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PZ 6-8-2016PLANNING AND ZONING MINUTES June 8, 2016 A Regular Meeting was held by the Planning and Zoning Commission on June 8, 2016 at 6:00pm at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernest Evans Jr., Vice Chairman Christian Glombik Ken Greenwald Bert Crawford, Jr. Richard Braud Michael Dahle CITY STAFF Brian James, Executive Director Development Lesa Wood, Director of Planning & Community Bryce Cox, Senior Planner Channary Gould, Planner I Emily Grobe, Planner I Tiffany Danhof, Executive Assistant Daniel Santee, City Attorney COMMISSIONERS ABSENT OTHERS PRESENT Megan Lasch, Applicant, Saigebrook Development Trey Jacobson, Representative of the Applicant, Golden Steve law firm Lisa Stephens, Representative of the Avanti Canyon 1. CALL TO ORDER Mr. Richmond called the meeting to order at 6:02 P.M. 2. HEARING OF RESIDENTS ® No citizen comments. 3. PUBLIC HEARING A. ZC2016 -005 Hold a public hearing, consider and make a recommendation to City Council about request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan. The area is generally located south west of the intersection of FM 2252 and IH -35, and is specifically described as 5.929 acres out of the Robert Martin & JNO.F. Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas. Ms. Wood presented a quick overview to explain the procedure on how the planning department reviews the comprehensive land plan amendment and zoning cases. Mr. Cox made a presentation on the request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan. Five (5) public hearing notices were mailed to surrounding property owners on May 27, 2016. The staff received one in favor and one opposed. The land is designated as "Highway Commercial" and it is characterized with a land use mix of mostly large format retail with restaurants and entertainment uses or mid -rise office buildings. It may also include lodging and related uses. The applicant is requesting to change the Future Land Use Plan for the subject area to "Commercial Campus" and land character- is intended to encourage the development of lower Minutes P &Z Meeting June 8, 2016 Page 1 of 6 intensity commercial and office uses in locations between major intersections as a buffer between the interstate highway and adjoining neighborhoods. "Commercial Campus" can also accommodate light manufacturing or flex office uses set in a campus like environment in addition to multi - family residential located at mid -block locations and as transitions between office/ light industrial uses and adjoining single - family residential uses. It is the opinion of City Staff that this area is appropriately designated as "Highway Commercial" and thus recommends denial of the of the Comprehensive Land Plan Amendment request. Mr. Jacobson and the applicant Ms. Lasch requested to move item to the next Planning and Zoning meeting on June 22, 2016 in order to reach out to the community and address their concerns. Mr. Richmond asked Staff if this item has already been noticed for a City Council meeting. Mr. Cox responded that notice for City Council is not published until after the Planning and Zoning Commission has provided a recommendation. Mr. Evans commented that because of the request by the applicant, there should be no action taken. Mr. Santee commented that the public hearing must occur however it is at the discretion of the Commission to take action or table the item to a later date. Mr. Richmond asked the applicant to continue with their presentation. Mr. Jacobson, Ms. Stevens and Ms. Lasch continued presenting the Avanti Canyon presentation. This included describing the zoning, project details, how they are built, how they chose this location, infrastructure impacts, traffic concerns, and landscaping, They also are proposing to preserve the commercial Frontage along IH -35. PUBLIC HEARING Mr. Richmond explained how the public hearing process would be conducted and then called on the first person to be heard. Brent Bolter - 2633 Clover Brook Lane — Opposed Concerned with affordable living, crime, who will be the proposed residents, and what percent is being is withheld on the rent of each resident. Greg Howell - 2525 Allory Pointe — Opposed Concerned with traffic, crime, and property valve John Sullivan - 513 Triple Crown — Opposed Concerned with vision of the property, safe roads or access to commercial and schools, and would prefer more attractive commercial properties. John Hamner - 2521 War Admiral — Opposed Concerned with Jobs, safe roads and access. George Antuna - 3636 Woodlawn Farms — Opposed Concerned with changing rezoning commercial properties to multifamily. Lisa Stephens — 6636 N. Riverside Dr. (applicant) — In favor Wanted to clear up some misunderstanding that this property is not a subsidized rent property. That all residents will be required to do a back ground check and explained would be happy to go in more detail with any concern. Minutes P &Z Meeting June 8, 2016 Page 2 of 6 Doug Jennings — 2501 Hourless Oaks — Opposed Concerned with changing rezoning commercial properties to multifamily. Richard Stephens — 2557 Granada Gait (Belmont Park HOA President) — Opposed Concerned loosing commercial property, Schools over the limit, mentioned about the 255 petition against the rezoning the. property. Roy Ragsdale — 733 Hollow Ridge — Opposed Mentioned about the 255 petition against the rezoning the property, and concerned about public transportation. Rence Master — 2508 Hourless Oaks — Opposed Concerned with rezoning, explained the AMT and how they approve the income breakdown, and explained that they cannot market to veterans only. Diane Ott — 18780 IH 35N. #6 — Opposed Commented on the notice sent out, and concerned with noise, traffic, cell tower, down zoning the property by rezoning and will this affect their property. Virginia Steves — 17321 Lookout Rd #3207 — In favor Commented that she lives in the Liberty Pass apartments in Selma. She chose to live there because she wanted an affordable safe place to raise her children in a good school district. Does not think that the residents who would live in the apartments are criminals. Sandra Garza — 17321 Lookout Rd #3112 — In favor Commented that she lives in the Liberty Pass apartments in Selma and this property is the run the same way as the proposed property. She choose there because she wanted to raise her children in a good school district and was a safe place. Liberty Pass is a quiet safe place with no crime. Mary Owen — Management for Limited Apartments in Selma- Opposed Commented that the property is required to do a background check on all residents and cannot have no pass offense and their income must be 2 -1/2 times their income. Lori Reynolds — 760 Hightrail Rd — Opposed Concerned with property value. Dana Eldridge — 2628 Gallant Fox Dr. - Opposed Concerned with traffic, property value. Lindsey Nielsen — 764 Clearbrook Ave — Opposed Concerned with traffic, need more businesses, more strain on the police department, and explained tax credits that apartments can use and resell to unknown investors. Jeff Womack — 2924 Mineral Springs — Opposed Concerned with children and schools over limit. Mr. Richmond called the public hearing closed at 7:33 P.M. Minutes P &Z Meeting June 8, 2016 Page 3 of 6 Mr. Richmond called for discussion by the Planning and Zoning Commissioners on Item 3A. Mr. Evans commented that there should not be discussion by the Commission on this item, because of the request by the applicant to table this item to next Planning and Zoning Commission meeting. City Attorney, Mr. Santee commented that this is a request and at this time the Commission can make a motion to take action on the item or table it to the next Planning and Zoning meeting. Mr. Richmond then asked if there were any comments from the Commissioners on this item. Mr. Braud commented that he was not opposed to Item 3A being tabled to the next meeting. Mr. Evans made a motion to table this item to the next Planning and Zoning Commission meeting on June 22, 2016, and Mr. Glombik seconded the motion. The motion was approved with a vote of 5 -2 with Mr. Crawford and Mr. Greenwald voting nay. The motion carried. B. ZC2016 -003 Hold a public hearing, consider and make a recommendation to City Council about a request rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and IH -35, from General Business (GB) to Planned Development District (PDD). The property is specifically described as 5.929 acres out of the Robert Martin & JNO.F. Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas. Mr. Cox made a presentation on the request to rezone approximately 6 acres of land from General Business to Planned Development District. The proposed zoning consists of a base zoning of Apartment/Multi- Family Residential District (R -4) with a proposed maximum density of 20 units per acre and maximum impervious cover of 65 %. Five (5) public hearing notices were mailed to surrounding property owners on May 27, 2016. The staff received two in favor, eleven opposed, and 255 petition opposed for the rezone and Apartment/Multi- Family Residential District. A presentation was made that consisted of the below information on Item 3A. • Minimum parking ratio will be 2 parking spaces per unit, plus one parking space per every 4 units to accommodate visitor and overflow parking. • Maximum Building height is 40 feet. • Maximum impervious cover is 65% to allow for an increase in landscaping area. • Exterior building materials adjusted to require at least 80% of each wall on outwardly facing buildings and 60% of each wall on interior facing buildings to be finished in brick, stone, faux brick or stone, tile or concrete masonry unit blocks. •, Required shade tree ratio increase from 9 trees per acre to 13 trees per acre. • Perimeter fencing is required to be metal with masonry columns 36 feet on center at the eastern and western borders of the property. The proposed zoning request is not in conformance with the Comprehensive Land Plan which identifies this area as Highway Commercial, which does not allow for apartment/multi- family development. It is the opinion of Staff that this area is appropriately zoned as General Business (GB) which is in conformance with the Highway Commercial designation in the Comprehensive Land Plan. Staff recommends denial of this rezoning request. Minutes P &Z Meeting June 8, 2016 Page 4 of 6 Mr. Richmond called the public hearing to order 7:43 P.M. George Antuna — 3636 Woodlawn Farms — Opposed Concerned with delaying the item 2 more weeks, schools over capacity, and not a good site for this development. John Sullivan— 501 Triple Crown— Opposed Concerned and does not agree on delaying the item to the following meeting. Sherry Howell — 2525 Pillory Pointe — Opposed Concerned with the development being low income but has other concerns as well. The site is originally zoned for commercial and it should not be changed. Mariela Cox — 739 Eagle Glen — Opposed Concern about the lack of day care and overcrowding of schools. Richard Stephens — 2557 Grenada Gait - Opposed Stated that he. was the Belmont Park HOA President. He mentioned that Avanti Canyon did contact the HOA through the management association regarding the proposed project and wanting to meet with the residents and the HOA decided that this is not the right development for this area and that they did not want to meet with the applicant. Concerned with school overcrowding, traffic, and changing rezoning. Doug Jennings — 2501 Hourless Oaks — Opposed Concerned about the developers coming to develop property and not having the best interest of the community in mind. Penny Jennings — 2501 Hourless Oaks — Opposed Requested that the Commission consider keeping the land as commercial. Mr. Richmond called the public hearing closed at 7:52 P.M. Mr. Richmond called for discussion by the Commissioners on Item 3B. Mr. Greenwald motioned to forward a recommendation of disapproval to City Council of ZC2016 -003. Mr. Richmond asked the City Attorney Mr. Santee if they can vote differently on this item than the previous. Mr. Santee confirmed that they could. Mr. Greenwald motioned to forward a recommendation of disapproval to City Council to ZC2016 -003. The motion was seconded by Mr. Crawford. The motion failed with a vote of 2 -5 with Mr. Glombik, Mr. Braud, Mr. Evans, Mr- .Dahle and Mr. Richmond voting nay. Mr. Dahle motioned to table this item to the next meeting on June 22, 2016. Mr. Evans seconded. The vote was 6 -1 with Mr. Greenwald voting nay and all other commissioners voting aye. Motion carried. Minutes P &Z Meeting June 8, 2016 Page 5 of 6 • �. A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. ® Mr. Dahle asked when the next Master Thoroughfare Plan meeting would be? Mr. Cox responded that he will find out and let the Commission know. B. Announcements by Commissioners. None. C. Announcements by City Staff. ® None. S. ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 8:05 P.M. Chairman, Planning and Zoning Commission Minutes P &Z Meeting June 8, 2016 Page 6 of 6 Recording Ci. Seh rtz