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09-14-2004 PLANNING AND ZONING MINUTES September 14, 2004 . The Schertz Planning and Zoning Commission convened on September 14, 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 Gary Wallace William Sommers Keith Van Dine Joyce Briscoe Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Director Misty Nichols, Planning Technician Erin Matlock, Administrative Assistant Tom Eaton, Code Enforcement Officer COMMISSIONERS ABSENT Clovis Haddock OTHERS PRESENT Robert Brockman, 4S0S Grand Forest Mac Chesney, 4901 Broadway, Suite 2S0 Rick Lepen, 4901 Broadway, Suite 2S0 Ron Sullivan, 4616 Flagstone Larry Aiken 1. Call to Order/Roll Call . Chairman Richmond called the meeting to order at 6:30 p.m. 2. PUBLIC HEARINGS ZC2004-009 Public hearing to rezone 78.14-r. acres ofland situated in the James Gray Survey, Abstract No. 255 in the City of Schertz, Guadalupe County, Texas from Pre-Development (PD) to Residential-5 (R-5). The property is currently known as Northcliffe II Subdivision. Applicant: City of Schertz Ms. Madison stated that the City is working with the developer to complete the zoning as it was inadvertently missed when the City annexed the area. Staff recommends the property be zoned R -S to reflect the existing development. Mr. Brockman questioned the absence of Mr. Haddock, because he lives in that area. The Commission stated that Mr. Haddock no longer lived in that subdivision. Mr. Brockman stated that he was curious about Mr. Haddock's absence, and Ms. Madison stated that he was not able to attend tonight. Mr. Richmond asked if letters went out on this item, and Ms. Madison stated that they had. There was no one else to speak for or against the request. 3. ZC2004-010 Public Hearing to amend the City of Schertz Comprehensive Land Plan, Chapter 5 (Transportation), Figure 5.2 (Master Thoroughfare Plan). . Minutes Planning and Zoning Commission September 14, 2004 Page 1 of6 Applicant: City of Schertz . Ms. Madison presented the Commissioners with a map for land use, economic development and the Master Thoroughfare Plan. Ms. Madison stated that this is adopted by ordinance with the City, therefore a public hearing is necessary to change one aspect of the Comprehensive Land Plan and that would be the thoroughfare plan. The thoroughfare plan includes all existing roads and future expansion of roads within the City. Ms. Madison reviewed the realignment of Maske Road, and the importance of the realignment. Mr. Brockman asked the Chairman why it was necessary to hold a public hearing for this item. Mr. Richmond stated that anytime you make a change to an ordinance it is necessary to hold a public hearing. A recommendation is then sent to City Council and they hold a public hearing and make a final decision. There being no one else to speak for or against the request, Chairman Richmond closed the public hearing. 4. Reconvene into Regular Session Chairman Richmond reconvened into Regular Session at 6:41 p.m. 5. Citizen Input other than Agenda Items Mr. Brockman stated the need for the City to have a new library. Mr. Brockman stated the Planning and Zoning Commission would be a great place to start looking for land for the library. Mr. Richmond stated that city staff is already looking at property next to the municipal complex and also next to Resurrection Baptist Church. The City is aware of the need for a new library. . Mr. Aiken reminded everyone of the Party in the Park, the fundraiser for the ALS society, scheduled for Saturday, September 18, 2004. 6. Board of Adjustment Actions: Mr. Richmond stated that the Board of Adjustment met on September 7,2004 and approved the request of Mr. John Beattie to encroach into the rear yard setback for a deck. 7. Code Enforcement Issues Mr. Eaton reviewed the August 2004 report and stated that he had sent out 185 notices. Mr. Eaton stated he logged in 32 hours assisting the Inspection Department and 12 hours with the Planning and Zoning Department. Ms. Madison asked that Mr. Eaton share with the Commissioners the information about the Riedel's sign. Mr. Eaton stated that one of their signs had been removed. 8. ZC2004-009 Discuss and take appropriate action to rezone 78.14-r. acres of land situated in the James Gray Survey, Abstract No. 255 in the City of Schertz, Guadalupe County, Texas from Pre-Development (PD) to Residential-5 (R-5). The property is currently known as Northcliffe II Subdivision. Applicant: City of Schertz . Following review, Mr. Wallace moved to forward this item to City Council with a recommendation for approval. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. Minutes Planning and Zoning Commission September 14, 2004 Page 2 of 6 . . 11. . 9. ZC2004-010 Discuss and take appropriate action to amend the City of Schertz Comprehensive Land Plan, Chapter 5 (Transportation), Figure 5.2 (Master Thoroughfare Plan). Applicant: City of Schertz Mr. Richmond asked Ms. Madison if the only change to the map is a better location for the connection of Live Oak Road and Maske Road. Ms. Madison stated that there is one other error (Eckhardt Road) she noticed and has contacted Ford Engineering to correct. Mr. Wallace questioned the need for Major/Minor in the name of the map. Ms. Madison stated that it could be called Thoroughfare Map. Ms. Madison stated the need to leave the name the same because it would interfere with the narrative. Mr. Marquez stated that even though the text is the same, it is necessary to put some wording in the change of the ordinance. Following review, Mr. Wallace moved to forward this item to City Council with a recommendation for approval. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 10. PC2004-041 Discuss and take appropriate action on a replat of Forest Ridge Commercial, Block 1, Lot 6, establishing Block 1, Lots 7R and SR. The 4.S69 acre tract is located at the northwest corner ofFM 3009 and Forest Ridge Parkway. The property is zoned Neighborhood Services (NS) Applicant: Corridor Properties, Ltd. Ms. Madison stated that staff recommends approval on the rep1at. Following review, Mr. Sommers moved to forward this item to City Council with a recommendation for approval. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. PC2004-042 Discuss and take appropriate action on a request for site plan approval of Forest Ridge Commercial, Block 1, Lot 7R, Schertz Office/Medical Building. The 2.456 acre tract is located on FM 3009 north of Forest Ridge Parkway. The site contains a 20,240 square foot medical office facility. Applicant: Corridor Properties, Ltd. Ms. Madison stated that staff recommends approval, noted that the applicant had requested a variance. However, it has been withdrawn as applicant is trying to work with residents and to accommodate them. Mr. Chesney stated that Mr. Atwell will work with the homeowner association regarding the fence of their choice and will commit to majority vote of homeowner association on the fence. Mr. Chesney went over issues of the deceleration lane and signage. Mr. Richmond stated this is not a public hearing; however, as there are residents in attendance he will allow a few questions. Residents stated concerns over fence style, entranceway and drainage issues with the new masonry fence. Mr. Sommers moved to approve the request. Mr. Wa11ace seconded the motion. Motion carried. Vote unanimous. 12. SV2004-011 Discuss and take appropriate action for a variance to Unified Development Code, Article IX (Signs) for Word of Life Fellowship Church. The request is a variance to exceed the requirements for a Minutes Planning and Zoning Commission Sept~nber 14,2004 Page 3 of6 development sign located on Schertz Parkway. Applicant: Word of Life Fellowship Church . Following review and discussion regarding the applicant not being present to answer questions from the Commission, Mr. Wallace moved to table this item. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 13. SV2004-012 Discuss and take appropriate action for a variance to Unified Development Code, Article IX (Signs) for Audio Concepts, 205 First Street. The request is a variance to exceed the requirements for a Wall Sign. Applicant: Larry Fritz Ms. Madison reviewed staff comments and stated that the applicant received approval for a sign variance on 9/23/03 for two wall signs totaling 43 square feet (19 sq. ft. and 24 sq. ft.) to be placed on the north side ofthe building facing FM 78. The applicant made an error in paperwork and is now requesting a total of 51 sq. ft. (19 sq. ft and 32 sq. ft.). The purpose ofthe variance is due to the hardship of not being able to place a pole sign on the property. Mr. Richmond stated that applicant has an enhanced corner. Following review, Mr. Van Dine moved to approve this item. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 14. ZC2004-00S Discuss and take appropriate action on a request to rezone 11.S67-r. acres from General Business (GB) to Residential-5 (R-5). The property is located at the northwest quadrant of Schertz Parkway and Live Oak Road. (This item was tabled at the S/10/04 Planning and Zoning meeting) Applicant: Hardy & Company, Inc. . Mr. Van Dine moved to remove this item from the table for discussion. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. Mr. Wallace asked why this item was tabled. Ms. Madison stated that the City requested time to speak with property owners regarding the road development. Mr. Evans asked if a portion of the land should be set aside for neighborhood services. Ms. Madison stated that she had spoken with Mr. Hardy about this issue during the meeting with property owners. Mr. Hardy stated that he did not make a comment. Mr. Richmond stated he hopes to keep some property as commercial. The Bindsei1 representative, Patrick Pate, stated that Mr. Bindsei1 would soon be 75-years-01d and is not in a position to keep farming this property. The property is under contract with Mr. Hardy to sell both sides of his property on Schertz Parkway. This item needs to be approved in order for Mr. Bindsei1 to go on with his life. Mr. Evans inquired about the need for a traffic impact analysis. Discussion continued between Mr. Hardy and Mr. Richmond regarding roadways and neighborhood services in the area. Following review, Mr. Wallace moved to forward this item to City Council with a recommendation of approval. Mr. Van Dine seconded the motion. Voting Aye: Mr. Evans, Ms. Briscoe, Mr. Wallace, Mr. Sommers, and Mr. Van Dine. Voting Nay: Mr. Richmond. Motion carried. .5. PC2004-036 Minutes Planning and Zoning Commission September 14, 2004 Page 4 of 6 . Discuss and take appropriate action on a request for master plan approval of the Meadow Creek Subdivision. The 28.35-r. acre tract is located on the north side of Maske Road at Oak Street and contains 86 single family lots. The property is zoned Residential-2 (R-2). (This item was tabled at the 8/10/04 Planning and Zoning meeting) Applicant: Landtex Development Company Mr. Sommers moved to remove this item from the table for discussion. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Ms. Madison reviewed staff comments and stated the 28.35 acre tract shows 86 single family lots developed at R-2 standards. There are 1610ts within the Air Installation Compatible Use Zone (AICUZ), which would require a specific use permit. A majority of the property lies in the floodplain. West Dietz Creek improvements will alter the current flood plain. This issue will be considered at platting following completion of the improvements and as-built certification by the City Engineer. The site currently has one point of access, with one stub-out for future development. Mr. Paul Schroder was present to review the plan. Mr. Wallace mentioned he had a problem with note #4 regarding variances not being granted for specific lots, and Mr. Schroeder stated he would be glad to re-word the agreement for commissioners. Mr. Evans voiced his concerns about a traffic impact analysis with all the new homes coming into the city. The development needs to be halted until the traffic impact analysis is completed. Ms. Madison stated that traffic impact analysis is done per development and projected development at the time of platting. . Mr. Wallace inquired about the second point of access, and Ms. Madison stated that there is no other choice because of the size of the development. . Following review, Mr. Sommers moved to approve the request. Mr. Van Dine seconded the motion. Voting Aye: Mr. Richmond, Mr. Evans, Ms. Briscoe, Mr. Sommers and Mr. Van Dine. Voting Nay: Mr. Wallace. Motion carried. 16. CONSENT AGENDA All items under the Consent Agenda are heard collectively unless opposition is presented, in which case, the contested item will be considered, discussed and appropriate action taken separately. a. PC2004-043 - Final plat of ARC III, L.L.C. Subdivision. The 0.656-r. acre tract is located on the southwest corner ofFM 78 and Nu Pecan Grove. The property is zoned General Business (GB). Applicant: Affordable Residential Communities b. PC2004-005 - Final Plat of The Fairways at Scenic Hills, Unit 2. The 15.971 acre tract contains 60 single family lots and 2 greenbelt lots. Applicant: Carter & Burgess, Inc. c. ZC2004-011- Call for a Public Hearing to consider a request to zoning 6.054 acres ofland from Neighborhood Services (NS) and Residential-l (R-l) to General Business (GB). The property is located on the west side of FM 3009, approximately 380 feet south of Dimrock. Applicant: Perry Donop d. SUP2004-016 - Call for a Public Hearing to grant a Specific Use Permit for Block 1, Lot 14, in the Schertz Business Park to allow for an office/warehouse facility for a food distribution center to be located in the Air Installation Compatible Use Zone (AICUZ). The property is located at 132 Commercial Place. Applicant: Brian & Kelly Shows (dba San Antonio Deli Provisions, Ltd.) Minutes Planning and Zoning Commission September 14, 2004 Page 5 of6 . Following review and discussion by Commissioners, Mr. Richmond asked the Commissioners if any items needed to be withdrawn. There being none, Mr. Sommers moved to approve all items on the consent agenda. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 17. Items by Commissioners and City Staff Ms. Madison: Stated that staff was busy with the review of a retirement center. Ms. Madison also stated that staff is working on the sign ordinance and ETJ map. She also reviewed the work she is doing with the nine cities within the Northeast Partnership. Ms. Madison stated she is actively seeking funding for construction of hiking and biking trails. Mr. Wallace: Asked if a small parcel of land at Woodland Oaks was omitted from rezoning from General Business to Neighborhood Services. Ms. Madison stated that she would review. Ms. Briscoe: Stated her frustration regarding the sign ordinance and how the city abides by the city ordinance. She asked, "Why do a variance, why pick on a church." Mr. Evans: Voiced his concerns for the need of a traffic impact analysis. Mr. Richmond: Voiced his concern about the sidewalk along Green Valley Road that was promised by Larry Aiken and has not been completed. Mr. Richmond asked staffto require Mr. Aiken comply. He also stated that the Eagle Valley Homes sign on FM 78 by the railroad tracks has been removed, but that three posts remain. Mr. Richmond also asked about the progress in getting the storage containers painted on IH 35. Ms. Madison stated that Fritz Sch1ather should be back from vacation next week. . Mr. Van Dine: Stated that he would like to see the overlay map for the Air Installation Compatible Use Zone (AICUZ). Mr. Van Dine asked about Pfie1 Road, and Mr. Hooks stated that Public Works is protecting the road. Mr. Van Dine also stated that an item on the agenda needs to be tabled if the applicant is not present. Mr. Sommers: Stated some facts regarding a subpoena in reference to Mayor Ed Garza for the media's coverage of the Mayor's phone calls. Mr. Sommers requested updates for the Commissioners to stay current on all laws. Ms. Madison stated that she would get with the City Attorney to set up a meeting. Ms. Madison also noted that a joint meeting with the Board of Adjustment and City Council would be nice. Councilman Greenwald: Reminded the Commission that the ALS Party in the Park is coming up on Saturday with 12 to 14 bands to perform. Also mentioned that the annexation process has started. The Schertz Seguin Local Government Corporation will meet Thursday in the police conference room. 18. Adjournment There being no further business, Ms. Briscoe moved to adjourn the meeting at 9:40 p.m. Mr. Sommers seconded the motion. Motion carried. V ote unaru~,,\ ri~J ,/i~ ~~_~ fi .Chairman, Planning and Zoning Commission Rec . dmg Secretary, It Minutes Planning and Zoning Commission September 14,2004 Page 6 of6