Loading...
PZ 11-19-2014PLANNING AND ZONING MINUTES November 19, 2014 The Schertz Planning and Zoning Commission convened on November 19, 2014 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION CITY STAFF David Richmond, Chairman Michelle Sanchez, Director Development Services Ernie Evans, Vice - Chairman Lesa Wood, Senior Planner Ken Greenwald Bryce Cox, Planner I Bert Crawford, Jr. Patti White, Executive Asst. Development Richard Braud Christian Glombik Michael Dahle COMMISSIONERS ABSENT OTHERS PRESENT Marl-, Hill, Ford Engineering Clint Ellis, Cibolo Creek Municipal Authority 1. CALL TO ORDER/ROLL CALL Mr. Richmond called the meeting to order at 6:01 P.M. 2. HEARING OF RESIDENTS • No one spoke. 3. CONSENT AGENDA A. Minutes for September 24, 2014 and October 8, 2014 Regular Meetings B. PC2014 -047 Consider and act upon a request for approval of a final plat of Lot 1, Block 1 CST Store No. 1074 Subdivision, an approximately 5 acre tract of land situated in the Rafael Garza Survey No. 98, Abstract No. 175, City of Schertz, Comal County, Texas, generally located on the northwest corner of Hubertus Road and I11-35. Mr. Crawford moved to approve the consent agenda. Mr. Dahle seconded the motion. Vote was 7 -0. Motion carried. 4. PUBLIC HEARING A. ZC2014 -013 Hold a public hearing, consider and make a recommendation on a request to rezone approximately 2 acres of land from Predevelopment (PRE) to Residential /Agricultural (R- A). The property is more specifically described as a tract of land out of the Julian Diaz Survey No. 66, Abstract No. 187, City of Schertz, Bexar County, Texas; generally located eight hundred and fifty feet (850') east of the intersection of FM 1518 and Lower Seguin Road. Minutes Planning and Zoning Commission November 19, 2014 Page 1 of 6 Mr. Cox presented this item by stating that the Applicant is proposing to rezone approximately 2 acres of land from Predevelopment District (PRE) to Residential Agriculture District (RA). The subject property is currently undeveloped and is located on Lower Seguin Road approximately 850 feet east of the intersection of Lower Seguin Road and FM 1518. Seven (7) public hearing notices were mailed to surrounding property owners on November 6, 2014. Public hearing notice will be published in "The Daily Commercial Recorder" on and the "Herald" prior to the City Council public hearing. At the time of this meeting, one (1) response has been received and it was in favor with no comments. The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as Estate Neighborhood which is defined as Residential Agriculture District (RA) base zoning with single - family residential uses only. • Comprehensive Plan Goals and Objectives: The proposed zone change is consistent with the proposed single- family residential use for Estate Neighborhood. • Impact on Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems. • Impact on Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which are consistent with the Comprehensive Land Use Plan. The primary reason for the proposed rezoning is to construct a single family home on the two acres. Staff recommends approval of the zoning request based its compatibility with the adjacent land uses and compliance with the Comprehensive Land Use Plan. Mr. Richmond opened the Public Hearing at 6:08 P.M. There being no one to speak, Mr. Richmond closed the Public Hearing at 6:09 P.M. Mr. Dahle asked why we are doing 2 acres instead of 1 acre. Mr. Hill, Ford Engineering representing the Applicant stated that they wanted more land. Mr. Crawford asked what would be the use. Mr. Hill stated that it would be a residential home. Mr. Dahle moved to forward this item to City Council with a recommendation to approve rezoning. Mr. Greenwald seconded the motion. Vote was 7 -0. Motion carried. B. ZC2014 -014 Hold a public hearing, consider and make a recommendation on a request to zone approximately 70 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the E. Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at 7720 Trainer Hale Road. Mr. Richmond stated that Mr. Greenwald and Mr. Braud would excuse themselves and step down from the dais because of a potential conflict of interest in this item. Mr. Greenwald and Mr. Braud left the council chambers. Minutes Planning and Zoning Commission November 19, 2014 Page 2 of 6 Ms. Wood presented this item by stating that the Applicant is requesting to zone approximately 70 acres of land generally located at 7720 Trainer Hale Road approximately 1500 feet north of Interstate 10 to Public Use District (PUB). The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by Cibolo Creek Municipal Authority which has indicated their desire to voluntarily annex the property and develop a municipal wastewater treatment plant at this location. Sixteen (16) public hearing notices were mailed to surrounding property owners within 200 feet on November 7, 2014 with a public hearing notice to be published in "The Daily Commercial Recorder" and the "Herald" prior to the City Council public hearing. At the time of this meeting, nine (9) responses were received, six (6) opposed, one (1) opposed but lives in Cibolo, one (1) in favor, and one (1) with no comment. The Future Land Use Plan (FLUP) designates the subject property for Agricultural Residential which is defined in the Comprehensive Land Plan as intended to preserve the rural /agriculture state to include large lot residential and some related commercial uses permitted such as: landscaping business, metal workshop, farmers market, convenience store, etc. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change supports the goal to ensure adequate development of public facilities as well as upgrade public facilities and services in order to meet the challenges of growth. • Impact on Infrastructure: The proposed zone change will have a large impact on the wastewater infrastructure system by providing additional capacity for community growth. • Impact on Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which is currently consistent with the Comprehensive Land Use Plan. The Comprehensive Land Use Plan identifies this area as Agricultural Residential to provide for large acre lots and includes ancillary uses to the neighborhood. This zone change recommendation will be presented in conjunction with a voluntary annexation request. Staff recommends approval. Mr. Ellis, the Applicant, stated that they are taking steps to mitigate nuisances to address issues beforehand. Mr. Richmond opened the public hearing at 6:18 P.M. • Lana Smidt, 14678 Schmidt -Craft Ln., spoke on odor, noise and property values. • Gerri Scheel, 7424 Trainer Hale Rd., spoke on her property and realignment of FM3009. • Lea Luensmann, 8447 Trainer Hale Rd., spoke on her property values and noise. • Craig Moore, 7703 Trainer Hale Rd., spoke on site, smell, roads handling this project and opposition. • Mike Hunter, 7681 Trainer Hale Rd., spoke on widening the roads and opposition. • Roger Scott, 14546 Schmidt -Craft Ln., spoke on notices not sent to him, make sure that this is put in correctly and land will be devalued. Minutes Planning and Zoning Commission November 19, 2014 Page 3 of 6 Mr. Richmond closed the public hearing at 6:29 P.M. Mr. Richmond stated that the Commission is acting on a rezoning application. Ms. Wood stated the survey received was for 69.111 acres, that this is a zoning process, and we have not received an application for platting. Notices were mailed out according to state law to current tax owners from Bexar County within 200 feet of this property. A list of those notices is available if someone would like to speak to Staff after the meeting. Mr. Ellis, the Applicant, stated that there will be silent blowers to mitigate noise, and they are visiting other sites near residential neighbors to determine requirements to mitigate odor. He stated that they have the 69 acres, will purchase an additional 60 acres, and will landscape to shield the road. Mr. Glombik asked about the impact on taxes. Mr. Ellis stated that would be a question for the appraisal district. Mr. Dahle asked about mitigating dust during construction. Mr. Ellis stated that they would use water trucks. Discussion followed between Staff, the Applicant and the Commission. Mr. Glombik moved to forward this item to City Council with a recommendation to approve rezoning. Mr. Crawford seconded the motion. Vote was 5 -0. Motion carried. Mr. Richmond stated that a break would be taken at 6:55 P.M. Mr. Richmond called the meeting to order at 6:57 P.M. Mr. Braud and Mr. Greenwald returned to the dais. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. PC2014 -056 Consider and act upon a request for approval of an amendment to the master development plan for Verde Enterprise Business Park, an approximately 214 acre tract of land situated in the Toreiba Herrera Survey No. 68, Abstract No. 153; City of Schertz, Guadalupe and Comal County, Texas, generally located on the north of the intersection of Schertz Parkway and 111- 35. Mr. Cox presented this item by stating that the Applicant is proposing to amend the master development plan for the subject property to add approximately 5 acres of land to Unit 12A & B. The entire subdivision is approximately 214 acres of land zoned Planned Development District (PDD). The original Master Development Plan (MDP) was approved by the Planning and Zoning Commission on May 10, 2005 and has been revised various times with the last amendment being approved on February 25, 2013. The property is approximately 214 acres of land zoned Planned Development District (PDD). The subdivision has been partially developed. On July 22, 2014, City Council approved the rezoning to PDD for the approximately 5 acres of land that the applicant is requesting to add to the MDP. Minutes Planning and Zoning Commission November 19, 2014 Page 4 of 6 This development is designed to have multiple access points from Schertz Parkway, Lookout Road, IH -35, and two internal roads which have been constructed, Mid - Cities Parkway and Verde Parkway. Cross lot access easements provide additional traffic circulation along the commercial portion of the development. Unit 12A has frontage on IH -35 and Unit 12B has frontage on Verde Parkway. The addition is serviced through 12" water lines and 8" sewer lines that will be extended throughout the addition and stubbed for future development. The applicant is responsible for all drainage associated with the subject property, and for compliance with Storm Water regulations, which may require on -site detention at the time of site plan. The master development plan is being amended to add approximately 5 acres of land to Unit 12 to create two (2) buildable lots and a drainage lot. Unit 12A is located in the commercial area and Unit 12B is located in the industrial area as identified in the PDD. The amended master development plan has been reviewed with no objections by the City Engineer, Public Works, Inspections, Parks and Recreation, Fire and Police. The master development plan is consistent with all applicable zoning requirements, ordinances and regulations of the City. Staff recommends approval of the amended master development plan. Mr. Glombik moved to approve this item as presented. Mr. Dahle seconded the motion. Vote was 7 -0. Motion carried. B. PC2014 -060 Consider and act upon a request for approval of a preliminary plat of Units 12A & B of the Verde Enterprise Business Park Subdivision, an approximately 9 acre tract of land situated in the Toreiba Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas, generally located 600 feet east of the intersection of Schertz Parkway and IH -35. Mr. Cox presented this item by stating that the Applicant is proposing to preliminary plat approximately 9 acres establishing two (2) buildable lots and one (1) drainage lot. The subject property is currently undeveloped and is located 600 feet east of the intersection of Schertz Parkway and IH -35. Access to this Unit will be through the existing Verde Parkway for Unit 12B and IH -35 for Unit 12A. The site is serviced by Schertz water and sewer, CPS, Centerpoint Energy, AT &T, and Time Warner Cable. This site is serviced through existing 12" water lines that run along IH -35 and Verde Parkway. The site is served by 8" sewer lines that will be extended along the subdivision. Sidewalks along IH -35 and Verde Parkway are required and will be installed with development of the lots. No right -of -way dedications or roadway improvements are required. The applicant will be responsible for driveway improvements that TxDOT requires along IH -35. The proposed preliminary plat has been reviewed with no objections by the City Engineer, Public Works, Parks, Inspections, Fire and Police. The plat is consistent with all applicable zoning requirements, ordinances and regulations of the City. Staff recommends approval. Mr. Greenwald moved to approve this item as presented. Mr. Glombik seconded the motion. Vote was 7 -0. Motion carried. 6. REQUESTS AND ANNOUNCEMENTS A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. Minutes Planning and Zoning Commission November 19, 2014 Page 5 of 6 VA • Mr. Richmond stated that Staff has a list that will carry into 2015. B. Announcements by Commissioners. • Mr. Dahle stated that a couple of meetings ago, it was announced if anyone wanted to volunteer for the Mayor's Task Force. He has volunteered with the first meeting scheduled on December 6, 2014. The Task Force will include reps from all City boards and commissions to meet on an ongoing basis to look at bond projects and more involvement from citizens. • Mr. Greenwald stated that the dedication at the Veteran's Memorial on November 11, 2014 was well attended. • Mr. Richmond stated that he had joined a meeting today at The Crossvine with Chris Price, Bradley Bechtol and Brian James to review on site revisions, and he feels good about what he saw. C. Announcements by City Staff. • Ms. Sanchez stated that the Commission received the Planning department report for September 2014. • Ms. Sanchez stated that there will be one meeting in December on December 17, 2014. • Ms. Sanchez stated wished everyone a Happy Thanksgiving and that city offices would be closed on Thursday and Friday. • Ms. Wood stated that Lone Star Rail District is giving City Council an update on November 25, 2014. • Ms. Wood stated the Commission was provided a revision of Commissioners' personal information, and that no changes were reported. • Ms. Wood stated that Staff is working on UDC changes to bring to the Commission beginning in January 2015. ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 7:14 P.M. S Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission November 19, 2014 Page 6 of 6 Recording Secretary, City of Schertz