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04-26-2005 PLANNING AND ZONING MINUTES APRIL 26, 2005 . The Schertz Planning and Zoning Commission convened on April 26, 2005 at 6:30 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chainnan Ernie Evans, Vice Chairman Keith Van Dine, Secretary Clovis Haddock Roberta Tutschke Ken Greenwald, ex-officio CITY STAFF Leonard Truitt, Building Official Jonette Ellis, Planning Technician Amy Madison, Community Development Director COMMISSIONERS ABSENT Gary Wallace William Sommers OTHERS PRESENT Robert Brockman, 1000 Elbel Road Dennis Fournier, 5013 Castle Hill JeffT. Schultz, 5017 Castle Hill Jennifer Fournier, 5013 Castle Hill Ian Cude, Cude Engineering Russell Graham, 3701 Hill Side Mary Graham, 3701 Hill Side 1. Call to Order/Roll Call . Chairman Richmond called the meeting to order at 6:30 p.m. and opened the meeting for a public hearing. PUBLIC HEARINGS 2. ZC2005-018 Public Hearing to rezone 26.385:t acres ofland out ofthe Genobra Malpaz Survey No. 67, Abstract No. 221, in the City of Schertz, Guadalupe County, Texas from Apartment/Multi-Family Dwelling District-4 (R-4) to General Business (GB). The property is located at the northwest corner of FM 78 and FM 3009. Applicant: City of Schertz Mr. Truitt reviewed staff comments and stated that the Planning and Zoning Commission requested this parcel ofland be rezoned due to the property not being suited for apartment/residential development. The Planning and Zoning Commission had attempted to rezone the property at their February 10,2004 meeting, but tabled the request due to the owner stating that a contract was pending on the property. It was the City's understanding that the contract expired December of 2004. Twelve notices were mailed. The Planning Department received one phone call in favor of the request. Mr. Brockman inquired where the property was, and staff pointed out the location. There was no one else to speak for or against the request. 3. ZC2005-017 Public Hearing to rezone 61.295:t acres from Pre-Development District (PD), General Business District (GB), and Apartment/Multi-Family Residential District-4 (R-4) to Single-Family Residential District-7 (R-7). The tract is situated in the Rafael Garza Survey No. 98, Abstract No. 138, partially in Comal County, Texas and Guadalupe County, Texas. The property is located at the northeast corner ofFM 1103 and Chelsea Drive. Applicant: JMLG Holdings, Ltd. (Carlos Sandoval) . Minutes Planning and Zoning Commission April 26, 2005 Page I of5 . . . Mr. Truitt reviewed staff comments and stated that the applicant is requesting to zone 61.295::1:: acres from PD, GB, and R-4 to R-7 to allow for the development of a proposed residential subdivision. Twenty-nine letters were sent out with only one citizen response by email (Mr. and Mrs. Eppel) asking for clarification on the location of the parcel. The citizens did not state if they were in favor or opposed. He noted that City Council will be holding their public hearing on May 3,2005 and the final reading of the ordinance is scheduled for the May 17, 2005 agenda, if approved. Mr. Fournier stated that he was in favor of the request. He said that the property would be better developed for single- family homes versus apartments. Mr. Schultz stated that multi-family development would create additional crime and would support the change in zoning for single-family development. Ms. Fournier stated that she was in favor of the request and inquired when development would start. Chairman Richmond stated that would be up to the developer. There was no one else to speak for or against the request. 4. ZC2005-016 Public Hearing to amend Article III (Zoning Districts and Map), Article IV, Section 5 (Permissible Uses- Land Uses), Article VI, Section 7 and Table VI-A and B (Density & Dimensions) ofthe Unified Development Code to add General Business District-2 (GB-2). Applicant: City of Schertz Ms. Ellis reviewed with the Commission the changes in the permissible use chart, and stated that it was still a work in progress. Staff had called for the public hearing, but asked the Commission to table the item to be able to continue to work on the use chart. Mr. Brockman inquired about the General Business-2 (GB-2) District, and Ms. Ellis explained that it was a combined mix of General Business (GB) and Manufacturing Light (M-l) intended to be used along the thoroughfares to be a buffer for M -1 development. There being no one else to speak for or against the request, Chairman Richmond closed the public hearings. 5. Reconvene into Regular Session Chairman Richmond reconvened the meeting in Regular Session at 6:42 p.m. 6. Citizen Input other than Agenda Items There was no one present to speak. 7. Board of Adjustment Actions: Mr. Richmond stated that the Board of Adjustment would meet on May 2, 2005 to consider the request from Mr. & Mrs. Russell Graham, which is agenda item 11. 8. ZC2005-018 Discuss and take appropriate action to rezone 26.385::1:: acres ofland out ofthe Genobra Malpaz Survey No. 67, Abstract No. 221, in the City of Schertz, Guadalupe County, Texas from Apartment/Multi-Family Dwelling District-4 (R-4) to General Business (GB). The property is located at the northwest corner ofFM 78 and FM 3009. Applicant: City of Schertz Minutes Planning and Zoning Commission April 26, 2005 Page 2 of 5 . . . Mr. Evans inquired if the General Business zoning would be the right zoning for this parcel ofland, and Mr. Richmond stated that given the location, it is the best use next to the railroad. Following review and discussion, Mr. Van Dine moved to forward this item to City Council with a recommendation of approval. Ms. Tutschke seconded the motion. Motion carried. Vote unanimous. 9. ZC2005-017 Discuss and take appropriate action to rezone 61.295:1: acres from Pre-Development District (PD), General Business District (GB), and Apartment/Multi-Family Residential District-4 (R-4) to Single-Family Residential District-7 (R-7). The tract is situated in the Rafael Garza Survey No. 98 Abstract No. 138, partially in Comal County, Texas and Guadalupe County, Texas. The property is located at the northeast corner of FM 1103 and Chelsea Drive. Applicant: JMLG Holdings, Ltd. (Carlos Sandoval) Mr. Evans voiced concerns regarding the remaining parcel of land zoned General Business. He stated that there would not be enough land available to develop. Mr. Truitt stated that the depth of the property is approximately 500-feet and is over 10-acres. Discussion included maintaining the 750-foot General Business buffer along lH 35. Mr. Truitt reminded the Commission that the 750- foot buffer was from the center of the interstate, and that the property currently has a 900-foot buffer. Mr. Cude stated that the 500-foot depth is a workable depth, but currently has no users at this time. Following review and discussion, Mr. Haddock moved to forward this item to City Council with a recommendation of approval. Mr, Van Dine seconded the motion. Motion carried. Vote unanimous. 10. PC2005-017 Discuss and take appropriate action on a request for a Master Plan containing 240 residential and one commercial lots. The tract is situated in the Rafael Garza Survey No. 98 Abstract No. 138, partially in Comal County, Texas and Guadalupe County, Texas. The property is located at the northeast corner ofFM 1103 and Chelsea Drive. Applicant: JMLG Holdings, Ltd. (Carlos Sandoval) Mr. Truitt reviewed staff comments and stated that the master plan for the 72.17 -acre tract consists of 241 residential and one commercial lots. The applicant is requesting an R-7 zoning of which 10.88 acres will remain General Business. This plan was presented to the Commission at the April 12, 2005 meeting for discussion only. The applicant has revised the plan to show the island at the main entrance offFM 1103 and has added a note referencing the I-foot non-access easements. The private park will be owned and maintained by the homeowner association. Parkland fees of $27,292.50 are due at final plat of Unit One. Staff recommends approval contingent upon City Council's approval for R -7 zoning. Mr. Evans reviewed the items discussed from the April 12, 2005 meeting and noted his concerns for the access to the drainage easement for mowing. Mr. Evans also asked the applicant to keep the driveways for the two lots next to the main entry as far away from the entry as possible. He discussed the island at the entrance and voiced his concerns about the location of the entrance at the top of the hill. Mr. Cude stated that he has worked with TxDOT on this project and noted that the top of the hill is the safest location for the entrance, due to all motorists having the greatest visibility in both directions, Mr. Richmond inquired if the contractor could enter the proj ect from lH 35 during the construction phase to keep heavy equipment off ofFM 1103, and Mr. Cude stated that the developer would have to acquire a permit from TxDOT and they may not grant one at this time. Following review and discussion, Mr. Haddock moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Minutes Planning and Zoning Commission April 26, 2005 Page 3 of5 11. BOA2005-001 Discuss and take appropriate action on a request for a 5-foot encroachment into the 20-foot front yard setback and a 3-foot, I-inch encroachment into the 10-foot rear yard setback of Lot 32, Block 3 of Scenic Hills, Unit 1 (3701 Hill Side). Applicant: Russell and Mary Graham . Mr. Truitt reviewed staff comments and stated that this subdivision was annexed into the city after development occurred. This lot was platted with a 20-foot front building line, and we have determined that this development would place this in the classification of the R-5 District, which has a 1 O-foot rear yard setback. The applicant had originally submitted a request to encroach 2- feet into the front setback and 8' -1" into the rear setback. Due to a utility and drainage easement at the rear of the property, staff worked with the applicant to move the house forward and reduce the sunroom by 2-feet. Staff has determined that the homeowners association has allowed various setbacks for their community prior to the City's annexation; therefore, other properties are enjoying rights that are being denied the applicant. Staff does not believe that granting this variance would be detrimental to public welfare or injury to the value of the property in the vicinity. The applicant is requesting to encroach 5-feet into the front setback for their garage and 3-feet, I-inch into the rear setback for a screened-in porch. Mr. & Mrs. Graham were present and stated that they are moving to Schertz from Wisconsin and thanked staff for working with them long distance. They mentioned that they did purchased the largest lot available in the subdivision. Mr. Evans inquired about the size of the home, and Mr. Graham stated that it was 2,082 square feet. Following review and discussion, Mr. Van Dine moved to forward request to the Board of Adjustment with a recommendation for approval. Ms. Tutschke seconded the motion. Motion carried. Vote unanimous. 12. ZC2005-016 Public Hearing to amend Article III (Zoning Districts and Map), Article IV, Section 5 (Permissible Uses- Land Uses), Article VI, Section 7 and Table VI-A and B (Density & Dimensions) ofthe Unified Development Code to add General Business District-2 (GB-2). Applicant: City of Schertz . Mr. Evans recommended this item be tabled until a future meeting. Following review and discussion, Mr. Van Dine moved to table this item until the May 24, 2005 Planning and Zoning meeting. Ms. Tutschke seconded the motion. Motion carried. Vote unanimous. 13. Items by Commissioners and City Staff 1. Discussion regarding FM 3009 improvements 2. Discussion regarding Public Improvement Districts (PID) Ms. Madison: Spoke about a meeting with the property owners, city officials and TxDOT regarding the preliminary design and financing for improving FM 3009. The preliminary plan shows bridges over the railroad crossings with frontage roads. She also mentioned that agenda item 13.2 should have been Planned Unit Development (PUD). Discussion included a mixed-use zoning for the Forbes property located at Old Wiederstein Road and lH 35. The development would include a big-box user, office professional, light warehousing and some residential uses. It would be a walkable, work, shop and live community. Mr. Evans voiced concerns with giving the developer "carte blanche" and that the ordinance would have to be defined. Ms. Madison also stated that the search for a City Planner is still being reviewed. Mr. Haddock: Noted that he would be absent for the two meetings in May. He also inquired about the Post Office on securing a location for a new building, and Councilman Greenwald stated that it is a long process and it's out of our hands. . Mr. Evans: Asked Mr. Truitt to investigate a storage box at 704 Exchange, and Mr. Truitt stated he would review. Mr. Minutes Planning and Zoning Commission April 26, 2005 Page 4 of 5 Evans also inquired about the dumping and fill work along FM 1518 at Ware Seguin Road. Mr. Truitt stated that the property was not in Schertz's city limits, but would ask the county building official to review the site. . Ms. Tutschke: Inquired about the FM 3009 Overlay District being extended north from lH 35 to the northern city limits. Ms. Madison stated that the creation of the GB-2 district and rezoning those parcels along FM 3009 would create the buffer needed to secure positive development. Mr. Richmond also mentioned that a previous attempt to place an overlay district in this area was not accepted by the property owners, but the owners would support a GB-2 zonmg. Councilman Greenwald: Apologized for missing the last meeting. He also noted that he attended a Woodland Oaks homeowners meeting. He announced that City Council had offered Mr. Don Taylor the position of City Manager and he had accepted. Mr. Richmond: Voiced concerns about the Green Valley Elementary school removing the wrought iron fencing. Mr. Truitt stated that the school is currently constructing an addition to the facility and that the fence would be replaced. 14. Adjournment There being no further business, Mr. Van Dine moved to adjourn the meeting at 8:00 p.m. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. (JOvvt,.J l/L'''N'r-_) ,L Chairman, Planning and Zoning Commission . . Minutes Planning and Zoning Commission April 26, 2005 Page 5 of5