01-23-2001 PLANNING & ZONING MINUTES
January 23, 2001
The Schertz Planning and Zoning Commission convened in Regular Session on
Tuesday January 23, 2001, 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, Chairman Steve Simonson
Ernie Evans, Vice Chairman Interim City Manager,
Keith Van Dine, Secretary Planning Coordinator
Gary Wallace Mary Ybarra, Planning &
Tony Moreno Recording Secretary
Joyce Briscoe
Ken Greenwald, ex-officio
COMMISSIONERS ABSENT OTHERS PRESENT
William Sommers, (work related) Steve Longoria, 305 E. Lindbergh Blvd.
Steve Demory, 205 Pecan
Roger Gilbert, 402 Dana
Larry & Joshua Goodwin
Don McCrary, Don McCrary & Assoc.
David Steitle, SCUC ISD
Larry Aiken, Austin, Texas
#1 Call to Order:
Chairman Richmond called the meeting of January 23, 2001 to order at 7:10.
At this time, Chairman Richmond apologized for delay of the meeting, due to a special
meeting discussing and review of the new water system coming to the City of Schertz.
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#2 Approval of Minutes: Public Hearing session of December 18, 2000. The
minutes of January ~ 2001 were not published.
David Richmond asked for any corrections or additions to the minutes of December 18,
2000. Emie Evans mentioned that there are several corrections on Page 3, 5, 6,8, & 9
that have turned over to the recording secretary for correction. Joyce Briscoe stated on
page 9, fourth paragraph, last sentence, correct the word "concern" to read
"considered".
With no further discussion, Tony Moreno moved to approve the minutes of December
18, 2000 Public Hearing as corrected. Gary Wallace seconded the motion. With a vote
being called, the motion was approved.
#3 Status Of Final Plats:
David Richmond reported that Wilson's Acres Unit 1 was finalized.
#4 BOA Actions:
There was no report.
#5 Citizens' Input Other Than Agenda Items:
There were none.
#6 Consider and Take Appropriate Action: Request from Stephen R.
Demory, 205 Pecan Drive, for a special exception to the zoning ordinance to allow for
an additional curb cut to allow access to detached garage.
Steve Simonson stated that the reason for the request is for the owner to have access
to his workshop garage in the backyard. Mr. Demory is a carpenter and does much of
his work in the shop. Mr. Demory was also in the flood area and a lot of his equipment
was disaster in the flood. The workshop garage now holds the equipment plus wood for
his carpentry work. In order to gain access to move wood in and out of his workshop is
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the reason for his request. Mr. Simonson informed the Commission that there is no
.other double driveway cuts in the area. This would be a first for the area.
David Richmond inquired if the request for the garage had come before Planning and
Zoning. Steve Simonson advised no, and stated that the necessary permit was acquired
and pointed out that behind the property is an alley type situation.
At this time, Mr. Demory informed the Commission that a permit was acquired for the
garage. However, at that time did not have funds for the driveway and also his plan has
been somewhat delayed because of the flood. There is no access to the shop
conveniently, and added that at times he would like to store vehicles in the garage. In
conclusion, Mr. Demory commented that he has a garage and no way to get to it.
Joyce Briscoe asked what was the distance from the driveway to the property line? Mr.
Demory advised that he would comply with the city requirement. David Richmond
asked if there was plenty of room between the side of the house to the side yard lot line.
Mr. Demory advised that there is approximately 15' separation from house to the side
yard. property line.
David Richmond stated that the Pecan Drive doesn't have curb cuts along the street
and believes it would be setting a precedent for the street.
In brief discussion, it was established that this would have to go forward to the Board of
Adjustment. The meeting before the .Board is a public hearing legal notice posted and
anyone within 200' of the property would be informed.
There was discussion and concern among the Commission whether the garage was a
shop or a garage. If it were a shop is it a place of business, which is not allowed in a
residential area. Ernie Evans stated that if the garage is used to store cars, it couldn't be
called a place of business.
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Joyce Briscoe inquired about the water flow between the houses? Mr. Simonson
advised that the area in question is a sloping area. Mr. Demory commented that the
property slopes from the right to the left, (toward Oak St) and believes the area has
good drainage and would not cause water flow into the neighbor's home.
David Richmond inquired what is the primary use of the garage? Mr. Demory stated that
it is primarily a wood workshop. The woodwork is used personally, and on occasion has
sold some, however the garage is not being used as a business. Mr. Demory stated that
his business is contracting.
At this time, Mr. Simonson pointed out that Mr. Demory isn't going to have construction
trucks or people working coming in and out of this area. The only vehicles would be
owned Mr. Demory.
Joyce Briscoe inquired what about deliveries? Mr. Demory stated that deliveries would
be his own, when wood is delivered for the shop. At this time, the wood has to be
walked over to the workshop. Joyce voiced concern that in her opinion this would
establish a precedent for the neighborhood, and suggested forwarding the request to
the Board of Adjustment without a recommendation. At the Board public hearing
concerned citizens would have the opportunity to express their concerns, as well as the
homeowner within a 200' radius of the proposed variance.
Without further delay, Joyce Briscoe moved to forward the request from Stephen R.
Demory, 205 Pecan Drive, for a special exception to the zoning ordinance to allow for
an additional curb cut to allow access to detached garage to the Board of Adjustment
with no recommendation from the Commission at this time. Gary Wallace seconded the
motion. With a vote being called, the vote was as follows:
Abstained: Ernie Evans.
Opposed: Keith Van Dine
Ayes: Joyce Briscoe, David Richmond, Tony Moreno, and Gary Wallace,
Motion approved.
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#7 Consider and Take Appropriate Action: Request from Steve Longoria, for
a Specific Use Permit to allow the Alpha Omega Christian Church occupancy at 513
Main Street.
Steve Simonson stated that the biggest issue for this request is arkin . Mr. Simonson
reminded everyone that parking is limited, however parking has been arranged by
leasing parking area across the street from the railroad. Another issue to consider is
that there is limited space inside the building, however there is enough room for a
growing church. Parking has always hindered the facility, unless arrangements can be
made between Schertz Bank & Trust, which have been made during the evening and
after banking hours.
At this time, Mr. Longoria stated that the Schertz Bank & Trust, president has given
permission to utilize the bank parking on the days the church has service, which are on
Wednesday and Sundays. Mr. Longoria added that at this time the congregation is
small 30 to 40 parishioners, however as the congregation grows the church would move
to a larger place, thus using this building as the church ministry.
Gary Wallace asked how long did the church anticipate using the building and Mr.
Longoria replied, "only God knows".
Mr. Longoria stated that he understands that the parking is an issue, however at the
most during service there would be only 10 to 15 cars at one time. Mr. Simonson stated
that the church has the option. of using the parking across the street, at which Mr.
Longoria informed the Commission that the church was looking into the possibility of
leasing the parking area.
David Richmond stated that it was encouraging to hear that the church would keep the
building even though the congregation moves to a larger facility. David added that he
believes it's important to the city as difficult as it's been to maintain occupancy, that
someone is looking into the future to retain and utilize this building.
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Mr. Simonson informed Mr. Longoria that a copy of the letter from Schertz Bank & Trust
giving permission for the church to utilize the bank parking would be needed for the
public hearing before the City Council.
Without further delay, Keith Van Dine moved to forward to the City Council with a
recommendation of approval the request from Steve Longoria, for a Specific Use Permit
to allow the Alpha Omega Christian Church occupancy at 513 Main Street for a public
hearing with a recommendation of approval. Gary Wallace seconded the motion. With a
vote being called, the motion was approved.
#8 Consider and Take Appropriate Action: Request from Don McCrary and
Associates for revised master .plan approval on an approved master plan of Wynn Brook
Subdivision, and approval of the Traffic Impact Analysis of Wynn Brook Subdivision,
Green Valley Road.
Steve Simonson stated that the new revised master plan before the Commission has
the school site that has frontage on Green Valley Road. Of course, the new master .plan
is slightly different from the previously approved master plan, which is the .reason its
before the Commission. The traffic impact analysis (TIA) has been provided as
requested by the Commission for review. Mr. Simonson stated that the engineer and
developer are present to answer any questions the Commission might have.
Larry Aiken stated that the lot configuration has changed slightly, the development has
granted the school some additional land, by giving up eight lots. However, have
restricted this area by putting anon-access easement, which limits the egress and
ingress and are still proposing the turn lane for bus traffic. Mr. Aiken added that after
granting additional land to the school site the total lot count has changed to 301 lots.
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Ernie Evans asked if there was plans for a left turn lane? Mr. Aiken stated that a left turn
lane for bus traffic is proposed on Green Valley Road, and right hand turn lane onto
FM3009 from Green Valley Road.
Ernie Evans inquired about the tree preservation ordinance and asked about the
enforcement. Mr. Aiken stated that he was well aware of the ordinance and that the
builders were also aware and would be planting 3 trees per lot, this is a minimum of
what would be done.
David Richmond stated that he is having some difficulty understanding the TIA study.
He finds it hard to believe that morning peak hour traffic with the addition of residential
homes that the anticipated increase would only be 15 vehicles turning left from Green
Valley Road. The traffic engineer for the project stated that the increase is the
contribution of only the Wynn Brook development. He further explained that the study
was based on the travel pattern, anticipated origin and destination of both the
elementary school and the residential subdivision. This is based on traffic distributed on
the proximity and location to the two interchanges on IH 35 to the destination, of course
considering the existing traveled patterns at these intersections. The 14 to 15 vehicles
at peak hour would break "the back" at the intersection, because these cars would block
all right turns. Mr. Aiken stated that this is the reason for the right hand turn. It would
ease traffic and stop traffic backup.
In brief discussion, it was mentioned that the school would not impact traffic solely
because the surrounding residential population would be in walking distance to the
school. It would mostly be pedestrian, bike riding and very little bus traffic.
Steve Simonson stated the TIA study provided by this development will work with the
type of situation, of tying into the Cibolo development. Because the path of least
resistance for those people in the future would be going out through the Wiederstein
overpass. For once, it would be through somebody else's subdivision.
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Without further delay, Gary Wallace moved to approve the request Don McCrary and
Associates for revised master plan approval on an approved master plan of Wynn Brook
Subdivision, and approval of the Traffic Impact Analysis of Wynn Brook Subdivision,
Green Valley Road. Tony Moreno seconded the motion. With a vote being called, the
motion was approved.
#9 Consider and Take Appropriate Action: Request from Don McCrary and
Associates for final plat approval of Lot 40, Block 2, Wynn Brook Subdivision
Elementary School Site; Green Valley Road.
Mr. Simonson stated that the 15' road dedication has been added, 1' non access
easement, signatures, flood -plain information, property owners and all other necessary
requirements. Mr. Simonson reminded everyone that if approval were given this evening
that it would be contingent upon the approval of the specific use permit.
Ernie Evans stated that he wanted to remind the development that the landscape tree
ordinance sections of the code apply to the school development. The school site falls
under the ruling of commercial. Mr. Simonson explained that to comply with the tree
ordinance a development should maintain the four types of trees required or plant; that
everything on site is counted 2" or larger. The school would be required to plant along
the road at the required intervals of 50'. To comply to the tree ordinance the
requirement is 4" DBH every 50'.
Without further discussion, Tony Moreno moved to approve the request Don McCrary
and Associates for final plat approval of Lot 40, Block 2, Wynn Brook Subdivision
Elementary School Site; Green Valley Road contingent upon the approval of the specific
use permit. Keith Van Dine seconded the motion. With a vote being called, the motion
was approved.
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#10 Consider and Make Recommendation: Request from Don McCrary and
Associates for final plat approval of Block 1, lot 1, Harden Subdivision Unit 2, Interstate
I H 35.
Steve Simonson stated that all requirements discussed at previous meeting have been
placed, this final plat is straightforward and was a good submittal at last meeting.
David Richmond mentioned that before Mylar's are submitted for recordation that a
correction is need for "variable width". It was also mentioned that a correct spelling of
"Schertz" also was needed.
Without further delay, Tony .Moreno approved the request from Don McCrary and
Associates for final plat approval of Block 1, lot 1, Harden Subdivision Unit 2, Interstate
IH 35 with the corrections as noted. Keith Van Dine seconded the motion. With a vote
being called, the vote was as follows:
Opposed: Ernie Evans.
Ayes: David Richmond, Joyce Briscoe, Gary Wallace, Tony Moreno, and Keith Van
Dine.
Motion approved.
#11 General Discussion:
David Richmond advised that before the Commission continues with general discussion
that Mr. Aiken has asked to address the Commission at this time.
Larry Aiken stated that the school district and the development engineer have discussed
the tree issue and requirements that have to be followed. The school district
understands that school sites fall under commercial zoning and would have to comply
with the city's tree ordinance, which the school will do.
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On another issue, Mr. Aiken wanted the Commissions direction in regard to the
proposed school site along Schertz Parkway and Savannah Drive. Mr. Aiken stated that
as he understands the Commission wishes not to have any additional curb cuts along
Schertz Parkway, and that through negotiation with Continental Homes the 4 + acres
along Savannah Drive have been acquired from Continental Homes for the
development of the proposed school.
Mr. Aiken stated that he has asked the Traffic engineer to prepare the TIA for egress
and ingress along Savannah Drive only. Also, with an alternative comment regarding a
bus exit on Schertz Parkway. Mr. Aiken has also asked the engineer to address the
speed limit, whether it needed to be decreased, line of sight distance would be a
problem, etc. However, the primary focus of the report would deal with the ingress and
egress onto Savannah Drive only and would state the impact of the one exit onto
Schertz Parkway. Mr. Aiken inquired if this was in concurrence with the Commission
wishes, before the engineer is asked to prepare the TIA report.
Gary Wallace inquired if the bus exit would be a right turn only? Mr. Aiken stated that he
did not know.
Ernie Evans commented that if the bus exit is going to looked at as an alternative. The
TIA study will have to the address the issue of a right tum.
Mr. Aiken stated that the engineer has to address such items as curvature, topography,
etc. If the engineer finds that "the only way" that egress for the bus lane would work only
as right turn only, he can so state in his report.
The Commission was in agreement that all information Mr. Aiken has addressed such
as curb cuts along Schertz Parkway, egress/ingress on Savannah Drive, etc are issues
that the Commission would like to see as part of TIA report.
Tony Moreno:
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Tony had no comments.
Keith Van Dine:
Keith commented that he had experienced traffic first hand this evening at FM1518 and
FM78. There was a traffic jam at the new bridge on FM 78.
Gary Wallace:
Gary had no comments.
Joyice Briscoe:
Joyce commented that she would like to propose adding to Article VII Special District,
2.7 Sign Restrictions the following:
"Moving message signs or boars including but not limited to liquid crystal display signs
shall not be permitted except for such LCD signs in place upon the adoption of this code
provision.
Signs in place at the adoption of this code may not be modified to be larger or brighter
that the original sign place at the site.
Owners of these signs will be notified of this code and encouraged to eliminate these
signs if and when they become inoperable or need repair. In the event of a change in
the commercial occupancy of the site, the LCD sign will be replaced with signs that
comply with the Roy Richard Dr./FM3009 overlay district code.
Joyce would like this to be placed on the next agenda to be considered.
David Richmond stated that he believes the signage for the car wash was an over sight
on the part of everyone. Joyce commented that there are two approved signs of this
nature and believes that maybe the ordinance needs strengthening. Joyce commented
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that in her opinion the existing ordinance, which is part of the UDC, is enough, however
it was interrupted in this manner and now the city has two such signs.
At this time, Mr. Simonson stated that it was also an over sight by city staff and he
assures that the ordinance would be enforced accordingly. This type of oversight will not
happen again along Schertz Parkway or FM3009, stated Mr. Simonson.
:Ernie Evans commented that the only way to get away from oversights of this nature is
to follow procedure. Approval of plats site plans, etc. should only receive approval when
all required information is placed. In this manner there is no room error. In my opinion
approval should not be given "contingent upon" providing the information at the time of
mylar submittal for recordation.
Ken Greenwald:
Ken informed the Commission that the developer of the proposed development along
FM3009 took some of the citizens on a tour along the frontage of FM3009. Ken
mentioned that the information passed on to the citizens wasn't the information that he
. passed on to the Commission. Ken commented that the developer has passed on to the
citizen's plans fora "Burger King" and "gas station", etc. The public hearing before the
City Council in regard to the zone change along FM3009 to the railroad ROW at FM78
has been postponed until the development provides the TIA study stated Mr. Simonson.
Ken also informed the Commission that Mr. Cashwell has accepted the contract with the
City of Schertz and will tentatively be on board around the 2 or 3 week of February. Mr.
Cashwell has been talking with Mr. Simonson, Johnny Bierschwale and the Mayor and
is getting his feet wet pretty quick. Mr. Cashwell is amazed at the process the city has
made in regard to the water project.
Ken mentioned that the city is looking into purchasing traffic sign, which indicates how
fast motorists are traveling. However, the city is looking at adding a road counter and
speed analyzer. The estimated cost is approximately $8,000 dollars.
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Steve Simonson:
Steve mentioned that the Forest Ridge Subdivision (Barry Sanditen) issue in regard to
Wiederstein Road is coming up very quickly. Mr. Sanditen is well aware that he is
responsible for his portion as part of the city's agreement with the development. Mr.
Simonson also mentioned that he has brought this issue to the attention of the Texas
Highway Department (TXDOT). TXDOT is very interested that this road goes through.
Steve mentioned that he would be talking with TXDOT about getting this issue on some
type of MPO funding in particular the portion from the back Forest Ridge to Schertz
Parkway, giving the subdivision a real back road out of the subdivision. The next
portion would be the section of from Schertz Parkway to FM1518, which won't happen
any time soon. Steve added that TXDOT is looking at some long-range plan that would
take traffic off the access road and allow interior traffic to move paralleling IH 35. Steve
added that TXDOT is getting a lot of pressure on FM3009, because of where the
schools are located and the comer intersection of IH35 and FM3009. Steve added that
he believes that TXDOT would probably want to meet with the police chief, mayor, area
businesses and council members to discuss these issues.
Ernie Evans•
Ernie commented that he believes that the TIA report for FM3009 was a very good
move on the City Council part.
Emie also mentioned that parking along FM78 at the VFW on Friday and Saturday is
very hazardous. Cars are parking along FM78 and cars leaving or backing out onto the
street have a visibility problem. Parking should not be allowed on FM78 during the
construction stage.
David Richmond:
David reported that he spoke to the traffic engineer for TXDOT in regard to the electrical
bar poles, traffic signal requirements, etc. David was told that the electrical bar poles in
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Universal City was an MPO project. David suggested that this issue be brought up as
an agenda item to be discussed for an enchantment project for the City of Schertz,
which could be taken to the MPO for consideration.
#12 Adjournment:
Gary Wallace moved to adjourn the meeting. Keith Van Dine seconded the motion. The
meeting was adjourned at 9:10 p.m.
Chairman, Planning and Zoning Commission
ATTEST:
Planning ecre ry, City of Schertz
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