Loading...
02-08-1994 r- r • PLANNING AND ZONING MINUTES The Schertz Planning and Zoning~Commission convened in regular session on Tuesday, February 8, 1994 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. .Those present were as follows: ` PLANNING ZONING ~COMNIISSiON.~• ~ CITY STAFF BOB ANDREWS, CHAIRMAN STEVE SIMONSON, GEORGE VICK, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY NORMA ALTHOUSE, KEITH VAN DINE RECORDING SECRETARY DAVID RICHMOND PIA JARMAN KEN GREENWALD, COUNCILMAN MEMBERS ABSENT TONY MORENO ~1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. ~2 APPROVAL OF MINUTES: Regular Session January 25, 1994 Merwin Willman made a motion to approve the minutes, as written, for the Regular Session January 25, 1994. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. ~k3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND MARE RECOMMENDATION: Proposed Changes to Subdivision Ordinance Regarding Private Streets Merwin Willman had prepared a draft of recommended changes to the Subdivision Ordinance in regard to private streets. His suggestions had been included in the Commissioners packages for consideration and ,review. Mr. Willman's report is as follows: Recommended Changes to Subdivision Ordinance Section 18, Streets, Paragraph 18.4, Private Streets,. is deleted.. Section 18.4 Private Streets A. Private streets within the City of Schertz may be authorized providing all of the following conditions are met: (1) A homeowners association is established to maintain and upkeep all streets in a constructed home subdivision or a manufactured home subdivision in accordance with the City's public street standards, to include the mowing of shoulders and right-of-way, removal of weeds and unclogging of culverts. (2) Private streets in a manufactured home park are 'constructed in accordance with the City's standards for public streets. (3) The following "maintenance agreement" will appear on the subdivision plat: Streets. Streets in this subdivision will be private streets constructed in accordance with the City of Schertz public streets standards. The upkeep and maintenance to include the mowing of shoulders and right-of-way, removal of weeds and unclogging of culverts shall be the responsibility of the homeowners association. The City of Schertz is released from any liability of these streets. Periodic inspection by a public official who is authorized to enforce complaints about poor maintenance is permitted. This agreement includes the maintenance and upkeep for controlled access to the subdivision by the homeowners association. (4) The following "maintenance agreement" will appear on the plat for a manufactured home park: Streets. Streets within this manufactured home park will be constructed in accordance with the City of Schertz public streets standards. The upkeep and maintenance to include the mowing of shoulders and right-of-way, removal of weeds and unclogging of culverts shall be the responsibility of the manufactured home park administration. The City of Schertz is released from any liability- of these ' streets. Periodic inspection by a public official who is authorized to enforce complaints about poor maintenance is permitted. (5) Provide access for fire protection, ambulance, police, school bus, garbage service and other utility agencies. B. Converting to Public Streets. Private streets must meet the tandards established for public streets before acceptance by the City. -2- C. One Resident. Private street or road serving only one. resident' is exempt from construction and maintenance standards for public streets. D. When there is controlled access to a subdivision, whether it is a mechanical device or a security guard, the maintenance and upkeep will be the responsibility of the homeowners association. E. Ingress/Egress. Private streets shall connect directly to a public street or road. "Exhibit C" Recommend the following definitions be added to "Exhibit C" of the Subdivision Ordinance: Easement: An acquired privilege or right-of-way use which one person and/or public agency has across, over or under another person's land. Right-of-Way: The right of passage acquired for or by the public through dedication, purchase or condemnation and intended to provide pedestrian and vehicular access to abutting lots, tracts or areas. Also for use by utilities and to provide for drainageways. Road: The entire area between the right-of-way lines of any public road. or the entire width of a private road easement created to provide ingress or egress to land. Street: ~ A strip of land comprising the entire area within the right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes road, thoroughfare, parkway, avenue, boulevard, court, expressway, highway, lane, throughway, place, square, alley or however otherwise designated within the right-of-way. Street, Private: Any street right-of-way not dedicated to public use. Street, Public: Any street right-of-way dedicated to public use and/or maintained by the City of Schertz. .Chairman Andrews asked what the Staff feeling is about private streets. Have we had any input from the Fire Department,, the Police Department or SAFES? Steve Simonson replied the Staff has no problems with private streets other than being able to get in when called in case of emergency and with the perception of people who move into the subdivision with private streets wondering why the police are -3- not patrolling their area. Mr. Simonson went on to say if they're open private streets, that's one thing. If they're closed private streets, then peripheral problems arise such as how to get in real quick in case of a serious fire or a serious medical emergency. Chairman- Andrews then asked if there wasn't supposed to have been something on the side of the gate in Greenshire Estates in case of emergency. Steve Simonson answered .either that or some sort of code to get access. Mr. Simonson further stated that basically there's no problem with a subdivision that has 9 homes and private streets. It's the subdivision, like we're being asked to look at in Northcliffe, that has 300 homes and private streets that presents a different kind of problem. Merwin Willman, in his draft, listed the need for a statement to be on the plat about private streets. George Vick inquired from Merwin Willman if he had talked with other homeowners associations about how they handle private streets and Mr. Willman replied he had not. Merwin Willman stated when a person buys in a subdivision with private streets, he's sure they're told the homeowners association maintains the streets. Chairman Andrews referred to Elm Creek Subdivision in San Antonio and explained they are well aware the streets are private and maintained by the homeowners association. Councilman Greenwald agreed that most sellers probably tell the buyer up front about private streets, but there's always some that don't. - Chairman Andrews observed it's not the first buyer that's a problem, it's the second, third, etc. If the statement is on the plat, the City is covered. George Vick agreed it should be on the plat, but somehow it should also be on the deed. Steve Simonson recommended having copies of the homeowners association agreement as part of the Planning Department files. Chairman Andrews thought that an excellent idea because real: estate companies are getting very specific about homeowners associations. On both the listing and sales contracts, you are required to say whether. or not there is a homeowners association, and if there is one, supply the name and .address and indicate whether or not it is mandatory. -4- Keith Van Dine brought up several points about private streets and the fact they may impede assistance from the Police Department when it is needed. Steve Simonson assured Mr. Van Dine, that as long as the Police Department, Fire Department or an EMS unit is called, they can enter private property. Mr. Van Dine remarked, then, our main concern is to assure the City is not liable for anything. Chairman Andrews concurred with Mr. Van Dine and added our concern is also to make sure to begin with that the subdivision is built to City standards and specifications. George Vick commented on Section 18.4, Paragraph C., One Resident. It states private street or road serving only one resident is exempt from construction and maintenance standards for public streets. Mr. Vick felt this paragraph should have a sentence added saying this is considered a driveway. After some discussion by the Commission, it was decided to keep Paragraph C as written. There being no further comments, David Richmond made a motion to recommend to .City Council approval of the recommended changes to the Subdivision Ordinance, Article III, Section 18.4, Private Streets, as submitted by Merwin Willman. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. ~5 GENERAL DISCUSSION Keith Van Dine• Acknowledged they have started patching the holes~in the roads in the Schirmerville area and expressed his appreciation. Pia Jarman• Related she has been attending the Citizens Police Academy and -:one of the 911, representatives mentioned that 19 streets in the Canyon Lake area had the name Lakeview and they had to go through the process of changing them. 'Mrs. Jarman further said. this same representative (Sharon Jost} sent her a brochure from the U.S. Postal Service which states the Postal Service allows a maximum of 20 names per subdivision with the same prefix. Mrs. Jarman wondered if it had been fair for the Commission to ask developers to change some of their street names because they started with the' same name/prefix. as others in the -5- subdivision or others in the City.- Chairman Andrews reminded Mrs. Jarman the City's Subdivision Ordinance requires that developers submit street names to the Commission even before they submit them to the Post Office. Steve Simonson noted that the Commission's insistence on this has been of immeasurable help to the public safety of the City. Councilman Greenwald, commenting on Mrs. Jarman's remarks about the Canyon Lake area, added the 911 District also found two unplatted subdivisions in that area and street names duplicated 10 and 12 times. Merwin Willman• (a) Mentioned when the Commission reviewed all the publications they receive, everyone had gotten a copy of Technical Reports for Planners. Mr. Willman would like the Commission to consider subscribing to their advisory services even though they are expensive. You receive research reports throughout the year and can call and/or FAX them for help. Maybe the Commission could come to some sort of consensus of opinion at the next meeting. Chairman Andrews asked Steve Simonson to let the Commission know where the budget stands as far as these types of items. Mr. Willman spoke about one of their reports he would like to have a copy of - the report on Corridors. The area of FM 1518 South comes to mind because even though it's zoned General Business, he personally, is not happy with that zoning. Mr. Willman feels other things can be done with that area and maybe this advisory service would help with ideas. George Vick• Inquired from Keith Van Dine where he votes in the City of Schertz and Mr. Van Dine answered at the Community Center. Mr. Vick then proceeded to tell about some friends of his that live in the same area of the City as Mr. Van Dine and they were told they couldn't vote in the City of Schertz. Councilman Greenwald indicated they had been misinformed and Keith Van Dine admitted that has happened to him and it's very frustrating. There was some discussion about the difficulty of of being in three counties and several school districts. Councilman Greenwald advised that if one of the election judges contests someone's right to vote at a particular location, the final word on that decision comes from the City Secretary/Official Voting Clerk. -6- Councilman Greenwald: (a) Reminded everyone about the Annual Spring Clean-Up from February 27th through March 13th. There is an article in the Newsletter about it. (b) Related he spent most of Saturday in New Braunfels at a water meeting. He brought back some pamphlets .and maps which he displayed for the Commission to look over. There were some interesting speakers at the meeting and they spoke primarily on groundwater protection programs. One thought-provoking comment that was made is that each individual creates 22 pounds of hazardous waste per year. One theory brought up is that the Edwards could easily run all the way into Mexico. Craig Peterson, Executive Administrator of the Texas Water Development Board said, that as far as future water supplies, he doesn't feel the State legislature will have a complete plan until 1996. There are major and minor aquifers in the State of Texas and they are looking to see if it's feasible for one entity to transfer water to another, for example from here to the Mississippi River. It's very expensive. Stewart Henry of the Sierra Club advised they're not finished yet. They have several other things in mind: (1) they will push for zoning authority in the County (this will control development over recharge areas); (2) they foresee no resolution to the Edwards situation and will push for a water master (an individual appointed by the judge) to do the judge's bidding; - - (3) they want the drawing of water from t-he Edwards cut by more than half; and (4) if by chance the spring flow to the Comal goes to 100 cubic feet per second, they will. sue every City that pumps from the aquifer. (c) Mentioned the federal government is proposing having no smoking in any public. building where 10 or more people come into it per day. Otherwise the owner has to provide a separate room that discharges the air to the outside. The fine for noncompliance is $10,000 per day. Chairman Andrews: Complimented Steve Simonson on the article in the Newsletter about growth in the City and said he had received lots of phone calls and questions. -7- #6 ADJOURNMENT Chairman Andrews adjourned the meeting. at 7:SO p.m. The next regularly scheduled meeting is February 22, 1994 -8-