated he has nothing in writing that he could take
back to the developers six months from now to remind them of this.
Pia Jarman stated it would be to the best interest of the school to
have such a document otherwise there is no point in the road just
ending without servicing the people who are going to be living in
the Deer Creek and other Subdivisions
David Richmond stated this also would be a concern for the City of
Schertz and Mr. Galo. If Mr. Galo is willing to contribute
$37,000.00 to building his portion of the road and the City is
willing to give up $37,000.00 of parkland fees and we have a road
that goes nowhere, we haven't accomplished a thing. This will
still cause people to use Woodland Oaks Drive and FM 3009.
Doyle Woodman asked if in the intent of the City is to build the
road in this location to come back to the overpass that is going to
be going in at Wiederstein. If so, the school really has no effect
on this road other than the fact that there should be a connection.
Does the City want to build this road to take the pressure off FM
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. 3009 to connect with the overpass that will eventually go in?
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Merwin Willman stated at one time there was going
higher up but this may not happen. Woodland
discussed as going through to FM 1103, but with
Royal Oaks, this could not happen.
to be an overpass
Oaks Drive was
the dead end in
David Richmond stated in the current master plan for Greenshire,
without the school shown, a road is not shown there. The only
thing that has prompted the Commission to consider the road has
been the school and the creation of a neighborhood school concept
(idea submitted by the school district) that would need such a
road.
Keith Van Dine asked Steve Simonson to show on the map if the road
did not go through how the school plans on getting the children to
school. Steve Simonson stated the traffic would come down Woodland
Oaks Drive to the school drop them off and turn around and go back
down Woodland Oaks Drive. If all the other homes are built in the
area, there is literally a dead end. There is no other school
built in our City or any other City around that Steve knows of with
what amounts to a dead end traffic pattern. Woodland Oaks Drive
has the capabilities of handling the traffic and there are no
houses that face Woodland Oaks, but on the other side we know that
there are going to be more houses built in Cibolo in the Cibolo ETJ
area. Now if someone is late having missed the bus and the parents
need to get the child to school and there is no road to get to the
school coming down Green Valley road, what is going to be the
faster way to get there. They will drive down Green Vally loop
through Royal Oaks. This will compound that problem in this area.
None of the subdivisions in Cibolo's ETJ have been thought out with
a master road plan of any kind. There are no good roads on the
east side. In planning you have to think long range. These
schools are going to be built and they are going to be there for a
long time. Either we provide transportation network or the
congestion will just build and build. Steve Simonson stated this
was his viewpoint over a year and half ago in the original meeting
about the schools.
Ernie Evans stated this was the consensus of the Commission at the
meeting with the school representative being present. The concerns
about the traffic were explained and the problems that Steve has
addressed and also the concerns of the Commission that there was no
plan for the future on how to deal with these issues.
Merwin Willman stated the biggest problem is we need clearer
answers on the road from Green Valley Road to Dietz Road. Until
there is written confirmation for the construction of this road he
recommended this request be tabled.
Ernie Evans stated modifications will have to be made in the letter
from ABG Investors stating the road has been dedicated etc.
Keith Van Dine stated he understands the whole project to be a good
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. project. The only thing holding this up is a strip of road.
Merwin Willman stated that is so because of the traffic problem it
will create in the future. If we do not have the road to take the
pressure off of FM 3009 there is going to be a mad house with the
traffic.
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Doyle Woodman stated Mr. Simonson is right in regards to the road
between Woodland Oaks and Green Valley. Royal Oaks residents are
not crazy about the whole project, which has been made clear,
obviously. They have chosen to accept the project but if the road
is not built in some manner, then Royal Oaks is going to be a cut
through and so will Greenshire. Neither of the streets were
designed for this type of traffic.
Byron Nichols, school board member,stated that on several issues
there were several people working on a school site. There was an
analysis done on different sites that were available and this site
consistently came out as the number one choice. It was the board's
choice as a school site with or without the road system. The board
can visualize what is going to happen somewhere between FM 3009 and
North Cliff and IH 35 coming down. The school board cannot decide
where roads are going to be built. It cannot work with this
developer and tell him to build the road in the lower section.
This is not the board's job. In this meeting there has been
reference to the school board and its members having been here.
"You need to be conscious that the school board is seven members
and not all are present at the meetings." Mr. Nichols stated he
has had no communication on anything the Commission has decided
relative to the site. He requested if something specific is
decided that the school board members be given a letter and that
copies are available to all seven members. "This school site is
viable to us with or without the roads. We do recognize that it
will be more meaningful and viable if the roads exist. Maybe we
were presumptious in assuming that with a combination of
suggestions and good planning, someone would make these things
happen."
David Richmond stated that the minutes and attendance list of who
has been at previous meetings will be included with the information
passed onto the school board members.
Gary Wallace stated the City does not build roads as part of the
development of land. It is up to the developers to build the
streets. If the school district is thinking the City should build
roads this is just not going to happen. A good example of this is:
there was a proposed subdivision behind where the HEB is going to
be. It was turned down as it did not provide a throughway for
traffic. The developer went back to his plan and provided a
throughway.
Ernie Evans stated the Commission is not asking the school board to
build a road from the Woodland Oaks down to the Deer. Creek
property. "We are asking you to get this commitment and bring a
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written confirmation on who is building what.
property or south of the property is part of
request coming to the Commission. These
addressed just like it was addressed here".
What is north of the
the school board's
things need to be
Tom Bolin stated he works with the developers from the Deer Creek
Subdivision. The developer is very anxious to put in this road.
Whether it is on the the map shown or not, this road is going to be
built. If this is needed in a letter just let him know what type
of format and it will be presented. The road is on record in
Cibolo on their master plan. Will this be sufficient for the
Commission? Steve Simonson stated "yes" a copy of such a record
for the Commission would be accepted.
Brad Galo stated if he is going to dedicate the ROW to the City of
Schertz he has asked Deer Creek developer to also dedicate his
portion, so the dedication would all be there.
Ernie Evans stated, if all the letters are in hand as just
discussed, the portion of the road north of the school site is the
last issue. Even though the property, is being dedicated, the road
is not being completed from the schools property line to Green
Valley Road.
Steve Simonson stated this is about 400' remaining.
. Merwin and Ernie both agreed that they would like a commitment in
writing before approving the request.
Pia Jarman stated this request could be tabled, stipulating, for
example until 1, 2, or 3, conditions are met which could take
anytime... six months ... a year. There would be no time limit.
Byron Nichols asked if the Commission could approve it contingent
upon the conditions. Pia Jarman stated if the motion is made in
that way and it passes.
Byron Nichols stated they are going to open the Intermediate School
next year on the other side of FM 3009. In dealing with this,
every day that of delay sets the building back six months. This
really needs to be built soon.
Ernie Evans stated if the request was approved
contingencies and the information was not brought back
plans he would not vote for it.
with
with
the
the
Byron Nichols stated the school board would not come back before
the Commission until all the conditions have been met.
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Steve Simonson stated this is a Specific Use Permit (SUP). If the
Commission were to vote with contingencies, that information would
have to go to City Council. Because of the budget work load the
public hearing for this request would not be until October 1, 1996.
This would give the school about a 30 day window to provide all the
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information needed.
David Richmond reminded the Commission that it is unfortunate that
the heat is being put on us, when the very same school
representative here at the last meeting stated that they recognized
that they are very far behind the power curve and they should have
been bringing this to us probably two years ago. But because of
their inability to do so, they are now asking the Commission for
special considerations to do this and for us to hurry up. "I don't
think it is in the best interest of the City of Schertz to be
placed into this position for whatever reason. There may be some
valid reasons why the school board has not been able to make this
presentation to us according to their earlier time table. The
Commission has every legitimate reason to expect to have the
situation of the road building concurrent with the building of the
school resolved, before we approve the request and pass it on to
City Council. If this means tabling until another meeting to get
all of the information together in writing as indicated at this
meeting, I would strongly recommend to the Commissioners that we
advocate that and recommend we table".
Merwin Willman stated he agrees with David but wishes to add in the
motion, that the request would be approved providing a written
confirmation is received by the public hearing date of October I,
1996. If this information is not received the request would have
to be disapproved as the public hearing would have already been
scheduled.
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David Richmond stated he does not feel this issue should be taken
out of our hands and passed onto the Council when we have
endeavored to do our part for the City to make it very plain what
the concerns were. We may not have sent a letter to the school
board but we have had school representation here, who have had an
understanding on what the sense of the Commission has been. They
were requested to take this back to the board for consideration
during a special session which was indicated to us would occur, or
a regular session. However many weeks have lapsed is not our
concern. The fact is we are back together again and we still are
confronted with the exact same situation that we faced the last
time. This is inexcusable.
David Richmond stated he would be reluctant to pass this out of our
hands. We have every right to be able to consider this request
fully documented, with the road supported by various developers.
This will give the City a matter of record to support this SUP
request that the road, concurrent with the school, will be
constructed from Green Valley Road all the way down.
Pia Jarman stated we would be negligent if we were to send this to
City Council asking them to look out for these stipulations. This
is the Planning and Zoning Commission's job, not the City
Council's.
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David Richmond asked if the Commission were to table this request
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would there be time for the school to resubmit before the October
1, 1996 public hearing?
Steve Simonson stated if the request is tabled now and if
everything that is requested is resubmitted by our next meeting on
September 10, 1996 and it is approved, there will be sufficient
time to be able to have the public hearing for October 1, 1996.
Merwin Willman moved that this request submitted by S.C.U.r,.I.S.D.
for a Specific Use Permit for an Intermediate School in Greenshire
be tabled until the Commission receives written confirmation on who
will provide construction of the road from Green Valley Road to
Dietz Road. Tony Moreno seconded the motion which carried as
follows:
AYES: Pia Jarman, David Richmond, Merwin Willman, Ernie Evans,
Gary Wallace, Tony Moreno.
NAYS: Keith Van Dine. Keith Van Dine stated the reason he is
opposed is because the Commission has approved requests with
conditions before, and it has not been a problem. He felt we could
handle the business at this time as in the past.
#7
CONSIDER AND MAKE RECOMMENDATION: Request from PCS PRIMECO
Personal Communications, Inc. for a Specific
Use Permit for a Cellular Tower. (SUP #8-96)
.
Steve Simonson stated this request is in an area that is zoned PD
(Pre-Development) as such, so this request has to be for a SUP.
This is all along FM 1103. The only place that this type of tower
is authorized without SUP is M-1 areas. There is a letter from the
Pastor of the Cibolo Valley Church stating when they met and how
they voted on this request. The church stated us that everyone was
in favor and felt it would be beneficial to the church. The fees
have been paid. The location will be on the back of the church
property. Also PRIMECO is not part of AT & T or Southwestern Bell.
They are a new company moving into the area. They are primarily
moving along the IH 35 corridor. Based upon the City's time
schedule they are requesting the City Council have a public hearing
before October 1, 1996.
Gary Wallace
City. Steve
overpass, the
West Pre Cast.
asked where the other two towers are located in
Simonson stated there is one almost at the FM
other tower is located on FM 3009 in front of
the
2252
South
.
Steve Simonson stated there has been legislation in the Federal
Government that appears it may be taking control over these towers.
These are the first in a series of towers with the next
communications towers being a lot more mini towers. We can control
these by our site plan and zoning ordinance. The communications
industry is trying to modify this type of control.
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Merwin Willman stated
ordinance correctly,
without a variance.
asking for a SUP.
the tower is about 180', if he is reading the
40' is the maximum height for an antenna
Steve Simonson stated this is why they are
Amelia Lopez-Phelps stated this is the first time she is working
with the City, and she did not know there needed to be a variance
request included. Monty Prewit who is with PCS PRIMECO
Communications was present and qualified to answer any questions or
comments as Ms. Lopez-Phelps stated.
Steve Simonson stated in the Ordinance under specific land use,
there is a tower listed, which would fit into this description, but
if the Commissioners want a variance it can be put in. It is not
needed, this is why we have the SUP and site plan. The 40' height
addresses antennas in residential districts.
Gary Wallace moved to recommend for approval to City Council the
request from PCS PRIMECO Personal Communications, Inc. for a
Specific Use Permit for a Cellular Tower. Keith Van Dine seconded
the motion which carried as follows:
AYES: Pia Jarman, David Richmond, Ernie Evans, Gary Wallace, Keith
Van Dine, Tony Moreno.
.
NAYS: Merwin Willman. He stated the reason is, the company should
be required to request a variance for the height of the tower.
#8
CONSIDER AND TAKE APPROPRIATE
PRIMECO Personal
Plan Approval
(PC #280-96)
ACTION: Request from
Communications, Inc. for
for a Cellular Tower.
PCS
Site
Steve Simonson stated this site plan is different than most but it
does have the pertinent information that is required. They show on
the site location the 18' ingress and egress non exclusive utility
easement where the tower will be, in relation to the entire block
of the property. There is a vicinity map project description on
the second page. It shows the actual description of the tower.
Ernie Evans stated on the first page the scale map shows 1" = 50'
if that is true this puts the tower, if it falls, in the middle of
the power lines.
Monty Prewit stated the self supporting tower is a three legged
tower with each leg having a pier down about 20 to 25' with
concrete and rebar. If this tower were to fall, and he can't
forsee this happening even with high winds the church would be gone
first. When we build these towers we build them stronger than our
needs are. This tower will not have any guy wires. The legs will
be 18' wide each on a square area.
.
Merwin Willman questioned is the Commission going to approve the
site plan before the SUP approval? Steve Simonson advised it would
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. be contingent on the SUP being approved by the City Council.
Keith Van Dine moved to approve site plan request submitted by PCS
PRIMECO Personal Communications, Inc. contingent upon the SUP
approval by the City Council. Gary Wallace seconded the motion
which carried with a unanimous vote.
#9 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Flagship
Home, for Approval to place Bandit Signs on FM
3009 for Berry Creek Subdivision. (PC #281-96)
Steve Simonson stated this is a request for bandit signs on FM
3009. Flagship has received a copy of the zoning ordinance and the
new UDC on the restrictions on the signs for FM 3009.
Merwin Willman commented that he sees no problem as long as they
conform with the ordinance for bandit signs.
Pia Jarman asked if the phone number on the letter is the contact
number. Ben Coward stated the address and phone number are
correct.
Ernie Evans asked about a previous side discussion that involved a
request to send a letter to the state, not being able to locate
this information, Ernie was not sure what the consensus was of the
Commission on this.
.
Pia Jarman stated the state sent a letter that the signs be removed
off FM 3009 as this is a state highway. There was a discussion but
she also did not remember the outcome.
Steve
piece
signs
leave
Simonson stated there was a discussion and also there was
in the paper about San Antonio adopting our ordinance
and trying to get the state to approve it. We decided
it at that.
a
for
to
Tony Moreno moved to approve the request submitted by Flagship
Home, to place Bandit Signs on FM 3009 for Berry Creek Subdivision
in accordance with our ordinance. Keith Van Dine seconded the
motion which carried with a unanimous vote.
#10 GENERAL DISCUSSION:
Tonv Moreno:
Tony Moreno stated he had no comments.
Keith Van Dine:
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Keith Van Dine stated this has been a confusing meeting. If
Flagship Home was sent all of the information why did they still
have to come before the Commission?
Steve Simonson stated this is how the ordinance is written that
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. only Planning and Zoning can authorize the bandit signs.
Keith Van Dine asked about the water rates going up. With the
continuing of a lot of rain, if the water should get replenished,
will the water rates go down? Councilman Ken Greenwald stated
"yes" they would go down. The block rate is based on the stage
that the City is in.
Gary Wallace:
Gary Wallace stated he had no comments.
Ernie Evans:
Ernie Evans reminded those involved in the Comprehensive Plan that
there is a meeting on Thursday night August 29, 1996 at 7:00 p.m.
Merwin Willman:
Merwin Willman stated with all the talk about the road from
Woodland Oaks Drive to Dietz Road there is going to be an awful lot
of traffic once the road is put in. He would like to make a
recommendation that the Commission recommend to City Council that
with the increase of traffic with the school, and the road from
Dietz Creek completed, that Woodland Oaks become a dead end street
at the City limits to reduce a lot of the traffic on Woodland Oaks.
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Pia Jarman asked Merwin to draft a letter to City Council on behalf
of the Commission. Merwin stated he would draft such a letter.
Merwin Willman wondered if the City should go to the state and ask
for their permission for the placement of the bandit signs.
Steve Simonson stated the state has not contacted the City about
the signs. It has only contacted the developers as they were out
on a City holidy which was not a state holiday.
David Richmond:
David Richmond stated relative to our school discussion tonight, if
we are going to send a letter he would request that we make it
plain and attach the minutes of the meeting in which we requested
Mr. Rehmann to provide the information to the school board.
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Da~id Richmond stated the one thing that was not addressed this
evening is Brad Galo's request in his letter to waive the remaining
park fees in favor of him developing his portion of the road. If
the process for the payment of the park fees is such that when we
finally approve a plat then the developer should pay the park fees
for that particular plat. If there are plats that have been
approved and he has not paid the fees, he is delinquent. David is
not sure we ought to consider those park fees as part of those that
Brad Galo now asks the City not to have to pay.
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Steve Simonson stated based upon Mr. Galo's best guess at $112.50
per lot on how many lots Mr. Galo expects to build with the school
site, is where the calculations come from. This will include the
amount owed on Unit 4. If the Commission wants the parkland fees
paid at the time of the final plats this will be no problem. What
has happened in the past is if the fees have not been paid then the
plat does not get recorded. The only outstanding plats not
recorded are Units 6 and 4. The park fees have been paid for Unit
6 but not for Unit 4 which is about $8775.00. Units 5 and 7 have
not been platted as yet. Mr. Galo is including in his price Units
4, 5, 7 and the rest of the property not yet developed. Mr. Galo
has promised if he is granted the waiver he will build the 24' road
with the curb and sidewalks. Steve Simonson stated he will contact
Brad Galo and ask him to make it clear on what exactly he will be
building for the road and also stating he is dedicating the part of
the road north of the school.
Ernie Evans stated "forgiving" the parkland fees to be collected on
future plats is one thing. To say that we want to go back on
something that was done six months ago as with the ones already
platted, like David, he feels this is a different issue. Ernie
believes the money is already owed to the City. It is a condition
of the plats that were approved. In giving this money "away", we
are rejecting approval of the plats.
Steve Simonson stated he informed Brad Galo that he could request a
waiver but Steve did not know if it would be granted for the plats
already platted and under construction. Whatever the Commission
wants, Steve will go back to Mr. Galo and explain in detail what
his letter has to say. He will also inform Mr. Galo the fees for
Unit 4 are delinquent.
David Richmond stated he considers the fees to be delinquent
regardless of the recording issue. It was always David's feeling
the fees were due when the final plat was approved.
Ernie Evans stated in the letter to the school board it needs to be
made very clear if the school board does not address the road above
their property to Green Valley Road, there won't be a complete
answer. This was conveyed to them before.
Pia Jarman:
Pia Jarman stated she had no comments.
Councilman Ken Greenwald:
Councilman Ken Greenwald stated the City Council does want to have
a sit down meeting with the Commission but it is going to have to
be after budget time. The Council is now scheduling extra meetings
for the budget to be able to meet the time tables. The City Manger
has been sick for the last week. The meeting may not be until
October or November.
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Councilman Ken Greenwald stated the UDC is half way there. It was
passed on the first reading with a few minor changes. It should
pass next Tuesday.
Councilman Ken Greenwald mentioned that the 121 acre development
that was turned down is being reconsidered and discussed at
tomorrow night's workshop. This request will probably come before
the City Council again within the next couple of weeks.
Steve Simonson:
Steve Simonson mentioned
questionnaire filled out,
them.
if any of Commissioners has the
please pass them in and we will
APA
mail
Steve Simonson asked if everyone is going to the conference. The
Commissioners that are going all stated that they will not be
attending any other workshops. Steve mentioned that a room has
been rented for Thursday night's gettogether or if anyone wants to
"rest". Steve's suggestion is that we can go to the conference
site either in two cars as he is capable of taking five people.
Steve Simonson stated he attended the MPO meeting. One of the
items presented to the MPO was a major investment study that they
have been having for some time. Basically what is going to happen
and what are the best things to go for the IH 35 corridor from
downtown to 1604. After public hearings, the suggestions have been
to put in some express lanes and to widen it. The one issue looked
at the most, was for safety and operation improvements which are
the interchanges and express lanes. There was a lot of discontent
with the MPO on this suggestion, that they limited their scope and
weren't really looking at a 20 year window of the changes possible
of lifestyle and needs in the area. Basically all they are saying
is "business as usual" and "we will get you through the City".
There was also no consideration of changes in lifestyle concering
technology changes. There is a growing movement now on both the
west and east coasts. There has been literature in the planning
magazines concerning electronic communication. There was no
communication of educating the public. The MPO was not real happy
with the proposal and there will be more information and
suggestions with other considerations and modes of transportation.
Steve Simonson stated as of yesterday development of Green Valley
Road to Woodland Oaks Drive was promised by the school to him. All
the information that the Commission passed on to them verbally
Steve passed on in a letter and Steve has talked intensively with
the principals involved with whom he is dealing with, i.e.
district employees. Steve has made two briefings concerning this
before the board on our feelings on the need for this road.
#11 ADJOURNMENT:
David Richmond moved to adjourn the meeting. Gary Wallace seconded
the motion, which carried with a unanimous vote.
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. Chairwoman Pia Jarman adjourned the meeting at 9:25 p.m.
The next regularly scheduled meeting is September 10, 1996.
".
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Chairwoman, Planning and Zoning Commission
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ATTEST:
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Planning Secretary if--"
City of Schertz, Texas
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