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PZ 11-18-2015PLANNING AND ZONING MINUTES November 18, 2015 A Regular Meeting was held by the Planning and Zoning Commission on November 18, 2015 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION CITY STAFF David Richmond, Chairman Brian James, Executive Director Development Ken Greenwald Lesa Wood, Senior Planner Bert Crawford, Jr. Bryce Cox, Planner I Richard Braud Patti White, Executive Asst. Development Michael Dahle COMMISSIONERS ABSENT OTHERS PRESENT Ernie Evans, Vice - Chairman Eric Wilhite, Greenberg Farrow Christian Glombik James McKnight, representative of the Applicant, Brake Check 1. CALL TO ORDER Mr. Richmond called the meeting to order at 8:43 P.M. 2. HEARING OF RESIDENTS • No one spoke. 3. CONSENT AGENDA A. MINUTES FOR THE SPECIAL JOINT AND REGULAR MEETING FOR SEPTEMBER 15, 2015. B. MINUTES FOR THE REGULAR MEETING FOR OCTOBER 28, 2015. Mr. Crawford motioned to approve this item as presented. Mr. Braud seconded the motion. Vote was 5 -0. Motion carried. 4. PUBLIC HEARING A. SUP2015 -002 Hold a public hearing, consider and make a recommendation on a request for a Specific Use Permit to allow a Convenience Store with Gas Pumps at 853 FM 3009. The property is more specifically described as Lot 2, Block 1 of the Schertz 3009 Market Subdivision; City of Schertz, Guadalupe County, Texas; generally located on the corner of FM 3009 and Elbel Road. Ms. Wood presented this item by stating that the Applicant is seeking approval of a Specific Use Permit (SUP) to allow a convenience store with gas pumps again since the original SUP has expired. The associated site plan provided with this packet is the plan approved by City Council on July 22, 2014, to allow a convenience store with gas pumps on this site with conditions. In accordance with the Ordinance 14 -S -35 a building permit was required to be approved within one year of the adoption Minutes P &Z Meeting November 18, 2015 Page 1 of 7 of the Specific Use Permit ordinance. No building permit was approved within one year of the adoption of the ordinance. The SUP expired on July 22, 2015. Seven (7) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 6, 2015. At the time of this staff report one (1) response was received in favor of the request. • Bodaco, Inc., 858 Garden Circle /800 FM 3009 —This would be great for that area. The applicant is requesting a Specific Use Permit to allow a convenience store with gas pumps on approximately 1 acre of land located at 853 FM 3009, and more specifically described as Lot 2, Block 1 of the Schertz 3009 Market Subdivision with associated site plan. The proposed development includes a 1,200 square foot convenience store with twelve (12) gas pumps. The subject property is designed as a pad site adjacent to the Walmart Neighborhood Market which is located at Lot 1, Block 1 of the Schertz 3009 Market Subdivision. Access to the site will be through two (2) shared driveways along FM 3009 and Elbel Road. The subject property is currently zoned General Business (GB). The subject property is adjacent to the proposed Walmart Neighborhood Market located on Lot 1, Block 1 to the South and West; the Bradzoil Ten Minute Change Station to the east across FM 3009; and a 7- Eleven convenience store with gas pumps located on the northeast corner of FM 3009 and Borgfeld Road. This property and all adjacent properties are designated for commercial uses and zoned General Business (GB) or Neighborhood Services (NS). The comprehensive land use plan identifies this area as multi - family residential which is intended for apartment buildings, assisted living facilities and low intensity commercial uses. The proposed convenience store with gas pumps is a land use that is compatible with the existing commercial land uses in the area. The applicant is proposing to construct a 1,200 square foot convenience store with twelve (12) gas pumps (Murphy Express) on the approximately 1 acre tract 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 standards. The building and gas canopy will be constructed of brick, stucco, and EIFS with the front fagade consisting of 35% windows and doors. Additionally, the building complies with the vertical and horizontal articulations on all required walls. • Parking: The site has five (5) parking spaces of which one (1) will be handicap parking which meets the minimum parking standard for the proposed use. • Screening requirements: The site has satisfied the minimum requirements for the location and screening of accessory structures. The ice units and propane tank storage are located on the west side of the property and will be screened by an eight (8) foot masonry wall. Additionally, the trash receptacle will be constructed of masonry with metal gates that meet the minimum 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 seventeen (17) shade trees will be planted along the FM 3009 right -of -way at a ratio of one (1) tree per twenty (20) feet, and one (1) tree per fifty (50) feet along Elbel Road right -of -way. Five (5) additional shade trees will be planted along Minutes P &Z Meeting November 18, 2015 Page 2 of 7 the south and west property lines. Shrub screening will be planted adjacent to all vehicle use areas. 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 shared driveways, one on Elbel Road and the other on FM 3009. Thirty (30) foot wide drive isles with twenty four (24) foot fire lanes have been provided to allow for two way traffic and emergency vehicle access. The shared driveway on FM 3009, shown on the site plan sheet SP -1, has not yet received TxDOT approval. The applicant is working with the adjacent Lot 1, Blockl and TxDOT to design the shared driveway on FM 3009 to ensure adequate safety and access for the large fuel trucks. Staff recommends approval of the Specific Use Permit to allow a Convenience Store with gas pumps conditioned upon the following occurring: a) A building permit has been approved within one year of the adoption of the SUP ordinance; and b) The use has begun operation within two years of the issuance of the necessary building permit. c) Issuance of a TxDOT driveway permit for the shared driveway on FM 3009 shown on the site plan sheet SP -1. Mr. Richmond opened the Public Hearing at 8:50 P.M. • Mr. Eric Wilhite, Greenberg Farrow, representing the Applicant stated that the previous approved SUP expired while they were developing this property along with Walmart. Once they found out the Walmart plans were put on hold, the seller of the property had to rework the infrastructure with Walmart so that Murphy Oil could continue its plans to develop the site. • Robert Brockman, 1000 Elbel Road, spoke on the sidewalks being taken into consideration. Ms. Wood stated that the sidewalk is constructed with the development, and it would be a 5 -foot width unless TxDOT's 6 -foot sidewalk project has begun. Mr. Richmond closed the Public Hearing at 8:54 P.M. Mr. Crawford stated that when this was originally brought to the Commission it was Walmart and Murphy Oil, and now we are being told that it's a different set up today with Murphy going first. Ms. Wood stated that it's the same application, and Murphy and Walmart are working on the SUP agreement with conditions recommended by Staff. Mr. Dahle motioned to recommend to City Council to approve this item as presented with conditions as provided. Mr. Greenwald seconded the motion. Vote was 5 -0. Motion carried. 5. INDIVIDUAL CONSIDERATION A. ZC2015 -007 Discussion 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 I11-35, and from approximately Minutes P &Z Meeting November 18, 2015 Page 3 of 7 0.1566 acres of land zoned Manufactured Home Subdivision District (MHS) located at 5317 Cabana Drive. (Public hearing was held October 28, 2015) 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 repairs & service, minor facility. The property is located at 5317 Cabana Drive and 17160 IH -35. The site has an existing restaurant and parking lot. The required public hearing for this item was held by the Planning and Zoning Commission on October 28, 2015 where four (4) of the seven (7) Planning and Zoning members were present. After the public hearing was closed, Commissioners, staff and the applicant continued discussion related to land uses allowed in the General Business (GB) zoning district; zoning along 11135 from the subject property to Schertz Parkway; possible impacts on Mobile Villa Estates Subdivision; setbacks, landscaping and buffering requirements and parking. 5317 Cabana Drive is currently platted and 17160 IH -35 is not platted. Mr. Braud motioned to recommend approval to City Council on this item as presented. Mr. Crawford seconded the motion. The vote was 3 to 1 with Mr. Richmond voting nay. In accordance with Ordinance 09 -S -48 referred to as the Planning and Zoning Commission By -Laws "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 ". The By -Laws require continuing the application to the next regular meeting. Mr. Braud motioned to continue the application to the next regular meeting and Mr. Crawford seconded the motion. Vote was unanimous. 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 staff report a total of five (5) responses have been received; three (3) responses in favor of the request (one being from the subject property owner); one (1) response neutral to the request and one (1) response opposed to the request. Comments received on the notice of the public hearing reply form from property owners in the notice area are as follows: • Tim Brown, 17156 IH 35 (opposed) —Not crazy about auto repair. Comments received at the October 28, 2015 public hearing are as follows: • Tim Brown, Remax Corridor, 17156 11135 N, asked if anyone has addressed drainage on Cabana Drive. Ms. Wood responded that drainage is not reviewed with a zoning application and is reviewed with a site plan application. • Mark Roberts; 4300 Spanish Oak, stated that this is another of those requests to look at from a zoning perspective and doesn't fit. 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. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. Minutes P &Z Meeting November 18, 2015 Page 4 of 7 Impact of Public Facilities /Services: The proposed rezoning request will have no 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 both commercial and single family residential land uses. More intense commercial uses allowed in the General Business District have the potential to have a negative impact on the adjoining residential neighborhood. 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 Repairs & Service, Minor Facility. The property at 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'/2 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 notice 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 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. Mr. McKnight, representing the Buyer of the property, Brake Check, stated that they are proposing a Brake Check with four bays. He also stated that NS is around larger neighborhoods and is a buffer zone and these are the only four lots near I35 that are zoned for NS; however, the UDC gives other choices on how to handle commercial near residential including setbacks and landscaping requirements. Also, Mr. Brown has signed his support for the project. Mr. Dahle asked if parking is going to be allowed on the street. Ms. Wood explained that the applicant would be required to provide adequate parking on the site, however the streets are public space and the City does not currently prohibit parking on this street. Ms. Wood commented that if on street parking became a problem the issue could be sent to TSAC for evaluation. Mr. Dahle asked if there would be masonry screening on the back of the property. Ms. Wood indicated that screening would be required between the commercial and residential properties and identified the area on the Minutes P &Z Meeting November 18, 2015 Page 5 of 7 map. Ms. Wood commented that at the last meeting Mr. Braud requested information on the surrounding GB zoned properties and provided an exhibit identifying those areas designations as GB on a map. Mr. Richmond stated that he voted nay at the last meeting because of his concern with property fronting residential zoning. He still is not sure if the residents know the difference between NS and GB zoning, and they understand the possible GB uses allowable on the lot. Mr. Dahle asked what the current screening or buffer is near Lowe's. Ms. Wood stated that there is a wall, but it's not masonry, and she believes it was installed by Lowe's. Mr. Greenwald motioned to forward a recommendation of approval to City Council for this item as presented. Mr. Crawford seconded the motion. Vote was 4 -1 with Mr. Richmond voting nay. Motion carried. DISCUSSION A. Discussion on building code amendments regarding sheds and fences. Mr. James stated that when we went to both Planning and Zoning Commission and City Council we struggled with certain requirements such as sheds under a certain size and fencing. We heard that the process is too cumbersome, residents get frustrated, and the City is hard to work with. Mr. James wanted to talk about a couple of issues which might be open to compromise. He stated that if the Commission is not comfortable with a replacement fence, we could say that it's a certain number of panels without a permit or one side of the fence, and we could put in a provision to use the same post hole on the fence. Mr. James stated that if a shed is on a concrete pad you have to pull a permit for the concrete work, but if you buy a prefabricated shell and it could be moved, then you wouldn't need a pen-nit; the challenge is to educate folks. Mr. Dahle stated that we have to draw the line between micromanaging and having the wild wild west; we could possibly look at if it's over 50% of the fence, then you need the permit, but the sheds would need to be careful even without a concrete pad so movable vs non - movable. Mr. Richmond stated that he could go along with Mr. Dahle's suggestion on fences, but large sheds are construction and should require a permit. Mr. James stated that Staff could come up with definitions, but if the Commission does not to go forward then it might be a waste of time. Discussion continued between the Commission and Mr. James. Mr. James concluded the discussion by stating that Staff would create options and definitions and bring this information to the next Planning and Zoning meeting for action to see if we could find a consensus. Mr. James stated that a copy of the City Council discussion could be included for the Commission. 7.. REQUESTS AND ANNOUNCEMENTS A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. Minutes P &Z Meeting November 18, 2015 Page 6 of 7 • Mr. Dahle asked if there is any timing for the JLUS. Mr. James stated that there is a series of strategies, and they are going to go through those to prioritize. They want to show progress on some of the easy ones, and the biggest priority is the Land Use recommendations south of the runway. Ms. Wood stated that there are time lines they are projecting also. B. Announcements by Commissioners. • None. C. Announcements by City Staff. 1. Ms. Wood will hand out the press release from TxDOT if anyone wants a copy. 2. Ms. Wood stated that there will be a tentative special meeting on December 9, 2015 and the regular meeting will be on December 16, 2015. 3. Ms. Wood also stated that Ms. White is retiring effective November 30, 2015 and would like to wish her well. 8. ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 10:05 P.M. Chairman, Planning and Zoning Commission Minutes P &Z Meeting November 18, 2015 Page 7 of 7 -N 1 Recording Secretary, City of Schertz