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11-09-2004 PLANNING AND ZONING MINUTES NOVEMBER 9, 2004 . The Schertz Planning and Zoning Commission convened on November 9,2004 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 Chairman Keith Van Dine, Secretary Gary Wallace Clovis Haddock Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Director Misty Nichols, Planning Technician Jonette Ellis, Planning Technician Torn Eaton, Code Enforcement Officer COMMISSIONERS ABSENT William Sommers OTHERS PRESENT Robert Brockman, 4505 Grand Forest Rick McNealy, Vickrey & Associates Lillian Bruce, 302 River Road Coy Armstrong, Bury & Partners Barbara Muzny, 11403 IH 10 East Mike Dooley, Whitewing Henry Christopher, 713 Contadora Bill VandeBosch, Barshop & Oles Gene Myers, Gem Signs Mark Presner, Ballard & Braughton Engineers . 1. Call to Order/Roll Call Chairman Richmond called the meeting order at 6:31 p.m. and opened the meeting for public hearings. PUBLIC HEARINGS 2. ZC2004-012 Public hearing to rezone 19.009:t 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 reviewed staff comments and stated that the applicant is requesting 19.098 acres be rezoned from RA to GB. The property is situated near the southwest corner of FM 1518 and Ware Seguin Road. The Comprehensive Land Plan calls for this property to be developed as commercial, stating that commercial development should be concentrated at intersections and along major thoroughfares. There is approximately 538- feet of frontage along FM 1518 that the applicant does not own. It is not a part of this request and will remain zoned RA. The applicant proposes an entrance approximately 1,000- feet south of Ware Seguin Road for the Schertz Forest Subdivision. Ten letters of notification were mailed and staff received no responses. Ms. Nichols also mentioned that the applicant was not present. Ms. Bruce inquired about the types of business that would be allowed and whether it would affect her property. . She also inquired about the use of mobile homes on the property. Ms. Madison stated that mobile homes would Minutes Planning and Zoning Commission November 9, 2004 Page I of? not be a permitted use in the GB district and mentioned the typical business allowed in the GB district. Mr. Wallace stated that the permitted uses were listed in the Unified Development Code and asked Ms. Bruce to obtain a copy from staff. . There was no one else present to speak on this request. 3. SUP2004-017 Public hearing to grant a specific use permit to allow a residential use in the General Business (GB) District. The 49.341:t acre tract is located on IH 10 approximately 1,700-feet east of Gray town Road. Applicant: Alan & Barbara Muzny Ms. Nichols reviewed staff comments and stated that in April 2004, the Inspections Department issued a permit for the construction of a residential home in the General Business District (GB). Upon discovery ofthis error, the PlaIlliing Department advised the applicant to apply for a Specific Use Permit to allow a residence in the GB district. The house has been constructed; a certificate of occupancy has not been granted. Ten letters of notification were mailed and staff received no responses. Mr. Armstrong and Ms. Muzny were present to address any questions from the Commission. Mr. Brockman inquired about location of the property. There was no one else present to speak for or against the request. 4. PC2004-058 Public hearing to replat a portion of Lot 1, Block 1 ofthe Mark Roberts Subdivision and establish the Guadalupe River Nursing and Rehabilitation Subdivision. The 4.884:t acre tract is located on FM 3009 approximately 356-feet north of Borgfeld Road. The property is zoned General Business (GB) Applicant: Vickrey & Associates, Inc. . Ms. Nichols reviewed staff comments and stated that the Planning and Zoning Commission approved the preliminary plat on 9/28/04. A replat is required now that the applicant has purchased the property for the drainage easement from Mr. Roberts and Mr. Claypool. Due to Mr. Roberts' property being platted, this replat was necessary. Please also note that the applicant has agreed to make the drainage improvements and construct the masonry wall. The replat meets the requirements of the Unified Development Code and staff recommends approval. Mr. McNealy stated that the replat was necessary to plat the off-site drainage area acquired from Mr. Roberts. Mr. Dooley voiced concerns regarding the eight-foot masonry fence, access to the property and drainage issues. There was no one else present to speak for or against the request. 5. PC2004-056 Public hearing to replat Schertz Industrial Park, Block 2, Lots 1 and 2 and establish Schertz Industrial Park, Block 2, Lot 1R. The purpose of the replat is to plat two lots into one. The property is located at the southeast corner of Bell North Drive and Doerr Lane. Applicant: OBR Metal Fab, Inc. . Ms. Nichols reviewed staff comments and stated that upon receipt of this application, staff initiated the public Minutes Planning and Zoning Commission November 9, 2004 Page 2 of7 hearing by publishing and mailing the notice. Upon further review of the application, it was noted that the applicant had supplied the incorrect lots to be replatted. Because this public hearing was published, it must be conducted, but the request has been cancelled. This item was re-notified correctly and the public hearing will be conducted at the November 23rd Planning and Zoning meeting. . There being no one else to speak for or against the request, Chairman Richmond closed the public hearings. 6. Reconvene into Regular Session Chairman Richmond reconvened into Regular Session at 6:50 p.m. 7. Citizen Input other than Agenda Items There was no one present to speak. 8. Board of Adjustment Actions: None at this time. No action taken. 9. Code Enforcement Issues Mr. Eaton reviewed the October 2004 Code Enforcement report and stated that 88 notices of compliance were sent and 76 signs removed. The Commission thanked Mr. Eaton and the Building Inspections Department. .0. ZC2004-012 Discuss and take appropriate action to rezone 19.009:t 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. Mr. Richmond asked the applicant, who was now present, what type of businesses would be attracted to this location. Mr. Christopher stated most of the businesses would be neighborhood service in type, but he would like to have professional office, retail, convenience store, etc. Mr. Evans asked about the primary entrance and Mr. Christopher stated that Schertz Forest Drive would be the only entrance to the development off ofFM 1518. Following review and discussion, Mr. Wallace moved to forward this item to City Council with a recommendation of approval. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 11. SUP2004-017 Discuss and take appropriate action to grant a specific use permit to allow a residential use in the General Business (GB) District. The 49.341:t acre tract is located on IH 10 approximately 1,700-feet east of Gray town Road. Applicant: Alan & Barbara Muzny Mr. Wallace asked if the entire 49 acre tract was zoned General Business, and Ms. Nichols stated that only the property adjacent to the IH 10 frontage road was zoned GB. Mr. Evans stated that the application had several exhibits that were different and asked which one was correct. Mr. Richmond asked where the house sits and . how many acres would be included in the request. Ms. Madison stated that the City Attorney has reviewed the Minutes Planning and Zoning Commission November 9, 2004 Page 3 of7 application and that it was modified for only the 5 acres where the house sits. . Following review and discussion, Mr. VanDine moved to forward this item to City Council with a recommendation of approval for a specific use permit on only 5 acres. Mr. Wallace seconded the motion. Voting Aye: Mr. Richmond, Mr. Haddock, Mr. Van Dine and Mr. Wallace. Voting Nay: Mr. Evans. Motion carried. 12. PC2004-058 Discuss and take appropriate action to replat a portion of Lot 1, Block 1 of the Mark Roberts Subdivision and establish the Guadalupe River Nursing and Rehabilitation Subdivision. The 4.884:t acre tract is located at FM 3009 approximately 356-feet north of Borgfeld Road. The property is zoned General Business (GB) Applicant: Vickrey & Associates, Inc. Mr. Richmond stated that all drainage easements will be owned and maintained by the applicant, and that access to the property will be off ofFM 3009 and Silver Tree. Mr. Richmond stated that cut-through traffic would not likely occur. Mr. McNealy stated that the applicant would construct a fence along the adjacent properties that meets the Unified Development Code requirements and would be maintained by the applicant. Following review and discussion, Mr. Haddock moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 13. PC2004-059 Discuss and take appropriate action on a request for revised final plat approval of the Hampton Inn Corridor Subdivision. The 2.322:t acre tract is located at the southeast quadrant of IH 35 frontage road and Corridor Loop Road. The property is zoned General Business (GB) Applicant: Corridor Hotel, L TD . Ms. Nichols reviewed staff comments and stated that this item was withdrawn from the October 25, 2004 agenda in order for the applicant to meet with staff on a few issues. Those issues have been resolved. The plat reflects the changes in the sanitary sewer easement. Staff recommends approval. Mr. VandeBosch stated the exhibit shows a 2.635 acre tract, which includes the egress/ingress easement, and he would submit a corrected plat to staff. Following review and discussion, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 14. PC2004-057 Discuss and take appropriate action on a request for preliminary plat approval of the Associate Drive Extension. The 2.075:t acre tract provides right-of-way for the extension of Associate Drive. Applicant: Carter & Burgess, Inc. Ms. Nichols reviewed staff comments and stated that this right-of-way plat shows the extension of Associate Drive, a length of over 1,500- feet. The applicant has worked with staff and will provide a temporary turn- around for emergency vehicles. This preliminary plat meets the Unified Development Code requirements and staff recommends approval. . Minutes Planning and Zoning Commission November 9, 2004 Page 4 of7 Following review, Mr. Wallace moved to approve the request. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. .15. SV2004-017 Discuss and take appropriate action for a variance to Unified Development Code, Article IX (Signs) for Texas Tack and Trailer. The request is a variance to exceed the requirements for wall signs. Applicant: Texas Tack and Trailer Ms. Nichols reviewed staff comments and stated that the site plan with signage was approved by the Commission at their 1/13/04 meeting. The Commission approved a ISO-square foot pole sign 50-feet in height and a 48-square foot wall sign. The applicant has modified his request and is asking for a variance for the following: SIGN SIGN ORDINANCE REQUEST VARIANCE Logo wall sign 1 sign 100.8 square feet 50.8 square feet 50 square feet maximum Service wall sign 1 sign 37 square feet 2nd sign 50 square feet maximum 37 square feet Parts wall sign 1 sign 29.7 square feet 3rd sign 50 square feet maximum 29.7 square feet Total Variance 2 additional wall signs 117.5 additional square feet . Mr. Myers stated that the approved pole sign would not be constructed at this time and that the applicant would be phasing the signage. The first being the main logo sign, followed by the sales/service/parts sign. He stated that the building looks plain and that the signage would give the business some visibility. Mr. Richmond stated that signage was approved with the site plan and asked the applicant what was the hardship. Mr. Myers stated visibility was the issue and that the larger logo sign would attract attention. Mr. Haddock inquired if the logo sign was twice as big as previously approved, and Mr. Myers stated yes. Mr. Wallace asked when the pole sign would be erected, and Mr. Myers stated that he didn't know. Mr. Wallace asked staff if a variance could be partially approved, and Ms. Madison stated yes. Following review and discussion, Mr. Haddock moved to approve a variance for the logo wall sign not to exceed 100.8 square feet in total size. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. Mr. Richmond stated that the other signage being requested was disapproved. 16. PC2004-055 Discuss and take appropriate action for site plan approval of Lot 6, Block 1 of the Wal-Mart Supercenter. The 2.983:t acre tract is located at the southeast corner of FM 3009 and Four Oaks Lane. The property is zoned Manufacturing District-Light (M-1). Applicant: Ballard & Braughton Engineering . Ms. Nichols reviewed staff comments and stated that the site shows 25,438 square feet in retail/restaurant/bank center. Staff has worked via maille-mail/phone with the applicant, and has tried to meet with the applicant in person. The applicant has chosen not to meet with staff. The site plan does meet the Unified Development Minutes Planning and Zoning Commission November 9, 2004 Page 5 of7 Code standards. . Mr. Presner, Ballard & Braughton Engineers, was present to address the Commission. Mr. Evans voiced concerns regarding the symbols not being identified, and Mr. Presner stated that was an error that would be corrected. Mr. Evans also stated that this tract only had one dumpster and that was inadequate for the site. Mr. Presner stated that all four businesses would be sharing the dumpster. The Commission stated that a restaurant would be required by the Building Official to have its own dumpster Mr. Wallace voiced concerns about the trees, and Ms. Nichols stated that the trees have been distributed throughout the site. Mr. Wallace read the ordinance and stated that the ordinance intended for the trees to be along the street frontage. Mr. Evans stated that the majority of the property is zoned M-l and voiced concerns about the uses allowed in that district. Mr. Richmond stated that undesirable businesses could be allowed in this development. Mr. Presner stated that the deed restrictions imposed by W al- Mart would not allow that to happen. Mr. Richmond asked for a copy ofthe restrictions. Ms. Madison stated that staff would be initiating a zoning to rezone the area on FM 3009 from IH 35 to its northern city limits to a proposed GB-2 district. The Commission also voiced concerns regarding screening for the restaurant drive-thru area, circulation within the development, signage and firelanes. Following review and discussion, Mr. Haddock moved to approve the request subject to a dumpster being located for the proposed restaurant. Mr. Van Dine seconded the motion. Voting Aye: Mr. Haddock and Mr. Van Dine. Voting Nay: Mr. Richmond, Mr. Evans and Mr. Wallace. Motion failed. The site plan was disapproved. . 17. Discuss and take appropriate action regarding zoning in Schertz Ms. Madison stated that City Council had asked the Commission to review and make a recommendation regarding the George Gutierrez tract currently being requested to be rezoned to General Business for a mini warehouse facility. In keeping with the Commission's policies and practices, Neighborhood Services has been the primary commercial zoning that has been allowed on FM 3009. Ms. Madison stated that she is currently negotiating with the property owners to rezone the fronts of their properties to NS and the remainder stay as R- 1. Following review and discussion, Mr. Wallace moved to forward to City Council a recommendation to expand the Neighborhood Services zoning along FM 3009 consistent with other Neighborhood Services zoning. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 18 Update and discussion of the Belmont Park development on Old Wieder stein Road. Ms. Madison provided the Commission follow-up of development on Old Wiederstein Road. She stated that an e-mail was sent to staff and the Commission from Ms. Susan Schaezler regarding the recent rains and that this development was flooding her property. Ms. Madison stated that the City Engineer has reviewed the drainage plans and that the water was retained and released appropriately. She also stated that the development has met the requirement of the TCEQ. Mr. Wallace stated that he has seen heavy equipment on Old Wiederstein Road, and Ms. Madison reminded the Commission that there is other development in the area which could be using the road. . Minutes Planning and Zoning Commission November 9,2004 Page 6 of7 19. EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.071. Discussion of applicants to fill a vacancy on the Planning and Zoning Commission. . Mr. Richmond stated that the Commission did not go into executive session at its last meeting due to not having full attendance by its entire membership. Mr. Van Dine stated that he would not want to go into executive session without Mr. Sommers being present. Following discussion, Mr. Wallace moved to go into Executive Session at 8:47 p.m. to deliberate filling a vacancy on the Planning and Zoning Commission. Mr. Haddock seconded the motion. Voting Aye: Mr. Richmond, Mr. Evans, Mr. Haddock and Mr. Wallace. Voting Nay: Mr. Van Dine. Motion carried. 20. Any action, if any, on Executive Session The Commission reconvened into Regular Session at 9:14 p.m. Mr. Richmond and Mr. Van Dine stated that everyone needs to be present to vote. Mr. Evans stated that he would not be present at the next meeting, which could hold up this process for some time. Mr. Wallace moved to vote on the top two candidates. Mr. Haddock seconded the motion. Voting Aye: Mr. Evans, Mr. Haddock and Mr. Wallace. Voting Nay: Mr. Richmond and Mr. Van Dine. Motion carried. Mr. Richmond called for a vote. Mr. Van Dine abstained from voting due to Mr. Sommers not being present. Mr. Evans read the votes stating Ms. Robin Tutschke received three of the four votes. . Following review, Mr. Van Dine moved to forward to City Council a recommendation to appoint Robin Tutschke to the Planning and Zoning Commission. Mr. Wallace seconded the motion. Motion carried. Vote unammous. 21. Items by Commissioners and City Staff a. Sign Ordinance Ms. Madison: Stated that staffis in the process of updating the sign ordinance and would like to establish a committee to review the changes. She also stated that staffhad prepared a 2005 Planning and Zoning calendar and asked the Commission to review for action at the next meeting. Mr. Greenwald: With sorrow informed the Commission that Council Member Steve Simonson's son had passed away and the Commission extended their condolences. He also stated that the City had received an award at TML for the water system. 22. Adjournment There being no further business, Mr. Haddock moved to adjourn the meeting at 9:31 p.m. seconded the motion. Motion carried. Vote unanimous. .-'--~.."..,~\~ '"~I !(.i' Mr. Van Dine ri~\2~L . Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission November 9, 2004 Page 7 of7