Loading...
05-13-1986 PLANNING AND ZONING MINUTES The City of Schertz Planning and Zoning Commission convened in a regular session on Tuesday, May 13, 1986 in the Municipal Complex Conference Room. Those present were as follows: PLANNING & ZONING COMMISSION MEMBERS ABSENT BOB~ANDREWS, VICE-CHAIRMAN THOMAS YARLING, CHAIRMAN JAMES HARDEN, SECRETARY MERWIN WILLMAN CITY STAFF TY BRISGILL ~ DAVID ALLEN STEVE SIMONSON, PLANNING COORDINATOR DONALD WILSON NORMA ALTHOUSE, RECORDING SECRETARY KEN GREENWALD, COUNCILMAN #~l CALL TO ORDER ~ Vice-Chairman Andrews called the meeting to order at 7:07 P.M. #2 APPROVAL OF MINUTES: A. Regular Session April 22, 1986 Ty Brisgill made a motion to approve the minutes for the regular session April 22, 1986. David Allen seconded the motion and the vote was unanimous in favor. Motion carr.i ed B. Special Session May 6, 1986 Merwin Willman pointed out that on page 4 of the minutes, paragraph 5, the line of .the motion that reads "remaining acreage broken into 280 lots of RB5 and drainage" should be amended to read "remaining. acreage into R-56 and drainage." Merwin Willman made a motion to approve the minutes for the Special Session May 6, 1986 as amended. David Allen seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND MAKE RECOMMENDATION: Variance Request - Windy Meadow Mobile Home Park Ty Brisgill asked if there was any input from the Staff and Steve Simonson replied the only Staff comment was that the 20' is consonant with the 20' setback to which it is adjacent. Vice-Chairman Andrews referred to the new Zoning Ordinance being compiled stating it .does away with 25' setbacks. Steve Simonson commented he thought Mobile Homes were an exception to that. Merwin Willman reminded the Commission this is a request fora variance. Steve Simonson said he thought this is not so much a zoning variance as it is a plat variance. Ty Brisgill asked if in that case they would have to submit a new plat. Steve Simonson replied it would have to be a revised plat. • Each member had received in their package copies of all excerpts from the minutes. ~ for the past two years pertaining to Windy Meadow. There was discussion on these as far as what had been voted on and approved, what had never been voted on, and what had .never been voted on but after a certain amount of time was accepted as agreed upon. James Harden commented they were .asking for this same thing on April 23, 1985. Merwin Willman pointed out this property had changed hands - it used to belong to Mr. Jackson. Merwin Willman also remarked .that right now the ordinance calls fora 25' setback and what they are asking for would make it a 20' setback. ~ Steve Simonson said that it correct, but he still thinks it is a plat variance, not a zoning variance. • David Allen noted that on June 11, 1985 the final plat had been approved.' Mr. • Allen also commented that at the time he had asked about any problem with the size of the lots and Earl Hartzog informed him that usually a person buying a Plobile Home looks at the lot size of the park where he wants to locate before purchasing the Mobile Home. Vice-Chairman Andrews said he realizes the people from Windy Meadow claim their engineer did not correctly follow the approved plat, but Mr. Andrews wondered ~ • what would preclude someone, such as himself, coming in at sometime in the. future ' with a plat, having it approved, and then claiming the builder did it wrong. Mr. Andrews .said he knew what the Planning and Zoning Commission would tell him to do. Ken Greenwald asked what Windy Meadow is going to have to do and. Steve Simonson replied put a smaller Mobile Home on the lot. David Allen observed, in looking over the minutes, they have asked for variance ' after variance. Ken Greenwald said it appeared after they read the Mobile Nome Ordinance they decid'ed~•:: . to ignore it's regulations. Ty Brisgill, referring to the variance requested by Mr. Kendall for Brooks Avenue, • asked if this could be construed as requiring the same procedure. Steve Simonson replied only if you feel it merits a public .hearing, but not if you turn it 'down tonight. ~ . ..Ken. Greenwald commented he thought we have enough documentation fora turndown. • Ty Brisgill pointed out, though, that the proposed house on Brooks Avenue could have . had the plans changed and not required a variance. ~ James Harden answered by saying that Mr. Kendall was completing a subdivision whereas;'.. this is a new subdivision, and in his mind they are two completely different things. Ty Brisgill asked if we have to take a vote if this is recommended to go: to a public~'.~. hearing and Steve Simonson replied yes we do. . f?1 Ken Greenwald informed Mr. Brisgill if we decide against the variance, Windy Meadow has the option of going to the Board of Adjustment. James .Harden made a motion to deny the variance request from Windy Meadow Mobile Home~Park. David,Allen seconded the motion and the vote was unanimous in favor:. Motion carried. • #5 CONSIDER..AND TAKE~APPROPRIATE ACTION: McKinney Homes - Request to P1 ace Bandit Signs Along FM 3009 • ~ ~,Merwin Willman questioned whethew Mr.~Ogden of McKinney Homes knows our procedures. Ty~~Brisgill said :he had talked with Mr. Ogden when he had signs up at first with- • out permission. Steve Simonson said he had written him a letter. David Allen asked if these are the same houses for which a Universal City Realtor. had a sign up advertising and which we asked him to take .down. Vice-Chairman Andrews replied yes - that was ERA Schoolcraft and they are not th.e~•ones'selling the homes. . ~ Vice-Chairman Andrews suggested that Steve Simonson's letter to Mr. Ogden be attached to this. request for bandit signs and to our minutes. • ~ Steve Simonson informed the Commission McKinney Homes has taken over the refur- bishing of the Jim Shepherd Homes in Woodland Oaks. Ty Brisgill commented the .models were a wreck before McKinney-homes took over. Dav~.d Allen made a motion to approve the request from McKinney Homes .to place no ~ more than 10 bandit signs along FM 3009 so long as they are in accordance with the . regulations of the FM 3009 Overlay District Ordinance. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. #6: CONSIDER AND TAKE ARPROPRIATE ACTION: Wm. Swinney & Co. - Request for Temporary Development Sign at Intersection of Elbel Road and FM 3009 to Advertise Dobie Heights • Subdivision • Ty Brisgill asked,~if when the sign-was first up and then taken down,. was Mr. Swinney made aware of the Overlay Ordinance. Steve Simonson replied that for three months he had tried to contact him by phone, . by letter, and even enlisted the help of Cibolo. However, Mr. Simonson said we coup not get his .attention until we tore down his sign. Ty:••Bri•sgi.ll reported that the bandit signs for Dobie Heights were up again last weekend which he considered a blatant disregard of our rules and regulations in the_Overlay Ordinance. David Allen asked if we charged him for taking down his sign. Steve Simonson replied they had not taken a picture of the sign, so they could not charge him. • Mr:._•Siinonson did say they would know better the next time. David Allen asked if the homes are in Schertz and was informed they are not. Then Mr. Allen asked if the homes are close enough to Schertz to benefit us. Vice- • Chairman.•Andrews~replied, that in his opinion, they are. ' . {3) David. Allen commented we had made an exception to the .Overlay Ordinance in tlie~past with the Thistle Creek .sign. Vice-Chairman Andrews stated that Thistle Creek has done things in thepast to bene- fit the City of Schertz, James Harden remarked he thought Edgar Von Scheele had sold the land. Steve;.:_Simonson said he was pretty sure he had, James Harden then said that if he had sold the land, then Mr. Swinney does not have his permission to put the sign o~n~the pi^operty: Merwin Willman inquired from the Commission if they were aware since Thistle .Creek how many signs have been approved and how many more there .will be: 'Mr, Willman emphasized we have plenty of our own, we don't need those advertising outside our immediate area. David.Allen pointed out that the letter from Mr. Swinney says he will promptty ~ - remove the sign after 6 months. Mr. Allen was of the opinion, however;.that::~~EO'?ts:id- ering all the trouble Mr. Swinney has caused, we should not believe him. Merwin Willman said we should leave .some space for those who are going°to develop along FM 3009. . Ty Brisgill commented that if we negate everything for Ci.bolo, it•may'6e harder to.~ get thier cooperation when we need it, Steve Simonson remarked that Thistle Creek is more a part and parcel of~FM~3:009 than is Dobie Heights and they have complied with and obeyed our.. zoning laws:,: Mr.. Simonson also added that probably some of the homes in Dobie Heights a.re in the floodplain and he does not want to be repsonsible for a sign advertising homes in a floodplain. Merwin Willman commented all we need to refuse are the ,grounds that the requested sign does not conform to the regulations of the FM 3009 Overlay Di.stri~ct Ordinance. • Vice-Chairman Andrews agreed and added if Mr. Swinney wishes to pursue. it he can•go before the Board of Adjustment. Ty Bri.sgill asked if we turn down the request shouldn`t we list all, the inf,.ormation, circumstances and past action in our reasons for disap.prowal. Steve Simonson replied we have a backup file if Mr. Swinney pressures ~us..Mr: Simonson also reminded the Commission they had turned down a Cibolo Valley Dev,elgpment sign several times for reasons of nonconformance with the. Overlay Ordi.nance.~;.. Merwin Willman made a motion to disapprove the request from Wm. Swinney & Co..,,.for a temporary development sign at the intersection of Elbel Road and FM •:3009 to~~~ advertise Dobie Heights Subidivison because it does.not conform to.i:he~regul'ations of . FM 3009 Overlay District Ordinance. David Allen seconded the motion and the vote was unanimous in favor. Motion carried. #7 GENERAL DISCUSSION ~ ~ ~ ' Vice-Chairman Andrews expressed his concern that a mistake had been made by`P]anning and Zoning on bandit signs in approving them for both Thistle Creek .and Pu1te Homes... Mr, Andrews explained that all the others could. do the same thing - Gemcraft`:coul,ct rega:est bandit signs for advertising Woodland Oaks, NPC and Monarcfl far'Savannah Square., Vaughan .for Silvertree, etc. ~ ~ ~ (4) Vice-Chairman Andrews pointed out that Pul.te is the builder, Thistle Creek the Sub~c}ivision, and that with Thistle Cr.eek`s other large sign, an additional 10 . bandit signs gives them unfair advantage. Ty Br7sgi.11 asked if the other builders are pushing~it. Vice-Chairman Andrews • ~ replied no, but.they could at any time. Merwin:Willman said•we need to take a look at our ordinance and the signs that we have approved. V,ice~-Chairman Andrews suggested this be put on the next agenda. - David A1~1'en indicated maybe we need some kind of policy. • Ste.ve~Simonson reminded the Commission Thistle Creek was one of the first and this is.a~ learning process. ~ Donald Wilson arrived at the meeting at 7:55 P.M. Ty B,rsgill read from the Overlay Ordinance but could find no specification for either developer or builder as far as bandit signs. • - Steve Simonson said it doesn't specify, but the Planning and Zoning Commission can. • ~ Merwin Willman suggested this be on the next agenda and that the Commission members read the minutes and see what was done. • ~ Merwin Willman, looking ahead to further development in Schertz, noted that there are: three roads. that are going to need a lot of. improvement: (1) Green Valley Road.;.(2) Dietz Road and (3) Borgfeld Road. Mr. Willman emphasized now is the time • for.•plans to be made and perhaps a letter should be presented to City Council. • Vice-Chairman Andrews remarked maybe Green Valley Road, but as for Dietz Road it would have to be determined if it belonged to Schertz or to Cibolo. Steve Simonson informed the Commission that according to an agreement in 1975 on ~the:.ETJ line between Schertz and Cibolo, Dietz Road is in the City of Cibolo. • Ty Brisgill asked if Vaughan is aware of that fact. Steve Simonson said no, but Vaughan won't be doing anything there for some time to come. There was further discussion on this bringing up plans by several developers, plans • by CGMA and the possibility of a bond issue for repair of some roads. • Merwin•Willman asked if the street signs in a subdivision are the responsibility of • • ~ tfie~ •City or the developer. Steve Simonson replied that the City had put them up in Woodland Oaks, but the other subdivisions were the responsibility of the developers. • Merwin Willman commented he would think the street and traffic control signs should be u.p by now in Silvertree. Ty Brisgill stated. they have street signs in Woodland Oaks but not. traffic control signs:.. Merwin Willman asked if the City has extra copies of .the City Master Plan and Steve • Simonson replied he had found only one copy. (5) Ken Greenwald explained they are looking at bonds for the City. Mr:'Greenwahd• said :they are trying to form a committee of 15 - 20 citizens who could~~be neui:ral.•~. in making their recommendations. Mr,~Greenwald said they have not~had a meeting' ' yet but when they do, the Commission members might want to attend acid listen to'., the bonding process, ~ . Ken Greenwald said they would like to follow the' format of New Braunfel's who ~put•~••:~ , theirs before the voters item by item and told them how much each item would cost::' Ken Greenwald mentioned there had been some dumping at• Cut-Off Park of:concrete• and there was only supposed to be tree clippings there-, ~ Steve Simonson stated the concrete probably came from a small parking,area ir1 they' park that had been .removed by the City because of some trouble on the part of the~• Police Department. ~ Ken Greenwald commented there is a public hearing on Schermerville at the City Council Workshop on May 14,.1986. ~ Ken Greenwald also commented he had asked Richard Harris about the Sign:Ordinance ' and Mr. Harris said he would check into it, Mr: Greenwald said it gets .to t:he point where you can't do anything without going through the legal•department~ Ken Greenwald suggested that either Steve Simonson, Tom Dovey or Don.:Brodeur,check into some. work going on behind Bussey's Flea Market. Mr., Greenwald said he~under:=~• • stood there was lots of landwork going on and that some of the drainage was being.:~..~ changed. Ty Brisgill asked how long ago the property between th•e Sycamore.Creek';~.Apartments• and the School Administration Building had been rezoned. Steve Simonson rep7ied•~:.: • it was approximately a year ago and the property is now in receivership. ~ • Merwin Willman remarked we have other land that has been. rezoned for•some time with- out any development being done and we should take a look•at it to determine the.best ' thing to do about the zoning. , David Allen, referring to all the plats and plans coming in with 50' x 100' 1ots,~ said.that type of .density bothers him. Mr. Allen feels we're bui.•lding, ghettos and~:• Donald Wilson said that's what they end up becoming. Merwin Willman said we can. take a look at changing the.s.ituation but:i~t.may.'stymie••• the growth of the City, . Merwin Willman noted we had failed t.o.mention to Larry Thomas anything about.a~ • certain amount of land for recreation in Northwood. Steve Simonson sai;d he :had. talked with Larry Thomas on that subject, ~ ~ • Donald Wilson apologized -for being late - he has been working a lot of•overt.ame..':~';:. Merwin Willman asked that a couple of things from the• minutes of •Apri;l•.22, 1'986 be clarified for his benefit and they were. Mr. Willman was not at•the'meetng~~~~•• on that date. James Harden commented that the same people (Wagner) were over working on South~~:~:°. 410 that afternoon, .The situation was similar to that when they 'had wo'rked:~on, FM 3,009 several weeks ago. (6) ' Ty Brisgill commented he couldn't wait for Mr. Ehlers at which time Steve Simonson ~ remi~rided the Commission of the Joint City Council and Planning and Zoning Workshop ~ on,Nlay 28, 1986 when Mr. Ehlers will.:be present to discuss FM 78. Coming back again to signs along FM :.3009, Ty Brisgill expressed the great need for • enforcement of the ordinance. Mr. Brisgill said it makes no sense writing Tetters ' and.wasting time pulling out signs if we can`t enforce the ordinance. He suggested ~ maybe .we need some volunteers. SteV~e Simonson said he has written letters and has talked to the Inspection Department, but of course, a lot of the signs go up on the weekends. . ~ ~ Davd~~.Allen again pointed out that the Police Department doesn't know which signs we ,.have approved. ' Steve Simonson stressed that he doesn't want to burden the police with the respon= ' sibi'lity of signs. Mr. Simonson said maybe someone should be assigned to yank the • signs on the weekends. ~ Ken .Greenwald suggested that citations be written for violations. Mr. Greenwald ' ~ feela.~that fining them may be the only way to get their attention. Steve Simonson said we need something in writing from the City Manager outlining what he wants the Staff to do. Mr. Simonson stated he does not have the authority . to write a citation but the Inspection Department does. ~ David Allen asked if the Schertz-Cibolo• Joint Committee is down the drain. Ken ~ Greenwald replied he~will check with Chuck Sharpe to see if any contact has been made :or any interest expressed. Merwin Willman suggested all the Commission members get a copy .of the AICUZ study tp•better inform themselves on the problem of zoning the Schermerville area. David. Allen said he would like to see a workshop on the Schermerville area. Merwin Willman commented it won't be hard to.recommend zoning along IH 10 or FM 1518, but it will be for the rest. David Allen suggested discussion on planning a workshop for Schermerville be on the next agenda. Ty Brisgill asked if there was any progress on the Schertz Parkway. Ken Greenwald , replied some of the developers need to get their act together. Vice-Chairman Andrews, expressing concern at having enough present for a quorum, . asked the members to look seriously at whether or not they want to be a Planning and Zoning Commission member. The. next regularly scheduled meeting is May 27, 1986. #8 ADJOURNMENT ' Vice-.Chairman Andrews adjourned the meeting at 8:41 P.M. . ~7)