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10-10-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, October 10, 1995 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF PIA JARMAN, CHAIRWOMAN STEVE SIMONSON, DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY DENISE GRANGER, TONY MORENO PLANNING SECRETARY KEITH VAN DINE ERNIE EVANS KEN GREENWALD, COUNCILMAN MEMBERS ABSENT OTHERS PRESENT T.J. Cantwell, Pulte Homes Jerry Phillips, Denny's Paul Zarfas, Denny's #1 CALL TO ORDER Chairwoman Pia Jarman called the October 10, 1995 regular meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Public Hearing and Regular Session September 26, 1995. Merwin Willman moved to approve the September 26, 1995 Public Hearing and Regular Session minutes. Keith Van Dine seconded the motion which carried with a unanimous vote. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. ~4 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Judith Barreras on behalf of Denny's for a variance to the sign ordinance for the height of their sign to 75'. (PC #227-95C) Steve Simonson advised this request is based upon the desire of Denny's to have their sign above the CPS lines that have been moved and to get a better visibility. Pia Jarman asked for clarification being this is not the only reason they want the sign variance for the height visibility, but also because the sign is too close and dangerous to the CPS lines. The sign is only 46' at present. Steve Simonson stated that CPS moved the electrical lines after Denny's had erected their sign. The lines are so close to the sign that CPS has had to place shields over the lines. David Richmond questioned what the height of the Ramada sign is? Steve Simonson stated the Ramada sign is 50', Wendy's sign is 75', McDonald's sign is 75', Jack-N-Box's sign is 75', Diamond Shamrock's sign is 75', Stop-N-Go's sign is 50', and Bill Miller's sign is 50' but bigger than the others in the area. Keith Van Dine asked if Denny's was the only business that would be affected by the electrical lines. Steve Simonson stated Denny's is the only business affected by the power lines. The reason is due to the curve of the street. When the lines get to the Ramada they are far enough away so it does not create a problem. If you were to come from FM 3009 to IH 35 access road in front of Jack-N-Box there is an acceleration lane which goes down to two (2) lanes that curve. This is the area in which Denny's is located. CPS moved the power lines over after Denny's erected their sign. Denny's sign is clearly on their property line the CPS lines are within the easement with the shields being placed temporarily to prevent any problems. David Richmond questioned if Texaco's 75' sign was authorized. Steve Simonson advised that the Texaco sign of 75' was authorized by the Commission. David Richmond mentioned having driven by Denny's. He is not convinced that the height of the sign is unreasonable. Given the situation of the power lines the sign does warrant being changed to the height of 75'. The Denny's sign as well as the Ramada sign are clearly visible and there will be the billboard advertising for the businesses north and south. Pia Jarman asked with the sign being 46' at this time, if they were to put it at 50', would that be out of the area for the power lines? Steve Simonson stated that the top of the sign is 46' not the bottom of the sign, raising it 4' would still keep the sign in the power line area. Tony Moreno asked if CPS has presented anything advising that there is a safety problem. Steve Simonson stated this does not usually happen unless it totally interferes with CPS lines. With the lines being so close they have put shields temporarily. This is done at times if there are trees or other obstacles around. Tony Moreno asked with the sign being in danger of the power lines, CPS does not believe this warrants notification to the property -2- owner? Jerry Phillips advised that CPS has notified Denny's and have requested that the sign be moved or erected higher. Tony Moreno asked if CPS notified Denny's in a formal letter. Jerry Phillips advised not in a formal letter. Steve Simonson mentioned if you were to drive by Denny's you will notice how close the lines are to Denny's compared to Ramada. Paul Zarfas explained that on the notice by CPS, the foreman of the job was spoken to. CPS advised they would put up shields on the lines temporarily to give Denny's a chance to approach the City to request an extension to the height of the sign. If the problem can not be solved then CPS in turn will notify Denny's officially by letter stating the sign will need to be moved. The conversation was left as an informal cooperation that the sign would be taken care of . David Richmond moved to approve the request from Judith Barreras on behalf of Denny's for a variance to the sign ordinance for the height of their sign to 75'. Tony Moreno seconded the motion which carried with a unanimous vote. #5 CONSIDER AND TARE APPROPRIATE ACTION: Request from M.W. Cude Engineers, L.L.C. to change the name of Woodland Oaks Units 5-A and 6-A to Woodland Park Subdivision. (PC# 224-95A) Pia Jarman advised that they requested this morning to change the name of the subdivision to The Park at Woodland Oaks. This was after the agenda was posted. Steve Simonson advised that going along with what was mentioned in his notes, Unit 10 of Woodland Oaks will need to be addressed. If this is to remain with Woodland Oaks, it will need to be formally requested that it be labeled Unit 10 Woodland Oaks and a mandatory requirement to be included in the Woodland Oaks Homeowners Association. The other question is there will need to be some type of identification, if the subdivision Units 5-A and 6-A will have a different name. Mr. Simonson added that Mr. Cantwell is present for any questions. T.J. Cantwell of Pulte Homes stated, basically, they would like the plat to correspond with the marketing of the subdivision. They did not want to create an entire new idea to the Community because it is known as Woodland Oaks and there is entry monument signage up front. They would like to keep the identity but at the same time have a little bit of a marketing scheme to it. Since there is a little park in the back of Unit 5-A they felt this was a good way to market the subdivision. Henceforth they have requested a name change. -3- Pia Jarman asked if the new sign would be placed on FM 3009. T.J. Cantwell advised they at this time have not discussed the issue of a new sign at the entrance. There maybe some new signs in front of the model homes. There are marketing signs that will state the homes will be in The Park at Woodland Oaks. Merwin Willman mentioned if they are going to change the name of the area across from the drainage area, they are going to have to inform the citizens with some kind of signage so there won't be any confussion with Woodland Oaks and the new subdivision. Ernie Evans asked with a subdivision name change would that take them out of the Woodland Oaks Homeowners Association? T.J. Cantwell advised that they were never a part of the Woodland Oaks Homeowners Association. Steve Simonson stated because the developers donated park land to the City they do not have to have a Homeowners Association. The developers were asked to talk with the original Homeowners Association of Woodland Oaks, because they could not come to an agreement park land was donated. Steve Simonson explained if you don't belong to the Homeowners Association to be able to use the swimming pool etc. the family's name is on a list. This enables the original Homeowners Association to have control of the existing subdivision. The new area will have a public park. T.J. Cantwell advised the new subdivisions in Woodland Oaks will have a homeowners association independently. The plans have not been finalized for the association. Steve Simonson mentioned the reason for not enforcing a homeowners association is there is no common areas, so there is no question on who is responsible for what. The only area that will require any real maintenance will be the drainage pond and the City is responsible for that, once it is acccepted. T.J. Cantwell explained this is the reason for not having any dues structure with the homeowners association, because there is no common area and "we are not sure that we would want one just to have an organized body." Steve Simonson mentioned the reason for the formal copies of the plats is so the Commission will have the correct names. Woodland Oaks was originally named Horseshoe Oaks and we are not sure how the name was changed. Because there was no formal request, the plat was submitted with a new name. Merwin Willman explained that it was said that the name could change without any notification request as long as it was on the plat that was recorded. Ernie Evans commented that they advise the Commission on some type of sign that will be on Woodland Oaks Drive to distinguish that there is another subdivision with a name change. Most of the time -4- people are looking for subdivisions and not streets. Ernie Evans stated that he believed it should be mandatory prior to looking at the plat that they make a decision on the signage. Steve Simonson explained that the Commission will need to be careful. "Unbeknownst to the Commission, Greenshire Unit 3 was approved and it is being split up between 60' and 85' wide lots. All of a sudden Japhet Homes is marketing their section of Unit 3 as the Woods of Greenshire" which is not on the plat. Plantation is calling their section the "Meadows of Greenshire". The plats were all recorded as Greenshire Oaks, Greenshire Estates. They are marketing them differently. The question is, marketing is one thing, but what the document that they are selling the house on is showing needs to be clarified. Is it going to show "The Meadows of Greenshire" or Greenshire Unit 3? There has to be some type of identifiers with City services also. The main concern is that they are not changing the name of the selling document. Pia Jarman commented if the plat needs to go back it will need to be so stated and all corrections and name changes will need to be stated. Ernie Evans mentioned that it should come back and also state the sign issue at the entrance to the new area. Also some clarification on Unit 10 as to where the model homes will come under. Merwin Willman commented a new plat of Unit 10 is needed with a statement on the plat stating that they will be a part of the Woodland Oaks Homeowners Association. T.J. Cantwell commented that Unit 10 would have to be annexed into the existing Homeowners Association and it is not the developers decision, it is the Homeowners Associations decision if they want Unit 10 included. It can not voluntarily state it has to be legally done in a formal manner into their Homeowners Association. The deed restrictions state there has to be a 3/4 vote from all the homeowners to annex the 3 homes in Unit 10 into the Homeowners Association. If Unit 10 can not be annexed then maybe they can be included into Units 5-A and 6-A. Steve Simonson advised with Unit 10 being so far away from Units 5-A and 6-A the latter would cause too many problems. When Units 5 and 6 were originally platted, there was some discussion with the Homeowners Association and they advised that they would decide if they would include them in the association. In the case of Greenshire it was stated that everyone would be included in the Homeowners Association. Steve Simonson stated he would look into the situation and have an answer by the next meeting. Merwin Willman commented with the separation, he was not sure how Unit 10 could be a part of Units 5-A and 6-A. Steve Simonson mentioned that the original master plan that was -5- brought before the Commission showed this as an entire subdivision of Woodland Oaks. The name change was at the last minute. They have a different home builder. Ernie Evans questioned if this request could be tabled for future clarification, information and corrections on the plat. Steve Simonson stated yes it can. Pia Jarman said it can either be tabled or disapproved. Merwin Willman moved, due to the recent name change to the subdivision, that the request from M. W. Cude Engineers to change the name of Woodland Oaks Units 5-A and 6-A to The Woodland Parks Subdivision be disapproved and consideration be given to the new name and some type of sign to the entrance of the new subdivision be given in writing. Keith Van Dine seconded the motion which carried with a unanimous vote. Steve Simonson mentioned last year the master plan for the entire Woodland Oaks Subdivision was approved for the name Woodland Oaks Subdivision. Merwin Willman questioned if the Homeowners Associations have any by-laws or rules that they have to follow. Steve Simonson advised that, yes, there is a book that gives examples on how to run a Homeowners Association but that does not mean they have to follow them. ~6 GENERAL DISCUSSION: Pia Jarman• Pia Jarman asked how the applications for a new Commissioner was coming along and if at the first meeting in November it would be possible to have the interviews. Steve Simonson stated that there are three applications at this time. There was an article put in the newsletter. There are posters and information available at the Municipal Building. With the meeting in November being on the 14th that will give plenty of time to be able to get the information available to have the interviews on that evening. Pia Jarman commented on the information in the packets on the newsletter "News and Notes." There was a very good article on "How to Be a Better Planning Commissioner". This information would be beneficial to a new Commissioner but it also would be a good review for all the Commissioners. It talks about brain storming and setting aside time for long range thinking. It talks about how most of the evening meetings are short and there is not much time for general discussion. This is why the Commission has set aside Thursday evening at the conference to have a relaxed discussion on long range planning. -6- Tony Moreno• Tony Moreno stated he had no comments. Keith Van Dine: Keith Van Dine commented on the issue Ernie Evans questioned as far as tabling or disapproving. The better move would be to disapprove than to table. If you table, then the Commission is still responsible, whereas if you disapprove the request has to go back and be corrected and brought back to the Commission. Ernie Evans• Ernie Evans stated he had no comments. Merwin Willman: Merwin Willman asked when the developers start clearing the land of trees, is there someone that goes out to these places and checks the land. Steve Simonson advised that yes, someone does go out and make sure they are not taking away trees that are not going to cause any problems, but we do not go tree by tree. Merwin Willman mentioned he had gone by Ashley Place a few weeks ago and it seemed as if they were taking away a lot of the trees that could have been saved. If you were to look at the far end, it is completely clear. Steve Simonson commented that there are scrub trees, small trees and large trees, that have to be taken but otherwise what is a good tree will stay. All of the developers do try to save as many trees as possible. David Richmond: David Richmond commented on the article in the Sunday paper on "The Way of Life on the Go", on the IH 35 corridor. It had cities included but none within the metrocom area". They ignored Schertz completly I feel that was a significant affront to the City. Any time our one metropolitan newspaper devotes two full pages center spread, talking about corridor and talking about San Antonio and Austin with all the growth and development along IH 35, to ignore all the cities with frontage is an affront. Schertz has significant frontage on IH 35 more than some that were highlighted like Wimberly, and Seguin with both of these being far removed from IH 35. The map that they did provide did not even include Schertz. This should be a concern with our City officials. David Richmond recommended that the Commission go forward to the City Manager and Mayor requesting their writing to the editor of the Express News that we, the City of Schertz, are disappointed that we were excluded from the article on the IH 35 corridor. We are members of the corridor committee and we are very much interested in the economic development of the corridor. They could have a least interviewed Kerry or Mayor Baldwin. They would have gotten some very good remarks on how much Schertz is interested in this. It -7- would have been more appropriate. The Commission was all in favor with the recommendation made by David Richmond. Pia Jarman stated she would write such a letter to the City Council. Councilman Ken Greenwald: Councilman Ken Greenwald thanked Steve for the tour of the City. "It is always amazing how things have changed. It is an eye opener". The City Council has talked about taking a tour of the City with Steve as a chaffeur. Driving the back roads, it is hard to believe how much land Schertz owns. Steve Simonson: Steve Simonson mentioned there was a passing remark about another sit-down restaurant. There was a gentleman in his office today asking questions but he would not come out and discuss what type of business. These types of discussions are what Steve Simonson heard just before Denny's decided to come to our City. It could be any where from a Luby's up. They just mentioned a sit down type restaurant. #7 ADJOURNMENT: Ernie Evans moved to adjourn the meeting. Keith Van Dine seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 8:15 p.m. The next regularly scheduled meeting is October 24, 1995. l . Chair oman, Planning and Zoning Commission City f Schertz, Texas ATTEST: r CN/1 Planning Sec etary City of Schertz, Texas -8-