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09-27-1988 PLANNING ANb~ ZONING ~*~INUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, September 27, 1988 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. These present were as fellows: ` PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN PAUL MALAMISURA TY BRISGILL, VICE-CHAIRMAN ANNE CORMAN MERbti'IN WILLMAN TOM FLORES NARY MARSH GEORGE VICK CITY STAFF JOE POTEMPA STEVE.SIMONSON, MEMBERS ABSENT ASST. CITY MANAGER NORMA ALTHOUSE, KEITH VAN DINE, SECRETARY RECORDING SEC'IT. I{EN GREENWALD, COUNCILMAN r 1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. ~2 APPROVAL OF MINUTES: Regular Session September 13, 1988 George Vick referred to Page 4, Paragraph 5, last sentence (which is underlined) where it says "current occupa:.t and owner" and asked if it shouldn`t be "current occupant or owner". The Co^~r,~l.ss' cn agreed 1t should be "r`r" 1nStead of "c~...^.`~" . Merwin Willman made a motion to approve the minutes, as amended, for the regular session September- 13, 1988. Joe Pctempa seconded the motion and the vote was unanimous in favor. Motion carried. ~n3 CITIZENS` INPUT OTHER THAN AGENDA ITEMS There was none. ~4 CONSIDER AN:I TA~GE APPROPRIATE ACTION: Anne Corman, on Behalf cf Homesteaders Arts & Crafts, Request for Permission to Display 2 Portable Signs, 10 "Follow Me" signs and 1 Banner as Advertisement far.a Craft Show = Anne Corman of~Homesteaders Arts and Crafts was at the meeting tc - represent this request. - Ms. Corman informed the Commission they need to display all the signs requested in order to have .adequate advertising for the - -raft show. They are requesting permission to_ plate two portable -signs, one at FM 78 and- Jac} Hays Blvd. and one at IH-35 and Jack Hays Blvd. from November 18 through November 28, and on November 26 and 27, ten "follow me" signs beside the Gemcraft bandit signs on Jack Hays Blvd. and a banner on the railing at the Dimroc}= entrance to Tn'codland Oaks. The craft show will be held in the Gemcraft model homes November 26 and 27, 1988. Chairman Andreas asked Anne Corrlan if she had any feedbac}~ from the Draft show they ;held at Woodland Oaks Iast spring. Ms. Ccrrnan said the spring craft show had not been as successful as some of their spring shows in the past. Ms. Corman again emphasized the need f.or adequate advertisement saying the Christmas craft show is usually their best. of the year. Ms. Corman said they would life to place the "follow me" signs next to the Gemcraft bandit signs and they will be there for only two days., Chairman Andrews asked if there is any Staff input. Steve Simonson commented the homesteaders were real geed about taking their signs down on time last spring and the Staff has no problem with this request. M:~.ry Marsh asked if tl.c Homesteaders mail out a flyer to their followers caith a map on it. Anne Ccrman replied yes they do. " ~ 'Joe Pctempa asl~ed what the Homesteaders is - is it a neighborhocd`'?1' Anne C::rmar. informed Mr. Pctempa it is an arts and crafts group. Merwin Willman remarked there are other organizations which hold successful everts in the City without l:cr~efit cf sc many signs. Mary Marsh acknowledged the group is requesting a lot of signs. Anne Corman pcinted out that they scld $6,OOQ worth :;f arts and crafts the Last time ~,,=hich brings sales tai into the City of Schertz. - Ty Brigill commented the City allows Gemcraft and ether develoL•ers tc place ten signs alcng Jack Hays P:,•ulevard. Ty Brisgill made a moticn to approve the request from Anne Corman, on behalf of Homesteaders Arts and Crafts, for permission to place two portable signs, one at FM 78 °ard Jac k_ Hays Blvd. and dne at IH-35 and Jack Hays Blvd. from November 18 through November 28, and on November 26 and 27, ten "follow me" signs _ beside the Gemcraft bandit signs on-Jack Eiays Blvd._and a banner - on the railing at the_Dmrcck entrance to Woodland Oaks. George Vick sec.orded the .motion and the vote was as follows : - - AYES: T. Brisgill, G.-Vic k:, _J. Potempa - _ _ .NAYS:-- B. Andrews, M. Willman, M: Marsh ABSTENTIONS: None -2- { Motion did not carry. - ~ Chairman-Andrews asked for further discussion. Mary Marsh said sl-~e dces not feel all these signs are necessary, the organization dces send out flyers. Mrs. Marsh also noted she thought this would be setting a precedent. Merwin btiillmar. repeated his previous ^ommerts about ether organizations having successful everts ir. the City without benefit cf all these signs. Chairman Andrews commented he sees. the need for the portable signs and the banner and maybe a s:igr. at Dimrcck. Ty Brisgill: asked about the possibility of two. signs at each entrance tc Goodland Oaks. The Commission discussed this but felt only one sign at the entrance on Dimrock was necessary. Ty Brisgill made a motion to approve the request from Anne Ccrman, on behalf cf Hc.«esteaders Arts a:.d Crafts, for permission to place two portable signs, one at FM 7S and Jack Hays Blvd. and one at IH-35 and Jack Hays Blvd. from November 1~ through November 28, and an November 26 and 27, one "follow me" sign on Dim~-ecl~ at the entrance to Woodland Oalss and a bannar cn th,:. railing at the Dimrock entrance to Woodland Oaks. Mary Marsh, seconded the motion a:~d the vote was as fellows: AYES: B. Andrews, T. Brisgill, M. Marsh, G. Vick, J. Fctempa Nn~'S: M. ~^~illrnan ABSTENTIONS: '_'~TOne Motion car~~ied . ~5 C®~t?SII~FF: ADD ~~i~E RFC®'~ML*dI~iATIn~?: Floz~es & Co . , Ccnsultin.g Engineers - F~cquest for Approval of a Vacate & Replat of Lots 3C~, 31, 32 ~ 33, Block 15, W~cc•,~.land Oaks, Unit 4 to Lots 40, 41 & 42, Block 15, Woodland Oaks, Unit 4 (PC 146-~5) Tcm Flores was at the meting to represent this reques4. Chairman Andrews asked for Staff input. Steve Simonson said. this _ i•eplat dces not impact any existing right-of-tjay cr. utilities,. - it is simply a readjustment to the footprint cf existing houses.: Tom Flores informed the Commission Lct 31 is big enough for a house, but it leave-s very little yard which Gemcraft fee-ls is not compatible w-ith the rest of their lots. Mr. Flores also - commented that on Lot 32, which is also plenty big enough for a house, they did net wish--to -push- the hoiz_se that far back away - from-thefront setback: - - ~ - -3-. .rl;i.e) sellr..r.u.LSd4Lt)esa?~SeataC~i1C).ia.x~ltlLUUi51 !5.2>Ltcttli>(>..a%s ~t t s,~: :.a._ _f. J~.'1.~ a)a,+..tii.f..~2iL(ki}c};; SY.:F <Ls:3!t. x: !};kLi`. ~:)2Y212>25t)2 i23:4ti>S>i:S2S t.ti,~. ~Z)t5.i }i. Jf vi:{7.C).i 2(.;kS} Y.~.{ i..2,f }Zkr32kG`314 _2,Y,_(kv.r\JiF~J1~fi Merwin Willman asked if these changes have been approved by the office in Iiouston ar~d Tom Elcres rep.licd yes they have. Mr. Flores Wert cn to say that when they locl~ed at th:~ plat conceptually, they didn't like what they saw, thus the request for a replat. Chairman Andrews questioned if this needs to go to a public .hearing and do we need to make a recommendation. Merwin ~^dillman referred to the Subdivision Ordinance, Paragraph '16.5 cn Page 16 saying there are 10 reasons listed whereby a~ plat does not need to gc to a public hearing, the Commission just needs to choose the applicable reason. After the Commission:. looked over all 10 reasaris, Merwin Willman s made a motion tc approve the request from I'lores Engineering for approval of a Vacate & Replat of Lots 30, 31, 32 & 33, Block 15; ~~'oodland Oaks, Unit 4 to Lots 40, 41 & 42, Block 15, Woodland Oaks, Unit 4 (PC 146-88) and not recommend it for a public hearing in accordance with Subdivision Ordinance S7-S-11, Section 16.5, a.1. which states. "...the Commission will be required to conduct a public hearing el_cept ~v°hen all owners or duly authorized representatives of previous plat agree to replatting". Ty Brisgill seconded the motion and the vote was unanimous in. favor. Motion carried. C43~?SI~~R A~?J MAKE RECCD>~T~'NDZ~~I0~1I: Paul L. Malamisura - Request for E<ception tc Zoning Ordinance Allowing Basketball Backboard Within R.O.W. and Electrical basement at 1217 Idlewcod, Silvertree Subdivision Paul Malamisura was at the meeting to rep~~esent this request. Chairman Andrews asked for Staff input and Steve Simonson informed the Commission they had received his comments irL their packages. Paul Malamisura informed the Commission that USAA, his insurance company, will cover liability cn t_he backboard as far as any damage to it cr injury resulting from using it. Mr. Malamisura also. said he is willing tc submit a loiter to City Council stating that he will assume any monetary damage or suits against t~:e City should anything happen. Mr. Malamisura went on to say,, as far as safety, he sees so problem with the children playing in . the Sul-de-s-ac, the backboard does not interfer--~ wi.th- the right-. _ of-way; and the easement, is siY foot underground. Mr.: Malamisura noted there is no City Parkin the immediate a-rea where the - - children can play and no good pathway to a -park. Mr. Malamisura: also. ~ mentioned he- has the - signatures of several peopl-e on the - block supporting the present location of the backboard. _ -4- Mary Marsh asked where the gcal is located new and was infcrmed it is one f.^ct back, up against the curb. Chairman. Andrews ccmnlcnted -then that the street is 'she basketball court. Jce Fctempa asked Paul Malamisura why he didn't just put the goal on his garage and Mr. Malamisura replied because the slant on the .driveway would net teach his kids tc play basketball normally, t'..ey need an appropriate fcundaticn.. Mr. Malamisura commented he had considered putting the goal on the side of the house on the cth;~r st.rcet that runs F,~-rper.dicular l- at t .zero are ~.o S mop Signs when you`re coming arcund Idlewccd and sometimes traffic comes thrcugh there at a pretty geed pace. Steve Simonsen informed Mr. -Malamisura that prcblem would be corrected. Paul Malamisura, remarking cn alI the easements, said the only part c~ his hcuse that is net an easement is the house itself. Mary Marsh-told hirz he could put the backboard in an easement just so it is understood that if the City needs tc get into the easement for- ~orae reascn, the bacl~bcard may have to be removed. Steve Simonsen emphasized that even if Mr. Malamisura presented a letter absolving the City it ~,7ould not hold up in ccurt. Mr. Simonson remarke~u the City still feels there is a danger there by enccuraging children to play in thn street. Paul Malamisura brcught up the fact he thinks there is a law requiring t..e City or Ccunty tc provide a safe and adequate playground for children. and there is no safe passageway across ,lack Hays Blv to a playcround. Chairman Andrews said there's nothing in the law as far as he kncws, but there used to be a requirement that a buil:'.c.r of a subdivisicn set aside a certain amount of land for pax-lss and recreation, but the federal court had fc~and tl.at requirer,-~ent tc be ura::or.stitutirnal , Chairman Andrews painted out it is not within the realm cf the Planning ar,d Zoning Commission's authority to either grant. or deny what can be built in an easement. Mervin Willman commented - they can r~alse a recon-~mc ndaticn tc City Council . George Vicl<_ :jade a motion tc reccmmerd City Council disapprove, based on reasons of_ safety, 1~he requc-est. from Paui Malamisura for exception to the Zoning Ordinance allowing a basketball backboard Cti'1_t~"11n t.2L r? ght-Cf-T.i•ay and C1C'CtrlCai easement at 1?1? Idletlccd, Silvertree Subdivision. Mr. Vick further recommended the baclzbcard either be elir;inated or Lout in a pcs;_tion iti~.~ich does not encourage playing in the street. M~rcain ~ti'illoran seconded the mcticn and. the vote was unan_imcus -in favor. Motion carried. - 3 _ Paul Malamisura had questioned exactly where the City`s -property _ _ _ - began and Chairman Andrews said it is normally i0-` forward from - the property 1 ine-. - . -5- Mcrwin [~illman commented he would just like to say, that in his opinion, the current location cf- the bacl~bcard may be illegal us.^ cf City property and it`s~up to the Council to decide. Haul Malamisura asked if there is a law governing this situation and Steve Simonson said he would check into it. CO~vTSIDER AND MAY.E R~CO'~iENDATIO".. A. fieappcintment of Those Commission Members ~Thcs^ Terms Expire T3:Le Commission had received in their packages a Totter fi•C:m Bob Andrews resigning as Chairman, of the Commission. Mr. Andrews said his idea at the present time is not to get off the Commission, just to resign his duties as Chairman. Mary Marsh, speaking ~cr the entire Commission, said she feels badly that Mr. Andrews finds it necessary to relinquish his r?osition as Chairman, he did a superior job and his leadership will be missed. There are four members whose terms expire in October, 1988. They are Mea~cain Millman, Ty Brisgill, Keith Van Dine and George Vick. Mary Marsh asked if there had been any indication from any cf them that they want to }:,~e reappointed tc the Commission and was informed they had all indicated they want to be reappointed. J.:e Pctempa made a motion to recem,nend City Coun:;il reappoint Merwin TnTillman, Ty Brisgill, Keith Van Dine 'and George Vick to ar.cther i~wo-year term cn the Planning and Z;.ning Commission. Mary Marsh seconded t.~e motlor. ar~d the vote was urar.imous in fa.c-cr, Motion carried. B. Election of Officers Cha~_rman Andrews, in his letter, had recommended Ty Brisgill be v appointed Chairman. Mr. Andrews also suggested tI-~e prsition cf Vice-Chairman be on a rotational basis. For exampie, Ty Brisgili`s term expires this year and his reappointment will make his next term expire in 1990, t'rerefore, tre person chosen for . Vi:.::c~-Cl.airmar. should be someone who`s term ~xpir~s in 198.9. Joe Potempa asked Ty Brisgill if he •caould accept the chairmanship and Mr. Brisgill said he would if it were the caishes cf the Commission. _ Mary Marsh made a motion _to recommend to City_ Council the - a~~pcintment of Ty Brisgill as Chairman cf'the Planning and Zoning - Commission. Joe Poteinpa made a- motion ~to reccrnmend . to City " Council the appointment of Mary Marsh. as Vice-Chairman of the Planning and Zoning Cammission. George Vick seconded .both - - - motions. The-vote was-_unanimous-in favor. Motion-carried. - - - -6- GG~I1?SIJER 1~'~dD TAKE 1~PPR®PRIATE 1~CTIG~. Discussion of Annual ;deport tc City Council Merwin Willman had prepared the annual report, copies of which ' had been giver. to the Commission in their packages. Mary Marsh commented it loo]->s good, but asked how strongly the Commission ~is supposed to stress it`s goals for the coming year. Mrs. Marsh said she would like to see mere goals for 1989. Steve Simonson reminded the Commission they havc~ several new members, some who attended a previous cor.fercnce and same who are going tip a ~~orference the first wee?.' in October. Mr. Simonson thought maybe t:;ey might come away f nom .the upcoming conference with other ideas and trlcughts for consideration. One: of Mr. Simonson's ideas is that perhaps Planning should e_~pand and reach cut for more expertise. Steve Simonson informed tine Commission. he will have c:,'pies for tblem at the next meeting of a chapter called "Managing the Planning Process" and he thinks they= will find it very informative. Mr. Simonson also comrented there will be a lot of planning going into the widening cf. FM 78 a:ld perhaps the Commission. would like tc have some say as to how it will lock sine it is one of the main entrances tc the City. Mr. Simor:son's suggestion was to hold off on approval of the annual report until after the conference. Merwin thillman said if he gets a chance at the ccnverltion, he is going to ask about sz~wewal~s }":ot''1 subd~v~.syons and along major roads, such as ,?ack Hays Blvd., and find out how other cities handle them. Merwin [n'illman also mentione:l tr.at the Commission might wart to - take another lock at the ,?ack Hays Blvd. Overlay I?istrict - they night want to have residential right up to the road and put al t.~e General Business along Schertz Parkway. At the request. cf Chairman Andrews, this item was t«bled 'antil the first meet"1~-ng after the convention which wi?.l be Cct~}~,•er 11, 198. GF~vFRAI, DISCI3SSI~DPd George Vick braught up the following; - - ; (1? Asked Steve Simonson if he had` checked on the mobile home going up on FM 1518 across from Windy Meadow Mobile -Home Park a Mr. Vick said they are bringing in heavy equipment. (Steve Simonson said he_had not had a chance to check cn it yet, but he _ wi 1 T -_do so . 3 - - - - - - - - -7- Asked if the railroad is going- to put in any grass seed at the neca railxoad bridge location. (Steve Simonsen said no .they are not.) (3) Asked if that is the new water tank going up that you can see from the Schertz Parkway-Jack Bays Blvd.-IH-35 area of the City. (.Steve Simonson said yes.it is.) Merwin Willman brought up the following: (1) Said he would like to see a change in the Rules of Procedure whereby each October after the annual report is approved, someone is appointed to keep reccrds.fcr the preparation of the annual report for'the next year. Mr. [Willman said :this would give different people the opportunity to participate in preparing the report. Mr. Willman also .said he will work up ,a recommendation for the Commission`s consideration. Joe Potempa asked why not k~.ave the Planning and Zoning Secretary be in charge of it. (2) Stressed the Commissioners need to follow the ordinances because lots cf things in the ordinances are word for wog°d from state laws. Ty $risgill brought up the follow rig: (1) There`s a house next to the road that goes in front cf the new water tank and it looks like someone is living in an R.V. there. (Steve Simonson. 'said he 'would have the Inspection Department check it cut.) (2 ) Across from the Scenir.. I3~_11_s sign cn the IH-35 access read, there is a 4 x ° sign advertising the Ran~~l.o Vista Mobile Heme & R.V. Park. Is it legal? (Steve Simonson said he will have the Inspection Department c?~eck into it.) (3 ) Said when putting the new pages in the Code Book he noticed it required a 4 ` fence around swimming pools and he feels 4 ` is not high enough. George Vick remarked a neighbor cf his had told hira that wren he got a permit to put in his pool. , the City told him he had tc guarantee p=,.ztting a 6` privacy fence around the pool before they ti:=cold issue the permit. Ty Brisgill had rated that the new house in Greenshire Oa}ss across from the model :gas a pool and it has a fence arcur.;l it cf varying heights, not all of then as tall as 6'. There was some discussion cn this and Merwin Willman said he would check into it because he knows there's something somewhere about the required height. of fences around swimming pools. George Vick said he had observed that up north the people all - = parallel park-on the street-the_same way as_the._traffic is going. Mr. Vick said around here they park every which way and he asked if a citation could be issued for parking the wrong way. - Chairman Andrews said yes a citation could be issued. Chairman Andrews advised the Commission that whet: he was in the military, in one cf the many places to which he traveled, he saw a sign in a city c~-l:ich said "~tiTe hope you love your- license as much as we love cur children. Obey the speed." Mr. Andrews said he would like the Commission, sometime in the future, tc consider a similar sign at '.the entrance tc the City cf Schertz. Steve 5imanson informed the Ccr,,mission th:.~y az~e sta)~ing for ccr.strur_ticn cf the Jack-in-the-Box. A 0 AI3JOL~2~:1~IEivT Chairman Andrews adjourned the meeting at °:2. P.M, Tho next regularl;a scl~eduled meeting is October il, 19°E. g