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11-09-1993 PLANNING AND ZONING MINUTES The Schertz Flanning and Zoning Commission convened in a Regular Session on Tuesday, November 9, 1993 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. -Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN ROBERT GLISAR GEORGE VICK, VICE-CHAIRMAN MERWIN WILLMAN, SECRETARY CITY STAFF TONY MORENO PIA JARMAN... STEVE SIMONSON KEN GREENWALD, COUNCILMAN ASST. CITY MANAGER NORMA ALTHOUSE MEMBERS ABSENT RECORDING SECRETARY KEITH VAN DINE DAVID RICHMOND #1 CALL TO .ORDER Chairman Andrews called the meeting to order at 7:00 P.M. ~ ~Z~~. APPROV`A~ OF~MINUTE5c ..Regular~Sessi.o~n~~October 26, 199.3- ~ ~ - . . - ~Merwirt Wil~lma~n ~ - made~~~a~ ~motion~ to~°:approve the ~ minutes ~ fc~r `•~~~the- ° ...`'Regular Sessio'n' t~ctober` 2'6; ~-I~993...Tony Mo~enos~_ coiiderl' 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: Request from Marianne Bulgrin, 5317 Plaza Drive, for a Side Yard Setback Exception to the Requirements of the Zoning Ordinance Allowing Enclosure of a Carport Robert Glisar was at the meeting to represent this request. Mervin- Willman, citing personal reasons, disqualified himself from voting on this item. . Chairman Andrews implied this would have to be tabled until next session because there was not a quorum present to vote. (George Vick did not arrive at the meeting until 7:10 p.m.) Mr. Andrews also mentioned the request has to come from the owner of the property and asked Robert Glisar what his role is in this request. t ' Mr. Glisar pointed out Marianne Bulgrin is the owner of the property, but he is the contractor, and she had asked him- to attend the. meeting on her behalf. Chairman Andrews then mentioned the request is for a side yard variance., but there would also be a front yard variance and. asked if the property line isn't even with the fence. Robert Glisar answered he thought that was probably correct. Chairman Andrews questioned where the garage will be located and Robert Glisar replied in the same place as the existing carport. Mr. Andrews observed that's only about 8-12 inches from the fence which means. it will be only 8-12 inches from the property line. Mr: Andrews went on to say there are three other open .carports, . in the Mobile Villa area at the present time that are close like that. All the rest that are enclosed are way back. Tony Moreno acknowledged it will end up being a closed garage at the property line: - Chairman Andrews expressed the desire to see a plat of Mobile Villa between now and the next meeting. Steve Simonson produced .the plat and noted it has no front yard setback. Chairman Andrews_ asked .why not...considex .:encl.os ing., it:. ;..qn . the ~ . . other _ side: where ....these. ~s .a.. lqt more., .:room.:. , Robert _ Glisar. . - . arswered• he~~ felt.:•s~re .rt ,:ls..for~.:f~i~nanczah::•reasons~ -t~ha-t ~Mariaflne~: - ; . ~ Bt~lg~i~• wishes - . to- enclose• -theexisting carport ~ rathe:r..,ahan starting:"from ground up on the .other side: . Item #4 was tabled until the-next regularly scheduled meeting o~ November 23rd. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Dover Homes to Increase the Number of "Bandit Signs"• They are Permitted to Display from 12 to 25 There was no one from Dover Homes at the meeting to represent .this request. Chairman Andrews asked for input. Steve Simonson informed the Commission he had spoken with Lance Ligon wind Mr. Ligon feels .they're not getting enough exposure for Dove Meadows. Chairman Andrews agreed that more exposure is better and explained the Commission had come up with the number of bandit signs allowed based on the three miles of FM 3009 between FM 78 and IH-35. Mr. Andrews remarked someone had come up with the formula that if you travel that particular three miles of FM -2- t 3009 at 45 mph and there are 12 bandit signs along the route, you are going to see a sign every 45 seconds. Merwin Willman remarked he thinks the speed limit along FM 3009 has been permanently reduced to 4~5 mph, but Steve Simonson told him not to count on that once construction is completed. Chairman Andrews reminded the Commission they can either table this item or vote on it tonight. Merwin Willman referred to the letter from Lance Ligon of Dover Homes where it says they have under construction the last of 86 lots. Are those lots sold? Steve Simonson replied he thinks all but two are sold. Chairman Andrews noted, that according to the ordinance, they are authorized 12 signs (10 along FM 3009 and 2 at the entrance) per area of construction. Merwin Willman commented that if the lots are sold, they don't need any signs for Woodland Oaks. - Chairman Andrews added they have to be doing construction at both sites - when they're out of one site, they're done. Tony Moreno wanted to know if done means as soon as the lot . sells or when. the house is built and Mr. Andrews. replied basically..,as long. as. a sales representative ,is. on the property: . Steve.:: Si°monson - .interjected that.... --Dover~~ Homes is curre~b3~y ; , , . - . ; building two houses .in Dove Meadows and'has sold 22 out of 63 lots already. After further discussion about the fact .that Dover Homes is heading~~~t~oward completion- in Woodland Oaks and taking~..into consideration that there are already lots of signs/obstacles along FM 3009 due to the widening construction, the Commission felt this request should be denied. Merwin Willman made a motion to .disapprove the request from Dover Homes to increase the number of bandit signs they are permitted to display from 12 to 25. Pia Jarman seconded the motion and the vote was unanimous in favor. Motion carried. #6 CONSIDER AND MAKE RECOMMENDATION: Amendment to Article II, Paragraphs 15.3 and 16.3 of the . Subdivision Ordinance Merwin Willman made a motion to forward to City Council, for their- approval, the amendment to Article II, Paragraphs 15.3 and 16.3 of the Subdivision Ordinance. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. -3- #7 CONSIDER AND MAKE RECOMMENDATION: Discussion of Having Ten-Days After a Public Hearing in Which to Make a Recommendation to City Council (Tabled 10-26-93} Chairman Andrews, mentioning this had been tabled from the last meeting, asked if we had gotten a legal answer yet about the maximum days ahead of time you can publish a public hearing. Steve Simonson replied they had not gotten an answer yet. Item #7 was tabled until the next regularly scheduled meeting on November 23rd. ~8 GENERAL DISCUSSION Pia Jarman• Referenced Marianne Bulgrin wanting to enclose her carport and one of the reasons being for security. Mrs. Jarman said she wants to thank all who those worked so hard to make Schertz Parkway from Maske Road to IH-35 a reality. It's a~ beautiful area; However, sometime she sees just one jogger along there - and .has wondered if it's safe to jog alone. Are there vagrants? Also she has some concern about if help is available for a person who may have a heart attack or an accident in the area. 'How often does a police car patrol the parkway? .St.eve :Simonson .:...assured.; Mxs...:.. Jarman. there- .is. plenty of :,helg. available ahd ..in regard=-to~ vagrants,,thinks Mrs s`~ ~ Bi~lgr°n 'is- ` ~ ~•~worrie~l '''about- hitchhi•kers and backpackersalong °IH°-3~5 : - Is there vandalism? Probably. According to the Police Department, it is not a high crime area. Merwin Willman• Remarked that Dietz Road needs upgrading badly - 'there are three developments coming in that will be directly effected by it. Mr. Willman stated he would like to see a letter sent to City Council, signed by the Chairman, explaining the situation and bringing it to their attention. Chairman Andrews declared we're probably. remiss if we don't try to solve the problem, but we may be able to do nothing about it. Mr. Andrews .then asked if we would be perceived as interfering with Cibolo's City government if we expressed= concern. Councilman Greenwald stressed the letter would-_ have to be worded very carefully. You're looking at strictly City of Schertz growth and possible ,ramifications: because of the condition of Dietz Road. Chairman Andrews, playing the devil's advocate, said if he were the City of Cibolo he would say Dietz Road is a County road. -4- Are there grounds to push the County into doing something? Councilman Greenwald explained that when this came up several years ago there supposedly•was: some kind of ruling that said whatever a City annexes up to one side, whoever annexes the other side automatically gets the road, but they found no such - ruling. Mr. Greenwald further related they had heard there was a State law that you can't annex up to a road edge without getting the road, but nothing could be found to substantiate that either. Mr. Willman felt that something needs to be done and said maybe :the politicians need to get involved in order to solve the problem. We need to know for sure whether the road belongs to .the County or to Cibolo. Steve Simonson commented that if nothing is done and no right-of-way is procured, there will not be enough right-of-way to build a proper road even if the County wants to. Schertz is in the process of trying to get some extra right-of-way on our side. Tony Moreno perceived that if nothing is done now, it will become a politically hot issue, but the first step has to come from ,Cibolo.... • • ~ Ch~arinarr~ ~°•Andrews admitted he~~doesri't know :if~~•it has to,~~~•but' i't After further discussion, covering such topics as ETJ agreements, Chairman. Andrews asked what the big .impact on Schertz would be if Cibolo disavows the road and Schertz takes it. Councilman Greenwald replied the .maintenance would be the impact. Mr. Andrews then asked what about taking the approach that if the County fixes it, Schertz will take it. George Vick emphasized he doesn't think the Commission should dictate to City Council Councilman Greenwald advised he will bring the subject up at the. workshop tomorrow night. . Chairman Andrews requested that the Commission be informed of .City Council's reaction. . Steve Simonson: (a) Reported the City received a request from the Metropolitan Planning Organization (MPO) for new proposals for thoroughfares not included in the previous plan. -5- The City is going to send them a letter with the following proposals: (1) Doerr Lane from the MKT to FM 2252; (2) Build the~low water crossing..on E. Aviation and improve .the Cibolo Creek bridge; and, (3) Fund Woodland Oaks Drive from the end of Woodland Oaks Subdivision to Schertz Parkway. Mr. Simonson remarked that as a follow on, the City would eventually like to connect Woodland Oaks Drive with Green Valley Road on the Master Road Plan. There are two projects still waiting to be funded. One is Lower Seguin Road from Loop 1604 to FM 1518 and the other FM~78 from FM 3009 to the east gate of Randolph Air Force Base. (b) Mentioned he has been working with AACOG to come up with an ordinance for Traffic Impact Analysis. They are using Dietz and Borgfeld Roads and that whole area as a case study. (c) Remarked he had received a letter form Sam Parnes regarding - Sagemont. Morton has a lot of interest right now in all of its land. They are not opposed to our ideas and will come in and talk with us before the 60 days is up. Councilman. Ken: Greenwald: ; . ...:..:,~(a~)~ ~R~vealed::.he~: had brQUght~~~eogies -fon:...the• Commiss,ior~ of the : - - ~breakdown~ on~-costs• for lega-l ads and •reminded them the bid from the Express-News is from when the bight was still in business. Mr. Greenwald informed the Commission a one-cent tax raise generates about $25;OOO~per year. The City's primary concern is the legality of the newspaper. They are not trying:to hide anything. Ari attempt will be made to get legal .notices in the Newsetter whenever possible, and they will be posted on a second bulletin board. Chairman Andrews: Cautioned the Commission that the developer in Cibolo will probably request signage along FM 3009. The ordinance reads that's not authorized. Merwin Willman, saying: he had something to add, referred to the folder included with the APA Newsletter on the AP_A library and a means of borrowing .tapes. - Pia Jarman asked if the library isn't in Dallas and Mr. Willman stated it's in Fort Worth. Chairman Andrews pointed out that video tapes can be very informative. -6- < ~ 9 ADJOURNMENT Chairman Andrews adjourned the meeting at 7:50 p.m. ~~The next regularly scheduled meeting s~~November 23;1,993. -7-