“This is the first comprehensive review of the City Code to occur since the incorporation of Wimberley more than 10 years ago.” -- Task Force Chair Steve White
Send your comments and news tips to Wimberley City Administrator Don Ferguson at dferguson@cityofwimberley.com or click on the "comments" at the bottom of the story
Wimberley residents will have an opportunity to let their feelings be known about the City’s various regulations at a public hearing coming up on Tuesday, November 8th at City Hall. Plans for the public meeting were announced this week by the City’s Code Review Task Force.
“We encourage residents to take advantage of this great opportunity to let City leaders know what they like and don’t like about the City’s various regulations,” said Task Force Chair Steve White. “We are very interested in hearing how the public feels.”
The public hearing will be the first in a series of meetings to be held by the Code Review Task Force over the next twelve months in its review of the City’s Code of Ordinances. As a result of these meetings, as well as research and other work undertaken between meetings, the Task Force is expected to make recommendations to the City Council regarding updates to the City Code.
“Many of our ordinances have been in place for almost ten years,” said White. “It is important to see what is working and what isn’t and to make the changes necessary to ensure that our regulations are working to promote and protect the health, safety and welfare of the public and guide growth and development in keeping with the City’s Comprehensive Plan.”
Members of the City Council-appointed Code Review Task Force include Steve White, Pat Rehmet, Charles Roccaforte, D’Anna Tindal and Steve Klepfer. The Task Force will be reviewing and making recommendations on the City’s existing ordinances relating to administration of the city, public works, business regulations, building regulations, and general regulations such as open burning and fireworks.
While the Task Force is conducting its review, the City’s Planning and Zoning Commission will be performing a review of the City’s zoning and subdivision codes and making recommendations to City Council regarding possible modifications to those sections of the City Code.
“This is the first comprehensive review of the City Code to occur since the incorporation of Wimberley more than 10 years ago,” said Chairman White. “It is important that the public take part in this very important process.”
The Code Review Task Force’s public hearing will begin at 6 p.m. on Tuesday, November 8th at City Hall located at 221 Stillwater. If you are unable to attend the hearing and would like to offer comments on the City’s regulations, interested persons can drop off written comments to City Hall or send them via email to dferguson@cityofwimberley.com.
11 comments:
Are you serious or delirious? This is a no-win for citizens.
The City’s Planning and Zoning Commission is considering a modification to the rules to allow an "Assisted Living Business" to continue to operate in a residential neighborhood in Eagle Rock III at the foot of Old Baldy. They have had several hearings and the only people that want the business to continue are the owners and their friend sand family. The neighbors hate it and want the law enforced.
That Business is a clear violation of the Zoning Codes for a single family residential zone as well as the Deed Restrictions of the neighborhood. The neighbors feel they are powerless to stop this, since a couple of very vocal proponents on the Commission are really pushing this. For the Commission to even consider such a thing flies in the face of the whole purpose of the Zoning regulations.
This whole thing came to the forefront when a neighbor complained to the CC of this obvious violation to the Zoning laws but instead of enforcing the law by shutting the business down they decided to change the law. The owner is very threatening to anyone that even talks about shutting her very lucrative operation down and threatens to sue anyone that tries. She did this same thing in another State where she had political influence. It appears that she may have some influence here in Wimberley and maybe Hays County.
The business in question advertizes their unlicensed operation in the local newspaper and the Chamber of Commerce actually had a ribbon cutting ceremony for this illegal business when it opened.
I think this whole idea of legalizing this senior day care and assisted living facility/ business for profit ($300 a day, per patient) is preposterous and it should be shut down immediately. Shouldn't at least "Old Baldy" aka Prayer Mountain remain a non-commercial, residential Zone as required by the present City's ordinances?
The same Commission is in the process of allowing a much larger (licensed) Assisted Living facility of this type in a commercial Zone to begin construction within a stone's throw of this intrusive neighborhood operation.
The business that What Zoning is complaining about is not in violation of deed restrictions. The business is not an assisted living facility. In order to be licensed as an assisted living facility you must have 4 or more people living in the facility; according to the license rules of the state of Texas so the Home is not an Assisted Living Facility. The lady stated to the cc that she only has 3 old people living with her at any time.
I have lived in Eagle Rock and did not know about this home until all this started. This is a quiet place and very few people are ever seen there. In my opinion this lady is running an in home office just like me. I telecommute to my job in Austin so I guess I am running a business in violation of the deed restrictions too.
If any one is interested in looking up the regs for assisted living you can find them on the internet. Also before you start to accuse me of being in league with the lady I want to state that I have never met her but I hate to see some one railroaded by uninformed well meaning neighbors.
Some of the neighbors should look to their own houses before complaining about their neighbors. I know of one home owner on the street that needs to cleanup his property. Why is he getting away with deed restriction violations? Why doesn't the city cite him for having an eyesore and running a junk yard in a residential area? He is causing more problems for the neighbors than a quite home with a few old people living in it.
I agree Anonymous #2. Why can't people mind their own business. Also what gives a person who won't follow the deed restrictions in his own neighborhood the right to complain about another. The person in question needs to clean up his own property before he tries to get someone else to clean up theirs.
It is called "Lane's Hillside Country Home" in the advertisement on the Chamber of Commerce Website and in the ad they run frequently in the Wimberley View. See http://www.wimberley.org/d/8838233_12663.htm
It is definitely a business and the owner admits it. They have 3 beds for elderly patients and offers Senior Day care. Regardless of whether they are licensed or not, they are a business not a home office. The owner claims she ran two of the businesses in Alaska.
Why else would the Zoning Commission be looking to create a variance for them to operate this business?
The Deed Restrictions say; "None of the lots or the improvements thereon in Section III Eagle Rock Ranchitos shall be constructed for anything other than owner occupied single-family, private residential purposes. No lot in the Section shall be used for any commercial, business or professional purpose nor for church purposes or other nonprofit activity." It couldn't be clearer.
Then what about the junk yard that the homeowner is running in Eagle Rock just down the street from "Lanes" . If he can run a junkyard then she can run a home for the elderly. You can't pick and choose who can be in violation of deed restrictions. They either apply to all or they apply to none.
If you go to the WPOA meeting minutes you will find that they did not find that she was in violation of the deed restrictions. If her homeowners association did not decide that she was in violation of the deed restrictions then why should the city of Wimberley say that she is. Zoning is a entirely different thing from deed restrictions. Get your facts straight before you accuse anyone.
@Anonymous November 6, 2011 7:56 PM
The WPOA's minutes simply state that they decided "not to pursue any issues with the owners of 39 La Toya Trail, currently operating a small assisted living facility in their home." They did not publish the "real reason" for their dereliction. They never said it was not a violation; they just chose to ignore it for reasons they chose to hold back from the members and the general public.
In fact ther statement actually supplies evidence that it is an "Assisted Living Facility", a Business in violation.
Please go back and read it again and get YOUR facts straight.
@ Anonymous 7:56 pm & 6:29 am
Cities or incorporated areas do not deal with deed restrictions homeowner & property owners associations do. Cities deal with zoning issues.
The deed restrictions are there only for the suckers.
Consider that WVWA gets expressly excused from the WPOA board from having to pay any assessments, while other homeowners are threatened with litigation and foreclosure regarding the same issue. Visit the Hays County Clerk's office to find the documents that the WPOA board signed to excuse WVWA from having to pay assessments on lots.
Another homeowner apparently operates an assisted living facility (by the way Anon#2 isn't 3+1 = 4?) and the WPOA board has taken the position that it will not pursue such facility.
Seems to me that other lot owners should be able to say "no" to paying assessments. Why should the WPOA be forcing everyone else to pay under threat of foreclosure while excusing others into perpetuity?Similarly, the WPOA seems to be operating to both "protect" the assisted living business while prohibiting others from doing the same. At a minimum it sounds like there is no prohibition from operating the aforementioned business with up to at least 3 paying guests. Why should the WPOA be giving one business a monopoly?
The WPOA does nothing of value for the vast majority of the residents whose property is burdened with involuntary membership in that corporation. The money from the many is used to benefit the management, administration, and other not-so-above-board organizations like WVWA.
You can vote to remove the WPOA from your property on a section by section basis. Consider organizing and doing so so that you no longer need to tolerate being a third class citizen in your own home.
@Anonymous who said...
@ Anonymous 7:56 pm & 6:29 am
Cities or incorporated areas do not deal with deed restrictions homeowner & property owners associations do. Cities deal with zoning issues.
Actually, the cities and counties are frequently the entities imposing restrictions. Consider the Commissioners Court of Hays County which adopted subdivision regulations to prohibit residential wells in new platted subdivisions where the lot size is less than six acres. Nevermind that the source of water is still groundwater - just from a private water provider that the county is trying to hold the homeowners hostage to. The prohibition will be implemented as a platting restriction and as a restrictive covenant. The county has the power to enforce restrictive covenants. Not so much a "private contract" between "willing participants", is it?
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