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02-10-2004 PLANNING AND ZONING MINUTES FEBRUARY 10, 2004 .The Schertz Planning and Zoning Commission convened on February 10, 2004 at 6:30 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice Chairman Keith Van Dine, Secretary Clovis Haddock Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Director Misty Nichols, Planning Technician Jonette Ellis, Planning Technician Mark Marquez, City Manager COMMISSIONERS ABSENT William Sommers Gary Wallace Joyce Briscoe OTHERS PRESENT Robert Brockman, 4505 Grand Forest Habib Erkan, 111 Soledad Larry Douglas Larry Aiken Don McCrary, 323 Breesport 1. Call to Order/Roll Call Chairman Richmond called the meeting to order at 6:33 p.m. --. ZC2004-001 Public hearing to amend Article I (General Provisions), Article III (Zoning Districts and Map), Article IV, Section 5 (Permissible Uses - Land Uses), Article VI, Section 7 and Tables VI-A & B (Density & Dimensions) and Article XI, Section 20 (Platting) of the Unified Development Code. Applicant: City of Schertz Ms. Madison reviewed staff comments and stated that the following items are proposed changes for discussion: ARTICLE I: GENERAL PROVISIONS No significant changes. The article was simply a re-write for clarity and has previously been reviewed by City Council. I am attaching a copy of the current UDC wording along with a copy of the revised addition recommended by Planning and Zoning. ARTICLE III: ZONING DISTRICTS AND MAPS Section 1.1, added the Symbol R-7 and District Name Single-Family Residential District. Section 1.2, second sentence includes R-7 as a zoned subdivision. Added Single-Family Residential District (R-7) as Section 2.8 and revised the numbering to reflect one more section (i.e. Sections 2.1 thru 2.11). Section 2.8, added the following text: "Intended to be comprised of sing1e- family detached residential dwellings that are a minimum of square feet . on a minimum lot size of 6,600 square feet, together with the schools, churches, and parks necessary to create Minutes Planning and Zoning Commission February 10, 2004 Page I of8 basic neighborhood units. The District is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on a larger sized lot." . ARTICLE IV: PERMISSIBLE USES Section 5: Land Uses, added the following: SINGLE-FAMILY DWELLING DISTRICT (R-7) SUP REQ SITE PLAN REQ One-Family Dwelling Detached Church Day Nursery/Kindergarten Country Club Park/Playground/Similar Public Site Public Recreation Center Schools New and Unlisted Uses as Provided By Article IV, Section 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Y es( a) Convenience Store Shoe Repair Day Nursery Section 5: Land Uses, added uses to NEIGHBORHOOD SERVICES DISTRICT (NS): SUP SITE PLAN No Yes No Yes No Yes . ARTICLE VI: DENSITY AND DIMENSIONAL REQUIREMENTS Section 7.2: Location of Structures, remove the following paragraph: Manufactured homes constructed on or after June 15, 1976 are permitted on individua110ts in a residential district when the manufactured home is placed on a permanent foundation and the exterior covering and features are compatible and harmonious with existing structures in the vicinity. The paragraph is too broad and allows Manufactured homes to be placed in any subdivision as long as the foundation was pennanent. Table VI-A: Dimensional Requirements Residential Zoning District Added R-7, Single-Family One, 6.600 sf, 60 width X 110 Depth, 25 front ft, 7.5 internal side foot, 20 rear foot, 2- off-street parking, 35 maximum height,) Key; Table VI-B: Dimensional Requirements Non-Residential Zoning District: Removed a footnote to prohibit parking, storage or similar use within 25 feet of property line on M-l, Light Manufacturing and M-2, Heavy Manufacturing for rear and side setbacks to non-residential. It is to our advantage to allow parking in these areas to keep them out of the view ofthe public and to maximize parking on impervious cover that otherwise would not be useab1e without a variance. ARTICLE XI: PLATTING Section 20.12: Half Streets or Adjacent Streets, add the following: Any new development of property that abuts City maintained roads in the City of Schertz or its ETJ shall be assessed a road improvement fee due at the time of final platting. The fee shall be determined by the City Engineer and shall be based on the total linear feet of property that abuts the city road. . Minutes Planning and Zoning Commission February 10, 2004 Page 2 of 8 The fee shall include all costs to complete their fair share ofthe road, calculated at the time of development. Their fair share shall not exceed 33.3 percent of total construction costs to construct a road to meet City specifications. A road assessment account for each road will be developed and maintained by the Finance Department until such time that the City of Schertz constructs the road. . There being no one else present to speak for or against the request, Chainnan Richmond closed the public hearing. 3. ZC2004-001 Discuss and take appropriate action to amend Article I (General Provisions), Article III (Zoning Districts and Map), Article IV, Section 5 (Permissible Uses - Land Uses), Article VI, Section 7 and Tables VI-A & B (Density & Dimensions) and Article XI, Section 20 (Platting) of the Unified Development Code. Applicant: City of Schertz Mr. Van Dine inquired about the manufactured home requirement and Ms. Madison stated that it is a mobile home if constructed prior to 1976. She also said that state law allows it to be placed anywhere as long as it fits the area and that the City currently has zoning for manufactured home district. Mr. Richmond asked how was the 33.3% fair share construction costs for thoroughfares determined, and Ms. Madison stated that the figure was suggested from the Public Works Department. 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. e. ZC2004-002 Public Hearing to rezone 41.418-r. acres ofland out ofthe Genobra Malpaz Survey No. 67, Abstract No. 221, in the City of Schertz, Guadalupe County, Texas from Neighborhood Services (NS) and Apartment/Multi-Family Dwelling District-4 (R-4) to Residential-2 District (R-2) Applicant: City of Schertz Ms. Madison reviewed staff comments and stated that the Planning and Zoning Commission requested this item be brought up to revert the property to its original zoning due to no development occurring on the property. The property is currently zoned R-4 and NS and action on this item would rezone the property back to R-2. Mr. Erkan, Earl & Associates, was present representing the owner and stated that the property was currently under contract for multi-family development and requested the Commission not zone the property which could delay the sale. Mr. Erkan also stated that the property owner had provided the necessary easements for the FEMA proj ect. Mr. Larry Douglas inquired about the tree removal and staff stated that it was necessary for the FEMA drainage project. There being no one else to speak for or against the request, Chairman Richmond closed the public hearing at 7:13 p.m. .. ZC2004-002 Minutes Planning and Zoning Commission February 10, 2004 Page 3 of8 . Discuss and take appropriate action to rezone 41.418-r. acres of land out of the Genobra Malpaz Survey No. 67, Abstract No. 221, in the City of Schertz, Guadalupe County, Texas from Neighborhood Services (NS) and Apartment/Multi-Family Dwelling District-4 (R-4) to Residential-2 District (R-2) Applicant: City of Schertz Mr. Richmond stated that at the time of original zoning the applicant wanted to start construction immediately, and Mr. Evans said that it was the Commission's understanding that the property would be developed within a year. It's been two years since the rezone and Mr. Evans stated that he felt the zoning had expired. Ms. Madison stated that zoning doesn't expire, but Mr. Evans said that the Commission has procedural rights to revert the property to its original zoning. Mr. Habib stated that the contract is subject to the zoning and asked the Commission not to down zone the property. Ms. Madison asked when the contract for the property would expire and Mr. Habib stated at the end of December 2004. Ms. Madison requested a copy ofthe contract. Mr. Greenwald suggested the Commission table the request. Following review and discussion, Mr. Van Dine moved to table this request until the next meeting. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 6. Convene into Regular Session of the Planning and Zoning Commission Chairman Richmond reconvened into regular session at 7:33 p.m. 7. . Citizen Input other than Agenda Items Mr. Brockman asked for an introduction of the Commission members and asked for the names of the absent members. Mr. Richmond introduced the Commission and staff. 8. Code Enforcement Actions: Discussion on current activities Ms. Madison reviewed the January 2004 Code Enforcement report. She stated that both Mr. Eaton and Mr. Truitt were absent. Discussion included the following signs: 1) container signs on IH 35. 2) Lutheran church sign on Schertz Parkway. 3) Atrium Inn sign. 4) Riedel signs. Ms. Madison stated that staff was working on these signs. 9. Discussion of Annexation in the City of Schertz Mr. Marquez addressed the Commission stating that the City would be initiating the annexation process for several areas in Schertz including: the area between N orthcliffe and Scenic Hills, the three holes area between FM 482 and Friesenhahn Lane, and areas near FM 1518. Mr. Marquez stated that the land needs to be managed for future development. He also stated that legislative changes have limited the number of acres that can be annexed each year, and that the City Attorney was reviewing the law. Discussion only, no action taken. .0. Board of Adjustment Actions: Minutes Planning and Zoning Commission February 10,2004 Page 4 of8 N one at this time. .1. Approval of the Minutes: Consider and take action on approval of the October 14,2003 and the October 29, 2003 minutes from the Planning and Zoning meetings. Following review, Mr. Van Dine moved to approve the minutes of the October 14, 2003 Planning and Zoning meeting. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. Following additional review, Mr. VanDine moved to approve the minutes of the October 29, 2003 Planning and Zoning meeting. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 12. ZC2004-003 Discuss and take appropriate action to call a Public Hearing to rezone 5.9-r. acres from Pre- Development (PD) to Residential District-6 (R-6). The two tracts are located on Block 10, Lot 12 and Block 8, Lot 8 ofthe Northcliffe Community, Section One, in the City of Schertz, Guadalupe County, Texas. Applicant: Entex Construction Company Ms. Madison reviewed staff comments and stated that this property was annexed into the city and was placed in a classification of Pre-Development (PD). The property owner wishes to develop this property and is requesting R-6 zoning to be consistent with adjacent development. Staff recommends the Commission call for public hearing to be conducted March 9, 2004. City Council would conduct their public hearing on March 16,2004. . Following review, Mr. Haddock moved to call for a public hearing on March 9, 2004. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 13. SV12-03 Discuss and take appropriate action on a request for a sign variance to BG's Catering. 602 N. Main Street. (This item was tabled at the 1/27/04 Planning and Zoning meeting.) Applicant: Emma Watson Mr. Van Dine moved to remove this item from the table. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. Ms. Madison reviewed staff comments and stated that the applicant is requesting a variance to the 30 square foot maximum free-standing sign requirement for a 64 square foot sign. This is an existing grandfathered sign that the new owner would like to use. Mr. Douglas stated that he will only be replacing the face of the sign, and that the cabinet will not be altered. He stated that by definition, the sign was grandfathered. Mr. Douglas also stated that the building has three sides facing a street: Main Street, Randolph and FM 78 and that the applicant would be allowed to place an additional pole sign on Randolph, but stated that the applicant may consider applying for a wall sign on the back ofthe building facing FM 78. Mr. Evans voiced concerns about the reader board and asked that it be removed, and Mr. Douglas stated that it . is a part of the sign cabinet and can't be removed. Minutes Planning and Zoning Commission February 10,2004 Page 5 of8 . Mr. Richmond voiced concerns regarding signage along Main Street and stated that he would prefer monument signs in lieu of pole signs. Discussion included modifying the sign ordinance with regards to preserving the "downtown" area. Ms. Madison invited Mr. Douglas to review the sign ordinance and make a recommendation. Following review and discussion, Mr. Haddock moved to approve the request. Mr. Van Dine seconded the motion. Voting Aye: Mr. Richmond, Mr. Haddock and Mr. Van Dine. Voting Nay: Mr. Evans. Motion carried. 14. BOA2004-001 Discuss and take appropriate action to make recommendation on a request to grant a variance to encroach 5-feet, 7-inches into 50-foot rear yard setback at 1320 Hickory Lane, Greenshire Subdivision, Unit 7, Block 9, Lot 21. Applicant: Jeffrey Rehling Ms. Madison reviewed staff comments and stated that Mr. Rehling is requesting to encroach 5' -7" into a 50- foot rear yard setback to build a deck. The rear of his property faces FM 3009 and staff believes this encroachment will not spoil the integrity of the FM 3009 Overlay District. His HOA has reviewed and approved his request. The Board of Adjustment meeting would be set for February 23,2004. Following review and discussion, Mr. Haddock moved to forward this item to the Board of Adjustment with a recommendation of approval. Mr. VanDine seconded the motion. Motion carried. Vote unanimous. 15. . PC605-03 Discuss and take appropriate action on a request for master plan approval of the Silver Thorn Subdivision situated in the G. Malpaz Survey No. 67, Abstract No. 221 containing 63.92-r. acres. The property is located on Schertz Parkway approximately 200-feet south of Live Oak Road. The request is for 300 single family lots developed at Residential-5 (R-5) with two variances for the reduction of right-of-way width and front yard setbacks. (This item was tabled at the 1/13/04 Planning and Zoning meeting.) Applicant: Don McCrary & Associates Mr. Van Dine moved to remove this item from the table. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. Ms. Madison reviewed staff comments and stated that City Council approved the zoning on this property on February 3,2004. The master plans shows 300 R-5 lots to be developed in three phases. The applicant is requesting two variances. The first is for a reduction in right-of-way for four (4) internal streets from 50-feet to 46-feet due to topographical and drainage constrictions. The second is to reduce the front yard setback to 20-feet from 25-feet to allow for adequate rear yard depths. The master plan includes 1.826 acres adjacent to Schertz Parkway. This property is not included in the zoning request and will remain zoned R-2. It is the applicant's intent to rezone this property to a commercial use in the future. Mr. Evans inquired why three streets would be constructed at 46- feet, in lieu of the minimum 50- foot right-of- way. Mr. Aiken stated that his builder, Pulte, found the 110- foot lot short of their building requirements and Public Works agreed to the 4-foot reduction in the right-of-way. Mr. Aiken also stated that the land would . need to be filled, graded and terraced in order to make the necessary drainage improvements. He also stated Minutes Planning and Zoning Commission February 10,2004 Page 6 of 8 that his group has met with city leaders and adjacent property owners with regards to the drainage issues in the area. . Following review and discussion, Mr. Van Dine moved to approve the request. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 16. PC606-03 Discuss and take appropriate action on a request for preliminary plat approval of the Silver Thorn Subdivision, Unit One situated in the G. Malpaz Survey No. 67, Abstract No. 221 containing 29.856-r. . acres and containing 139 single-family lots. The property is located on Schertz Parkway approximately 200-feet south of Live Oak Road. (This item was tabled at the 1/13/04 Planning and Zoning meeting.) Applicant: Don McCrary & Associates Mr. Haddock moved to remove this item from the table. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Ms. Madison reviewed staff comments and stated that the 29.8 acre tract contains 139 single-family lots with four (4) tracts for open space to be maintained by the HOA. The site allows for two points of access. The street names are temporary and will be changed at the time of final plat approval. The applicant has not acquired the Kramer property. It will not be sold in the immediate future and has been removed from the exhibit. Lots 7 and 8 in Block 1 and 2 will not be permitted to be built on to allow turn around access for emergency vehicles until such time the Kramer property can be acquired and "Silber Pass" is extended. . Mr. Aiken stated that Mrs. Kramer's property probably won't be developed and the subdivision would surround her property. Her property could possibly become a park in the future. Mr. Evans stated that the plat shows parkland at the end of each block and Mr. Aiken stated that the property would be deeded to the homeowners association and will be maintained by the association. Mr. Evans also stated that the drainage would need to be worked out prior to any development. Following review and discussion, Mr. Haddock moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 17. Items by Commissioners and City Staff Ms. Madison: Stated that members have been selected for the Comprehensive Land Plan committee to review the Major Thoroughfare Plan and the Land Use Plan and they are: Patricia Ramirez and Bill Gignac from TSAC, David Richmond and Clovis Haddock from the Planning and Zoning Commission, and Steve Simonson and Tony Wi1enchek from City Council. Mr. Evans: Voiced concerns about fencing issues at Green Valley and Savannah elementary schools. Ms. Madison stated that she has met with Dr. Putska regarding these issues and mentioned that any modification to the fencing would require a variance. Mr. Richmond: Asked that a future agenda item include rezoning the area adjacent to IH-I0 for M-l zoning. 18. Adjournment . Minutes Planning and Zoning Commission February 10, 2004 Page 7 of8 There being no further business, Mr. Van Dine moved to adjourn the meeting at 9:19 p.m. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. . raOMi \2v~J/lv Chairman, Planning and Zoning Commission . . Minutes Planning and Zoning Commission February 10, 2004 Page 8 of 8