08-11-1998 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in a regular session on Tuesday,
August 11, 1998 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
David Richmond, Vice-Chairman Steve Simonson
Joyce Briscoe Asst. City Manager
Keith Van Dine Mary Ybarra
Tony Moreno Planning Secretary
George Maxfield
Ken Greenwald, Councilman, ex-officio
Members Absent Others Present
Brad Galo,
22920 Mangrove
Harry Jewett,
2611 N. Main Ave.
Eddy McNew & Don McCrary,
Don McCrary & Associates
Rick Serkbeil,
400 N. Loop 1604 E. #320
Hollis Aaron,
22235 Schaefer Rd.
#1 Call To Order:
Ernie Evans called the regular session meeting to order at 7:00 p.m.
#2 Approval of Minutes: Public Hearing and Regular Session of May 26, 1998 and
July 28, 1998.
Ernie Evans asked for correction or additions to the minutes of May 26, 1998.
With no correction or additions voiced, Keith Van Din moved to approve the minutes of May 26,
1998, as written. David Richmond seconded the motion the vote was as follows:
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Ayes: Ernie Evans, David Richmond, Keith Van Dine, Gary Wallace and Tony Moreno.
Abstention: Joyce Briscoe (vacation), and George Maxfield (not a Commissioner at said
meeting).
Motion carried.
Ernie asked for correction or additions to the minutes of July 28, 1998.
Joyce Briscoe moved to approve the minutes of July 28, 1998, as written. David Richmond
seconded the motion the vote was as follows:
Ayes: Joyce Briscoe, Keith Van Dine, Tony Moreno, George Maxfield and David Richmond.
Abstention: Gary Wallace (medical leave), and Ernie Evans (work related).
Motion carried.
#3 Status of Final Plats:
There was none.
#4 BOA Actions:
Joyce Briscoe reported that the BOA had met on July 27, 1998, and approved the request from
Michael Wilson for the Special Exception for an above ground pool that will encroach 4' into the
Z O' main structure setback.
#5 Citizens' Input Other Than Agenda Ite*_aas:
There was none.
#6 Consider and Take Appropriate Action: Request from Harry Jewett
Associates for Final Plat Approval for HDS-Schertz Subdivision, Unit 1. (Schertz Medieal
Clinic). (PC#379-98).
Steve Simonson stated that the items corrected on the plat are the statement.of the 1~0-year flood
plain, signatures are placed, setbacks are shown and property owners are pureed.
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With no further comments or questions, Gary Wallace moved to approve the final plat submitted
by Harry Jewett Associates for the HDS-Schertz Subdivision Unit 1. Keith Van Dine seconded
the motion that carved unanimously.
#7 Consider And Take Appropriate Action: Request from James Hollis Aaron, 12235
Schaefer Road for final plat approval of Schaefer Road Subdivision. (PC#377-98).
Steve Simonson stated that the following corrections are placed on the plat; the 100-year flood
plain, block number is placed, 14' CPS utility easement has been placed at the front of the
property, site map, signatures are placed, CPS statement, Bexar County Judge statement, the
correct filing for Bexar County and the signature block of P&Z Commission. All corrections
have been done as requested.
With no further questions or comments, Keith Van Dine moved to approve the request from
James Hollis Aaron, 12235 Schaefer Road for final plat approval of Schaefer Road Subdivision.
Gary Wallace seconded the motion that carried unanimously.
#8 Consider And Take Appropriate Action: Request from Don McCrary & Associates
for preliminary plat approval of Gardner Subdivision, FM3009, (Dutch Boy Cleaners). (PC#380-
98).
Steve Simonson stated that the items corrected are the flood plain statement, north arrow,
signatures are placed. One item left off in the signature block for the Planning and Zoning
Commission is the word "zoning". The 50' building setback requirement is placed and the plat
shows the continuing 30' ingress, egress across the back of the property (lot 2) as done in block
1, lot 1 for further development in the interior of that area.
David Richmond asked for clarification on the height of the "Shell" sign located adjacent to the
property and was advised the sign is 18' 9".
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Tony Moreno asked if the property owners are a requirement to be placed on a plat? Steve
Simonson stated that the property owner "3009 Investors" owns the whole tract surrounding the
property and is shown at the bottom of the plat.
With no further questions or comments, Tony Moreno moved to approve the request from
McCrary & Associates for preliminary plat approval of Gardner Subdivision, FM3009, (Dutch
Boy Cleaners) contingent upon the corrections. Keith Van Dine seconded the motion that carried
unanimously.
#9 Consider And Take Appropriate Action: Request for Sidewalk Variance for the
following: (PC#381-98)
A. Harry Jewett Associates for sidewalk variance on FM3009 and Ashley Oak Dr.
(Schertz Medical Clinic).
B. Buffington Homes and Brad Galo for sidewalk variance at FM3009 Greenshire
Subdivision.
Steve Simonson stated that the requests need to be treated separately, because the situation at the
Greenshire Subdivision is entirely different then the request from the Schertz Medical Clinic due
to the topography and layout out of the property.
A. Harry Jewett Associates for sidewalk variance on FM3009 and Ashley Oak Dr.
(Schertz Medical Clinic).
Steve stated that the plat in the packet shows the corner of the business (Schertz Medical Clinic)
at Ashley Oak Dr. which shows the drop in the embankment and mentioned the drainage out fall
underneath Ashley Oak Dr. that fronts the property causing a very steep drop in the area. Steve
Simonson commented that the plat indicates the tight topple lines. Steve Simonson commented
that if the Commission decides to go forward with a recommendation for the sidewalk variance,
the developer would have to actually cut into bank and build a retaining wall at Ashley Oak Dr.
and recommend another solution for FM3009.
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Tony Moreno mentioned that both sides (Ashley Oak Dr. & FM3009) are very steep especially
on FM3009 at the drainage area. Ernie Evans commented that Ashley Oak Dr. would not create
a problem for the construction of a sidewalk, however the steep drop off at the front of the
property on FM3009 is another issue.
Harry Jewett distributed photographs showing the areas on Ashley Oak Dr. and FM3009
indicating the steep drop-off.
Joyce Briscoe asked how many sidewalks are there on FM3009 and was advised that not many
sidewalks have been constructed. Joyce Briscoe commented that the City can not require the
construction of sidewalks to existing businesses on FM3009 which means the City will be
responsible for the construction of sidewalks.
Gary Wallace commented that if the waiver is approved the city ends up with no sidewalk on
FM3009. The business (Autumn Winds) adjacent to this property is not required to built
sidewalks. Steve Simonson advised the Commission that the City can not require an existing
business to build sidewalks prior to the sidewalk requirement recommended by the City Council.
Steve Simonson stated the question is does the City want sidewalks on FM3009 no matter what
the situation would be. If that is the case, then that would be the recommendation that would be
sent to the City Council.
Gary Wallace asked what is the possibility of establishing a sidewalk escrow account, similar to
the account set up for Borgfield Road. Gary Wallace stated that if the City Council wants
sidewalks along FM3009, he suggests that something similar will have to be done. Steve
Simonson commented that the issue had been discussed at a City Council workshop on the
possibility of setting up an escrow account. For the future construction of sidewalks is feasible or
until the final configuration is complete along FM3009.
Mr. Jewett commented that the grade in the construction for the sidewalk would exceed any
ADA requirement. This will cause constructing a sidewalk with a ramp that would require a
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The sidewalk will lead no where but into a drainage point. Mr. Jewett stated that pedestrian
circulation on this particular corner isn't feasible due to no facilities such as a bus stop and there
are no plans for any future facilities. Mr. Jewett concluded that he does not object from a
monetary standpoint, but rather on the function of the sidewalk and how it's going to serve the
public. Mr. Jewett stated that building the retaining wall will cut into the property causing the
removal of more trees. He pointed out that they have gone to great lengths to save as many trees
as possible.
Joyce Briscoe asked if it was the intent of the City Council to require sidewalks on both sides of
FM 3009 and was advised that the UDC Section 38 of the platting article states that "the
Commission is to review any requests for variances for sidewalks and make recommendations to
the City Council". The City Council will make the final decision based on the best
recommendation from this Commission.
Mr. Jewett stated that he is not in favor of constructing a sidewalk that will lead no where and
not used. He is in favor of constructing the sidewalk on the other side of the FM3009 if it can be
worked out or he favors an escrow policy as discussed.
With no further discussion, David Richmond moved to forward the request from Harry Jewett
Associates for sidewalk variance on FM3009 and Ashley Oak Dr. (Schertz Medical Clinic) to the
City Council with the recommendation for a sidewalk requirement on Ashley Oak Dr. and
suggests that the developer negotiate with Autumn Winds to determine a better location best
suited for a sidewalk, and due to the FM3009 topography suggests that the City Council consider
an escrow account for this sidewalk on FM3009 and future development of sidewalks on
FM3009. Gary Wallace seconded the motion that carried unanimously. Motion carried.
B. Buffington Homes and Brad Galo for sidewalk variance at FM3009 Greenshire
Subdivision.
Steve Simonson stated that the City Council approved the sidewalk requirement for any new
development on FM3009, regardless of whether it is facing, siding, or backing up to F1V1R3Q
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requirement, however since then City Council has approved the sidewalk requirement on
FM3009 and this reason City inspectors were sent out to advise the development of Greenshire
Unit 7 of this requirement and were told to request a variance or build the sidewalk. Steve
Simonson stated that the sidewalk would be built outside the brick fence at Greenshire
Subdivision.
Steve Simonson stated that both Buffington Homes and Brad Galo had requested the sidewalk
variance to the City Manager. The respond letter from the City Manager to both (Buffington
Homes and Brad Galo) is part of the packet.
David Richmond asked if the sidewalk would be constructed from Woodland Oaks Dr. towards
IH35 ending at the end of the construction and was advised this is true. David Richmond stated
that the city is facing the same problem as discussed previously in the first sidewalk issue,
basically a sidewalk leading no where.
Rick Serkbeil commented that the City inspectors had stopped construction to any home building
and some of the development does not back up to FM3009. He added that he was not aware of
any requirement, and that the plat had been approved and this issue had not been brought up.
Commitments have been made to build homes and it seems that these issues have to be discussed
at the time of platting the subdivision and perhaps a bond placed to unsure the placement of the
sidewalks.
Ernie Evans stated that the requirement was in place for sidewalks at the time of platting. It is a
requirement and there are no exceptions. Ernie Evans stated that this should not come to a
surprise to the engineer doing the platting and if it does, the required documentation was not
read. It is part of the UDC and the platting application.
Brad Galo, Greenshire developer asked that if everyone else was required to place sidewalks and
was advised that all the developers have met the requirements to some point.
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Steve Simonson stated that the City inspectors had talked with the Greenshire builders back in
May of this year and were told of the requirements. It should not come to a complete surprise it
had been discussed on several occasions. Steve Simonson stated that there are questions on
topography, drainage, and engineering problems that will need to be addressed and considered.
Ernie Evans stated that these are issues that the Commission is facing, but at this stage of the
game there are no answers to these issues. The only solution is to ask City Council to set up an
escrow fund to deal with these issues or until the City can answer find for these issues.
David Richmond stated that the Commission is going backward after the fact due to the sidewalk
requirement had not been in effect until recently. David Richmond added that the escrow funds
be used on new platted development, rather then on previous platted development. Unit 7 in
Greenshire was platted prior to the sidewalk requirement and he feels these developments should
not be imposed to the requirement.
Gary Wallace moved to forward the request from Buffington Homes and Brad Galo for sidewalk
variance at FM3009 Greenshire to the City Council recommending disapproval and
recommending establishing an escrow account be considered for future sidewalk on FM3009.
Keith Van Dine seconded the motion the vote was as follows:
Ayes: Ernie Evans, Keith Van Dine and Gary Wallace.
Opposed: George Maxfield, David Richmond, Joyce Briscoe and Tony Moreno.
Motion failed
After further discussion among the Commissioner's on several issues and options on the request
for the sidewalk variance from Buffington Homes and Brad Galo a motion by David Richmond
was made.
David Richmond moved to forward the request from Buffington Homes and Brad Galo for
sidewalk variance at FM3009 Greenshire Subdivision to the City Council recommending
disapproval and suggests that City Council consider that the Subdivision, Unit 7 had been platted
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and approved prior to City Council's recommendation for sidewalk requirements on FM3009,
and may warrant an exception. Tony Moreno seconded the motion, the vote was as follows:
Ayes: Tony Moreno, Joyce Briscoe, David Richmond and George Maxfield.
Opposed: Gary Wallace, Keith Van Dine and Ernie Evans.
Motion carried
#10 General Discussion:
Tony Moreno•
Tony had no comments.
Keith Van Dine:
Keith stated that the sidewalk requirement on FM3009 should be looked at as a safety issue.
FM3009 is a highly traffic thoroughfare. Will citizens utilize the sidewalks and was advised that
many citizens walk to and from work. Joggers, children riding their bikes to and from school.
Gary Wallace•
Gary asked that if it were legal for the City to require Commercial development that have
requested for a variances on the sidewalk requirement to contribute to an escrow account for
construction of sidewalk in other areas of the city and was advised that maybe it can been done if
it is setup by City Council and City Council approves an escrow account
Jovice Briscoe•
Joyce asked about a fund setup for the construction of roads.
George Maxfield:
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George had no comments.
Ken Greenwald•
Ken commented that there is no simply solution the sidewalk issue. Several of the subdivisions
developing in the City fell through the cracks. The City could have collected funds (85%) and
only would have needed to make up 15% for the constructions of sidewalks.
Ken commented in the "Journal" article on sidewalks. If you haven't had a chance to read do so,
the article is part of your packet.
David Richmond•
David commented that he has no problem with the sidewalk requirement, his concern is timing
on the sidewalk requirement and development of plats prior to the requirement. Did City Council
concern these issues?
Steve Simonson:
Steve commented that the City doesn't have a real problem with sidewalks from Savannah Dr. to
IH35 and from Woodland Oaks and Greenshire to FM78. The real problem is between
Greenshire and Woodland Oaks Dr. due to the topography and drainage ditches in the area. Steve
added that TXDOT plans to have 5' sidewalks the length of FM78.
Steve asked the Commissioners to look over the UDC. If there are any changes or corrections
please bring them to his attention so these changes can be made.
Ernie Evans•
Ernie asked the Commissioners to mark their calendar for the APA conference.
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#15 Adjournment:
Keith Van Dine moved to adjourn the meeting. Gary Wallace seconded the motion. The meeting
adjourned at 8:45 p.m.
i
Chairman, Planning and Zoning Co mission
ATTEST:
Planning Secretary, City of Schertz
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