PZ 10-28-2015PLANNING AND ZONING MINUTES
October 28, 2015
A Regular Meeting was held by the Planning and Zoning Commission on October 28, 2015 at the
Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
PLANNING & ZONING COMMISSION
David Richmond, Chairman
Bert Crawford, Jr.
Richard Braud
Ken Greenwald
CITY STAFF
Brian James, Executive Director Development
Lesa Wood, Senior Planner
Patti White, Executive Asst. Development
COMMISSIONERS ABSENT OTHERS PRESENT
Ernie Evans, Vice - Chairman Mark Roberts, Roberts Properties, Inc.
Christian Glombik James McKnight, representative of the Applicant,
Michael Dahle Brake Check
1. CALL TO ORDER/ROLL CALL
Mr. Richmond called the meeting to order at 6:00 P.M.
2. HEARING OF RESIDENTS
• No one spoke.
3. CONSENT AGENDA
Mr. Braud asked that the minutes be pulled for discussion.
B. PC2015 -035
Consider and act upon a request for approval of a final plat of the Texas Curb Cut
Subdivision, an approximately 5 acre tract of land located at 7705 FM 482, City of Schertz,
Comal County, Texas.
Mr. Crawford motioned to approve consent agenda item PC2015 -035 as presented. Mr. Greenwald
seconded the motion. Vote was 4 -0. Motion carried.
A. MINUTES FOR THE SPECIAL JOINT AND REGULAR MEETING FOR
SEPTEMBER 15, 2015.
Mr. Braud stated that at that meeting he had a rather long question and answer discussion with
Colonel Baldwin, and none of that was mentioned in the minutes. He would like that discussion
included.
Ms. White stated that Ms. Dennis, City Secretary, prepared the minutes, and she would check with
her.
Mr. Greenwald motioned to table this item on the consent agenda
motion. Vote was 4 -0. Motion carried.
Minutes
P &Z Meeting
October 28, 2015
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Mr. Crawford seconded the
4. PUBLIC HEARING
A. ZC2015 -007
Hold a public hearing, consider and make a recommendation to City Council on a request
to rezone approximately 0.5086 acres of land to General Business District (GB), from
approximately 0.352 acres of land zoned Neighborhood Services District (NS) located at
17160 IH -35, and from approximately 0.1566 acres of land zoned Manufactured Home
Subdivision District (MHS) located at 5317 Cabana Drive.
Ms. Wood presented this item by stating that the Applicant is proposing to rezone approximately
0.5086 acres of land to General Business District (GB), from approximately 0.352 acres of land
zoned Neighborhood Services District (NS) located at 17160 IH -35, and from approximately 0. 1566
acres of land zoned Manufactured Home Subdivision District (MHS) in order to open an automobile
repair & service, minor facility. The property is located at 5317 Cabana Drive and 17160 IH -35. The
site has an existing restaurant and parking lot. 5317 Cabana Drive is currently platted and 17160
IH -35 is not platted.
Sixteen (16) public hearing notices were mailed to surrounding property owners within two hundred
(200) feet of the subject property on October 14, 2015. At the time of this meeting a total of four (4)
responses have been received; one (1) response in favor of the request from the subject property
owner, two (2) were in favor within the 200 feet area, and one (1) response neutral to the request.
The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject
property as Commercial Campus. The Commercial Campus area is intended to encourage the
development of lower intensity commercial and office uses in the locations between major
intersections as a buffer between the Interstate Highway and adjoining neighborhoods.
The Comprehensive Land Use Plan identifies this area as Commercial Campus. The rezoning request
appears to have a minimal impact on the public infrastructure, facilities or services. The applicant is
proposing to rezone the subject property from the current zonings of Neighborhood Services District
(NS) and Manufactured Home Subdivision District (MHS) to General Business (GB) to allow for
the construction and operation of an automobile repair & service, minor facility.
The property 5317 Cabana Drive was encumbered by restrictive deed covenants which prohibited
commercial development on' this lot. Prior to submitting a rezoning application, the applicant had
the restrictions changed so that the property could be used for commercial businesses. This process
involved getting at least 51 % of the lots in the subdivision to agree to change the restrictive covenants
to allow the subject property to be used for a commercial business. The applicant received support
from 36 % of the 62 subdivision lots (58.9 %) to change the restrictive covenants. The applicant has
also submitted letters of support for the rezoning to General Business (GB) from four (4) property
owners within the 200 foot notice area and from one (1) property owner adjacent to the noticing area.
Neighborhood Services District (NS) is the typical commercial zoning district buffer between single
family residential neighborhoods and commercial, because the zoning district is intended to provide
suitable areas for the development of limited service and retail uses in close proximity to residential
neighborhoods with non - residential uses which do not attract long distance traffic trips. However,
due to the property location along IH -35 and the documentation provided showing support of the
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P &Z Meeting
October 28, 2015
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commercial land use from the adjoining residential neighborhood, Staff does not have an objection
to the zoning request.
Staff does have a concern that the General Business District (GB) allows for some more intense
commercial uses which could potentially have a negative impact on the adjoining neighborhood.
These more intense uses include but are not limited to, Car Wash, Self Service, Dance hall/ Night
Club, Heavy Equipment Sales, service or rental, Pawnshop, Private Club, Tavern, Taxidermist, and
Tool Rental.
Staff recommends approval of the rezoning application with deference given to the opinions of the
residents of the Mobile Villa Subdivision who are most directly impacted by the zoning change.
James McKnight, representing the Applicant, Brake Check, stated that the building would be 3,400
sq. feet which is for bralce repairs, and Tube services and there were several restrictions to the property
including landscape buffers and setbacks and they tools into account the neighborhood around them.
They plan on using the same layout as the existing restaurant so that the business is not directly
across from the neighborhood. And they have gone to the neighbors asking for their support.
Mr. Richmond opened the Public Hearing at 6:10 P.M.
• Tim Brown, Remax Corridor, 17156 IH 35 N, asked if anyone has addressed drainage on Cabana
Drive. Ms. Wood stated that this is only a zoning application, and drainage will be reviewed
with site plan if the zoning is recommended for approval.
• Mark Roberts, 4300 Spanish Oak, stated that this is another of those to look at from a zoning
perspective and doesn't fit.
Mr. Richmond closed the Public Hearing at 6:14 P.M.
Mr. Greenwald asked if we have looked at parking on Cabana Drive. Ms. Wood stated that they
have not submitted a site plan or an application, as they are waiting to get the zoning, but Staff has
met with them and discussed all the requirements. Mr. Richmond stated that he is concerned with
changing from NS to GB near residential because there is a much broader spectrum of activity that
can go into GB than NS. Mr. Crawford asked to refresh his memory that the Commission can't put
conditions on zoning package. Ms. Wood stated that is correct. Ms. Wood stated that in the staff
report there were a few items pointed out that would fit on this size of lot.
Discussion continued among the Commission, the Applicant and Staff. Mr. James stated that Mr.
Brown has revised his notice and is now opposed to the zoning change.
Mr. Braud motioned to make a recommendation to City Council to approve this item as presented.
Mr. Crawford seconded the motion. Vote was 3 -1 with Mr. Richmond voting Nay. Motion carried.
Mr. James stated that according to the By -Laws for the Commission on top of Page 6, if there is "a
motion to approve any matter before the Commission or to recommend approval of any request
requiring Council action shall require four (4) favorable votes of the regular members or alternate
members duly sitting ". Mr. James further stated that the By -Laws require continuing the
application to the next regular meeting. Mr. Braud motioned and Mr. Crawford seconded
continuing the application to the next regular meeting. Vote was 4 -0.
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P &Z Meeting
October 28, 2015
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5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. SUP2015 -001
Consider and make a recommendation to City Council on a request for a Specific Use Permit
with associated site plan to allow an Automotive Repair and Service, Major at 1000 FM 3009.
The property is more specifically described as Lot 5, Block 1 of the Mark Roberts II
Subdivision; City of Schertz, Guadalupe County, Texas; located approximately 235 feet from
the intersection of FM 3009 and Silvertree Blvd. (Public hearing was held on September 23,
2015. The item was tabled by the Commission)
Ms. Wood stated that this item was tabled from the September 23, 2015 Public Hearing.
Mr. Greenwald motioned to take this item off the table. Mr. Crawford seconded the motion. Vote
was 4 -0. Motion carried.
Ms. Wood stated that the required public hearing for this item was held by the Planning and Zoning
Commission on September 23, 2015. The Specific Use Permit request was tabled by the
Commission to allow staff to gain a legal interpretation related to modifications /conditions on the
permit. The City Attorney has reviewed the UDC and the Commission request and has determined
that the Planning and Zoning Commission and City Council have the discretion to add conditions
which limit the types of automotive work allowed on the site if the conditions are mitigating potential
adverse impacts on the adjacent neighborhood and increasing compatibility with surrounding land
uses. Twenty -four (24) public hearing notices were mailed to surrounding property owners within
two hundred (200) feet of the subject property on June 27, 2014. At the time of this meeting, the
following responses were received:
Response
Notice Area
Outside Notice Area
Opposed
3
4
Neutral
1
1
Favor
0
2
Ms. Wood gave the following presentation by stating that the Applicant is requesting a Specific Use
Permit to allow the use of Automobile Repair and Service, Major at 1000 FM 3009, which is located
approximately 235 feet south of the FM 3009 and Silvertree Blvd. intersection. The proposed
development includes a 5,880 square foot building that includes office space, eight (8) service bays
and a canopy. The subject property is currently zoned General Business (GB).
The proposed Automobile Repair and Service, Major will be subject to provisions of the Unified
Development Code (Ordinance 11 -S -15, as amended). Additionally, the Specific Use Permit will be
conditioned upon the following occurring:
a) A building permit has been approved within one year of the adoption of the Specific Use
Permit ordinance; and
b) The use has begun operation within two years of the issuance of the necessary building
permit.
The subject property is adjacent to the Silvertree Subdivision to the East; Guadalupe River Nursing
& Rehabilitation to the south; FM 3009 /Greenfield Village Subdivision to the west and Kids Dental
to the north. The comprehensive land use plan identifies this area as multi - family residential which
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P &Z Meeting
October 28, 2015
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is intended for apartment buildings, assisted living facilities and low intensity commercial uses. This
property is zoned General Business (GB) which is intended to provide suitable areas for development
of non - residential uses which offer a wide variety of retail and service establishments oriented
toward service the overall needs of the entire community. The proposed land use is compatible with
the existing commercial land uses in the area from (Silvertree Blvd. to Borgfeld Rd.) which include
a daycare; medical offices; convenience store with gas pumps; automobile repair; and a carwash.
The applicant is proposing to construct a 5,880 square foot building with a detached canopy on
approximately 1 acre of land.
• Architectural Standards: Section 21.9.5 Exterior construction and Design standards
requires all non - residential buildings to meet the minimum masonry requirements, fagade
articulations and percentage of windows and doors. The proposed building elevations
comply with the Exterior Construction and Design standard. The building and canopy will
be constructed of 100% stone and stucco with the front fagade consisting of 30% windows
and doors.
• Parking: The site has thirty one (3 1) parking spaces of which two (2) spaces are designated
as handicap parking which exceeds the minimum parking standards for the proposed use by
one (1).
• Screening requirements: The site has satisfied the minimum requirements for screening
adjacent to or separated by a local street from a lot zoned residential by installing an 8'
masonry fence. Additionally, the trash receptacle will be constructed of masonry with metal
gates that meets the minimum screening requirements.
• Lighting and glare standards: The applicant will be responsible for complying with
Section 21.9.11 Lighting and Glare standards at the time of building permit. A note has been
placed on the site plan.
• Landscaping_ The UDC requires that non - residential development adjacent to right -of -way
requires a landscape buffer. A total of eleven (11) new shade trees will be planted on the lot;
trees will be planted along the FM 3009 right -of -way at a ratio of one (1) tree per twenty
(20) feet and along Silvertree Blvd. (adjacent to residential) at a ratio of one (1) tree per thirty
(30) linear feet. Shrub screening will be planted adjacent to all vehicle use areas along FM
3009 as well as along the masonry fence on Silvertree Blvd. The remaining landscaped area
will be grass sod. All landscaping will be watered by an automatic irrigation system.
• Access and circulation: The site is accessed through two driveways, one shared driveway
on FM 3009 and the other on Silvertree Blvd. Two (2) fire lanes have been provided for
emergency vehicle access. The existing shared driveway on FM -3009, shown on the site
plan, was approved by TxDOT and constructed with the adjacent Kid Dental.
• Utilities and Drainage: The site will be served by Schertz water and sewer, GVEC, Center
Point Energy, AT &T, and Time Warner. This site will drain into an on -site detention pond
area.
Staff recommends approval of the Specific Use Permit to allow the use of Automobile Repair and
Service, Major conditioned upon the following occurring:
a) A building permit has been approved within one year of the adoption of the Specific Use
Permit ordinance; and
b) The use has begun operation within two years of the issuance of the necessary building
permit.
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P &Z Meeting
October 28, 2015
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Ms. Wood stated that the Public Hearing has already been held so this meeting is for discussion and
action.
Mark Roberts, the Applicant, stated the first sentence of Automobile Repair, Major would give him
the additional uses he needs. Mr. Crawford asked if you add this first sentence to the minor definition
would that be what Mr. Roberts needs. Ms. Wood asked if she could read the major definition and
the Commission could strike out what is not needed. Mr. Richmond asked what the hours of
operation would be. Mr. Roberts stated that the hours would probably be lam — 5:30 — 6pm, and he
is not currently open on Saturday and Sunday. Mr. Braud asked what is it about muffler shops that
go from minor to major. Mr. Roberts said he didn't know as most of the parts are pre -bent and you
just buy what you need.
Ms. Wood proposed a definition which would change the last sentence under minor to include the
several first sentence uses under major. The Applicant and Commission agreed.
Mr. Greenwald motioned to make a recommendation to City Council to approve this item and to add
conditions which limit the types of automotive work, allowed on the site if the conditions are
mitigating potential adverse impacts on the adjacent neighborhood and increasing compatibility with
surrounding land uses as discussed including adding general repairs or reconditioning of engines,
air - conditioning systems and transmissions for motor vehicles to the Automobile Repair, Minor
definition. Mr. Crawford seconded the motion. Vote was 4 -0. Motion carried.
6. REQUESTS AND ANNOUNCEMENTS
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.
• None.
B. Announcements by Commissioners.
• Mr. Braud stated that he would like to publicly thank the City and Staff for providing
resources to attend the Texas APA conference.
• Mr. Crawford agreed with Mr. Braud, and thanked Ms. Wood for safe transportation to
and from the conference.
• Mr. Richmond thanked everyone who attended the conference, and accepted the Planning
Commissioner Award in his absence.
C. Announcements by City Staff.
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October 28, 2015
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• Ms. Wood stated that Mr. Richmond will be presented the Planning Commissioner Award
at the City Council meeting on November 17th° and there also will be a presentation on
the agenda for the joint meeting on November 18th including EDC, TSAC and CIAC.
The latter will have a monster agenda because there will be several presentations by the
School District, VIA and the Master Thoroughfare Plan along with several plats. A
reminder that there is only one P &Z meeting scheduled in November and one in
December.
• Ms. Wood stated there are two holidays in November which are Veterans Day on
November 11 th and Thanksgiving on November 26th and 27tH
7. ADJOURNMENT OF THE REGULAR MEETING
The meeting adjourned at 7:15 P.M.
Chairman, Planning and Zoning Commission Recording Secretary, City of Schertz
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October 28, 2015
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