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10-12-2004 PLANNING AND ZONING MINUTES OCTOBER 12, 2004 . The Schertz Planning and Zoning Commission convened on October 12, 2004 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 Chainnan Keith Van Dine, Secretary (arrived at 6:35 p.m.) Gary Wallace Clovis Haddock Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Director Misty Nichols, Planning Technician Jonette Ellis, Planning Technician Leonard Truitt, Building Official COMMISSIONERS ABSENT William Sommers OTHERS PRESENT Robert Brockman, 4505 Grand Forest John Burress, 1108 Dimrock Cindy Burress, 1108 Dimrock Charles Plunkett, 16515 Blanco Road Brian Shows, 486 Cedar Bridge Grady Koehl, Brown Engineering Ken Brown, San Antonio Perry Donop, 1000 East Basse James Rooney, 1128 Dimrock Richard Bostian, 1144 Dimrock Victor Lopez, Bu1verde John Hanke, 1112 Dimrock George Gutierrez Lauren Gutierrez Henry Christopher, 713 Contadora Barbara Muzny, 11403 IH 10 East . 1. Call to Order/Roll Call Chairman Richmond called the meeting to order at 6:31 p.m. and opened the meeting for public hearings. PUBLIC HEARINGS 2. SUP2004-016 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.) Ms. Nichols reviewed staff comments and stated that on May 18, 2004 City Council granted a specific use permit to Forum Construction. They are in the process of selling the building and the new owner needs to obtain a specific use permit. Twelve letters of notification were sent, and one was returned undeliverable. . Minutes Planning and Zoning Commission October 12, 2004 Page I of I Mr. Brockman inquired if the applicant was to occupy the entire building, and Mr. Shows responded that his company would occupy the entire building. . There was no one else present to speak for or against the request. 3. ZC2004-011 Public Hearing to rezone 5.820 acres from Neighborhood Services (NS) and Residential-l (R-l) to General Business (GB). The tract is located approximately 385-feet south of Dimrock on FM 3009 on the west side of the road. Applicant: George Gutierrez Ms. Nichols reviewed staff comments and stated that the applicant proposed a mini-warehouse facility on this property. All adjacent property is currently zoned R-l and NS. Twenty-eight letters of notification were mailed. The Planning Department received two responses, both in opposition. Mr. Brown, attorney representing Mr. Donop, stated that due to the configuration of the land, this site would be an idea110cation for a mini-storage facility. The use will provide low traffic, on site security and low lighting. Mr. Donop stated that an analysis of the area shows enough population to fill the facility. He also stated that this type of facility is a quiet use with low traffic counts, no pollution, secured with gates and video cameras. Mr. Brockman asked about the proposed hours of operation, and Mr. Donop stated that there would be 24- hour access. . Mr. Rooney voiced his opposition to the request. Mr. Burress voiced his opposition, stating that storage facilities typically have security problems, and asked for some restriction to keep the area non-visible from the Woodland Oaks Subdivision. Mr. Bostian inquired about what type of fence would be used. Mr. Lopez, contractor for the applicant, stated the facility would provide limited access, be a climate controlled facility and the fencing would be chain link, but added that storage of junk vehicles would not be allowed. Chairman Richmond broke into the conversation and stated that an 8-foot masonry fence would be required. Mr. Donop stated that he had not decided on the type of fencing and many in the audience spoke up and stated that they opposed the request. Ms. Burress asked about the zoning of the adjacent property and whether it would remain residential. Ms. Madison discussed the alignment of Maske Road and the discussions of bringing a collector road through this area to tie into FM 3009. Mr. Gutierrez stated that he has been trying to sell this property for seven years and he believes this use will be good for the neighborhood. Ms. Gutierrez stated that she is confident that this project will uphold the integrity of the neighborhood. There was no one else to speak for or against this request. e. PC2004-047 Minutes Planning and Zoning Commission October 12,2004 Page 2 of2 . Public Hearing to replat the Tri-County Business and Industrial Park, Unit 1, Block 1, Lot 9 and establish the Boazman Lot 10R Subdivision, Block 1, Lot 10R. The 2.492-r. acre tract is located on the northwest corner of IH 35 and Tri County Parkway. Applicant: Brown Engineering Company Ms. Nichols reviewed staff comments and stated that this request is to rep1at one lot into two. Two notices were mailed with the Planning Department receiving no responses. This request meets the Unified Development Code requirements. There was no one to speak for or against the request. Chairman Richmond closed the public hearings. 5. Reconvene into Regular Session Chainnan Richmond reconvened the meeting into Regular Session at 7:13 p.m. 6. Citizen Input other than Agenda Items There was no one present to speak. 7. Board of Adjustment Actions: The Board of Adjustment will meet on October 18, 2004. No action taken. .. Code Enforcement Issues Mr. Truitt reviewed the September code enforcement report with the Commission, and stated that 102 compliance notices had been sent and that 57 signs had been removed. Mr. Richmond asked about the Bracken Village signs on FM 3009 at the railroad tracks. Mr. Truitt stated that he would follow-up and provide comments to the Commission. 9. SUP2004-016 Discuss and take appropriate action 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.) Mr. Evans stated that anytime ownership changes, a new specific use permit is required. There being no further comments, Mr. Wallace moved to forward the request to City Council with recommendation for approval. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 10. ZC2004-011 Discuss and take appropriate action to rezone 5.820 acres from Neighborhood Services (NS) and Residential-l (R-l) to General Business (GB). The tract is located approximately 385-feet south of Dimrock on FM 3009 on the west side of the road. Applicant: George Gutierrez . Minutes Planning and Zoning Commission October 12, 2004 Page 3 on . Mr. Richmond voiced his concerns regarding there being two self storage facilities within three miles on FM 3009 and asked is there really a need. He stated that smaller parcels are harder to develop, but changing the zoning will only force adjacent property owners to request rezoning. Mr. Richmond also stated that landowners have a right to sell and develop their property, but the City has a responsibility to make sure it's developed correctly. Mr. Donop stated that the facility is needed and that surrounding properties might consider rezoning. He also spoke of possible expansion for his facility. Mr. Van Dine asked if the surrounding property owners would consider selling as a group. Mr. Brown asked the Commission not to prevent his client from developing based on the marketing value of the surrounding properties. Mr. Wallace voiced concerns of spot zoning. Mr. Evans and Mr. Van Dine inquired if the applicant intended to construct an 8- foot masonry fence around the project and Mr. Donop stated that if it were required, then he would build it. Following discussion, Mr. Wallace moved to forward this item to City Council with a recommendation of disapproval. Mr. Evans seconded the motion. Voting Aye: Mr. Richmond, Mr. Evans and Mr. Wallace. Voting Nay: Mr. Haddock and Mr. Van Dine. Motion carried. 11. PC2004-047 Discuss and take appropriate action to replat the Tri-County Business and Industrial Park, Unit 1, Block 1, Lot 9 and establish the Boazman Lot 10R Subdivision, Block 1, Lot 10R. The 2.492-r. acre tract is located on the northwest corner of IH 35 and Tri County Parkway. Applicant: Brown Engineering Company . Ms. Nichols stated that staff had no further comments. Mr. Koehl requested the Commission's approval on the rep1at. Following review and discussion, Mr. Haddock moved to approve the request. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 12. PC2004-048 Discuss and take appropriate action on a request for site plan approval ofthe Boazman Lot 10R Subdivision, 3009 Mini Realty LLC. The 134,865 square foot building provides for an office and warehouse facility. The request includes a variance to reduce the number of required parking spaces. Applicant: Brown Engineering Company Ms. Nichols reviewed staff comments and stated that the applicant is requesting approval for a three-story climate controlled storage facility including 42 office spaces. The applicant is also requesting a variance to reduce the parking requirement by 96 spaces. Based on a lack of information regarding parking, staff recommends denial. Mr. Koehl stated the revised site plan requires 121 parking spaces, but they are only providing 51 spaces. Based on industry standards, he stated that this type of enclosed storage facility has a low impact of traffic. Even with the 42 office spaces, traffic trends are approximately 8 cars per hour. . Mr. Richmond voiced concerns about the appearance ofthe building, being that it's at the primary entrance to the Tri-County Business and Industrial Park and the Commission takes great pride in this area. Mr. Koehl stated that the exterior of the building would be CMU, stucco and rock with glass doors and windows for the Minutes Planning and Zoning Commission October 12, 2004 Page 4 of 4 offices. He also stated that the construction cost would be $5 million. . Ms. Madison voiced concerns that staff had no back up to review regarding the reasoning for the parking variance and asked the applicant for additional information. Ms. Madison also added that the Unified Development Code does not have provisions for this type of use. Mr. Evans inquired about the fencing and signage. Mr. Koehl stated the property would be fenced, chain link in the rear of the property and wrought iron along Tri County Parkway. He stated that the signage would only include wall signage and that there would not be any type of pole sign. Following discussion on the parking variance, Mr. Wallace moved to table the request to receive information from the applicant regarding parking requirements. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 13. ZC2004-012 Discuss and take appropriate action to call for a public hearing to rezone 19.009-r. acres from Residential Agricultural (RA) to General Business (GB). The tract is located at the southwest corner of Ware Seguin Road and FM 1518. Applicant: Henry Christopher, Jr. Ms. Nichols recommended that the Planning and Zoning Commission call for a public hearing to be scheduled for November 9, 2004. . Mr. Evans asked if the property owner along FM 1518 from the corner south approximately 500- feet would be a part of this application. Mr. Christopher stated that it was not a part of this application and that the property would remain RA. Following review, Mr. Wallace moved to call for a public hearing to be conducted November 9,2004. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 14. SUP2004-017 Discuss and take appropriate action to call for a public hearing to grant a specific use permit to allow a residential use in the General Business (GB) District. The 49.341-r. acre tract is located on IH 10 approximately 2,100-feet east of Gray town Road. Applicant: Alan & Barbara Muzny Ms. Nichols recommended that the Planning and Zoning Commission call for a public hearing to be scheduled for November 9, 2004. Mr. Evans inquired ifthe out parcels were part of this application and Ms. Muzny stated that they were not. Following review, Mr. Wallace moved to call for a public hearing to be conducted November 9,2004. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 15. SV2004-015 Discuss and take appropriate action for a variance to Unified Development Code, Article IX (Signs) for Theis Distributing. The request is for a variance to exceed the requirements for a wall sign. Applicant: Robert A. Theis . Ms. Nichols stated that she did not see the applicant present and asked the Commission if they'd like to continue. Mr. Van Dine stated that the request should be tabled due to the applicant not being present. Minutes Planning and Zoning Commission October 12, 2004 Page 5 of 5 Mr. Wallace asked for staffs recommendation. Ms. Nichols reviewed staff comments and stated that the applicant is requesting a wall sign, which exceeds the maximum amount by 44.S square feet. The proposed sign is to be placed on the west side ofthe building. Ms. Nichols also stated that this is the only sign on the building. . Mr. Wallace stated that this is a huge building and that this is the only sign. Ms. Madison stated that there are extenuating circumstances why the applicant could not attend the meeting. Mr. Wallace stated that the application was clear and that he could understand the request. Following review and discussion, Mr. Wallace moved to approve the request. Mr. Haddock seconded the motion. Voting Aye: Mr. Richmond, Mr. Haddock and Mr. Wallace. Voting Nay: Mr. Evans and Mr. Van Dine. Motion carried. 16. SV2004-016 Discuss and take appropriate action for a variance to Unified Development Code, Article IX (Signs) for the Law Offices of Jodi Head Lopez. The request is for a variance to exceed the requirements for a roof sign. Applicant: Jodi Head Lopez Ms. Nichols reviewed staff comments and stated the applicant is requesting two roof signs on an existing building: ITEM ALLOWED REQUEST VARIANCE Roof Sign One sign Two Signs Second Sign Maximum 30 Sq. ft. 80 sq. ft. Total SO sq. ft . Ms. Nichols also stated that the applicant was not present. Mr. Truitt stated that he issued temporary permits for the sign. The two roof signs are anchored into the roof of the building on the front and side which requires the applicant to use the brackets to avoid structural damage. Mr. Richmond stated that the photo exhibits indicate that the requested sign is not as large as the existing sign and voiced concern whether the Commission was granting a variance for a size smaller than what was needed. Due to the applicant not being present to address the Commission, Mr. Van Dine moved to table this request until the next meeting. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 17. Items by Commissioners and City Staff a. Discussion regarding Pulte directional sign. Mr. Truitt: Stated he had received a request for permission to re-install a development sign at FM 3009 and Green Valley Road for Pulte Homes. He stated that the subdivision was at 73 % sold-out and that Pulte would like the sign in place until the subdivision was 7S% sold-out, which would be six more homes. The Commission agreed to the request. . Ms. Madison: Asked the Commission to review the schedule for upcoming meetings to insure there would be a quorum during the holidays. It was agreed that the Commission would meet on November 23,2004. The December 28, 2004 meeting was questionable. Ms. Madison also informed the Commission that the City Minutes Planning and Zoning Commission October] 2, 2004 Page 6 of6 Manager had retired and that John Bierschwa1e was appointed by City Council as Interim City Manager. . Ms. Nichols: Reminded the Commission of the AP A Conference on October 13-15, and Mr. Haddock, Mr. Evans, Mr. Richmond and Mr. Wallace stated they would be car-pooling with staff. Mr. Van Dine stated he would be commuting to the conference. Mr. Evans: Inquired about a house being built on IH 10 in the General Business District. Mr. Truitt stated that the house was not occupied and would require a specific use permit. Mr. Evans also stated that the Bracken Village signs at FM 3009 and the railroad tracks have been freshly painted, but have not been pennitted and need to be removed. Mr. Truitt stated his department would review. Mr. Van Dine: Reminded the Commission that they had agreed if the applicant was not present at the meeting, the item would be tabled. If he/she did not appear at the next meeting, the item would be disapproved. Ms. Madison stated that she understood this policy of the Commission, but it is not a requirement of the Unified Development Code. Mr. Richmond: Asked staff if the owner of the 65- foot slice fronting FM 1518, adjacent to the Schertz Forest zoning request, would be notified of the November 9,2004 Planning and Zoning public hearing. Ms. Nichols stated yes. 18. Adjournment There being no further business, Mr. Van Dine moved to adjourn the meeting at 9:04 p.m. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. . ~ . I f I, ''/ /. . t7tiAAi' ,,2 V\~1rWVV'Vl-} .L Chairman, Planning and Zoning Commission . Minutes Planning and Zoning Commission October 12, 2004 Page 7 of7