03-28-1989 r,
PLANNING AND ZONING MINOTES
The Schertz Planning and Zoning Commission convened in a regular
.session on Tuesday, March 28:, 1989 at 7:00 P.M. i:n the Municipal
Complex Conference Room, 1400 Schertz Parkway.. Those present
were as follows:
PLANNING & ZONING COMMISSION OTHERS PRESENT
TY BRISGILL, CHAIRMAN JIM SE-~RIVER, SCHERTZ
MARY MARSH, VICE-CHAIRMAN BUSINESS CLUB
KEITH VAN DINE, SECRETARY ~ NOLAN EDWARDS, VFW
MERWIN WILLMAN ~ R.D. RICHERSON, VFW
BOB ANDREWS AATNE CORMAN, HOMESTEADERS
GEORGE VICK ARTS & CRAFTS
JOE POTEMPA EARL W. SAWYER
MEMBERS ABSENT CITY STAFF
KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST.
CITY MANAGER
NORMA P.LTHOUSE,
- ~ RECORDING SECY.
#1 CALL TO ORDER
Chairman Brisgill called the meeting to order at 7:00 P.M.
#2 APPROVAL OF MINUTES: Regular Session March 14, 1989
Bob Andrews noted that on Page 11, Paragraph 7, under item (c)
Schertz police officer should be changed to read "Selma" pence
officer .
Merwin Willman made a motion to approve the minutes, as amended,
for the regular session March 14, 1989. Mary Marsh seconded the
motion and the vote was unanimous in favor. Motion carried.
#3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
Jim Shriver, Schertz Business Club, had a few comments. First,
by next week a report should be available on the business input
to the Sign Ordinance. Second, when he approached the personnel
at the Cibolo Creek Pharmacy about joining the Schertz Business
Club, he happen to mention the widening of FM 78 and discovered
they were unaware of any such plan.
#4.~ CONSIDER AND TAKE APPROPRIATE ACTION: Request from the VFW
for an .Exception to 5ign~ Ordinance 86-S=28
Permitting a Second Free-Standing Sign at 1000
_ - ~ FM 78 - _
Nolan Edwards and R.D. Richerson were at the meeting to represent
this. request. -
Chairman Brisgill asked for Staff input.
Steve Simonson informed the Commission his comments about this
{on-the memo in their packages) are pertinent. Mr. Simonson said
the-VFW is requesting one additional free-standing sign -and it
appears if FM 78 is widened in the future, the sign would not be
in the right-of-way.
George Vick, remarking on two pecan trees at the VFW, said in his
opinion when the trees are in full bloom they will make the sign
useless. Mr. Vick was assured by the gentlemen from the VFW that
the pecan trees will not interfere with the sign.
R.D. Richerson explained that this sign is naw a portable sign
and they are wanting to make it permanent by anchoring it. Mr.
Richerson went on to say the the VFW Post name will not appear on
the. sign. It will be used for the purpose of advertising the
functions of non-profit organizations.
Chairman Brisgill asked if the sign will be 4' x S' ~~nd
_._questioned how high it will be. R.D. Richerson replied it r,;~ill
be the standard size sign and will stay where it is - in the
front by the flagpole. Chairman Brisgill then asked about other
advertising on the sign aside from non-prcfit organization
functions, and Mr. Richerson emphasized it will be used only for
advertisement of functions for non-profit organizations. Mr.
Richerson did indicate the VFW is a non-profit organization and
they have a monthly breakfast which will be advertised on the
sign.
Bob Andrews questioned the proposed usage and/or elimination of
the VFW`s other sign and pointed out he thought it had a message
board.. Nolan Edwards commented that putting messages on the
other sign would be too inconvenient and reiterated that the sign
they are requesting would be used only for advertisement of
community non-profit organization functions.
Mary Marsh said she did not think Bob Andrews' question had been
answered.
Nolan Edwards stated the other sign is too far out of the way and
would be too expensive because they would have to have. a ladder
and a pick-up to change the messages. Furthermore, the VFW wants
to keep the other sign as theirs and use that which is now a
portable sign strictly to advertise non-profit organization
functions.
Mary Marsh wondered if they had ever considered eliminating the
out of the way sign and extending the portable sign. Mr. Edwards
stressed that making the .portable sign a permanent sign .is a very _
inexpensive way for the VFW to go.
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Bob Andrews, saying he had just had-his sign at Mary`s Little
Lambs Day Care refurbished and lowered, told Nolan Edwards it
could be done for as.law as $600.
Chairman 'Brisgill suggested, since we. are currently working with"
the Business Club on the Sign Ordinance, maybe it would be better
to. table this item until we get the feedback from the business-es.
Chairman Brisgill, noting that it will probably be a couple of
months before a new Sign Ordinance is ready, asked if the VFW has
any upcoming events listed. R.D. Richerson answered they. have a
Jamboree on April 2nd and a breakfast on April 15th.
Bob Andrews asked how long they have had the portable sign and
was informed they have had it for approximately six months.
Chairman Brisgill asked if the Commission should allow an
exception on use of the portable sign for special events.
George Vick commented surely the Sign Ordinance would be ready by
June.
George Vick made a motion to grant an excepticn to the VI'W
allowing there tempcrary use of the present portable sign to
advertise special events in April. Mary Marsh seconded the
motion.
Before a vote was taken, Keith Van Dine indicated, as a point of
order, that the specific request from the VFW should be addressed
first.
Bob Andrews made a motion to table the request from the VFW for
an exception to Sign Ordinance 86-5-28, permitting a second"free-
standing sign at 1000 FM 78, until the Commission had has an
opportunity to review the results of the feedback on the Sign
Ordinance from the businesses.
Merwin TnTillman seconded the motion and the vote was unanimous in
favor. Motion carried.
Mary Marsh, referring back to George Vick's motion, suggested Mr.
Vicl~ amend his original motion and say to grant an exception to
the VFW allowing them use of the present portable sign to
advertise special events until such time as the new Sign
Ordinance is approved.
George Vick amended his original motion, which Mary Marsh had
seconded, and the vote was as follows:
AYES: T. Brisgill, M. Marsh, K. Van Dine, M. Willman, G. Vick,
J. Potempa.
NAYS: B..Andrews _ _ _
ABSTENTIONS: None - - - -
- - . _ - -_3= - -
Motion carried.-
#5 CONSIDER AND MAKE RECOMMENDATION: Request from Earl 'W.
Sawyer for an Exception to the Side Yard
- Setback at 512 Aviation
.Earl Sawyer was at the meeting to represent: this request..
Chairman Brisgill asked for Staff input.
Steve Simonson informed the Commission his comments {on the memo
iri the P&Z packages) should stand the way they are. The required
side yard setback far an R-2 District is a minimum of 7' on one
side and Mr. Sawyer is requesting an exception of approximately 6
and 1/2 feet. Mr. Simonson told the Commission this is an
exception to the Zoning Ordinance and will be required to go
through all the standard procedures of a public hearing. Mr.
Simonson further stated it is his recommendation this item be
recommended to City Council to be scheduled for a public hearing.
Earl Sawyer stated he didn't realize at first this was a zoning
change and -asked what kind of time frame is involved. Steve
Simonson replied probably sometime in April at the earliest.
There was a brief discussion on the Zoning Ordinance as it
pertains to this situation and how it was written to protect
houses in other areas and to allow people in Aviation Heights to
have carports.
Merwin Willman remarked that the carport section of the Zoning
Ordinance was established in the early 1970's. Mr. Willman went
on to say in the early 1970's Urban Renewal discovered that a
large number cf the homes in Aviation Heights had garages too
small for modern cars.
Bab Andrews made a mation to recommend to City Council that the
request from Earl W. Sawyer for an exception to the side yard
setback at 512 Aviation be scheduled for a public hearing.
Before the motion was seconded, Joe Potempa asked to clarify a
point. Mr. Potempa wanted to know if the Commission hadn't,
several months ago, granted a setback exception, without having a
public hearing, to a gentleman who was building a carport.
Bob Andrews replied yes, it was Billy Linehan on Brooks Avenue.
Steve Simonson said the Commission had granted an exception to
Mr. Linehan, but they were in error and should have recommended a
public hearing for that request also.
Joe Potempa seconded the motion and the vote was unanimous in
favor. Motion carried.
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After the vote,-Earl Sawyer suggested the Commission take a look
at the ordinance to see if it should be changed and/or updated.
Bob Andrews suggested that maybe the City Council might look at
giving more power to Planning and Zoning on requests like these
as far as what they can and cannot approve without a -public
hearing. -
Merwin Willman was quick to point out the state law which
specifies that only elected officials (City Council) are allowed
to grant an eYCeption to the Zoning Ordinance.
n6 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Anne
Corman, on Behalf of Homesteader's Arts &
Crafts, to Place a Portable Sign at FM 78 and
Jacl~ Hays Blvd. and at IH-35 and Jack Hays
Blvd. April 28 through May 8; Alsc One L'ollow-
Me Sign at Intersection of Jack Hays Blvd. and
Savannah Drive and a Banner on the Railing in
Front of the Model Homes on Wm. Scarbrough
Anne Corman was at the meeting to represent this request.
Chairman Brisgill asked for Staff input. .
Steve Simonson reported no additional comments to those he had
included in the Commission's packages. As the memo in the
package had stated, this is the standard request the Eiomesteaders
have made far their past two shows and they have been pretty true
to their word about how many signs they will put out and where
they will be placed.
Anne Corman commented the Homesteaders have been pleased with the
response to their arts and crafts shows in Schertz.
Bob Andrews questioned how often they hold a show and Anne Corman
replied they have three a year - one in May, one in October and
one Thanksgiving weekend. Ms. Corman did point out they don't
always hold all three shows in the same area.
Mary Marsh made a motion to approve the request from Anne Corman,
on behalf of Homesteader's Arts & Crafts, to place a pcrtable
sign at FM 78 and Jack Hays Blvd. and at IH-35 and Jack Hays
Blvd. April 28 through May 8, one Follow-Me Sign at intersection
of Jack Hays Blvd. and Savannah Drive, and a banner on the
railing in front of the model homes on Wm. Scarbrough.
Joe Potempa seconded the motion and the vote was as follows:
AYES: T. Brisgill, M. Marsh, K. Van Dine, B. Andrews, G. Vick,
J. Potempa _
_ NAYS: M. Willman _ -
ABSTENTIONS: None -
- - _ _ -5- - - -
Motion carried.
After the. vote, Joe Potempa asked Merwin Willman why he voted
against it. Mr. Willman responded 'by saying there are other
organizations in the City that sponsor successful activities.
without the benefit of as many signs.
~7 CONSIDER AND NdAKE RECONII~IENDATION: Amendment to Zoning
Ordinance 87-5-1 Regarding Fence Regulations
Chairman Brisgill asked for Staff input.
Steve Simonson related tc the Commission that Don Brodeur of the
inspection Department has asked them to consider addressing a
maximum fence height in residential areas and the use of barbed
wire fence in the City. Mr. Brodeur encountered some requests
for fences higher than usual and discovered someone who had used
barbed wire fence within the City.
Mr. Simonson acknowledged that even though barbed wire is not
appropriate for fencing in the City, the ordinance does not say
you can`t use it and the ordinance does not establish a max_ir:um
height for fences in residential areas.
Merwin GvTillman observed that when the Staff presents a
recommendation, they should specify any problems that have
prompted the making of such a recommendation.
George Vick commented he can see the prohibiting of barbed wire
fence, but asked what the problem is with height.
Mary Marsh asked what if someone wants a ten-foot fence - what
will it look like aesthetically? Mrs. Mar di felt the ordinance
needs to define a maximum fence height.
Chairman Brisgill, based on his .experience while living in other
states, reminded the Commission that if they look at new housing
developments, normally they will see six-foot privacy fences.
Mr. Brisgill said you need uniformity, there must be some reason
subdivisions like Woodland Oaks and Savannah Square have six-
foot privacy fences.
Joe Potempa indicated that as long as the front fences are
uniform in height he doesn't care about the back.
Keith Van Dine was in favor of total uniformity.
George Vick expressed the need for the ordinance to be specific.
Bob•Andrews agreed with prohibiting hazardous wiring for fences,
_ but not . on a specific height for all fences.. Mr. Andrews feels •
.that if you limit it to a specific- .height, = then there wit-1 be
requests. for .variances because of the topography of the ~ land, _
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etc. Bob Andrews questioned they frequency with which the
Inspection Department has had requests for higher than usua l
fences.
Steve Simonson mentioned that more and more ordinances are being
challenged today.
Bob Andrews noted that in the past the inspectors have been given.
some latitude, for example, on the placement of utility buildings
in a mobile home park. Instead of a specific fence height, Mr.
A:idrews suggested giving the inspectors the same latitude in this
situation.
Steve Simonson pointed out that parameters to work within were
given the inspectors'for placement of utility buildings in a
mobile home park, thereby permitting them tc make their decision
within the confines of the ordinance.
A poll of the Commissioners was taken to determine how they felt
on the issue of a specific fence height in residential areas.
Three preferred an 8' maximum height, 1 said 8' is fine but there
could be exceptions where a 10' fence is necessary, two preferred
5' and one had no preference.
i~erwin ~^illman had suggested they check around and see what ether
cities have in their ordinances regarding fences in residential
areas.
Steve Simonson said the Staff will do some checking and come up
with a written recommendation.
Mary Marsh made a motion to recommend to Steve Simonson that
Staff members investigate other cities' ordinances regarding
fences in residential areas and then come back to Planning and
Zoning with their recommended changes.
Keith Van Dine seconded the motion and the vote was unanimous in
favor. Motion carried.
Bab Andrews expressed his appreciation for all the Staff input to
the ordinances.
#8 CONSIDER AND MAKE RECOMMENDATION: Discussion Regarding Name
Change for Section of Binz-Engleman Road
The Commission is considering a name change for a section of
Binz-Engleman Road that goes up to Ware Seguin Road. Chairman
Brisgill had requested, at the March 14th meeting, that this item
be placed on the agenda.
Chairman Brisgill asked if there had been .-any additional input
from the property owners effected by this proposed change. and -
Steve Simonson replied no there had not. .
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Merwin Willman asked if this proposal had been presented- to the
Shirmerville area residents at the their homeowners' association
(Southeast Randolph Property Owners) meeting. Keith Van Dine
said not it had not, but they- have a meeting in April.
Bob Andrews made a motion to`table Item ~8 (Discussion.Regarding
Name Change for Section of Binz-Engleman Road) until Keith Van
Dine has had an opportunity to present the idea to the
Schirmerville area residents at .their April meeting.
Mary Marsh seconded the motion and the vcte was unanimous in
favor. Motion carried.
~9 CONSiDE?~ 1~ND N~AKE REC(?MN~NDATION: Discussion an Passible
Annexation of Open Areas of IH-35
Steve Simonson advised the members that annexation is a purview
of City Council, but he thinks as a Planning Commission it would
be good for them to recommend to Council areas for possible
annexation. Mr. Simonson specified two particular areas along
IH-35, saying they could be annexed without effecting City
services.
First, the blank areas between Wiederstein Road and FM 110 on
tl:e east side of IH-35 and second, the blank areas from
Friesenhar~n Lane going south a little past FM 2252 on the west
side of IH-35.
There was discussion on city limits, ETJ's, water lines, sewer,
and improvements to IH-35.
Mary Marsh stressed the need to give the annexation of these
areas serious consideraticn because Schertz must lcok to the
future and the development of the San Antonio-Austin Corridor.
Chairman Brisgill asked if these areas are within the City's 5%
and was informed they are.
Steve Simonson said he knows of two areas presently discussing
the possibility of annexation into Schertz - Northcliffe and
Schaefer Road.
George Vick advocated getting something in the records to prove
that Schertz is looking to the future, otherwise if we are
challenged. in court, our case will be weakened.
Steve Simonson noted that for planning purposes it wouldn't hurt
to look at annexing some areas. Mr. Simonson agreed with George
Vick in that looking to the future holds you iri good favor with
.the courts. -
- Merwin Wil-lman commented he's fairly sure that when an area is _
-annexed, the _City must establish a three year plan far that. area.
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A consensus of the Commission was favorable toward recommending
annexation of the two areas suggested by Steve Simonson.
Mary Marsh made a motion to recommend Steve Simonson draw up
something specific on the two areas and present it to Planning
.and Zoning for review arid-possible recommendation to City Council
for proposed annexation.
Steve Simonson indicated he would like to draw up something
together with ether members of the Staff and tl~en bring it to
Planning and Zoning so they can go over it tcgether and make
their recommendations.
Mark= Marsh changed her motion to include "Steve Simonson tcgether
with the Staff".
Bob Andrews seconded the oration and the vote was unanimous in
favor. Motion carried.
Mervin Willman reminded the Commission Steve Simonson had given
them copies, in the past, of the state law on annexation and they
need to look it over.
rr1Q GEP3E~tAL DT~SCUSSION
Keith Van Dine brought up the following:
(a) Asked if the City is in the business of s~Iling water and was
informed by Steve Simonson they= are. Mr. Van Dine said every
fire hydrant in his area has a water meter on it and asked why
and who we're selling water to. Steve Simonson replied to
contractors.
Mr. Van Dine said a property owner told him that an area close
to Schertz, still in San Antonio, had been refused water service
by San Antonio and they are buying their water from Schertz.
Mr. Van Dine wanted tc know if Schertz has gctten into a business
like that. (Steve Simonson answered that he did not know and
would have to check on it - perhaps a contractor is selling them
water. Mayor Sawyer added that it is illegal for a resident to
sell water.)
(b) The gravel trucks are still tearing up.Pfeil Road. (Steve
Simonson remarked City Council has before them a proposal for a
weight limit on the road and the Highway Department has said they
will work with the City and the contractor to try and resolve the
situation.)
(c) The house out on FM 1518 that was just moved in - did they
obtain permits? (Steve Simonson replied yes they did.)
(d) Referring back to the request from Earl Sawyer, asked -why -
when a precedent is set (the case of Bi11y.Linehan being granted
_ _an e-xception to the. setback requirement) you- cannot-grant an
- exception again and then-adjust the ordinance. -
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Ty Brisgill pointed out it is not legal to do it that way.
Merwin Willman stated just because, you've made a mistake once,
you don't compound it by doing it again - it is a violation of
the state law for Planning and Zoning to grant an exception to
the Zoning Ordin°ance:
Bob Andrews remarked on the request; sometime back, from Vaughan
Homes for an exception to the setback requirement and how, even
though Planning and Zoning had granted such requests in the past,
it was explained to Mr. Vaughan we were in error and the only
ones with the authority tc grant an exception to the Zoning
Ordinance are City Council members.
Steve Simonson related that the key to all court cases involving
Planning and Zoning is consistency.
Keith Van Dine commented that "acting in good faith" could save a
case for Planning and Zoning.
Chairman Brisgill told Mr. Van Dine the Commission needs to abide
by the Zoning Ordinance.
Merwin GJillman n:zted that the Zoning Ordinance is pretty much a
repeat of state law.
Bcb Andrews said he had been informed by the City's attorney that
the Zoning Ordinance is passed and signed by elected officials
and only those elected officials have the authority to grant an
exception to the Zoning Ordinance.
N?erwin Willman referred to the Article on Amendments, Section
2.2.2 of the Zoning Ordinance where it lists the four conditions
that must be met to apply for an exception to the ordinance.
Bob Andrews explained that the four conditions- should be listed
on the request form so the individual is aware of them when
applying for the exception.
Joe Potempa brought up the fallowing:
(a) At Jack Hays Blvd. and IH-35, when construction starts - will
there be traffic lights? Steve Simonson replied there will be.
Mr. Simonson informed the Commission he and. Mr. Sweatt have met
with the Highway Department, both San Antonio and New Braunfels,
informed them of Schertz's problems, and asked them for several
items one of which is a way of announcing Schertz Parkway, and
also some means of making it possible for people-taking the exit
off IH-35 to Jack Hays Boulevard to be able to turn right toward
.Garden Ridge Pottery.
_ ( b ) On FM 1510 f rom -Selma- ci-tg- -1 imits to Schertz city 1 imits - - -
- does that belong=to Universal City? (Steve Simonson replied it's _
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i
in Universal City's ETJ.) Mr. Potempa.then asked if anything's
going to be worked out between Universal City and Schertz to let
Schertz get that area. (Mayor Sawyer .commented they won't dicker
with Schertz, they want us to trade Selma for IH-35 frontage and
we won`t do it.)
(c) Is anything being done about the illegal dumping on 13th Raw?
(Steve Simonson said there is alsa a problem with illegal dumping
in the Graytown and Weichold Road area. Mr. Simonson plans on
writing up something and presenting it to Mr. Sweatt.)
George Vick brought up the following:
(a) At the end of Randolph and Marilyn there is a hcle being
created in the pavement. (Steve Simonson said he will check into
3 t . )
(b) At corner cf Randolph and Maple there's a house with tree
trimmings up against the fence and they have been there for
several months now. (Steve Simonson said he will check on it.)
(c) The road into Windy Meadow Mobile Home Park is becoming a
tractor/trailer haven.
C'_zairman Brisgill remarked that according to the ordinance you
cannot par) a tractor/trailer on a City street and told Gecrge
Vick he shculd call the Pclice Department when he sees this
violation.
(d) Asked if the Water Department people will clear out the damn
at the street cut on Marilyn. (Steve Simonson said yes they
will, but they are still working in the area.)
(e) tn7hat`s going in nett to Jack-in-the-Box? (Mr. Vick was
informed it is an RV parking area.)
(f> Asked about parking RV`s in Pecan Grove Mobile Home Park and
said they are still advertising RV s. (Steve Simonson said this a
side of Cibolo Creek, in Guadalupe County, has been used as a
combination since they built it and continues to be used as a
combination. Mr. Simonson further stated the ordinance clearly
states you cannot intermix RV`s and Mobile Homes and the City was
hoping to get a designated area within Pecan Grove for the
parking of RV's.)
Mayor Sawyer added that those RV's in Pecan Grove were probably
grandfathered when the ordinance was passed, but if they ever
stop parking there, then the .City can prevent them from starting
up again.
Merwin Willman-brought up the following:
- (a) Noticed on the Guidelines for Changes in Street and Road. _
Names Within the City of Schertz that was forwarded to- Council,
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that at the end of Item 6 the phrase including E-911 District was.
added and asked what E-911 District is. :(Steve Simonson said it
is the Enhanced .911 system that goes on line tomorrow. Mr.
Simonson said since it was decided to follow notification
procedures similar to those for annexation, City Council, brought
it to his attention that the E-911 District should be added and -
he did so.) -
(b) Council had the first reading on the 15,000 pound weight
1'imit for Pfeil Rcad on March 21.
(c) There is an„article in the February issue of the Planning
Magazine that gees along with the letter we sent to Craig Farmer
asking for more consideration for small -cities at the
conferences .
(d) Along that same line, the Commission got a reply from TML.
Do you want to follow up on it?
Chairman Brisgill noted TML is putting the letter into a chain
and feels we can do nothing else unless we write to those people.
^fary Marsh suggested writing to Laurie Thomas, City of Amarillo,
r:ext year ` s Planning and Zo:.ing Commissioners. Short CoL«°se
Coordinator, acknowledging we got the letter and asking them what
they're-going to do about it.
Merwin ~~illman pointed out that they don't present awards either
to the small cities.
Steve Simonson recommended getting a list of all the cities that
belong and seeing just exactly how many small cities are
contributing toward the salaries of these people. Mr. Simonson
indicated there is no doubt a preponderance of contributions
from small cities and these same cities are not being nurtured by
the chapter.
Keith Van Dine suggested forcing the issue of presenting a
workshop on the small city,- and if we are turned down, then.
getting together with the other small cities. Mr. Van Dine even
mentioned starting a movement to break off and forming your own
organization with the other small cities.
Mary Marsh announced that the first meeting of the Civic Leaders
Panel will be April 6th and she and George Vick will „attend as
representatives of the Planning and Zoning Commission.
Bob Andrews brought up the following:
{a) Informed the Commission that Odo Riedel now has a blinking
light sign at Pecan Grove Mobile Home Park similar to the one
that was at Ben's Barbeque before Planning and Zoning requested
they change--the bulbs .so the. lights on the sign would not blink.
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tb) Referred to the_Zoning Bulletin for March 15, 1989 and-
suggested the members read the article on the bottom of .page 3
' about zoning not in accordance with a comprehensive plan. Mr.
Andrews said this is directly tied together with what they were
talking about earlier this evening regarding future annexations.
tc) Asked for a list of all items that have been tabled.
X11 AIIJOIIRNMENT
Chairman Brisgill adjourned the meeting at 9:09 P.M.
There is a joint public hearing scheduled for April 4, 1989.
The next regularly scheduled meeting is April 11, 1989.
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