05-22-2001
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PLANNING & ZONING MINUTES
May 22, 2001
The Schertz Planning and Zoning Commission convened in Regular Session on
Tuesday May 22, 2001, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference
Room, 1400 Schertz Parkway, Schertz, Texas. Those present were.
PLANNING & ZONING COMMISSION CITY STAFF
Ron Youngblood
Ernie Evans, Vice-Chair City Planner
Mary Ybarra,
Gary Wallace Recording Secretary
Joyce Briscoe
Tony Moreno
William Sommers
Ken Greenwald, ex-officio
COMMISSIONERS ABSENT OTHERS PRESENT
David Richmond (vacation) Sam Bledsoe, MBC Engineers
Keith Van Dine Forest Ridge
James Harden, Mortellaro's Nursery
Joanne Harden
Don McCrary, 323 Breesport
Pat Riley, Mortellaro's Nursery
Ken Harris, Verizon Wireless
Greg Stellard, Wilshire Homes
#1 Call to Order:
Vice Chairman Evans called the meeting of May 22, 2001 to order at 7:00 pm.
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#2 Approval of Minutes: Minutes of May 8, 2001.
Ernie Evans asked for corrections or additions to minutes of May 8, 2001.
Ernie Evans stated that Joyce Briscoe, Gary Wallace, and myself have turned over
several minor corrections to the recording secretary and at this time asked if anyone
else had anything to add. A motion was made by Gary Wallace and seconded by Tony
Moreno to approve the minutes of May 8, 2001 as corrected. With a vote being called,
the motion was approved unanimously.
#3 Status Of Final Plats:
There was none to report.
#4 BOA Actions:
William Sommers reported that the Board of Adjustment took action and approved the
request from Gloria Clark at 307 Aero Ave at their meeting of May 21, 2001.
#5 Citizens' Input Other Than Agenda Items:
There was none.
#6 .Consider and Take Appropriate Action: Request from James Harden
(Mortellaro's Nursery Inc.) for Site Plan approval of Mortellaro's Nursery, IH 35
Ernie Evans asked for staff input.
At this time, Ron Youngblood stated that items of concern from the meeting of May 8,
2001 have been addressed. Items such as the statement by Mr. Harden that the
existing sign is to be utilized, is so noted, dimensions of the building have been added,
lighting is addressed, and removal of a designation of a "septic tank has been done.
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Ernie Evans inquired what is to become of the 1St driveway entrance at the nursery? Mr.
Harden stated that the driveway would be eliminated and curbed over.
Without further discussion, a motion was made by Tony Moreno and seconded by Gary
Wallace to approve the request from James Harden, Mortellaro's Nursery, Inc for site
plan approval of Mortellaro's Nursery, IH35. With a vote being called, the motion was
approved by unanimous vote.
#7 Consider and Take Appropriate Action: On a request from 3009 Partners,
Ltd. for preliminary plat approval of Forest Ridge Subdivision Unit 5A.
Chairman Evans asked for staff input.
Ron Youngblood stated that Unit 5A is a continuation of the Forest Ridge Subdivision,
of which several concerns have been passed along to the developer in a meeting held
on the 17th of May. Several issues were addressed, however the primary issue was the
configuration of the Estate lots. Other issues discussed were Weiderstein Road lot
frontage (egress and ingress) facing a major thoroughfare. Suggestions were given
such as to configure lots giving them an alternate means of egress and ingress by either
circular drive or rear access. Ron also stated that the sidewalk issue on the east side of
Weiderstein Road has been suggested to be constructed at 5' instead of the required 4'.
This increase would provide the extra feet that are required by the American Disabilities
Act. Lastly, the concern of the "common area" versus "greenspace", It was suggested
that these areas should be labeled "common areas." This would avoid confusion such
as whose responsible for maintenance, in this case, the Homeowners Association
(HOA).
At this time, Sam Bledsoe representing 3009 Partners, Ltd. addressed the Commission.
Mr. Bledsoe stated that the Estate lot configuration that will front the proposed
Weiderstein Road is to be submitted with Unit 6. Mr. Bledsoe explained that the
configuration is the only way these lots could be configured due to LCRA taking their
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110' easement. Concerns of traffic backing out onto Wiederstein Road have been
addressed with the developer and options are being discussed such as, circular drives
or turn around. Mr. Bledsoe added that these options would be possible due to these
lots being 80 to 100 feet wide.
Ernie Evans inquired that with the LCRA issue settled and lot configuration changed is
there a new master plan reflecting these changes? Sam Bledsoe advised that there is a
plan, however as stated previously, only Unit 6 has lot configuration changes because
of the LCRA easement.
Gary Wallace asked for clarification on the statement by Mr. Bledsoe in reference to
circular driveways. Was the statement intended, if so this would mean double curb cuts
along Wiederstein Road? Ron Youngblood asked if rear access has been consideration
as an option? Mr. Bledsoe stated that if rear access were considered there would have
to be an alleyway constructed, and maintenance of the alleyway would fall under the
City of Schertz. It was the Commissions consensus that this option would eliminate
curb cuts along Weiderstein Road and they would tend to agree on this option.
Ernie Evans stated that he believes it is necessary to see the new master plan come
before the Commission before any consideration or action is taken on the requests
before the Commission this evening. Ernie believes that based on the original master
plan approval, the number of lots have changed in size category, etc. and to assure that
the Commission has the opportunity to review aspects such as streets, traffic, etc. he
personally would like to see it come back. Sam Bledsoe advised that unit 6 has
changed (fewer lots) as a result of LCRA easement, and added that essentially Unit 5A
-5B have not changed since the original master plan. In brief discussion it was the
Commission consensus that a new master plan must come forward before any action
can be taken on the request before the Commission this evening. Sam Bledsoe stated
he didn't have a problem with submitting a master plan reflecting the new lot
configuration.
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Ernie Evans stated that nothing has been addressed on the plat before the Commission
and disapproval of the preliminary plat would not affect a re-submittal by MBC
Engineers.
Ken Greenwald asked that if there was anything on the plat of concern or correction that
may be passed on to the engineer, so a third trip isn't necessary?
Ernie Evans stated that he personally would like the engineer to address the issue of lot
size versus what was originally proposed. What size lot is on the ground versus what
was originally proposed? As stated previously, another issue was the "common area"
versus "greenspace".
Without further discussion, a motion was made by William Sommers and seconded by
Gary Wallace to deny the request from 3009 Partners, Ltd. for preliminary plat approval
of Forest Ridge Unit 5A without prejudice for the right to return for re-submittal. With a
vote being called, the vote was unanimous. Motion approved.
#8 Consider and Take Appropriate Action: On a request from 3009 Partners,
Ltd. for preliminary plat approval of Forest Ridge Subdivision Unit 5B.
Ernie Evans asked for staff input.
Ron Youngblood stated that the request before the Commission has the same concerns
as previously discussed in Unit 5A, however, he asked if there are any other comments
from the Commission concerning Unit 5B?
Ernie Evans inquired on the 20' drainage easement into the Live Oak Hills Subdivision.
How did this easement come about? Sam Bledsoe stated the developer has purchased
Lot 3 of Oak Hills Subdivision. The lot will be used to run the drainage through a
channel toward Urban Lane into the natural low, which is located at Lot 116 and 117 in
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Unit 5B. The purchase of lot 3 was after a failed effort to purchase Lot 6, which is
adjacent to lot 116 and 117 of Unit 5B.
Ernie Evans stated that he believes that before final plat approval of Unit 5B, it will be
necessary that the city receive documentation on the purchase of lot 3 in Oak Hills
Subdivision. Sam Bledsoe stated that negotiations are in progress at this time. Sam
also made mention of an off site sewer easement connected to Unit 5B. Sam explained
that the sanitary sewer main for the area would go down Wiederstein Road and tie into
Carolina Crossing. This easement (120') will be a separate acquisition not seen on this
plat (Unit 5B). Ernie Evans stated that Mr. Youngblood and the developer have their
work cut out. It will be interesting how all these issues attached to Unit 5B will be
introduced.
As previously stated, Ernie voiced concern with the designation of "common area"
versus the "greenspace" and lots sizes in comparison to what is on the ground versus
what was originally indicated on the approved master plan. He believes it is important to
see a new master plan, which would cover these areas of concern.
Without further discussion, a motion was made by William Sommers and seconded by
Tony Moreno to deny the request from 3009 Partners, Ltd. for preliminary plat approval
of Forest Ridge Unit 5B without prejudice for the right to return for re-submittal. With a
vote being called, the vote was unanimous Motion approved.
#9 Consider and Make Recommendation: On a request from Wilshire
Homes for a variance to the sign ordinance to allow additional signage along Schertz
Parkway.
Ernie Evans asked for staff input.
Ron Youngblood at this time reminded everyone that both Schertz Parkway and FM
3009 are special overlay districts. The City's UDC (Unified Development Code)
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specifically states developers are authorized one sign per subdivision. The request
before the Commission is from the homebuilder requesting additional signage.
Mr. Greg Stellard, Sales and Marketing Director for Wilshire Homes was present. Mr.
Stellard stated that the thought behind the request from a marketing perspective is that
the main entrance "Jonas Drive" is recessed approximately 30 to 40 feet from the edge
of Schertz Parkway causing a visibility problem. Looking at alternatives we found that
none would work to identify the entrance. For this reason, we are requesting 2- 4x8
signs, which would identify two different products. The subdivision has two different
sized lots (70' and 50' lots), two price ranges; Jonas Woods is one subdivision however
with two neighborhoods, two products within one community.
Gary Wallace inquired whether Wilshire Homes was to be the only builder? Mr. Stellard
stated that MHI (Coventry Homes) has purchased 50% of the 70' lots in the subdivision.
Wilshire Homes will be the only builder in the 50' section. Model Homes are planned on
Jonas Drive lots 2 & 3 for Wilshire Homes. Mr. Stellard believes that Coventry Homes is
planning one model home.
The Commission voiced concern that Coventry Homes would also be requesting
additional signage identifying them as homebuilders just as Wilshire Homes. Mr.
Stellard stated that he wouldn't mind sharing signs with Coventry Homes, however, he
would like two signs.
Ernie Evans stated that a development is authorized "one" sign only, identifying each/all
developers in the subdivision.
Mr. Stellard inquired on location suggestions from the Commission; the Commission
gave some suggestions, however it was agreed that it would be up to the developer to
submit locations for consideration. The Commission also suggested a flat two sided sign
would work better for visibility coverage.
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Without further discussion, a motion was made by Gary Wallace and seconded by
Joyce Briscoe to deny the request from Wilshire Homes for a variance to the sign
ordinance to allow additional signage along Schertz Parkway, Jonas Woods
Subdivision. With a vote being called, the vote was unanimous. Motion approved.
#10 Requests for Agenda Items for future scheduled meeting:
William Sommers asked that line item "General Discussion" be placed on the next
agenda for discussion and appropriate action.
#11 General Discussion:
Ron Youngblood:
1. Discuss - "General Discussion" line item on Planning and Zoning meeting agenda.
Ron Youngblood stated that city staff is suggesting a change to the agenda format from
"General Discussion" to "Items by Commissioner and City Planner. "This change will
allow more flexibility and latitude on addressing agenda items.
After a brief discussion it was the Commissions consensus to place item #1 on the next
agenda for discussion and appropriate action.
2. Review and comments on revised site plan application for the City of Schertz
Planning Department.
Ron Youngblood explained that some modifications to both the Site Plan and
Subdivision applications are in the works at this time. The modifications would allow all
city departments to review and make comments. City staff believes this coordination
from all departments would help facilitate the process.
Ernie Evans stated that he believes the site plan checklist should reference the Unified
Development Code (UDC) section as it applies.
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Ron Youngblood stated that we hope to have something ready for the next meeting.
Both applications are being looked at, and he will pass along any and all suggestions.
3. Discuss and comment on proposed Verizon Wireless relocating Headquarters to Tri-
County Industrial Park, behind Keebler.
Ron Youngblood briefly explained that Verizon Wireless is looking to relocate in the City
of Schertz in Tri-County Industrial Park area, however, they would like to receive some
input from the Commission a whether the City of Schertz would want a facility of its kind
in the City of Schertz. One item of concern is the requirement of a 200' tower for the
function of the facility. There is a slight problem, the footprint of the building and tower
location. If the tower were to fall it would fall outside the property line. A requirement in
the City's UDC does not allow this for safety purposes. Mr. Youngblood stated that he
has been advised that if the tower were to fall, which is a million to one odds that this
would occur because as he has been told advised, these towers are being constructed
with hurricane force wind strength. Mr. Harris is present and would like to hear the
Commission comments, concerns, etc.
In brief discussion, Mr. Harris was advised that the purpose of the City of Schertz
telecommunication section of the Unified Development Code is to control this type of
tower from popping up everywhere in our city. In the City right now there are two other
towers that were not authorized. The City would like to see towers collocate on other
towers if possible, to control the number of towers in the City.
Mr. Harris representing Verizon Wireless stated that he would briefly summarize what is
being proposed. First of all the word "headquarters" isn't correct. The facility will be a
"Central Switching Facility"; meaning that all towers are communicating with the central
switching facility, which is accepting all wireless calls. At this time, the switching facility
is located downtown San Antonio, which serves central Texas from north of Austin to
Corpus Christi. Mr. Harris went on to explain that when Verizon acquired Primeco;
Primeco's policy is that the company will own their central switching facility and will not
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lease the facility. Mr. Harris added that this is a major move of the switching facility to a
location that the company would own. The proposed tower is a microwave tower
connecting the central switching facility to other towers throughout the area.
Mr. Harris explained that the tower is built to the same engineering standards as all
other structures. Some of these buildings are built to withstand high winds up to 130
mph, which far exceeds the building code in this area. Also, Mr. Harris added that these
structures are designed that if the tower fails, the design is structured that the top
portion would fall over on the bottom portion. The design would not cause the entire
structure to fall. On the proposed property, the facility can not achieve 100% fall zone;
the tower would not fall on any existing structure because there are none, however it
would fall outside the property line. For this reason, we would like to explore the
possibility for a variance, If not we would like to know early on, so we may move on to
other possible alternative sites.
Ernie Evans asked for a description of the tower and was advised by Mr. Harris that the
tower would have a minimum of six microwave antennas (dishes of 3-6 feet'), four legs
approximately 25 feet apart. Mr. Harris explained that the tower is large and to be
truthful is an ugly tower, however these towers have to go somewhere. He further
explained that the dish spread taking in consideration that the dish is approximately 6
feet in diameter would most likely have a separation of 5 feet between dishes.
At this time, Mr. Harris reiterated his statement that the tower is ugly and asked the
Commission would the City of Schertz want this type of tower in Schertz? If not, we will
go elsewhere. Mr. Harris went on to explain that the building is approximately 25,000
square feet, somewhere in the neighborhood of 3-4 million dollars building construction,
and between 5-10 million dollars of inside equipment. The facility would be a 40-year
facility with approximately 30 to 50 employees.
Joyce Briscoe inquired if the business was looking at receiving tax abatement from the
City and was advised no, by Mr. Harris. Mr. Harris stated that he believes that tax
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abatement is not an issue. Verizon is a big company and believes that tax abatement
on this facility is not an issue.
Ernie Evans inquired would the tower be lighted? His concern was the flying of ultra-
lights in the area. Mr. Harris advised that if the City so desires, the tower can be lighted,
and again reiterated that their main objective is to construct the tower as safe as
humanly possible.
Mr. Harris stated that he is welling to return with a presentation, of pictures and other
prudent information, however will return only if the Commission believes the City wants
this type of tower in the Community.
Joyce Briscoe stated that she personally doesn't like these types of structures in the
area, and that since becoming a Commissioner, it has been the Commissions goal to
preserve the appearance, landscape, and overall aesthetics of the Industrial Park.
Would the business owner in the Industrial Park like this type of structure in their
backyard?
Mr. Harris explained that other areas are being considered, however the Schertz' area is
ideal because of it's proximity, elevation, and surrounding services for the facilities
employees. Mr. Harris informed the Commission that the facility would probably be
finished by this time next year and added that the facility would comply with city
requirements that have been established by the City's Unified Development Code.
William Sommers stated that he personally is a bit reluctant to make any kind of
decision until the Commission is provided with a long term analysis or presentation of
what is being proposed for the area.
At this time, Mr. Harris stated that he wasn't asking for a commitment this evening,
however he is grateful for the opportunity to have addressed the Commission this
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evening. Mr. Harris added that he would come back in two weeks and provide as much
information as possible, such as photographs, etc.
Ernie Evans stated that because of other concerns the Commission will be reviewing it
might be best to return for the meeting of June 26t", rather than on June 12t". Mr. Harris
stated that he didn't have problem with the date, however would like to have some idea
of what the Commission would like to see brought forward at the presentation? Ernie
Evans advised that the following are items the Commission would like to see; a
complete checklist, photographs, property layout, site plan, community benefits, define
other Verizon cell sites in the area.
At this time, Mr. Harris thanked the Commission for their time and added that he would
return on the 26t" of June in the hopes of satisfying the Commission.
At this time, Ernie Evans stated that the Commission was ready to hear comments from
William Sommers on the items listed below. Mr. Williams Sommers stated that he would
like to hold off on discussion until Chairman David Richmond returns from vacation.
David Richmond initiated these issues early on before I came on board as a
Commissioner I and would like him present at the discussion. Mr. Sommers asked that
items 1 & 2 be placed on the next scheduled agenda for "discuss and take action". As
for item #3, Mr. Sommers asked if staff had received a response from the City Attorney
and was advised that it wasn't known at this time. Mr. Sommers asked that item #3 also
be placed on the agenda for discussion only.
The following were items for discussion by Williams Sommers.
1. Discussion of "off premise signage on FM 3009.
2. Discussion of "off premise signage for the entire City of Schertz".
3. Discuss amortization guidelines from City Attorney.
At this time, Ernie Evans stated the Commission was ready to hear comments on the
items listed below. Joyce Briscoe suggested that these items be placed on the next
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scheduled agenda to be heard along with Commissioner Sommers' items as previously
discussed.
At this time, Joyce Briscoe gave a brief history on the two existing LCD signs along
FM3009 and how these signs came about. If the city has made an error in approving
these two signs she believes the city needs to correct the error and purchase these
signs from these establishments. The elimination of these signs would place FM3009
into complaince with the City's special overlay district ordinance. Joyce stated that once
again the issue is, "not following through with the City's Unified Development Code". If
the City established the UDC it needs to be followed or the UDC isn't needed.
Ernie Evans suggested that Mr. Youngblood be given amply time to get fully informed in
order to see what can be done and what alternatives or options the City has.
William Sommers stated that he personally believes that there is a need to proceed
slowly. He has no doubt these issues are important, however we don't want to
overwhelm City Council with all these issues all at once.
Ernie Evans asked Ron Youngblood if he was prepared to discuss item #3, which is an
unauthorized sign along Schertz Parkway? This specific sign is unauthorized, similar to
the others along FM3009, one of which has come before the Commission at last
meeting, (Dietz signage). Mr. Youngblood stated that at this time he is working on
getting some background history on the Lutheran Church sign along Schertz Parkway,
however in researching he has found no record of when this particular sign was given a
permit.
Ernie Evans believes that if the Commission proceeds in addressing the signage issue,
it needs to address all signs that are non-compliant with the City's ordinance. The
Commission also needs to look at the UDC in regard to other sign issues throughout the
City such as, "for sale", "future proposed development" signage, etc. Ernie believes
that if "nothing" is in existence or "nothing" is in the process of developing, signage isn't
need. These are issues that have to be researched from the city's standpoint on how
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this type of signage is viewed. Have these signs acquired permitting, etc? These are all
issues that need to be addressed when the Commission is looking at revising the
Unified Development Code in regard to signage; such items as definition, time limitation,
inspection department enforcement capability, etc.
It was suggested that revision to the Unified Development Code be conducted in a
workshop format addressing sections of the Code one at a time and in all probability
would take a few workshop sessions to accomplish.
The following were items for discussion by Joyce Briscoe:
1. Discuss "Walgreen's" signage being in violation of the special overlay district
ordinance on FM 3009.
2. Discuss "H2 Auto Car Wash" signage being in violation of the special overlay district
ordinance on FM3009.
3. Discuss signage on Schertz Parkway-Lutheran Church sign.
Ken Greenwald:
1. Discuss Seguin/Schertz Local Government Corporation status of waterlines, etc.
Ken Greenwald stated that the best way to update the Commission on the
Seguin/Schertz Local Government Corporation is to pass out minutes of last months
meeting. Discussion items; easement acquisitions acquired out of the 61 required to
date are 59; (42" line) from the well field treatment plant to Seguin, information of "let"
contracts, looking at Cibolo to acquire right of way easements, and fish & wildlife,
general land, archeological permits are done, etc.
Ken added that other information passed out is on the wastewater treatment plant, that
the City of Schertz does need.
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#10 Adjournment:
Tony Moreno moved to adjourn. Gary Wallace seconded the motion. The meeting
adjourned at 9:25p.m.
Chairman, Planning and Zoning Commission
ATTEST:
Planning Secretary, City of Schertz
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