Loading...
06-24-1986 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, June 24, 1986 at 7:00 P.M, in the Plunicipal Complex Conference Room., Those present were as follows: • PLANNING & ZONING COMMISSION ~ MEMBERS ABSENT .THOMAS YARLING, CHAIRMAN JAMES HARDEN, SECRETARY BOB ANDREWS, VICE-CHAIRMAN MERWIN 1~JILLMAN CITY STAFF TY BRISGILL DAVID ALLEN STEVE SIMONSON, PLANNING COORDINATOR DONALD WILSON NORMA ALTHOUSE, RECORDING SECRETARY KEN GREENWALD, COUNCILMAN #1 CALL TO ORDER Chairman Yarling called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: - A. Regular Session June 10, 1986 Ty Brisgill made a motion to approve. the minutes for the regular session, June 10, 1986. David Allen seconded the motion and the•vote was unanimous in favor. Motion carried. . B. Special Session, June 17, 1986 David Allen contended that the last line on page 1 was in error and the statement therein was never made as typed irk the minutes. Mr. Allen asked that this be .researched by means of checking the tapes of the June 17, 1986 session and that he be furnished with an amended copy of the transcript. Merwin Willman said, in .his opinion, then these minutes should not be approved until the research was completed. Chairman Yarling suggested. the acceptance of.the minutes for the Special Session, June 17, 1986 be tabled until researched. (Secretary's Note:. Upon checking the tapes of the June 17, 1986 meeting, I discovered the tape recorder had malfunctioned .and I was, therefore, unable to prove or disprove the validity of the statement in question.) #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND MAKE RECOMMENDATION: Dannenbaum Engineering - Request For Special Use Permit - Northcliffe Estates Model Home Park There was no one at the meeting to represent Dannenbaum Engineering. There was some discussion on the exact location.of the property and an expla- nation of what a model home park is. Bob Andrews commented he would hate to be .the person buying Lot #8. Ken Greenwald remarked that was the greenbelts and drainage. Merwin Willman noted it is still PD not General Business - we were asked not to zone it. David Allen wondered, whether in that case, a Special Use Permit is not appli- cable - it would need a public hearing. Steve Simonson said it is. somewhat the same thing. Bob Andrews said he understood a revised land plan is soon to be submitted and he told Mr. Simonson he would like to see this researched further. Steve Simonson said it will be a lot. of work to research it, but he will do it i.f he is requested to. Merwin Willman commented he could.find.nothing in the minutes. David Allen asked if this will have to be platted and Steve Simonson said this- is a preliminary plat. Donald Wilson arrived at 7:13 P.M. Steve Simonson asked Merwin Wllman if.he could give him some kind of date and. Mr. Willman said it is in the time range of November 3, 1981. Ty Brisgill asked what our jurisdiction is in the ETJ and Steve Simonson replied platting only, Ty Brisgill asked if they have to follow what's in the Zoning Ordinance and Steve Simonson replied they have to follow the Subdivision Ordinance. David Allen made a motion to recommend to City Council that the request from Dannenbaum Engineering for a Special Use Permit (Northcliffe Estates Model Home Park) be scheduled for a public hearing. Bob Andrews seconded the motion and the vote was unanimous in favor. Motion carried. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Reaves Engineering - Replatting of a Lot in Scenic Hills Community, Phase I There was no one at the meeting to represent Reaves Engineering. Steve Simonson informed the Commission that the projected utility easement of sewer between two lots was not put in and is not needed. David Allen commented they are combining Lots 43 and 44 and making lot 56 out of it. Ty Brisgill asked if there is a house already on the lot and Steve Simonson replied not to his knowledge. Ty Brisgill then said he had driven up by and there are three houses and a lady told him there is a house on the lot. 2 Bob Andrews asked if this is the same one brought before Planning and Zoning before with a 10,000 volt power line running between it - already there and buried. There was some discussion on this with: some others on the Commission not sure about whether or not this was the same one that had been brought in before. Steve Simonson said he would check into it. Bob Andrews made a motion to table Item #5 - Reaves Engineering - Replatting of a Lot in Scenic Nills Community, Phase I until we determine the full extent of the easement and if we had this request before. David Allen seconded the motion and the vote was unanimous in favor. Motion carried. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Park Benedict - Request to Erect a "For Information" Sign on the East Side of FM 3009 There was no one at the meeting to represent Park Benedict. Bob Andrews asked if this resembles a sign already up and Steve Simonson replied it is the same one. Chairman Yarling asked if there were .any Staff comments. Steve Simonson said he had called Mr. Benedict and informed him of the regulations and Mr. .Benedict had said he would send a letter. David Allen asked who Benedict is and Steve Simonson refreshed everyone's memory by informing them he was one of two gentlemen who were in several months ago about a triangle of land next to Vaugh.an's property. David Allen asked if we set a time limit on these signs and Bob Andrews said he thought previously we had set a t ime limit of twelve months on "For Information" signs. Donald Wilson questioned why we keep approving signs after the fact. David Allen made a motion to.,approve the request from Park Benedict for Erection of a "For Information" Sign on the East Side of FM 3009 fora period of twelve months, effective June 1, 1986 and renewable, if needed, by appearance before the Planning and Zoning Commission. 'Bob Andrews seconded the motion and the vote was as follows: Ayes: Bob Andrews, Merwin Willman, Ty Brisgill, David Allen Nays: Donald Wilson Motion carried. #7 CONSIDER AND MAKE RECOMMENDATION: Ed Melton, Emergency Mgmt. Coordinator/Fire Chief - Request to Consider Including, in the Zoning Ordinance, Restrictions on Fences Around the Front of Properties Ty Brisgill asked if we have anything in our ordinance covering this and Merwin Willman replied the ordinance allows front fences up to 48" in height. David Allen commented he understands the problem and agrees, but feels there is a deeper reason as to why fences are being put up. Mr. Allen said, to him, this falls in the same category as burglar bars. Mr. Allen also said he has mixed feelings about the situation. Bob Andrews remarked he had noticed., in a lot of his traveling around, that when people start fencing in their front yards, you are seeing a deterioration of the neighborhood. Mr. Andrews said he agrees with the problem, but sympathizes with the homeowners. Merwin Willman reported: to the Commission that he had driven around several areas of the City and had observed thirty-nine (39) front yard chain link fences (most in Av iation Heights). Mr. Willman also noted that only three-(3) had gone up recently - he did not see a lot of new fences.- . Merwin Willman said we could ask 'the Building Inspector how many permits had been requested in the last year, but in his opinion, there is nothing to warrant the request from Mr. Melton, David-Allen commented that burglar bars worry him more than fences and also remarked that his neighborhood seems to have a problem of animals. running loose. Steve Simonson said he had asked Tom. Dovey about the permits and Mr'. Dovey had said there was no new rash of fence requests. ~Mr. Simonson went on to say that Tom Dovey never tells the person no, but instead explains to them all the problems they may encounter by putting up a fence. Steve Simonson reminded the Commission to look on the flip side - sometime-s people put .up a fence in order to take better care of their yard. Chairman Yarling asked if there had been any damage to equipment and Steve Simon- son replied there had been none. Ken Greenwald. pointed out that he thought what Ed Melton was looking at was locked gates. Chairman Yarling asked if there was any input from the Staff. Steve Simonson replied the Staff was neutral. Chairman. Yarling commented maybe the best solution is the way it is already being handled by the City Inspector. Ken Greenwald remarked that the Rost.Offce will raise "holy heck" with those who lock their gates and will not deliver their mail. David Allen-said he had driven around and asked a few people why they put up their fences. Merwin 4Ji11man suggested maybe we could make the requirement a shorter fence, but Chairman Yarling said. he. didn't think that would. accomplish much. Ty Brisgill expressed his concern as to where it will end. Mr. Brisgill commented pretty: soon. parking on the street or in the driveway; etc. may be considered as posing'a hazard to rescue services. There was a brief discussion on equipment carried by. the Fire Department by which they can gain access to a particular residence or location. a Bob Andrews made a motion stating that after due consideration, the Commission feels the ordinance allowing 48" fences is adequate and recommended denial of the Request by Ed Melton, Emergency.Mgmt. Coordinator/Fire Chief, to Consider Including, in the. Zoning Ordinance, Restrictions on Fences Around the Front of . Properites. Donald.Wilson seconded the motion and vote~was unanimous in favor. Motion carried. #8 CONSIDER AND MAKE RECOMMENDATION: Sign Ordinance The Commission reviewed changes recommended by both the legal department and by Merwin Willman and made their suggestions. David A11en made a motion to recommend City Council adopt the Sign Ordinance with the provisions as modified and agreed upon by the Planning-and Zoning Commission. Donald Wilson seconded the motion and the vote was unanimous in favor. Motio n carried. #9 GENERAL DISCUSSION Steve Simonson read the`~Commission two letters: (a) A formal appeal of the bandit sign denial for Dobie Heights with the sugges- tion that if we do not reconsider,.a less desirable option to try and obtain approval will be initiated. (b) A request for. water service ,at Farm .House #1 located i.n Dobie Heights Farms. In regard to letter (a), Steve Simonson cited the reasons for the approval of the bandit signs for Pulte and the reasons behind the disapproval of 'bandit signs for .bobie..'Heights. ~ Bob Andrews suggested we seek legal counsel as to what avenue Dobie Heights may have available to them; • Steve Simonson commented we. had: shown precedent in our past approvals and dis- approvals and stated he would get a legal opinion. Merwin Willman said he agreed., but City Council is responsible for our actions and this should be brought to their. attention. Chairman Yarling asked if Dobie Heights.had been informed of their option of recourse through the Board of Adjustment. It was suggested the matter be checked out. In regard .to letter (b), Steve Simonson filled the Commission in on some of the ~ background such as the fact that Mr. Swinney had a meeting with the City Manager sand was informed of al.l the regulations; that correspondence had been sent to Mr. Swinney informing him of what he needed to do to comply with the Subdivision Ordi- Hance; that Mr. Swinney built a house~w~'-thout.definite.a.rrangements for water and sewer service to that house; that Mr. Swinney had by means of a small damn altered the flow of water toward Dietz Creek; and that part of his property is in the floodplain. Steve Simonson informed the Commission that nobody will back the City including the County Commissioner. Mr. Simonson also said we will let Mr. Swinney do nothing as far as water service until he complies with the Subdivision Ordinance. 5 Steve Simonson said Cibolo has asked us to put a "Stop Order" on him and we did and Cibolo did, and then Cibolo backed off. Ty Brisgill asked if there was any penalty and Steve Simonson said little or none in the ETJ. Steve Simonson said CCMA has cooperated with us by not providing-.:him with sewer service, but GVEC gave him electricity. There was some discussion on. drainage and on damage that had been done to the road with David Allen commenting that" the whole area is a problem. Steve Simonson noted that according to the 1975 ETJ agreement, Dietz Road belongs entirely to Cibolo. Donald Wilson asked if there was any feedback about the white line on FM 3009 and was informed by Steve Simonson there are no plans to put it back. Merwin Willman asked the status of the Planning and Zoning Rules of Procedure and Steve Simonson replied the document had gone to City Council. Ty Brisgill asked if Savannah Square`„has any kind of plans to put barricades. on the culverts at the entrance and Steve Simonson said no. Ty Brisgill asked if you have to use dirt from within the same area when develop- ing a subdivision and was informed no. Mr. Brisgill said he had a complaint from an Oak Forest resident that an easement had been built'up, by a builder, 6 to 8 inches higher than before and his yard had been flooded during the heavy rains.. Mr. Brisgill wanted to know if the Gity could do anything. .There was discussion on this with Steve .Simonson saying he thought it was a Civil matter-and also he thought the Inspection Department had gone out to look at it. Mr. Simonson said he would check into it. David Allen passed out copies of an article describing what a citizen is. David Allen asked Steve Simonson if he had noticed all of the signs (lots of them}- at the Stop-N-Go on the corner.of IH 35 and FM 3009. Mr. Allen asked if this. was. in violation and suggested Steve Simonson take a Took at it. Steve Simonson pointed out Stop-N-Go is on two roads - IH 35 and FM 3009. Mr. Simonson also said they had come and sat down .and talked with the Staff and agreed to comply with such things as the landscaping; the setbacks and the pole signs, and in return we allowed them some 'advertising. David Allen made mention of the restrictions placed.. on Payless Gas and remarked that he thought Stop-N-Go looked .gaudy... Ty Brisgill asked who made the decision and Steve Simonson said the Staff. Mr. Simonson said if you think it's wrong, let me know. Bob Andrews stated he thought we should remain consistent - Payless is also on Borgfeld Road and Lone Star is also on Woodland Oaks. David Allen reiterated that same opinion and remarked there is no question Stop- N-Go is in tfle FM 3009 Overlay District. ti Ty Brisgill asked if anyone other than Staff, specifically City Council and/or Planning and Zoning Commission, was informed of all these decisions. Steve Simonson replied no they were not. Ty Brisgill commented we at .least need to be informed. David Allen said Payless had been told to move their cigarette sign, but that Stop-N-Go has one and, in his opinion, that is unfair. Bob Andrews commented Payless has compensated well for all the restrictions. Mr. Andrews .said he thinks it's the most lighted .Payless he has ever seen. Bob Andrews asked if there was. any feedback on the letter sent to the State Highway~Department about the speed limit on FM 3009. Ken Greenwald said we got a letter confirming that they are aware of it. The next regularly scheduled meeting is July 8, 1986. #10 ADJOURNMENT Chairman Yarling adjourned the meeting at 9:30 P.M.