Loading...
P Z 1-10-18 MinutesJanuary 10, 2018 The Schertz Planning and Zoning Commission convened on January 10, 2018 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION Michael Dahle, Chairman Richard Brand Glen Outlaw Gordon Rae Ken Greenwald COMMISSIONERS ABSENT Ernie Evans, Vice Chairman CITY STAFF Brian James, Executive Director Lesa Wood, Director of Planning & Community Del. Tiffany Danhof, Executive Administrative Assistant Bryce Cox, Senior Planner Emily Grobe, Planner Daniel Santee, City Attorney OTHERS PRESENT Brian Beek Ford Engineering Inc. Nicole Marie Sharp CDS Muery Mr. Dahle called the meeting to order at 6:48 P.M. Ted Duigon - 1112 Antler Dr. — Expressed concerns regarding drainage and traffic issues associated with Agenda Item 4-A, particularly water running down Antler Drive, and concerns about . Bill Sommers -1016 Antler Dr.- Expressed concerns with drainage/flooding associated with Agenda Item 4-A. Mr. Sommers commented about how the rezone could be spot zoning, and that he has seen a significant amount of changes along FM 3009. Mary Hammond -1213 Fawn Dr. — Provided comments related to Agenda Item 4-A. Read a letter for a resident at 1208 Fawn Dr. that was not able to come to the meeting. The letter indicated concerns with traffic associated with the proposed project, building height, fencing, lighting, and runoff that could be created by the project. Ms. Hammond indicated she had similar concerns to what was stated in the letter and provided photographs and commented on potential flooding concerns. Barbara Mansfield Gonzales - 1012 Antler Dr. — Provided comments related to Agenda Item 4-A. Expressed concerns about traffic associated with the proposed project. Expressed a desire for less intense operations for the site. Sonya and David Jenkins - 1013 Antler Dr. — Provided comments related to Agenda Item 4-A. Expressed concerns about increased traffic associated with the proposed project. Minutes Planning and Zoning Commission Januaiy 10, 2018 Page 1 of 6 A. Minutes for the December i3,2UI7regular meeting Mr.Dohle indicated there are some typos in the minutes on misspelling his name bz two sections, 4C and 4l} that need tobecorrected. Mr. Outlaw motioned to approve the consent agenda item with corrections tubo made inthe minutes. Mr. Greenwald seconded the motion. The vote was 5-0° motion carried. A. ZC20 Hold upublic hearing, consider and make o recommendation to City Council 000 proposal Lo rezone approximately 2 uomo of land from Single-Family Residential District (R-l) to Neighborhood Services District (NS) located oou1bouot of the iotnrmoodno of Fawn Drive and FK83009. Ms. Grzrbo gave a presentation to the commissioners regarding y request tV consider and make urecommendation to City Council onuproposal to rezone approximately 2 acres ofland from Single-Family Residential District (R-1) to Neighborhood Services District (NS). Ms. Grobe described the project oiteoondi6ouu,ouoouodbzQyroportienao6zouiugofaJiuuootpropertieo. Ms. Grobo also summarized the Comprehensive Land Use Plan, Future Land Use Map and designation o[ the site and surrounding properties, Ms. (robc indicated a1 the time of the presentation staff received 16 responses in opposition, of which 5 opposed were within the 2O0~fbot notice buffer, One response was received that expressed being in-favor ofthe proposed zone change. The City received opposition for over 3D%of the surrounding area, thus it will require o three-quarter vote of approval for the zone change tobeapproved by City Council. Ms. Grnbo mentioned that the site and surrounding properties are currently zoned R-1. The Comprehensive Land Use Plan designation of the property and surrounding propel ties is single-family res deni ul. Mo. {robe stated that the proposed rezone is not the most appropriate zoning district and described concerns with the proposed Neighborhood Services district and concerns with a commercial business taking access off Fawn Drive. Mu.Gz0be also mentioned that the subject site, should it be zoned Neighborhood Services, would be required Lo provide screening and buffering fiom the existing residential uses that are adjacent to the site. Ms. Grobe commented that staff feels Neighborhood Services District is not the most appropriate ut czn ulu for this property. Staff recommended d oz iul f the proposed rezoning. Mark Hill, Ford Engineering, requested that the Commission table Agenda Item 4Auntil February 14, 2018 to allow more time to notify staff and the public on uses proposed for the Mr. Dahle opened the Public Hearing at 7:20 P.M. Ikn Morgan -|l|6 Fawn Dr. — Expressed concerns with drainage, access from FM3 009, noise, and traffic issues. Minutes Planning and Zoning Commission January l0,20l8 Page 2v[6 Bill Sommers -1016 Antler Dr. — Had questions regarding the request to table Agenda Item 4- A, and requested clarification on what happens if the Commissioners table the item. Steven Phillips- 1120 Fawn Dr. — Expressed concern with existing traffic issues and additional traffic that could be generated with the proposed project. Frank Morales - 1109 Antler Dr. — Expressed concerns with traffic issues, neighbors safety, and parking along roadways. Richard Cervantes — 1016 Fawn Dr. — Concerned on changing the dramatics of the neighborhood. Brian Beek —1004 Antler Dr. — In favor for the rezoning and is the owner of the subject property. Mr. Beck explained the reasoning for requesting for the rezoning for the purpose of establishing an office and/or professional building. He indicated that it is not his intent to establish a more intense use at the site. Mr. Beck indicated that it is not his intent to establish a high traffic generating use. Barbra Penaloza - 920 Fawn Dr. — Indicated she and some of the neighbors needed more clarification on the signage on the proposed property. Jennifer Graves- 913 Fawn Dr. — Concerned with drainage issues and having a commercial property so close to a residential area. Mr. Dahle closed the public hearing at 7:37 P.M. The Commissioners and Staff had a discussion regarding granting the request on tabling the Agenda 4-A, and the requirements to proceed with tabling the item. Mr. Outlaw motioned to g rant the request to table the item, ZC2017-016, to February 28, 2018, to include republication of a public hearing notice and conduct a public hearing at the next meeting. Mr. Greenwald seconded the motion. The vote was 5-0, motion carried. B. ZC2017-020 Hold a public hearing, consider and make a recommendation to City Council on a proposal to zone approximately 7 acres of land to Single-Family Residential District -1 (R-1) located approximately 3000 feet southeast of the intersection of Homestead Parkway and Somervell Mr. Cox gave a presentation to the commissioners regarding a recommendation to City Council on a proposal to zone approximately 7 acres of land to Single-Family Residential District (R-1). Mr. Cox described the general location, current zoning of surrounding properties, and the compressive land use plan designation as Single Family. Mr. Cox explained that the zoning is a City initiated zone change as a result of bringing the land into the City limit with the boundary adjustment between the City of Scheitz and City of Cibolo. The City limit lines are being adjusted to align with the right of way, Staff recommended approval of the proposed zoning to Single-Family Residential District (R-1). Minutes Planning and Zoning Commission January 10, 2018 Page 3 of 6 Mr. Dahle opened the Public Hearing at 7:48 P.M. Lee Novikoff­ 390 Scenic Hill Ln. — Requested clarification on the zone case so that he has a good understanding of what is occurring. Mr. Dahle closed the public hearing at 7:49 P.M. Mr. Cox responded to Mr. Novikoffs request for more information by providing a brief summary about the Homestead subdivision and previous activities that occurred related to the Homestead development. Mr. Cox explained why the R -1 zone district is proposed by the City for the assigned zoning of the new land being added into the City's corporate limits. Mr. Braud motioned to forward a recommendation of approval of ZC2017-020 to City Council. Mr. Rae seconded the motion. The vote was 5-0, motion carried. A. WA2017-009 On-site Sewage Facility associated with PC2017-052 Consider and act upon a request for approval of a waiver regarding on-site sewage facilities for Lot I of the Sharp Subdivision, an approximately I acre tract of land located at 2233 Den-Ott Hill, City of Schertz, Guadalupe County. Mr. Cox gave a presentation to the commissioners regarding a request for approval of a waiver for on-site sewage facilities for an approximate I acre tract of land located at 2233 Den-Ott Hill, City of Schertz, Guadalupe County. Mr. Cox explained the existing conditions, including issuance of building permits in the past for the existing home at the subject site. TvIr. Dahle had a question on when the house was originally built. Mr. Cox informed the Commission that the home was built in 2006 and was appropriately permitted. Mr. Cox explained that around 2014, the Unified Development Code changed the requirements related to legal lot of records and the current Code requirement for a recorded plat. Staff and the Commission had more discussion regarding permitting on new construction and reasoning for the request. Mr. Outlaw motioned to approve WA2017-009. Mr. Greenwald seconded the motion. The vote was 5-0, motion carried. B. PC2017-052 Sharp Subdivision — Preliminary Plat Consider and act upon a request for approval of a preliminary plat for Lot 1, of the Sharp Subdivision, an approximately I acre tract of land located at 2233 Den-Ott Hill, City of Schertz, Guadalupe County Mr. Cox gave a presentation to the Commission regarding a request for approval of a preliminary plat for Lot 1, of the Sharp Subdivision, an approximately I acre tract of land located at 2233 Den-Ott Hill, City of Schertz, Guadalupe County. Mr. Cox discussed the existing access constraints of the property and indicated that due to the existing home not currently having two points of access, a waiver to access is requested as part of the plat. Staff recommended approval of the plat with the access waiver. Minutes Planning and Zoning Commission January 10, 2018 Page 4 of 6 Nh-. Greenwald motioned to approve PC2017-052. Mr. Rae seconded the motion. The vote was 5-0, motion carried. A. Discussion regarding a proposed Unified Development Code update for Tree Preservation Mitigation /Exempted Trees Mr. Cox suggested that the Commission open the item for public hearing so that the workshop/discussion could be conducted as part of the public hearing for the proposed UDC updates. Mr. Dahle opened the Public Hearing at 8:05 P.M. Mr. Cox discussed the background of the Tree Preservation / Mitigation / Exempted Trees UDC language. Mr. Cox also discussed how these codes are currently being interpreted by Planning staff and went over the proposed UDC updates to further clarify preservation and mitigation requirements, and introduce the ability for waivers to be requested. Mr. Cox explained that some of the proposed changes are due to recent state law updates in regards to tree preservation and mitigation to ensure that the City's code complies with state law and current best practices. Mr. Cox indicated that staff will present the proposed UDC Change for review and recommendation at the January 24'h Planning and Zoning meeting. The Commissioners and Staff had a discussion regarding updating the Tree Ordinance, Some changes discussed during the workshop included: • Introducing the term "class" to clarify classification of trees as protected class or heritage class based on tree size. • Changing how diameter at breast height is measured to be consistent with state law and arborist societies. • Changing the exemptions section to allow for exemptions from the requirement to preserve, mitigate, and permit for certain situations. • Specifying exemption to specifically state protected class and/or heritage class trees. • Deleted text regarding mitigation of all heritage trees in Subsection 21.9.9.13.4 because it was no longer consistent with other provisions. • Revising language so that the 25% preservation requirement only applies for Protected Class and Heritage Class trees, and a waiver could be requested. • Changed requirement for replacement trees from 3 inches to 2.5 inches to be consistent with the tree planting requirements. • Changes to language regarding oak wilt will be presented at the next meeting. • Language regarding tree preservation credits that are applied toward new tree planting requirements. • Tree removal permit section was modified to remove some of the criteria for approval since the tree removal permit is typically a function of another type of permit, such as a clearing and grading permit. • New waiver section that includes criteria for evaluating waiver requests. John Sullivan- 513 Triple Crown — Inquired about whether the proposed changes to the City's tree preservation Code section would comply with the Tree City USA if the City were to apply Minutes Planning and Zoning Commission January 10, 2018 Page 5 of 6 for it. Mr. Sullivan asked for clarification on how adding heritage trees to the exemptions for trees in the right-of-way. Expressed surprise that Ash Junipers are on the undesirable list, and proposed changing the word reasonable to a stronger word. Mr. Cox responded to the commission's comments regarding roadway classifications and why the language regarding trees within right of ways does not specify roadway classifications. Michelle Bammel- 6695 Tri-County Pkwy - Thanked staff for looking into proposing amendments to the UDC requirements related to tree preservations and had a couple questions about the length of time this proposal could take. Mr. Dahle Closed the Public Hearing at 9:04 P.M. A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. No commissioners spoke. B. Announcements by Commissioners. City and community events attended and to be attended Continuing education events attended and to be attended Mr. Dahle indicated they had their sub-committee meeting on the by-laws and will meet again prior to the February 14, 2018 Planning & Zoning meeting. At that time Mr. Dahle should be able to bring something to share with the commission. C. Announcements by City Staff. City and community events attended and to be attended. NEW SITE PLAN APPLICATIONS: The following site plan was submitted to the Planning and Zoning Department between December 8, 2017 and January 5, 2018. 1. NE Comer of Trainer Hale & 1H 10 Site Plan- proposed 23,319 square foot truck stop with convenience store Ms. Grobe presented the new submitted site plan for a proposed truck stop and gave the commissioners a brief description of the proposed site plan. The meeting adjourned at 9:06 P.M. Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission January 10, 2018 Page 6 of 6 Recordi ci)tary, City Of