01-09-2001 PLANNING & ZONING MINUTES
January 09, 2001
The Schertz Planning and Zoning Commission convened in Regular Session on
Tuesday January 09, 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) Kenneth Floyd, Oak Forest, U-3
Lee Moran, Country Village Est.
Ed McNew, Don McCrary & Assoc.
Larry Aiken, Wynn Brook Sudb.
Mark Roberts, 4300 Spanish Oak
Mark Oppett, SCUC ISD
David Fluker, SCUC ISD
James Harden, Mortellaro's Nursery
Joanne M. Harden
Charles Sharpe, Schertz Parkway Project
Mark Marquez, Schertz Parkway Project
#1 Call to Order:
Chairman Richmond called the meeting of January 09, 2001 to order.
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#2 Approval of Minutes: Regular sessions of November 14, 2000 and
November 28, 2000.
David Richmond asked for any corrections or additions to the minutes of November 14,
2000. With none voiced, Tony Moreno moved to approve the minutes as written. Keith
Van Dine seconded the motion. With a vote being called, the motion was approved.
At this time, Chairman Richmond asked for corrections or additions to the minutes of
November 28, 2000. With none voiced, Gary Wallace moved to approve the minutes as
written. Tony Moreno seconded the motion. With a vote .being called,. the motion was
approved.
#3 Status Of Final Plats:
There were none.
#4 BOA Actions:
Joyce Briscoe reported that the Board met on January 08, 2001 and approved the
variance request from Highland Homes at 498 Cedar Bridge, Woodbridge Subdivision.
#5 Citizens' Input Other Than Agenda Items:
There were none.
#6 Consider and Take Appropriate Action: Request from Clifford Johnson
amending an approved final plat of Country Village Estates, FM 1518.
Steve Simonson stated that the approved final plat is brought before the Commission
because the developer has added 6 additional lots. These additional lots have been
added along the cul-de-sac and entryway. The recreation and park areas have not
changed from the final plat.
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Ernie Evans asked that should the plat be considered a replat and was advised by Mr.
Simonson that the plat has not been recorded, thus the plat is brought forward for
consideration by the Commission as submitted.
Gary Wallace asked if the additional lots would impact the approved variance for the
single entrance. Steve Simonson stated that he had checked with the various
departments involved and the additional lots would not effect the variance. Steve
Simonson mentioned that one item that the Commission should remember, is that
before anyone can build, Bexar County must give clearance for the septic systems.
Tony Moreno asked for clarification on the utility easement, page one indicates 47' and,
page 2, 32', "what is the reasoning"? Mr. Moran explained that the utility easement vary
in size because more area is need for drainage surface.
Tony Moreno asked what type of signage entrance is planned for the subdivision. Mr.
Johnson explained that some type of brick structure is planned that would announce the
subdivision.
Ernie Evans asked that if the six additional lots would affect the retention pond (lot 26)
as far accepting the additional drainage? Mr. Moran explained that the overall drainage
area into the retention pond did not change, all that was done was down sizing of the
original lots.
With no further discussion, Gary Wallace moved to approve the request from Clifford
Johnson amending an approved final plat of Country Village Estates, FM 1518. Keith
Van Dine seconded the motion. With a vote being called, the motion was approved.
#7 Consider and Take Appropriate Action: Request from MBC Engineers for
preliminary plat approval amending a portion of Oak Forest Subdivision Unit 3, being
lots 2R & 3R, Block 7.
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Steve Simonson stated that the only change to the plat is that the two maintenance
easements on lot-3R would be moved to lot 2R. The owner is present if the Commission
has any questions. Steve Simonson informed the Commission that the plat does not
indicate street width, the topographical line across the lot and necessary signatures,
thus the plat is preliminary at this time.
With no further discussion, Tony Moreno moved to approve the request from MBC
Engineers for preliminary plat approval amending a portion of Oak Forest Subdivision
Unit 3, being lots 2R & 3R, Block 7 to include the corrections noted. Joyce Briscoe
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 preliminary plat approval of Lot 40, Block 2, Wynn Brook Subdivision
Elementary School Site; Green Valley Road.
Steve Simonson stated that one item to consider in regard to this request, is that with
the addition of the school site, obviously the approved master plan has changed. The
submittal of the revised master plan will be placed on the next agenda. Mr. Simonson
passed out a copy of the revised master plan showing the addition of the school site.
Mr. Simonson explained that the plat before the Commission is preliminary and in order
too act on a final plat the Commission would have to first act on the revised master plan
before considering final plat.
David Richmond voiced concern on the entrances (off of Green Valley Road) that were
introduced with the first master plan? Would the school site affect or change the initial
use of the two entrances?
Larry Aiken stated that a portion along Green Valley Road has been added with a 1' non
access easement, which pulls the school site forward giving it visibility, however it does
not change the egress or the ingress.
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Larry Aiken stated that the upgrade construction along Green Valley Road (GVR) would
commence at the upper portion of GVR. He also indicated that if the second or third
phase isn't under construction by the time the school is ready to start construction, the
upper entrance of the school site would be built (contractual agreement with the school).
Mr. Aiken added that the upper portion of Green Valley Road would be upgraded to
include a tum lane, however at this time he doesn't know if it would be extended to the
second entrance along GVR.
Mark Oppett architect for the project added that the school would like to use the lower
entrance primarily for bus traffic, and the upper entrance for vehicle traffic.
David Richmond stated that he believes that even with improvements and considering
the size of Green Valley Road that a turn lane should be considered at the lower bus
entrance.
Larry Aiken stated one concern, what would be the distance from the secondary tum
lane to the stop sign.
Mark Oppett stated that the school does not anticipate much bus traffic, more
pedestrian (student) traffic.
David Richmond reiterated his concern in regard to how improvement is to proceed
along Green Valley Road given that construction of school, road and subdivision is
happening at the same time.
Larry Aiken explained that he would be trying to meet with everyone concern in order to
come up with a schedule and get everyone committed. Its looks like phase one of the
Cibolo development, sewer out fall line, Green Valley Road improvements, and phase
one of the Wynn Brook development should commence some time in February and
finish sometime in June or July of this year. The school would not start construction for
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another year, so the improvements would be in place before the school construction
begins.
Ernie Evan asked the status of the (TIA) Traffic Impact Analysis report? Mr. Aiken
stated the TIA had been addressed at the City Council as part of the zoning issue,
which the City Council approved. Ernie .Evans commented that that may be the case
however, the Commission has not addressed the TIA, and its necessary that the
Commission has the opportunity to review so action may be given.
Larry Aiken explained that the TIA was done reflecting both with and without the school
and stated that the study or impact was almost insignificant. This is due because there
would be lot loss .with the school, which would reduce the trip generation per the
-number of households. Also, placement of the school because of the hour school lets
out would take the load off the peak evening trips. Mr. Aiken stated that the TIA ended
up not having any impact at all however, copies would be provided for the Commission.
Steve Simonson stated that technically the TIA should have had the Commissions
recommendation to City Council, obviously it did not. However, with the re-submittal of
the revised master plan for the Wynn Brook development, the Commission may request
that the TIA be brought forward at this time for review and consideration.
At this time, Mr. Aiken stated that the TIA would be provided along with the revised
master plan, and mentioned that he would try to make arrangements to bring the traffic
engineer.
With no further discussion, Tony Moreno moved to approve the request from Don
McCrary and Associates for preliminary plat approval of Lot 40, Block 2, Wynn Brook
Subdivision Elementary School Site; Green Valley Road contingent upon the
corrections discussed, particularly the item of the 1' non access easement proposed at
the entrance on Green Valley Road. Keith Van Dine seconded the motion. With a vote
being called, the motion was approved.
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#9 Consider and Take Appropriate Action: Request from Don McCrary and
Associates for preliminary plat approval of Block 1, lot 1, Mortellaro's Nursery
Subdivision, Interstate 35.
Steve Simonson stated the property owners are present to answer any questions as do
what they are proposing to do. The plat before the Commission has the all requirement
information, i.e., easements, block and lot identification, flood plain, and vicinity map,
etc.
At this time, a preliminary site plan was passed around, and Mr. James Harden,
:property owner explained that Mortellaro's corporate office located in San Antonio would
be moved to this location. The nursery and corporate offices will be in one location. It
.just got a bit too much to operate two locations. Mr. Harden explained that the site plan
is still preliminary at this point. A few items such as parking are still under the drawing
board among other issues, however most of preliminaries are complete. Mr. Harden
explained that these items would need to get resolved, so construction can begin.
Steve Simonson stated that the preliminary plat is what is being considered at this time,
and mentioned that it is a straightforward plat that is being platted out of the existing
Harden Subdivision. Mr. Simonson mentioned that boring could commence; however
site plan approval must be given in order for any construction to begin.
With no further discussion, Gary Wallace moved to approve the request from Don
McCrary and Associates for preliminary plat approval of Block 1, lot 1, Mortellaro's
Nursery Subdivision, Interstate 35. Tony Moreno seconded the motion. With a vote
being called, the motion was approved.
#10 Consider and Make Recommendation: Request from Allan A. Biegert for
a Specific Use Permit to allow the SCUC ISD to construct an Elementary School
Building, Schertz Parkway and Savannah Drive.
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Steve Simonson stated that the SCUC ISD is requesting the specific use permit, and
mentioned the Biegert's property owners have assured city staff that they are 100% in
favor of the request. She is unable to attend due to an illness in the family. Mr.
Simonson stated that the school desperately needs another elementary school site and
would develop the front acreage. Mr. Simonson explained that the school has been
informed that they would have to deal with the tree preservation/ mitigation requirement,
among other issues such as traffic. Steve Simonson stated that the location is desirable
is a sense due to location not being far from other schools, other subdivisions can get to
the .location easily, and when Schertz Parkway is rebuilt it will be an easy task for
children to walk or ride bikes to school. Steve Simonson mentioned an item of concern,
egress and ingress to the school site. The concern being having another exit onto
Schertz Parkway between Ashley Drive and Savannah Drive. This particular area
because the curve of the road and the elevation change in the road. This would be a
serious consideration from staff point. Mr. Simonson mentioned that he has discussed
this issue with the different departments such as ire an police and they have the same
concern.
Ernie Evans stated that the city also has an overlay district on Schertz Parkway that
would have to be considered, and asked if the school has considered having entrance
and exits onto Savannah Drive?
Mark Opplet stated that this issue could be looked at, however explained that there is a
.44 acre tract that separates the bulk of the proposed 10-acre section from the
Savannah Drive frontage.
Ernie Evans stated that he had driven this particular section of the roadway (Schertz
Parkway) and in his opinion it would be wrong for this Commission to recommend the
placement of entrance or exits onto Schertz Parkway. It would be increase of traffic,
which he believes would be a traffic hazard. Mr. Evans stated that the road is not flat, it
is a curved roadway. Pedestrians and vehicles are hidden on both sides of the hill and it
would be improper for the Commission to tell you to consider as such.
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Mr. Opplet asked if the Commission would consider the very corner of the property as
exit or entrances? Mr. Opplet explained that he believes there is better visibility at this
point. Ernie Evans stated that it would be something that could be considered,
however the corner property would have to be looked at.
Mr. Opplet stated that it would be a `tough go', having the school exit on Savannah
Drive. It would require rotating the school, which would not be an impossible task. Ernie
-Evans stated that this would be better for the city, because the city controls Schertz
Parkway, and could place stoplight at Schertz Parkway and Savannah Drive. At this
time, Mr. Opplet stated that he isn't saying it couldn't be done, but in order to do it would
have to acquire the .44 acre tract to make it work.
Mr. Opplet also informed the Commission that everything is going to be done to
preserve as much of the trees as possible. It seems that the larger oak trees are on the
outside perimeter, with brush where the school would be placed.
At this time, Mr. Fluker informed the Commission that at one time the property (.44
acres), was under contract with Continental Homes, however the contract was cancelled
and at this time Continental Homes is not at a stage to re-negotiate.
Mr. Simonson asked Mr. Fluker to call his office on Thursday of next and he would
personally contact the president of Continental Homes. Mr. Simonson explained that he
doesn't foresee a problem acquiring the acreage, and added that 10' (ROW on
Savannah Drive) bf the acreage is owned by Schertz.
Mr. Opplet asked that the Commission consider bus traffic only at the corner of the
property, opposed to the exit/entrance to the location. Ernie Evans replied that obviously
that would depend on identifying the location, city inspectors, and the Commission
taking a look at the proposed location. The concept presented is understandable, (bus
traffic) however the location of it becomes critical.
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At this time, Ernie Evans stated that he is not objecting to the location or specific use
permit, however there are issues that would have to be addressed at the platting stage
(overlay ordinance, tree ordinance, and TIA report).
With no further discussion, Gary Wallace moved to forward to the City Council the
request from Allan A. Biegert for a Specific Use Permit to allow the SCUC ISD to
construct an Elementary School Building, Schertz Parkway and Savannah Drive with
recommendation of approval. Tony Moreno seconded the motion. With a vote being
called, the motion was approved.
#11 'Discuss and Review: Schertz Parkway Zone Plan.
At this time, Mark Marquez, economic development coordinator introduced board
members, Chairman Jerry Bethke, Billy Keen, and Charles Sharpe.
Mr. Bethke explained that back in 1900's (1992 or 1193) City Council determined that
there was a need for another route to move traffic through the City of Schertz to IH 35.
The road selected was Schertz Parkway. Thus, came the question, how would the
project be funded; the tax increment finance process determined that the project could
be funnel by the three tax entities; the City, County and the School district. The Schertz
Parkway Zone plan is finished and it's a good plan. However, the problem we are faced
with `how to fund it' stated, Mr. Bethke. Based on a few people in the community, the
school was convinced to back away from the Schertz Parkway Zone Plan along with
County support. The project funding is left to the City of Schertz.
At this time, Mark Marquez explained that the final engineering drawing is complete.
The plans include everything from drainage, elevations, etc. Also, one thing to point out
is that the plan includes afour- (4) lane landscape median with lights over the center.
On side of Schertz Parkway is a have an 8' surface that would be utilized for hiking and
biking, the other side is to have a 4' sidewalk the length of the Parkway, which starts at
IH 35 to Maske Road. Mr. Marquez added that included in the plan is a 100-year flood
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plain bridge at Schertz Parkway and Live Oak Road, and one at the southeast section
along Live Oak Road. There are plans for an entrance sign to the City at the front of
IH35. Mr. Marquez also noted that the engineering firm has done a good job and added
that the board has done a wonderful job as overseers. Mr. Marquez added that
everyone concerned is very proud and with the funding coming through, the project
could get underway very soon.
At this time, Mr. Bethke stated that when the finished plans were complete the cost was
2.9 million dollars. With the delay, it will now cost a million dollars more. The longer the
wait the more it will cost, this is why it is essential to get underway soon.
In brief discussion, it was mentioned that the project would probably have been
underway if the county and school district hadn't dropped off. These two entities pulled
out, because of several individuals spreading untrue statements. For this reason, the
contract can not be let out because lack of funds.
Mr. Bethke asked that when the Commission makes recommendation of development
along Schertz Parkway, that it consider the Schertz Parkway Plan before
recommending approval.
David Richmond stated that keeping in mind that the longer the wait the higher the cost,
when does the Board anticipate to begin construction. Mr. Bethke replied that the key
would be the funding by FEMA for the flooding control. The FEMA funding is the driving
factor and once this is received the project can get underway.
The Planning and Zoning Commission supports and voiced that each and every
Commissioner was 100% behind the Schertz Parkway Plan.
#12 General Discussion:
Tony Moreno:
Tony had no comments.
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Keith Van Dine:
Keith had no comments.
Gary Wallace:
Gary asked Steve Simonson to check into which subdivision the tree ordinance applied
and if the subdivisions were complying.
Joyce Briscoe•
Joyce had several issues of concern that she wanted to bring to the Commission
attention.
1. Board of Adjustment concern with the repeat of variance request from Highland
Homes. Joyce commented that Danny Tackett, Highland Home builder requested a
letter from the Planning and Zoning Commission asking Highland Home to quit
asking for variance request. This letter could then be shown to potential
homebuyers, which would let the homebuyer know to select a smaller home.
Ernie Evans stated that he agreed with the concern and mentioned that the
Commission has cautioned homebuilders in regard to cul-de-sacs, structure, etc.
However, it would be improper to give someone a letter, because it would be a
"smack in the face" of the Commissions responsibility to the Unified Development
Code (UDC) to hear a request for a variance. The Commission can not deny anyone
from requesting a variance of any kind.
2. Berry Creek flags along FM 3009. Are these flags permissible? Steve Simonson
replied that these flags are an announcement and are allowed for a short period of
time. However, the flags will not be up much longer.
3. Has someone checked into the LCD sign that is announcing the car wash on
FM3009? It was brought up at a meeting whether the sign was permissible the laser
car wash along FM3009. Joyce mentioned that she does not recall the sign was to
be a LCD display sign.
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4. Needing a Board of Adjustment replacement for awhile.
Ken Greenwald:
Ken had no comments.
Steve Simonson:
Steve reported that Johnny Woodward is doing quite well. He is getting energetic and
giving orders to the fire fighters .and EMS. However, he still has 3 more days of
chemotherapy. John is expected to come back to work on a part time basis, an hour a
day, etc, starting sometime in February.
Steve also reported that `Barshop' has approached a property owner of an 11-acre tract
along IH35 in order to purchase for the development of apartments. The property is
zoned GB/ M-1 at this time. The property in question starts at the Mobile Villa property
to the HEB property.
Steve reported on the status on hiring a "Planner" for the City. There hasn't been a
single applicant. The city is going to extend the advertising to the Texas APA net.
Originally the ad had been placed on the City of Schertz net and newspapers.
Ernie Evans:
Ernie had no comments.
David Richmond:
David commented on several issues still pending and asked what is the status on these
issues.
1. Is there any news in a City Manager prospect?
Ken stated that discuss was scheduled for tomorrow evening with city attorney on
some contract issues. A telephone conference call is planned with the candidate and
maybe something is known by tomorrow evening.
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2. FM78 Railroad signage, what is the status? David recalls that the issue was to be
addressed by the city attorney at the Mayor request. Ken replied that he has not
seen anything on the issue from the city attorney.
3. What is the status on Comprehensive Plan? Mr. Simonson reported that the firm
wants to put together a digitized map before starting anything. At this time the city is
working with the firm and counties, Bexar, Guadalupe and Comal to acquire
electrical transfers of their appraisal maps. It is my understanding that as soon as
these maps are acquired, the firm would kick up work.
#13 Adjournmen#:
Keith Van Dine moved to adjourn the meeting. Tony Moreno seconded the motion. The
meeting was adjourned at 8:45 p.m.
Chairman, Planning and Zoning Commission
ATTEST:
Planning Secretary, City of Schertz
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