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06-03-1986 PLANNING AND ZONING MINUTES The Planning and Zoning Commission and-City Council conducted a Joint Public Hearing on June 3, 1986 in-the Municipal Complex Council Chambers, 1400 Live Oak Road. Members present were as follows: PLANNING & ZONING COMMISSION CITY COUNCIL BOB ANDREWS, VICE-CHAIRMAN EARL SAWYER, MAYOR JAMES HARDEN, SECRETARY CHUCK SHARPE MERWIN WILLMAN ADOLPH AGUILAR TY BRISGILL KEN GREENWALD DAVID ALLEN HAL BALDWIN RAY STANHOPE MEMBERS ABSENT OTHERS PRESENT THOMAS YARLING, CHAIRMAN DONALD WILSON LEON PARKER, PECAN GROVE M.H. PARK DAVID NORTH, PECAN GROVE M.H. PARK CITY STAFF STEVE SIMONSON, PLANNING COORDINATOR NORMA ALTHOUSE, RECORDING SECRETARY JUNE KRAUSE, CITY SECRETARY #1 CALL TO ORDER Mayor Sawyer called the meeting to order at 7:00 P.M. and turned the meeting over to the Planning and Zoning Vice-Chairman Bob Andrews. #2 PUBLIC HEARING: Zoning Change#81 Rezone CDR property from Predevelopment to General Business. Said property is bounded by Borgfeld Road on the north, Jack Hays Boulevard on the west, FM 78 on the south and the landfill on the east. The minutes of this public hearing are:~:a duplication of the City Council minutes. #3 PUBLIC HEARING: Zoning Change #82 Request by Larry Thomas to rezone 77 acres of Northwood Subdivision. The breakdown of land use is approximately 4.~7 acres to Office and Professional, 11.7 acres to Multi-Family and the remaining acreage broken into R-5B and drainage. Said land Ts located approximately 1650 feet east of Jack Hays Boulevard, bordered on the south by Green Valley Road, on the west by the Kermit Harborth property, on the north by . Green Valley Joint Venture and on the east by the Frederick Schlater property. The property is currently zoned R-1. The minutes of this public hearing are a duplication of the City Council minutes. #4 GENERAL DISCUSSION There was none. #5 ADJOURNMENT OF PUBLIC HEARING Vice-Chairman Andrews turned the meeting back over to Mayor Sawyer who adjourned the Public Hearing at 7:08 P.M. The Planning and Zoning Commission reconvened in a Special Session, after the Joint Public Hearing, in the Municipal~Complex Conference Room. #6 CALL TO ORDER Vice-Chairman Andrews called the meeting to order at 7:1.3 P.M. #7 CITIZENS' INPUT OTHER THAN PUBLIC HEARING ITEMS ON AGENDA There was none. CONSIDER AND MAKE RECOMMENDATION: Zoning Change #81 Merwin Willman asked if this was a request from CDR and'Bob Andrews replied no it was-our initiative. David Allen questioned what some of the zoning is along Borgfeld Road across from the L-shaped property and asked if the plans are for Borgfeld to be a business area. There was a brief discussion on some of the proposed uses of the property. Merwin Willman made a motion to recommend to. City Council approval of the rezoning of the CDR property from Predevelopment to General Business. Ty Brisgill seconded the motion and the vote was unanimous in favor. Motion carried. #9 CONSIDER AND MAKE RECOMMENDATION: Zoning Change #82 Merwin Willman inquired as to whether or not Larry Thomas had officially requested this zoning change in writing and if he had paid the required fees. Vice=Chairman Andrews commented Mr. Thomas had come .in with questions on a proposed plan.. James Harden agreed to this and also commented that Mr. Thomas had asked for our feelings and opinions on his plan. Steve Simonson informed-the Commission we have nothing in writing from Larry Thomas. David Allen remarked he was not under the impression Larry Thomas had actually asked fora zoning change. Merwin Willman pointed out that the procedures for requesting a zoning change and `the fees required are outlined in the ordinance.. Steve Simonson told the Commission he thought he-was acting on their instructions from the meeting that Larry Thomas attended. Mr. Simonson also said he had spoken with Larry Thomas and informed him the fees would have to be paid. Vice-Chairman Andrews asked if we are in line to table this until Larry Thomas comes in with the fees and the formal request fora zoning change. David Allen made a motion that based on no formal request and no fees paid, we table action on Zoning Change #82 until the meeting of June 10, 1986. Merwin Willman seconded the motion Before a vote was taken, Vice-Chairman Andrews interrupted to ask if there were any Staff comments. Mr. Andrews said~he seemed to recall that Water & Waste Water Superintendent, John Bierschwale, had indicated there is a water storage problem. Steve Simonson said that problem would have to be addressed by the developer. Mr. (~1 Simonson also said Larry Thomas is aware of the fact he will be approached by Greenshire to participate in the water storage project.. David Allen commented that something that concerned him about Larry Thomas' plan was there were no connecting. streets, it was~a closed subdivision. Merwin Willman remarked there were stub outs in Oak Forest that Larry.Thomas would have to take into consideration. James Harden wondered if anybody is planning anything for Green Valley Road such as bridges. David Allen remarked there will be people in Northwood who cannot get out in a flood situation. At this time the vote was taken on the motion.^and second of such motion to table action on this until the meeting of June 10, 1986. The vote was unanimous in .favor. Motion carried. #10 CONSIDER AND TAKE APPROPRIATE ACTION: Associated Architects - Request to Put . Entrance Sign at Greenshire Steve Simonson informed the Commission they had cancelled out because they don't have the information yet that we need. . Merwin Willman made a motion to.table the request from Associated Architects to put an entrance sign at Greenshire until the next meeting, June 10, 1986. David Allen seconded the motion and~the•-vote was unanimous in favor. Motion carried. After the vote, Merwin Willman mentioned they were the ones who had no measurements for: us. Mr. Willman suggested if they were•~not ready by the next meeting, it would be~best not to put them on the agenda. #11 CONSIDER AND MAKE RECOMMENDATION: Pecan Grove Mobile Home Park - Request fora Variance on the Front Setback From 10' to Either 7' or 6' Leon Parker and David North from Pecan Grove Mobile Home Park were present at the meeting. Vice-Chairman Andrews asked Steve Simonson.~if there was any input from the Staff. Mr. Simonson replied the. Fire Department and EMS had no problem. with the variance. There was no answer from the Police Department. Merwin Willman told the Commission he presumed they had all gotten a copy of the past minutes pertaining to the Mobile Home Park. Mr. Willman noted .that on March 5 , 1985 a variance was granted .for the lot size . from 500 square feet to 36~' x 95' and two other variances at the same time. David Allen said he has no, problem with=;the variance because t:is a closed park - Mr.~ Parker owns all of it.~ Mr. Allen also said hi.s concern about~~the safety had • 'been answered. ~ • Vice-Chairman Andrews commented he would like to point out again that whatever variance is permitted will .become the standard. ~3) David A11en remarked that all these streets are not dedicated -.they belong to Mr. Parker. Merwin Willman reminded the Commission that the ordinance is set up with certain rules and. procedures that are to be followed. David Allen said we are talking about~a distance of approximately 3' and he hates to .see development stopped for 3', Vice-Chairman Andrews indicated he had .a~tendency to agree because of the diagonal lots, but went on to say we must take it into consideration if they were parallel lots. David: Allen reiterated his opinion that~he couldn't see where 3' made that much difference. Ty Brisgill commented he does not' t.hink.we.are stifling development because there are some lots where the longer mobile homes can be placed. Mr. Brisgill feels we need to follow the ordinance and adhere to it: Merwin Wi~l.lman:remarked that when the Master. Plan was approved by Planning and Zoning, the Mobile Home~Park was set up a certain way and now it has been changed. David Allen pointed .out we_are not giving:the~-man a chance to make a mistake - circumstances;have changed since the Mobile 'Home Park was started and Mr. Parker would like to make some adjustments.. There was further discussion.on diagonal lots and on the number of variances that haverbeen=requested~by the Mobile Home.Park: David Allen made a motion to recommend approva1:of:the request by Pecan Grove Mobile Home. Parks fora variance on the front~setback.from 10' to 7'. James Harden asked if this motion included the entire park and.David Allen replied yes. The motion died for lack of a second... Ty Brisgill made a motion to.recommend:disapproval of .the request from Pecan Grove Mobile Home-Par.k for a variance on.the front setback~from~.10'. to either 7' or 6' based..on the fact the ordinance,.is adequate and there is no need for a variance. James Harden seconded the motion and the vote was as follows: Ayes - Brisgill and Harden,. Nays - Willman and Allen, To break.the tie, Vice-Chairman Andrews voted to recommend disapproval of the variance request Motion carried.. Merwin Willman then asked if he could make his .recommendation. Vice-Chairman - Andrews indicated for him~to go ahead. Merwin Willman made a motion to. recommend we grant a~temporary conconformance use for those 22 mobile homes already. in place as of May 29, 1986 to be effective when the City .is provided a list of the Block numbers, Lot numbers and Model numbers. This nonconformance use will.remain.in-effect until such time as the mobile homes are moved:-.. Upon being moved, the vacated space must comply with the 10' setback. David :Allen seconded the motion .and the vote was unanimous in favor. Motion ,carried. (41 Vice-Chairman Andrews informed Mr. Parker. and Mr. North they still have an avenue of approach through City Council. Steve Simonson informed them all we do is make a recommendation, David.North asked if these minutes are written down and was told yes they are. Mr. North remarked he heard no negative comments other than they have asked for too many variances. Mr. North said it was, his impression this was the reason for the disapproval. Vice-Chairman Andrews-tried to reassure David North the variance . was disapproved because the Commission feels the ordinance is adequate and there is no need for a variance: #12 CONSIDER AND TAKE APRROPRIATE ACTION: Swinney Homes (Land Traders. Real Estate) - Request-to Erect Bandit Signs Along FM 3009 to Advertise Dobie Heights David Allen asked. Steve Simonson if, according to his notes accompanying-this request, he was telling the Commission Swinney Homes was already in violation. Steve Simonson replied.yes. Ty Brisgill asked if this was the same company that had, requested the temporary development sign. Steve Simonson replied yes. David Allen asked if action is being taken to cite this company for it's violations. Steve.Simonson replied yes and that we are also trying to get help on the situation. Merwin Willman made a motion to disapprove the request from Swinney Homes to erect bandit signs along FM 3009 advertising Dobie Heights because the FM 3009 Overlay Ordinance prohibits signs by developers advertising anything except development along FM 3009 (Jack Hays Boulevard). David Allen seconded the motion and the vote was unanimous in favor.. Motion carried. #13 CONSIDER AND MAKE .RECOMMENDATION: Forbes Management - Request for Rezoning of a 43,613 Acre Tract Situated~Between IH 35 on the South, FM 482 on the North and East of FM 1103, Hubertus Road. From GB & PD to M-1 Vice-Chairman Andrews asked if there was any input from the Staff.. Steve Simonson informed the Commission these are the people from Ohio who are trying to bring in big business. Mr. Simonson said they have bought several big pieces of property and asked to have them rezoned. Steve Simonson also informed the Commission they would like to schedule this request for rezoning fora public hearing to co,inside with annexation time schedule. David Allen made a motion to recommend Citjr Council schedule a public hearing for the request from Forbes Management to rezone a 43.613 acre tract from GB & PD to M-1 ..and to :have the public hearing coincide with annexation time schedule. James Harden seconded the motion-and the vote was unanimous in favor. Motion carried. #14 CONSIDER AND MAKE RECOMMENDATION: Emergency Subdivision Amendment. David Allen asked if the ordinance as it is now does not say who buys the street and traffic control signs. He was informed it does not. Each Commission member received a copy of the proposed amendment to the Subdivision Ordinance, Article III, Section 18.18, Street and Traffic Control Signs. (5) Merwin Willman questioned. Steve Simonson about Section. 18.18 as the correct number if it's out of the current ordinance, Steve Simonson aid it should be corrected to read 18.10, Merwin Willman suggested the. Commission think-about putting some kind of time element in the amendment. There was .discussion on who issues street numbers, who determines speed limits and various time elements that are reasonable. Ty Brisgill made a motion. to recommend approva7:of the Emergency Subdivision Amendment, Article III', Section 18.10, Street and Traffic Control Signs with the addition of the phrase "upon occupancy•of a dwel ing on a particular street". James Harden seconded the motion and the vote was unanimous in favor. Motion carried. . N . #15 CONSLDER AND TAKE APPROPRIATE ACTION: Possible Rescission of Permission for'Thistle Creek Bandit Signs Vice-Chairman Andrews-informed the Commission he feels bandit signs should be limi- ted to the builder. Mr. Andrews said we.were in~error allowing bandit signs for Thistle Creek as that is the name of the subdivision. Mr. Andrews said we should have allowed them only for Pu1te Homes since they are the builder. David Allen asked if this is going to be a policy to permit bandit signs for builders only and it was agreed it is. Ty Brisgill asked about.tfie other subdivisions - if we could do this same thing. Mr. Brisgill was informed none of the other subdivisions had asked for. bandit signs other than for the builders. David Allen made a motion to rescind the permission for erection of Thistle Creek bandit signs (permission granted according to minutes of Sept. 10, 1985) but retain the right for erection of Pulte Homes bandit signs. Merwin Willman seconded the motion and .the vote was unanimous in favor. Motion carried. #16 GENERAL DISCUSSION Ty Brisgill once again mentioned the banners at the house on Eli Whitney and Steve Simonson said he had .spoken about it with the City Inspector. Merwin Willman recommended the tapes of-the Planning and Zoning meetings for May 27, 1986 and June 3, 1986 be wetaned for one year so we are able to go back over the points of the conversation. Steve Simonson said he saw no problem with this as long as it does not become a large practice. Merwin Willman asked that the proposed changes for the Rules of Procedure and the • Zoning Ordinance be on-the agenda for-the next meeting. Vice-Chairman Andrews asked for these items to be placed on the agenda for June 10, 1986. Vice-Chairman Andrews asked if the City is maintaining the drainage easements. Mr.~ Simonson replied yes they are. Mr. Simonson also said they are having a problem with the one behind the Sycamore Creek Apartments, however it does not belong to the City. Merwin Willman informed the Commission there had been a meeting with the engineers f61 _this week and they are addressing the drainage problem. _ Vice-Chairman Andrews. asked how often the City anticipates cleaning out Cut-Off Park (it has become a regular drop off) and Steve Simonson said he would check . with the appropriate people. Ty Brisgill asked if there. were going to~-be any developers at the meeting about - Schertz-Parkway,on.June-11. Steve Simonson replied he would have more information on that meeting by.our next regular meeting on 'June 10; 1986. Councilmen Ken Greenwald and Raymond StanHo.pe came into the conference room at 8:29 P.M. Steve Simonson told the Commission about the latest development with Barshop and also asked the members to consider-the problem: of sidewalks on Jack Hays Boulevard. Vice-Chairman Andrews said we (the P&Z) do not have the knowledge to recommend or the availability of establishing a.fund up front for future construction of side- wa 1 ks . David Allen commented he thought the City Manager had already addressed this problem and suggested Steve Simonson check with-the City Manager for an update. Steve Simonson remarked that in some places it would be silly to think about side- - walks. Merwin Willman noted that a City Council~Workshop they were thinking about elimi- Hating sidewalks. altogether. Vice-Chairman Andrews mentioned that from what he had seen in .San Antonio and Universal City where there were no sidewalks before, as development comes in they are putting in sidewalks. Merwin Willman asked if it is feasible to have sidewalks from. FM 78 to IH 35. Steve Simonson asked if the sidewalks are being cut out of the greenbelt. Vice- Chairman Andrews replied they are contiguous and .David Allen said they .are part of . the greenbelt. Vice-Chairman Andrews remarked he thought the exceptions to constructing sidewalks were because of either topographical layout or :geometrical design. Councilman Stanhope pointed out that Schertz does not_.own all of FM 3009 - Cibolo owns part of it and we may: not be able to'get them to put in sidewalks. Councilman Stanhope also questioned the reason for walking along FM 3009. Ty Brisgill noted there are some people who walk or jog for exercise along FM 3009. Vice-Chairman Andrews said he was. looking 10 years on down the road and mentioned Walzem Road as a comparison. Vice-Chairman Andrews asked if Naylor came in .with a request fora sign. Steve Simonson replied no. James Harden asked for where and Vice-Chairman Andrews said at.Borgfeld and FM 3009. Mr;-Andrews said he had informed the worker who was about.to.erect the sign- about the requirements of the Overlay .Ordinance and he left without putting up the sign. (7) Steve Simonson said he had received a call from the District Manager of Payless Gas in regard to their Winston Cigarette Sign and the District Manager had asked if the City of Sehertz has special zoning on that one road, Mr. Simonson said he told him yes.and that terminated the conversation. Councilman.Greenwaltt asked what had happened in regard to the request from Leon Parker and Steve Simonson informed him of the 3-2 vote against the variance request. Councilman Stanhope questioned what we told Leon .Parker to set the mobile .homes on. Vice-Chairman Andrews replied a grade and packing required by the State. David Allen filled Councilman Stanhope in on the situation at the Mobile Home Park and Steve Simonson said the occupied mobile homes did not shift. The next regularly scheduled meeting is June 10, 1986. #17 ADJOURNMENT Vice-Chairman Andrews adjourned the meeting at 8:39 P.M. /n\