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10-08-1996 . . . . . PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, October 8, 1996 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 PIA JARMAN, OUTGOING CHAIRWOMAN ERNIE EVANS, CHAIRMAN DAVID RICHMOND, VICE-CHAIRMAN MERWIN WILLMAN, SECRETARY TONY MORENO KEITH VAN DINE GARY WALLACE KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT # 1 CALL TO ORDER Janet Sammann, Backyard Adventures Bill Paschal, 105 Moss Ridge Darwin Peek, 835 Maske Road Herb Rehmann, 1105 Antler Bryon Steele, 1060 Elbel Road Charles McDonald, 2629 Cotton King Earl Sawyer, 512 Aviation Janice Gangawer, 1060 Elbel Road Frank Surovec, 212 Mitchell Ave. W.J. Edmonson, 605 Aero Ave. Ken Kuglmann, Schertz Methodist Church Linda & Bob Pope, 104 Mesquite Chairwoman Pia Jarman called the October 8, 1996 regular meeting to order at 7:00 p.m. 12 APPROVAL OF MINUTES: Regular Session September 24, 1996. . . . . . Merwin Willman moved to approve the Regular Session minutes of September 24, 1996 as written. Tony Moreno seconded the motion which carried with a unanimous vote. #3 STATUS OF FINAL PLATS: Chairwoman Pia Jarman stated the final plat mylars signed for the month of October will be given at the end of the month. #4 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. #5 ELECTION OF OFFICERS: A. Chairman B. Vice-Chairman C. Secretary Merwin Willman moved that item # 5 be placed on the agenda after item #10. Keith Van Dine 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) (Tabled 8/27/96 and 9/24/96) Steve Simonson stated the letter from Dr. Springer was provided in the packets for the Commissioners. There also was a copy of Steve's original letter to Mr. Rehmann. The letter from Mr. Rehmann, the letter from Rudy Farias and Chuck Balcar of Cibolo, Perry Blanton, Captex Development Co., and Brad Galo are part of this package. Pia Jarman stated at the last meeting of this Commission, September 24, this particular request that had been tabled was not taken off the table as a result of voting because it was felt the ISD did not respond to requests of the Commission. At this time in view of the letter of response from the lSD, and other letters, Chair entertained a motion. Ernie Evans moved that the Commission take from the table the SUP request submitted by the S.C.U.C.I.S.D. as an attempt has been made by the ISD to address the conditions of the tabling that was imposed by the Commission. Tony Moreno seconded the motion which carried with a unanimous vote. Pia Jarman this time. asked if any of the Commissioners had any comments There were no comments. at Pia Jarman mentioned the memo from her addressed to the Commission referencing the letter of September 26, 1996 from the S.C.U.D.I.S.D. Pia Jarman stated she felt a reply was needed. It -2- . . . . . is her understanding of Article 3, Sec. 51 of the Texas constitution that it reads, in part, "The Legislature shall have no power to make any grant or authorize the making of any grant of public monies to any individual, association of individuals, municipal or other corporations whatsoever." Article 3, Sec. 52 of the Texas constitution reads in part as follows: :"...the legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to become a stockholder in such corporation, association or company. . . " She continued that while these provlslons of the Texas constitution generally prevent political subdivisions such as a city or a county or a school district from giving away public funds, the transfer or paYment of money for a public purpose with clear public benefit received in return does not amount to the lending of credit or a grant of public funds in violation of the Texas Constitution. Merwin Willman items reported Legislature, to else and this power and also the subject. commented he may be reading it wrong but the two by the State Constitution states that the him is the state not the school, city or anyone would not pertain to us. The Legislature has no no power to authorize. This does not seem to fit Pia Jarman stated that from advice received from the City Attorney, her reading is that the school district has the legal authority to spend school district funds, be it bonds voted by the public for the specific purpose of developing a site, or general operating funds, for necessary street improvements as part of a school consturction program. In fact the record would clearly show that funds have been expended by this school district to improve streets around the school site in the Savannah Square Subdivision. Merwin Willman stated that the Commissioners' packets include comments from the Deer Creek and Greenshire developers that they are willing to build their portion of the road. Ernie Evans disagreed with this in either case. He stated in the letter from the school district, it covered the Greenshire site. In the Greenshire letter that was originally submitted on August 22, 1996 Brad Galo stated one thing. The letter received from Brad Galo on September 27, 1996 states "The right of way is dedicated from Dietz Road through Deer Creek." Mr. Galo, however, wants in writing that the rest of the road will be built from the Greenshire property through the Deer Creek area and that Mr. Galo is no longer building or paying for a road through that portion of Greenshire that he was originally offering to build. Mr. Galo has withdrawn his original statement offering to build the road through Deer Creek to Woodland Oaks. So in fact # 3 of the letter from the school board is not answered as Mr. Galo has taken this option out. -3- . . . . . Merwin Willman asked about the reference on a letter from Mr. Rehmann. Ernie Evans our packet. writing that discussed for Valley Road. stated there is no Also Mr. Galo someone will put the road to go letter to Mr. Rehamnn included in stated in his letter he wants in in the minimum that was previously from Deer Creek through to Green David Richmond stated in the letter from Mr. Blanton, CAPTEX, he is being contradictory. In the first sentence he writes that "this letter is to serve as our commitment to extend Deer Meadow Boulevard roadway through our community to Greenshire." He then writes "We also would be willing to work with the school district to finalize the alignment and allow "them" to construct an all weather road to the Greenshire school site". This is not saying he is willing to do it. Who is "them" here? It would appear to be in reference to the school board. Ernie Evans stated Mr. Blanton is speaking for the Deer Creek development not the Greenshire. David Richmond stated it might be appropriate at this time to ask the school board representatives that are present if they would care to comment for the enlightenment of the Commission why we are having such difficulty in getting the School board to understand the requests that the Commission made in the tabling motion at the August 27, 1996 meeting. And why we are having difficulty in getting these conditions met. Maybe the board members see something here that we do not see and it would be appropriate for the Commission to understand just what the school board's rationale really is. Bill Paschal, Board Vice-President stated in Dr. Springer's absence he would like to address the Commission. He thanked the Commission for letting the board have a few words. The board felt it has been too long for the Commission and school board not to meet on a formal level, as for a long time, this has been worked through sub-levels. The board appreciates the Commission bringing this request back off the table for discussion. Bill Paschal stated that the school district prides itself on its relationship with the City. In his being on the board for 10 years, we really have not worked together. There is one notable project that is bearing fruit right now. Indirectly this is one of the reasons the board is here tonight. The school board is very happy to be partners in the Schertz Parkway Zone (TIF) for the benefit of developing Schertz Parkway. This program appears to be well ahead of schedule. Revenues being paid are about $57,000.00 and a projection in three years of contributing about $667,000.00 to the development of Schertz Parkway. He stated they are proud of this investment in the City. The goals of the school as well as that of the City would be to have a good quality of life for the City. With all of the housing coming into the City there -'i- . . . . . is a need for more schools. The site selection was done extensively for 18 months with well over a dozen sites considered. The site in Greenshire was brought back several times as a good site. At this point the board admittedly supports the Greenshire site. It took months of study and it was felt there is adequate access to this site with the existing two roads. With the third road coming up from the Deer Creek subdivision, this would provide for three accesses out of the four into the site. Bill Paschal stated the comment made about roads being built for Savannah Drive was a fact, as this was an unprepared site with no existing roads. The purpose for the Greenshire site was because it was developed and we would not have to do any more development. With the guidance we have gotten we feel this site will work. Obviously we need to come to terms tonight. Regarding the third roadway into the Greenshire site Dr. Steele or Mr. Rehmann could possibly answer this question. Mr. Rehmann stated it was his understanding in talking with Mr. Galo which was prior to the last meeting, that Mr. Galo still intends to build from Deer Creek up to Woodland Oaks Drive. What Mr. Galo is referencing to is, he will donate all of the land to build the 60' ROW from Green Valley Road to Deer Creek Subdivision, but he will only do this if the school also gets a commitment from the Deer Creek developer. Mr. Galo has never indicated to Mr. Rehmann that he would not be willing to build the road which would be a modified version 24' wide with curb and sidewalk being on the same side. Bill Paschal stated the board's position at this time is that they have met three of the four conditions. Pia Jarman read the letter from Brad Galo dated September 27, 1996. "In response to your letter to Mr. Rehmann we are willing to donate the right of way to the City of Schertz on the following conditions: Right of way is dedicated from Dietz Road through Deer Creek connection to Greenshire Subdivision; We need in writing the easement we are dedicating will be paved from Deer Creek to Green Valley Road; That the school site is sold to S.C.U.C.I.S.D." Ernie Evans stated he had talked with Mr. Galo. He means just what he stated in his letter of September 27, 1996. He will dedicate 60' of ROW but the original letter he submitted in August in which he agreed to do partial development of the 24' road, curb and sidewalk, he is no longer willing to do this. The reason for this being Mr. Galo stated is that he has gone through enough expense in replatting the area three times. He felt it was no longer cost feasible for him to donate, other than the ROW, the building of the roads at this stage. The only reason Ernie asked Mr. Galo was because as stated in Mr. Galo's letter, paragraph two is different than what he stated in his letter of August 22. The two letters contradict each other. In asking Mr. Galo for an interpretation of paragraph two, that was the interpretation given. -5- . . . If this is what we have to act on, then we have not yet completed our addressment of what is to happen. Mr. Galo states he is going to dedicate some ROW if something is insured to be built. We are still missing a part of this condition imposed by the Commission. We do now have in the package, the piece that addresses the section from Deer Creek Subdivision to the end of their property which we did not have in the first package. We are now missing the piece that goes from the Deer Creek property to Green Valley Road, which is what we had basically to begin with. This is now withdrawn as Mr. Galo will not build the 24' wide pavement, curb and sidewalk and this is what his letter means, based on the guarantee that someone is going to build the road. Pia Jarman stated in the last letter from Mr. Galo it was entirely different. He had requested that parkland fees be waived because of the dedication and building of the road. In the letter now, Mr. Galo does not indicate any of these issues. David Richmond stated for clarification, in case we do receive all the information that is missing, it is his understanding that the comments made in the school letter about the advice of the school counsel not to commit the school district to build a road, that even if we had the concurrence of the Deer Creek developer and Greenshire developer to build roads out through their subdivisions to connect Dietz Road to Woodland Oaks, that the school board still would not construct a road from Woodland Oaks to Green Valley. Bill Paschal stated that is correct. . Bill Paschal stated this issue has been debated a number of times. The school board believes that the advice of the counsel to be recognized. It was recommended to them that such an action would be in violation of state law. This is acting on the advice of their counsel, although the school district would be supportive of a road to the property and would work to resolve this problem with the ROW issue. The interpretation is it is not legal to build a road where one is not required as there already are two access roads to this site. It is the judgment of the board that such a road would not be provided for access. Merwin Willman asked what two directions of access Mr. Paschal was referring to? Bill Paschal stated he was referring to Woodland Oaks Drive to the front of Greenshire and to FM 3009, and from Royal Oaks to the back of Green Valley Loop. Merwin Willman stated that "if you have been down Green Valley Loop, in six months time with the busses running down there, the road will not be there. This is not a good road. I would not call this an access for the site". . Bill this Paschal stated this has been a problem to the school site is in several jurisdictions. There will -6- because only be . . . . . approximately 10 busses going into this area with the other children being able to walk to the school. "We were mandated by the district to build neighborhood schools in neighborhood sites." In looking at over a dozen different sites, this particular site in Greenshire seems to be the best site. It provides suitable access to a well provided growth area. Merwin Willman stated as far as access, it seems to him, because of Woodland Oaks Drive the school board feels this is appropriate access. It doesn't seem as if the school took into account how much traffic will be generated on FM 3009. Traffic is going to increase on FM 3009 quite a bit, two or three times a day on FM 3009. This will cause this intersection at FM 3009 and Woodland Oaks to be a very dangerous intersection. This is one of the main reasons why we want the road put in from Dietz Creek to Green Valley Road. This would help to take the load off FM 3009. Bill Paschal stated it is not the school board or school districts function to do a traffic analysis on FM 3009. Ernie Evans stated that it is the Commission's function and this is what the Commission has been trying to advise the school board for six meetings now. "We have no problem with the school site that has been selected, in fact we think it is the right site because of the growth pattern that is happening in this community and what is going to happen in Cibolo over which, obviously, we have no control. We think it is the right site but you have had representatives come before the Commission whom we have talked through. It is our job to look at the traffic and those pieces of it. " "We have tried to explain to the members of the school board different issues that affect the traffic patterns that affect the street constructions that affect where you can put traffic legally and safely and that we have the same concerns about your children. We are not getting down to addressing those issues. This is not a school board prerogative. Therefore, if we were working these issues jointly, then we need to address the concerns that we are going to continue to carry with the safety and public transportation issue. There needs to be more than a dead-end street, as you are taking a 60' street into a 30' wide street which would cause a safety concern. This Commission has taken a look at dead ending Woodland Oaks because of the problems we have with what is happening on the other side. We have been trying to talk this through with the board members that have been present at various times, and it doesn't seem as if the information has gotten back to the school board." Pia Jarman stated with the minutes and the letters sent to the school board they should know the feeling of the Commission. Bill The very Paschal stated the position of the Commission is very clear. school staff has articulated back to the school board members accurately. He asked the Commission to bear in mind the -7- . . . . . school board functions in the same way as the City Council does. The position of the letter from Dr. Springer is the position of the school board. If the school is not quite meeting, and understanding the Commission's statement, "if there is a way to get there from here after hearing our thoughts then this will be wonderful. If not then we certainly understand and appreciate being involved in the process". Pia Jarman stated on the preliminary school plan it shows the school bus drop off running into the road to Green Valley, however without the road the bus drop off will run into the bushes. Bill Paschal stated there are going to be bus drop offs within the school property. Pia Jarman stated in going by a school site recently she noticed there where lots and lots of parents picking up children in front of the school site and this created a problem with cars being every where and causing back-ups on the streets. Bill, Paschal stated the school has talked with the Royal Oaks residents and they hope to have worked something out with them as they felt the roadway would be right up to their property. Gary Wallace stated this request is very ironic. The Commission attended the TX APA Conference in San Antonio recently. We had lunch with some Austin Commissioners and they asked us what kinds of controversial topics we were having. In talking with them about the school situation, they had had a very similar situation in which a subdivision was the location of the school and the subdivision was not built out. There the side streets did not get built out, so they were left with the same situation that we are faced with. They informed us based on their experience we were crazy if we let the school go into this area with only one access road. This is not something that we are theorizing, it is backed up with examples, with one specifically in Austin. David Richmond stated he appreciates all that has been said and that we are richer with all the information. However, given a longer range perspective for the potential for growth in the City he supports very much Ernie's comment earlier that this is likely the right site to establish the neighborhood school, he also feels the further growth is going to extend out beyond Green Valley toward North Cliffe. Ultimately, more and more people are going to come from that direction in on roads that have to be improved. If we look at that for the future and disregard the present which is how do we get people from Thistle Creek and Dove Meadows in, without building addtional roads, forcing everyone onto FM 3009 and Woodland Oaks Drive, we are ultimately going to be doing a disservice to the City. Our concern from the last couple of meetings has been focused around looking at a satisfactory traffic pattern for the present to help the school cement the neighborhood school concept, and allow for not only parents to allow fifth and sixth graders to walk to school from the subdivisions, but to allow -8- . . . . . for parents to drive these students to school along a road that otherwise doesn't add traffic to FM 3009. We thought the continuation of Dietz Road would satisfy several requirements of the Comprehensive Plan. Failing to get the developers to go along with that, compounds the problem. It is becoming more of a point, that we don't have that. In reading the letter from Mr. Blanton, it doesn't sound as if he is going to build a road. He is willing to commit to the extension of the road but who is going to actually build the road? As said earlier Mr. Galo has stated he will grant the ROW but not build the road. Basically, we are back at square one again. If we approve the school request we are suggesting that the Woodland Oaks access would be the only access. This does not seem to be proper. Ernie Evans stated the school board would have to, at this time go back and talk with Mr. Galo and readdress the issue of the road. Darwin Peek stated the school board would be willing to talk with Mr. Galo. The school board would like to have some form of informal assurance that the issue could be brought up again before the Commission. At the last meeting the school board had alot of information to give the Commission but never had the opportunity. In terms of building the school they are way behind schedule. Ernie Evans stated he can only go on what Mr. Galo had verbally stated to him, not in writing. We did not ask the school to build roads we asked the school to make something happen that benefits both the school and the City. Ernie Evans stated Mr. Blanton needs to clarify the use of the word "school district" and the word "them" (the first paragraph, the third sentence) which refers back to the school district building a road not him. If we are going to continue to work this we will need to also go back to Mr. Galo and address the issue that will be similar to his letter of August 22, that lays out his intentions of what he was going to do. These are the two statements on the table that are unanswered. David Richmond stated assuming that we get these two pieces the last thing we need, if we go back to the tabling of August 27, is that we are looking for written confirmation on road construction from Dietz Road to Green Valley Road. If we get Mr. Galo and Mr. Blanton to concur on building from Dietz to Woodland Oaks, we still have the portion that goes from Woodland Oaks across the school property onto the point that Mr. Galo would continue to own, abutting Green Valley Road. A section which he had said previously before us he had no intention of building. There would still be that third piece of road that will need to be addressed because if we continue to look at our master road plan as far as our Comprehensive Plan, in development continuing towards North Cliffe. At some point we are going to be looking at continuing a road to the area. Without a road going across school property the only way to get this connected is to go on Woodland Oaks, and Greenshire Drive which is not intended to be a thoroughfare road, and off onto -9- . . . . . Green Valley Road at whatever state it would be at this point. This defeats the purpose of having a relatively straight road on a 60' ROW that would enable it ultimately connecting to IH 35. The part near Woodland Oaks and Green Valley is still a very important part that needs to be addressed. If the school board's counsel is so advising them as Mr. Paschal had indicated, it might be appropriate for the school board counsel and the counsel of the City of Schertz to compare notes to see if in fact there is agreement of violation, or not, of the State Constitution and/or the provision that bond issued monies may be used to build a road on the school property. David Richmond stated the last point that we want to make clear is that there is total willingness on the part of the Commission to consider this request at each subsequent meeting if we could address those points. The tabling motion made at the August 27 meeting, which was well stated, to which we have referred to in the past, on several occasions, in which the need for written confirmation that the construction of the road be concurrent with the building of the school from Dietz to Green Valley is expressed. Pia Jarman stated as a Planning and Zoning Commission it is our responsibility to the public, i.e. Schertz citizens, that we take care of these kinds of matters. In looking at the names of the seven Board of Trustees, it seems "all of you have not ever been here at the same time. Every time the school board has been represented, the comment that this is the best site and this is where the school needs to be built has always been made. We have no objection to the site, if the roads are built this is a wonderful idea. If we do this right, it might be really something that other districts could follow." Darwin Peek stated the reason all members of the school board have not been present at one time, is it would be in violation of the law. Bill Paschal thanked the Commission. The school board would go back and get a better consensus on the part of the developers and readdress the conditions as a board and he looks forward to coming back and trying to work out the issue. Councilman Ken Greenwald stated one of the key questions is who is going to build the road from Green Valley up to the school property. Ken stated he doesn't know if the City will do it, but he will ask the City Council. We will need to get the actual measurement and cost from the school property to Green Valley Road. Darwin Peek asked what is the specific question that the Commission wants answered? David Richmond stated the motion that was Merwin Willman. "It was moved that this S.C.U.C.I.S.D for a Specific Use Permit for in Greenshire be tabled until the Commission made on August 27 by request submitted by an Intermediate School receives written -10- . . . . . confirmation on who will provide construction of the road from Green Valley Road to Dietz Road." This clearly indicated the inclusion of who will build the road from the school property to Green Valley Road, which means through the school property and the 300 or 400 section that is owned by Mr. Galo. What we are telling you by the motion and what we have been discussing for the last several meetings is that if we can get written confirmation on the conditions of the tabling motion, we will recommend approval of the school request to City Council. We have made the comment also that the construction of the road be at the same time as the building of the school. This provides us with a total package that we could recommend to City Council with approval. Bill Paschal stated he would like to confer with the other board members and the school staff if possible and requested a recess at this time. Keith Van Dine asked what kind of monies is considered to build the school? Bill Paschal stated 4.5 million dollars. This to Keith puts the school in the driver's seat with the developers. In other words the school can use legal funds. Keith agrees with Pia's memo as this will be for a public benefit. If the developers want the job then the school board needs to tell them what they need to come up with. The chairwoman at this time (8:00 p.m.) declared a five minute recess. Pia Jarman called the recess to order at 8:05 p.m. Bill Paschal stated the board members and school staff had an informal discussion in the parking lot as to whether or not they feel there is ground to be made. There is consensus that there is ground to be made. "In having said this we hope to come back and work with the Commission" Bill Paschal concluded. Darwin Peek stated he would like to reiterate that when they come back before the Commission, that the school board does get the opportunity to discuss the issue. "Even if we do not come to terms there should be discussion." David Richmond said if the school provides the Commssion, through Mr. Simonson, information in good faith, the request will come off the table. David Richmond moved that this Commission lay on the table once again, the SUP request submitted by the S.C.U.C.I.S.D., until the ISD complies with all the contingencies specified in the initial tabling motion of the request at the August 27, 1996 meeting and again for the record the motion reads: "To move that the request for the SUP 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." Keith Van Dine seconded the motion which carried with a -11- . . . unanimous vote. #7 CONSIDER AND MAKE RECOMMENDATION: Request from Janet Sammann for a Specific Use Permit for Backyard Adventures on IH 35 Access. (SUP #10-96) Steve Simonson stated this use is submitted to the Commission for one reason in particular. We have traditionally had NS (Neighborhood Services) being only inside sales with GB (General Business) allowing for outside sales. This is a use that is not listed in our UDC for uses for NS or GB. For this reason the SUP is required as it is not a listed use. The other item is no outside sales is no longer specified as it was in the old ordinance. Merwin Willman asked if this would need to have a site plan. Steve Simonson Council there Commission. stated that if the SUP is approved by the will need to be a site plan submitted to City the Merwin Willman asked if they will be manufacturing? . Janet Sammann stated that there will be no manufacturing at this site. The factory is in Amarillo Texas with this site being only a store to sell the products. Merwin Willman moved to recommend for approval to City Council the request submitted by Janet Sammann for a Specific Use Permit for Backyard Adventures on IH 35 Access. Tony Moreno seconded the motion which carried with a unanimous vote. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Frank Surovec, 212 Mitchell Ave. for a Special Exception to the Zoning Ordinance of 2' for side yard setback to install a carport. (BOA #78-96) Steve Simonson stated what Mr. Surovec requested is outlined on the map showing a side yard setback of 5 feet. In this area, the side yard setback required is 7 to 7 1/2 feet, depending on the house. This will be a two foot variance for the side yard setback. Keith Van Dine moved to recommend for approval to the BOA the request submitted by Frank Surovec, 212 Mitchell Ave. for a Special Exception to the Zoning Ordinance of 2' for a side yard setback to install a carport. Tony Moreno seconded the motion which carried with a unanimous vote. #9 CONSIDER AND TAKE APPROPRIATE ACTION: Request from W. J. Edmonson, 605 Aero Ave., for a Special Exception to the Zoning Ordinance of 10' for a front yard setback to convert his carport into a garage. (BOA #79-96) -12- . . . . Steve Simonson stated this is more than just converting his carport into a garage, he also will be remodeling across the front of his property. He will be extending 10 feet into the 25' building setback. He will be enclosing the porch area. The variance is actually 10' into the front yard setback which will leave 25' to the curb and 15' to the property line. There was some question about the measurements. The inspection department looked into the situation it was measured at 37' 1". Merwin Willman asked about the side yard. Steve Simonson stated in checking this he is not extending he is taking it off the existing building. It appears the and the property lines are very close here, however, he changing the side yard, he is extending straight forward. a grand fathered side yard. into it; driveway is not This is Tony Moreno moved to recommend approval to the BOA the request submitted by W. J. Edmonson, 605 Aero Ave. for a special Exception to the Zoning Ordinance of 10' for a front yard setback to convert his carport into a garage. Keith Van Dine seconded the motion which carried with a unanimous vote. #10 CONSIDER AND TAKE APPROPRIATE United Methodist for a Variance (PC #283-96) ACTION: Request from Schertz Church, 3460 Roy Richard Drive to the Sign Ordinance. . Steve Simonson stated in his notes the reason this request was brought to the Commission is that the ordinance clearly states "two free standing signs for a corner lot are only authorized at interstates or major thoroughfares". Such as we allow on FM 3009 and IH 35 and places of this nature. Green Valley Road does not fit in that type of area. Pia Jarman reiterated that the sign is to go only facing Green Valley Road itself. David Richmond stated at this corner there doesn't seem to be a need. The sign on FM 3009 is lighted and sufficiently high to be seen. It certainly orients people traveling on FM 3009, and the amount of traffic that Green Valley Road carries relative that of FM 3009 to the church is much less. The people coming to the church for the first time will be traveling FM 3009 and not Green Valley Road. Gary Wallace stated in the letter there is a statement that gave the history of the sign, which was originally down by the tracks and that the congregation would like to keep this sign as part of the church. It seems like this is more of a sentimental thing than an advertisement. . Ken Kuhlmann stated this is true. The sign has been with the church for a number of years. -13- . . . . . Gary Wallace sentimental time. commented if we approve something because reasons how would we be able to turn down anyone of any Ken Kuhlman stated the members of the church have been pursuing this since the church moved in November. It is his understanding that in the ordinance there can only be one free standing sign. Steve Simonson stated the ordinance states one free standing sign per business throughout the City. The requirement on FM 3009 is concerning the square foot per sign and the height per sign. All businesses are authorized two signs: one free standing and one on the building. The only exception would be on a corner. David Richmond asked if they could put the sign somewhere else on their property. Steve Simonson stated it doesn't matter where the sign is, it is still a free standing sign if it is not attached to the building. Ken Kuhlmann asked if the subdivision developments in the area are considered a business. Steve Simonson stated "yes" the development signs are allowed for a period of time. When they have finalized the landscaping for the subdivision then it is a residential subdivision. Could this sign be attached to the building as there is no sign on the building? Ken Kuhlmann stated he would have to have a and see how they feel about the sign being the new building, they may not want a building. meeting with the church on the building. With sign attached to the Steve Simonson stated that churches fall into an isolated use item building, for an isolated use like a business. Churches are treated like a business as far as signs are concerned. Ernie Evans moved to disapprove the request submitted by Schertz United Methodist Church, 3460 Roy Richard Drive for a variance to the Sign Ordinance in accordance with Article 9 Section 8.8 D of the UDC. Keith Van Dine seconded the motion which carried with a unanimous vote. '5 ELECTION OF OFFICERS: A. Chairman B. Vice-Chairman C. Secretary Pia Jarman stated this is the month for the change over of officers. As it has been mentioned before, when nominating there is no need for a second. "I nominate so and so to be the chairman or for the vice-chairman position" is all that is needed. Merwin Willman nominated Pia Jarman as chairman. -14- Pia Jarman . . . declined the nomination. David Richmond nominated Ernie Evans. nomination which was put to a vote Ernie Evans and carried accepted the unanimously. Keith Van Dine having accepted Vice-Chairman. nominated Daivd Richmond the nomination, was Vice-Chairman. David voted unanimously as Keith Van Dine nominated Merwin Willman Secretary. Merwin, having accepted the nomination, was voted unanimously as Secretary. Pia Jarman stated we now have a new slate of officers: Ernie Evans as Chairman, David Richmond, Vice-Chairman, and Merwin Willman, Secretary. Pia Jarman as the outgoing chairman, thanked everyone for their support for the past two years without which she would not be here today. She gave very special thanks to Vice-Chairman David Richmond who has been "a role model for all vice chairs. He has given moral support as a great listener and advice giver. On occasion, when Pia was speechless, like what happened "that time when we thought we were rezoning someone's land and someone else spoke up and stated 'that isn't his land it is mine,'" David so smoothly and diplomatically stepped in". . Pia Jarman thanked Merwin Willman very much. He made absolutely sure Pia didn't make any mistakes, and when she did, "it was inspite of his rapping on my knuckles and beatings of the cane," that she really made the errors by herself. She gave thanks for the tremendous work he had done in the writing of the UDC, and also the tremendous reference library he has built for the Commission. Personally, Pia thanked him as her mentor, as she started out right there sitting next to Merwin. A place she returns to and thinks is very appropriate as Pia will be watching Merwin very closely again, this time to learn more about how to "whoopee." . Pia Jarman stated in rereading the notes the very first time she showed up, not knowing anything about P & Z, being interviewed for the position as a Commissioner, it was Keith Van Dine who nominated Pia. So if people didn't like what she has done they can blame it on Keith; if they like what she has done, credit Keith. She thanked Steve for all of his support and encouragement and in teaching her what to do and not to do. To Denise: "thanks especially because without her and her organizational abilities I could not have been effective, I kept leaving everything here and there. She would call me and keep me on the right track. She retyped things over and over again and I thank her very much". Many thanks to Ken Greenwald who has been a wonderful counselor, when Pia would get excited or distressed or down in the dumps, Ken would be there to always bring her back to normalcy! Pia at this time turned the meeting over to the new Chairman Ernie Evans, wishing him the best. -15- . . . . . '11 GENERAL DISCUSSION: Tony Moreno: Tony Moreno expressed his appreciation to Pia and thanked her very much. "You have done a very good job in being a chairperson. Ernie is going to do well." Keith Van Dine: Keith Van Dine thanked Pia for doing a great job especially letting him do some funnies when he was getting bored. "Ernie you are truly amazing." Gary Wallace: Gary Wallace stated "like they say on Rush Limbaugh: mega ditto's. We have made a giant step forward and maybe we have made a compromise with the school and now we are starting on the church communities. Keith Van Dine stated for the record a church is a business. Pia Jarman: Pia City that in as Jarman reminded the Commission of the joint session with the Council tomorrow evening at 7:00 p.m. at the library. Also at that time Norma will swear everyone that needs to be sworn "renewed" Commissioners. Merwin Willman: Merwin Willman stated enough has been said about Pia and her term as chair. She did a good job. Merwin Willman stated in the request for a SUP, it would be a good idea if we could get the type of zoning that is on the property put on the application. It was hard to remember tonight what the zoning was for the particular SUP request. Merwin Willman stated when he went to look at 212 Mitchell it was hard to find as a lot of the houses in this area don't have house numbers. Councilman Ken Greenwald stated it has to be visible from the curb and we have an ordinance to this effect. Pia Jarman mentioned that she also went by to check on this request but in driving by Merwin's house, she noticed he didn't have any numbers on his house. Merwin advised Pia he had just taken them down to repaint them. Merwin Willman mentioned with the new UDC book it would be a good idea if the Commission went through to familiarize themselves with it as it is a little bit different than the old one. -16- . . . David Richmond: David Richmond stated he will second everything that has been said about Pia's term of office. Ernie, best wishes. David Richmond thanked Steve for his perseverance for getting us to the point where we finally have the first shovel of dirt lifted for the HEB complex. David Richmond stated as we noted last Friday at the APA Conference the San Antonio paper on the front page carried the article about the developers ordered by San Antonio City Council to do a traffic study. Needless to say, if we had such an ordinance in place it would have made our job a lot easier in dealing with the school board. We would have had something clearly to hang our hat on. This is definitely something that we need. We should put something together seeing how San Antonio has gone to the trouble of putting an ordinance in place David requested Steve to ask San Antonio for a copy of their ordinance and put it on our agenda for the next time, so there is something in our packet to look at, and come up with something ourselves so that when we are dealing with developers in the future we will have a study on how much traffic is going to be generated. Something which will continue to be of interest to us as development continues. . We will have something there that we can point to and help the developers. Merwin Willman mentioned that the bill board by Woody's has been painted over. But the one on the building hasn't been and there is still the little sign. Councilman Ken Greenwald: Councilman Ken Greenwald stated Doug Miller will be at the meeting tomorrow night. He is the Guadalupe County Representative and is running for election on the EAA board. We just received a map last week showing the new EAA district boundaries and in reality we could have between four and five representatives, not specifically for Schertz. Mr. Miller is the ex-mayor for New Braunfels and lives in Guadalupe County and has a business in Guadalupe County. Councilman Ken Greenwald mentioned the Business Appreciation Dinner on Thursday October 10, 1996 at 6:00 p.m. The guest speaker will be Mr. Kelly the head of the South Texas TX DOT office. Councilman will be some things they Manager and occasions. they would Ken Greenwald stated at the October 30 workshop there gentleman in from Austin to give us a run down on some think we should look at. Mr. Bierschwale, the City Mr. Greenwald have met with them on a couple of They have an outline on some type of water plan that like to do some figuring on. . Councilman Ken Greenwald stated the Chief of Police will be -17- . . . discussing the issue on the gated communities at the joint workshop. Councilman Ken Greenwald stated speaking for most of the Council "We have enjoyed Pia's tenure and are glad you are staying with the P & Z. Ernie you are filling some very big shoes." And also Ken commended the Commission on handling the school board this evening. Great strides were made. The Commission is making an attempt and at least trying to resolve the issue. "You have my backing and probably that of most of the council." Steve Simonson: Steve Simonson stated from his point of view Pia and everyone on the Commission has been very good to work with. "You make our jobs easier by your commitment, interest, and your questions some times as this helps us. Your willingness to put the time in the things that you do makes my job an awful lot easier and Denise's to a great degree as to answing questions." Steve personally thanked Pia for her efforts to work this thing through as "it is quite an effort to step in after Bob Andrews and to fill his shoes and to see the UDC through. We have good things to do and look forward to working with everyone of you. Thank you." . Merwin Willman stated at the last meeting Steve showed us a proposal for a gated community at Elbel and Schertz Parkway. If there was a gated community with a solid fence it might not look so good so Merwin brought some pictures to share, showing a wrought iron fence and brick pillars. We could recommend the developer put something like this that will look a lot better. Ernie Evans: Ernie Evans stated in attending the class last week a book was mentioned dealing with traffic study. Ernie is trying to find a book called ITE that deals with trip generation. It is a traffic report study that is put out by the Department of Transportation giving you a medium measure of the traffic generation during peak business hours. This should be looked at very hard as we develop subdivisions and put this back on the developers in helping us look at this issue. Ernie Evans stated at the conference in talking to some people, what we did not take into consideration on our gated communities were the entry ways to the gated communities. We have neither specified how far the gate needs to be off the road, which would allow traffic to make a u-turn and how many cars can be backed up to the front of the gate, nor did we provide for the possibility of someone turning into the wrong place; or the people whom you wish to visit not being home and you have to get out of there. We did not specify a turn lane or a divider in the road so people can back up. This needs to be looked at for all of the gated communities. . -18- . . . . . Chairman Ernie Evans thanked the two City Council members for attending the meeting. '12 ADJOURNMENT: David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion, which carried with a unanimous vote. Chairman Ernie Evans adjourned the meeting at 9:15 p.m. The next regularly scheduled meeting is October 22, 1996. ATTEST: [ - , , .., / I. \ ~- , G.(l.- .",/ ..1"'" _,' ./. ",.,' .Ua YVLXLL ./"--1' ,C" n~?6 "- Planning Secretary City of Schertz, Texas /-i/ :.. u ,Q____.____( ",. . .,------1/ :'7, ,_ '-' v '\/''''c..----. Ii L-~ '-''-' , : , / Chairman, Planni99 and Zoning Commission ,/ Q~ ~". .. ---. ") ,. -... . OU~~~i , NQ~\i::~~n---'-' /1 -19-