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P Z 9-12-18 MinutesSeptember, 12 2018 The Schertz Planning and Zoning Commission convened on September 12, 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 Ernie Evans, Vice Chairman Richard Brand Ken Greenwald Glen Outlaw Gordon Rae CITY STAFF Brian James, Acting City Manger Lesa Wood, Director of Planning &Community Dev. Tiffany Danhof, Executive Assistant Bryce Cox, Senior Planner Emily Grobe, Planner Nick Koplyay, Planner Daniel Santee, City Attorney COMMISSIONERS ABSENT OTHERS PRESENT LaDonna Bacon Ashley Farrimond, Kaufman Killen Keith Wooley, Urban Civil Gary Hill, Gary Hill Engineering Burt Wellman, KFW Engineers 1. CALL TO ORDER: Mr. Dahle called the meeting to order at 6:01 P.M. 2. HEARING OF RESIDENTS: Jim Dodson- 11713 Cypress Barn- item ZC201,8-005, location FM1518 and West Schaefer Road. He indicated concerns on traffic, lighting, and mentioned that infrastructure needs to be improved first at that corridor instead of development. A. Minutes for the August 22, 2018 regular meetings. Mr. Dahle indicated an error on item 5A Minutes August 22, 2018; Mr. Bacon should be corrected to Mrs. Bacon. No motion or second was provided for the August 22, 2018 regular minutes. A vote was held; the vote was 5-1 with 1\4r. Evans as the nay vote. B. PC2016-016 EXT Consider and act upon a request for approval of a time extension for the final plat of Rhine Valley Subdivision Unit 2, an approximately 16 acre tract, consisting of 70 single family residential lots, generally located on Lower Seguin Road 3,000 feet east of the intersection of Lower Seguin Road and FM 1518. Commissioner Brand pulled PC2018-016 EXT to be reviewed separately, and had a question regarding the utility conflicts. Mr. Cox explained what the conflicts were on infrastructure and Minutes Planning and Zoning Commission September 12, 2018 Page 1 of 6 introduced Mr. Wellman the project manager engineer for information. Mr. Wellman indicated that the two conflicts on Lower Seguin Road were due to road widening in conjunction with the construction requirements to improve Lower Seguin Road, moving an AT&T pedestal, and relocating a utility pole. Mr. Braud motioned to approve PC2016-016 EXT. Mr. Greenwald seconded the motion. The vote was 6-0, motion carried. A. ZC2018-005 Hold a public hearing, consider and make a recommendation to City Council on a request to rezone approximately 1.8 acres of land, located northwest of the intersection of FM 1518 and West Schaefer Road, from Single-Family Residential / Agricultural District (R-A) and General Business District (GB) to Neighborhood Services (NS). Ms. Grobe gave a presentation on the request to rezone approximately 1.8 acres of land located northwest of intersection of FM 1518 and West Schaefer Road from General Business District and Single-Family Residential / Agricultural District to Neighborhood Services. She indicated that 14 public hearing notices were sent out on August 30th, 2018, and at the time of the presentation staff had received 21 opposition responses, 4 being within the original notification buffer that received letters. She described the adjacent properties' zoning district and land use. Ms. Grobe explained that rezoning the property from General Business to Neighborhood Services would change the property's permitted uses. Ms. Grobe indicated that Staff recommended approval of the proposed rezoning as submitted. Ashley Farrimond, with Kaufman Killen- She indicated that she does not have a formal presentation, but is happy to answer any questions regarding infrastructure. She mentioned that this site is appropriate for a Dollar General. Regarding traffic concerns, she explained there would be a dedication of right away for FM 1518, and some improvement to that hard corner to help with the service trucks to service the Dollar General. Mr. Dahle opened the public hearing at 6:14 P.M. Denise Torres- 11705 Cypress Barn- She indicated that there are already two other Dollar Generals within Scheitz city limits, and 16 total Dollar Generals within a 10 mile radius. She mentioned that she, along with her fellow neighbors, is concerned with traffic, infrastructure, and litter. Jim Dodson- 11713 Cypress Barn- He indicated his concerns with increased crime. Mr. Dodson had questions regarding security safe guards, hours of operation, service truck loading locations, and the height/material of the walls that will separate the facility from the surrounding properties. Ron Spamily -Owner of Texas Heritage Children Ranch - He was concerned with the Dollar General being so close to his child care facility, and he had questions regarding the location of the 8 foot masonry wall. Mr. Dahle closed the public hearing at 6:20 P.M. Minutes Planning and Zoning Commission September 12, 2018 Page 2 of 6 Mr. Outlaw clarified that this is a zoning case and not about the proposed buisness. Mr. Greenwald had a question regarding what will be done with the other part of the property that is not being presented to commissioners. Ms. Grobe explained the masomy wall and landscape requirements, which are outlined by the city's design standards. Ashley Farrimond, from Kaufman Killen, explained the outdoor lighting, camera placement, truck delivery schedule, and hours of operation. Mr. Greenwald indicated TxDOT owns FM 1518, and the City of Schertz is working with TxDOT to have road improvements. Mr. Outlaw had a question on the quantity of opposed public notices that staff received. Ms. Grobe indicated that staff received 21 opposition, 0 favorable, and 0 neutral public notices. She also explained that the super majority required by state law only accounts for votes within the 200 foot notice. She indicated she did the calculations prior to the meeting and only five percent came from within that buffer. Mr. Dahle commented that this is a rezoning case and the Commission is not voting on the proposed business. As a resident of the area surrounding the proposed rezoning, he had concerns regarding the Dollar General's outside fagade, and hopes to see a better designed facade if the proposed project is approved. Mr. Outlaw indicated the location in question has multiple General Business Districts, and reiterated the property's various possible uses given its current zoning. He explained that a proposed project could come in for something worse than the proposed Dollar General. Mr. Dahle indicated that Neighborhood Services is better suited for the specific location, and the rezoning of the property could eliminate most uses that would be considered undesirable. Mr. Braud asked why the Commission is being presented with the proposed use if they are only voting on the potential rezoning of the property. Mr. Braud indicated that he believes a Dollar General is not suitable for the proposed location, however, he is in agreement that Neighborhood Services is the zoning category best suited for this location. Mr. Braud indicated to the public that the residents in Willow Grove Subdivision are surrounded by General Business, and if the residents want to take action they need to study the UDC to figure out what should be done to help out staff with this concern. Mr, Dahle requested that Commissioners justify their vote if they choose to deny since they are recommending a decision to City Council. Mr. Greenwald stated denial and his reason was that he prefers the proposed property not be split into sections. Mr. Brand stated denial and his reason was the same as Mr. Greenwald. Minutes Planning and Zoning Commission September 12, 2018 Page 3 of 6 Mr. Greenwald recommended denial to City Council on ZC2018-005. Mr. Brand seconded the motion, the vote was 4-2; Commissioners Outlaw and Dahle with a Nay. B. ZC2018-004 Hold a public hearing, consider and make a recommendation on an amendment of Part 111, Scheitz Codes of Ordinances, Unified Development Code (UDC), to Article 8 Special Uses and General Regulations, Subsection 21.8.2 Accessory Buildings, Uses and Structures associated Code of Ordinance amendment ***Tabled at the August 22, 2018 Planning & Zoning Commission Meeting*** Mr. Greenwald motioned to remove off the table on agenda item ZC2018-004. Mr. Rae seconded the motion, the vote was 6-0; motion carried. Staff requested this item be tabled to a future meeting. Mr. Dahle opened the public hearing at 6:37 P.M. No resident spoke. Tvh-. Dahle closed the public hearing at 6:38 P.M. Mr. Greenwald motioned to table the agenda item ZC2018-004. Mr. Rae seconded the motion, the vote was 6-0; motion carried. 5. ITEMS FOR INDIVIDUAL CONSIDERTION: A. WA2018-005 Consider and act upon a request for approval of a waiver regarding on-site sewage facilities for the Lizeano Estates Subdivision, an approximately 10 acre tract of land located at the northeast comer of the intersection of Ware Seguin Road and Ware Seguin Road, more specifically described as 11917 Ware Seguin Road, City of Scheitz, Bexar County. Ms. Grobe gave a presentation for a waiver request regarding on-site sewer facilities for Lizeano Estates Subdivision. Ms. Grobe indicated Staff recommended approval of the wavier based on the distance to sewer connections. Commissioners and Staff had a discussion on the separation of the property into 4 individual lots that will have their own septic system, water table, and the potential discounts available for future connection to the City's main sewer line once it becomes available. Mr. Outlaw motioned to approve WA2018-005. Mr. Braud seconded the motion. The vote was 4-2 with Commissioner Evans and Greenwald with the Nay, motion carried. B. PC2018-031 Consider and act upon a request for approval of a preliminary plat of the Lizeano Estates Subdivision, an approximately 10 acre tract of land located at the northeast comer of the intersection of Ware Seguin Road and Ware Seguin Road, more specifically described as 11917 Ware Seguin Road, City of Schertz, Bexar County. Minutes Planning and Zoning Commission September 12, 2018 Page 4 of 6 Ms. Grobe gave a presentation on the request for approval of a preliminary plat of the Lizcano Estates Subdivision. Ms. Grobe indicated Staff recommended approval of the preliminary plat. Mr. Dahle commented that he was in agreement with only having one point of access for the four lots. Mr. Outlaw motioned to approve PC2018-03 1. Mr. Rae seconded the motion. The vote was 6- 0, motion carried. C. WA2018-007 Consider and act upon a request for approval of a waiver regarding on-site sewage facilities for the Guastafierro Subdivision, an approximately 5 acre tract of land located at 6197 Pfeil Road, City of Schertz, Bexar County. Ms. Grobe gave a presentation on a request for approval of a wavier regarding on-site facilities for Guastafierro Subdivision. Ms. Grobe indicated Staff recommended approval of the wavier based on the distance to sewer connections. Mr. Brand motioned to approve WA2018-007. Mr. Outlaw seconded the motion. The vote was 6-0, motion carried. D. PC2018-030 Consider and act upon a request for approval of a preliminary plat of the Guastafierro Subdivision, an approximately 5 acre tract of land located at 6197 Pfeil Road, City of Schertz, Bexar County. Ms. Grobe gave a presentation on a request for approval of preliminary plat of the Guastafierro Subdivision. Ms. Grobe indicated Staff recommended approval of the preliminary plat. Mr. Brand had a question on whether there is an existing easement for SARA on this proposed preliminary plat. Ms. Grobe indicated that there is not an easement and explained that there's a 14 foot electric, gas, telephone, cable TV easement, but there is not an easement for SARA. She noted that the plat includes standard notes since it is within their service area. Mr. Outlaw indicated that the wastewater lines typically go down the center of the roadway, and after looking at the map he noted the proposed property is a far distance from an available sewer connection. Mr. Outlaw motioned to approve PC2018-030. Mr. Rae seconded the motion. The vote was 6- 0, motion carried. 6. WORKSHOP / DISCUSSION: A. Workshop / Discussion and possible action on the proposed Planning & Zoning Commission Bi-Laws Mr. James gave a small explanation on the drafted Planning and Zoning Bylaws and asked the Commissioners if they had any questions or corrections on the drafted Bylaws. Minutes Planning and Zoning Commission September 12, 2018 Page 5 of 6 Mr. Dahle requested a correction on section 3A, changing the meeting day from Tuesday to Wednesday. Mr. Outlaw asked to discuss section 17 in regards to differentiating between abstentions and nay votes. Daniel Santee, City Attorney, and Mr. James clarified that it's generally a case law issue and it's located in the local government code. Mr. Greenwald motioned to recommend the approval of proposed workshop/discussion with City Council. Mr. Braud seconded the motion. The vote was 6-0, motion carried. 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 No Commissioners spoke. 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 August 17, 2018 and September 7, 2018. 1. 7431 FM 3009 / Southeastern Freight Lines Amending Site Plan- 783 square feet dock expansion to the existing Southeastern Freight Lines; amendment to add in phasing lines for the portion to be completed at this time Monthly Financial Reports for July and August with administratively approved plats Mr. Cox introduced Staffs new employee Nick Koplyay, Planner. The me ing , adjourned at 709P.M. A Chairman, Planning and Zoning Coffiiiiission Minutes Planning and Zoning Commission September 12, 2018 Page 6 of 6 Recordm,yeo�iary, 5Schertz