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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 Page 1 of 7 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 Minutes P &Z Meeting October 28, 2015 Page 2 of 7 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. Minutes P &Z Meeting October 28, 2015 Page 3 of 7 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 Minutes P &Z Meeting October 28, 2015 Page 4 of 7 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. Minutes P &Z Meeting October 28, 2015 Page 5 of 7 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. Minutes P &Z Meeting October 28, 2015 Page 6 of 7 • 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 Minutes P &Z Meeting October 28, 2015 Page 7 of 7