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04-08-2003 . PLANNING AND ZONING MINUTES APRIL 8, 2003 The Schertz Planning and Zoning Commission convened in Public Hearing on April 8, 2003 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice-Chair Ken Greenwald, ex-officio Gary Wallace Keith Van Dine William Sommers Joyce Briscoe Clovis Haddock CITY STAFF Leonard Truitt, Acting Planner Amy Madison, Community Development Dir. Misty Nichols, Recording Secretary COMMISSIONERS ABSENT None OTHERS PRESENT Robert Brockman, 4505 Grand Forest Drive Ramon Cook, 913 Dimrock Helen Lammert, 4457 FM 1661, Sagerton TX Gladys Frobese Kunh, 8625 FM 1863, New Braunfels . 1. Call to Order: Chairman Richmond called the meeting to order at 7:00 p.m. Before opening the public hearing, Chairman Richmond swore in Mr. Clovis Haddock as the newest member of the Planning and Zoning Commission. Following the ceremony, Chairman Richmond explained the public hearing process to those attending. 2. Public Hearing: To receive citizen input on a request from Hillstar L TD requesting a Zoning of R-5 Residential, and extending a portion of the General Business (GB) at the frontage of IH 35 North. This 87-acre tract is located on to the West Side of Eckhardt Road, and intersects with IH 35 North, The Tanglewood Subdivision. Mr. Truitt stated that the staff had no comment at this time. He added that there were (7) seven letters sent (1) one returned in favor and (0) were opposed. . Mr. Griffin stated that there will be (4) four park areas in this subdivision with walking trails throughout. Hillstar is also looking at developing Frobese Road, which will extend to Solms Road in the future. He also stated that he contacted TxDOT regarding the access road that is currently two-way. TxDOT assured Mr. Griffin that there aren't any plans to change the access road to a one-way road. Mr. Griffin assured the Commissioners that he had addressed the thought that this still may happen and is developing this subdivision with that in mind. He also explained how Hillstar Ltd has been working with the Public Works Department to extend water and sewer to the site that will also bring the availability of services to others in the area. This will include an additional lift station for processing sewer. The proposed water line will be a (12) twelve-inch main that will be beneficial to the city for future expansion. Planning & Zoning Meeting April 8, 2003 Page 1 of7 Ms. Lammert, at 4487 FM 1661, Sagerton Texas, 79548 asked if Eckhardt Road is going to be improved in any way. She also asked for an explanation of R-5 zoning. Mr. Griffin explained that they would improve half the road. Whomever develops the property on the other side of the property is responsible for that side of the road. Chairman Richmond stated that the R-5 zoning is single-family residential with minimum property lines of 50-feet by 100-feet for a total minimum lot size of 5,000 square feet. Ms. Lammert then asked if Schertz water would be available to other properties. She explained that a few years ago they were told Green Valley water was the nearest water source. Councilman Greenwald stated that this area is in the City of Schertz and will be supplied by Schertz. Mr. Griffin also explained that they are going to develop an 80-foot right-of-way through the subdivision. This road is planned to allow for future expansion in the area. 3. Public Hearing: To receive citizen input on a request from MBC Engineers to rezone a parcel of property fronting Schertz Parkway, next to the Lutheran Church property. The request is to rezone from (GB) General Business to (R-4) Multi-Family Residential for construction of an apartment complex. Mr. Truitt stated this is a request to construct Legacy Oaks Apartments. Seven letters were sent: (1) one returned in favor and (0) were opposed. Mr. Brockman asked how many acres are being rezoned. Mrs. Madison responded that this parcel is 12-acres. 4. Public Hearing: To receive citizen input on a request from Mr. George Smith for a Specific Use Permit at 18711 IH 35N, which is currently zoned Manufacturing, Light industry (M-l). The request is to bring in (3) three manufactured homes for him and his (2) children. Mr. Truitt explained that after this item was put on the agenda, it was made known to city staff that the petitioner was seeking additional professional assistance for his proposal. As a result, the Commission is unable to consider this proposal because all the information is not available. Mr. Evans suggested continuing the public hearing to the May 13, 2003 Planning and Zoning meeting at which time said material would be available to the Commission and the public. Mr. Sommers stated that he did not think this type of action could be taken at the public hearing. He stated he thinks this needs to be reserved for the action. Mr. Evans assured Mr. Sommers and the Commission that this is acceptable to leave the public hearing open until said time. Close Public Hearing: The Schertz Planning and Zoning Commission convened in regular session, after the Public Hearing at 7:29 p.m. 5. Approval of minutes: There were no minutes to be approved at this time. 6. Status of Final Plats: There were no plats to sign or record at this meeting. Planning & Zoning Meeting April 8. 2003 Page 2 of7 . 7. BOA Actions: The next Board of Adjustment meeting will be held on April 21, 2003 at 6:30 p.m. in Council Chambers. 8. Citizens' Input Other than Agenda Items: Mr. Cook asked if this was the place he needed to address concerns with the maintenance of sidewalks and public right-of-ways. Chairman Richmond asked if Public Works has been contacted. Mr. Cook stated that Public Works did not have a specific answer on how these projects are carried out. Mr. Evans stated the concerns for sidewalks and right-of-way issues are discussed at the development stage at the commission. Following approval, the responsibility is with Public Works. Councilman Greenwald stated that council is currently considering an ordinance on the drainage and utility systems; the drainage will include maintenance. The public hearing on this ordinance is to be held on May 2, 2003. Mr. Brockman asked for input on the idea of a new City Hall. He stated that he understands there will be a walk-through of the church property by City Council on Wednesday. He explained how cramped the office space is for the employees in Court and other areas of City Hall. . 9. Discuss and Make Recommendation: On the above request from Hillstar Ltd. requesting to zone 87-acres General Business (GB) and R-5. Mr. Truitt stated that staffhas no comments at this time. Mr. Evans stated that his concern was R-5 residential abutting General Business (GB). This is not something that has been done or considered in the past. He questioned if this is the proper thing to do facing the growth that is forthcoming on IH 35. He questioned putting a three sided triangle against IH 35 that is going to have issues with fencing. He said there could be issues with the type of business that might occupy the space. Ms. Briscoe also stated she has a concern with the General Business being right against residential development. This is a concern she had the last time she looked at this development. Mr. Wal1ace asked if staff has addressed the General Business issue. Mr. Truitt stated that this has been discussed, the concern was trying to keep the residence setback from IH 35. Mr. Evans stated that the concept plan allows housing very close to the highway. We can still take the road though the General Business area. This would create the buffer we are looking for. A good example of this is where Lone Oaks entrance is located between Pizza Hut and the Texaco. . Mr. Griffin stated that the initial plan had homes all the way up to the right-of-way of the highway. After talking with the city staff, the decision was made to bring the homes 300-feet back from the right-of-way. Even though we are requesting rezoning of a portion ofthe property next to the right-of-way, this property is intended for a retention basin and green space, meeting a request from the Planning Department. He explained the detention basin is going to be out of the zoning request, and that homes are not going to be built in this area. Planning & Zoning Meeting April 8, 2003 Page 3 of? Chairman Richmond stated he isn't sure what the scale is, but thinks the Commission's concern is the . homes are starting not too far off the access road, adjacent to the commercial property. There are (2) other lots that are next to the detention pond that are still too close to the access road. Mr. Griffin stated that he understands the concern, however, the property would end up with approximately 16-acres of commercial property at this site. The area is not close enough to a highway exit intersection to require that much demand for commercial. He added the same situation exsists right now backing up to a portion of Eckhardt Road. Mr. Evans stated that he understands that this is going to be a problem either way. He is looking for a good reason to rezone something from GB to R-5 residential. He realizes that drainage issues are not going to go away regardless of the zoning. He asked why the Commission should look at moving houses into GB. Driving up IH 35, he can find car dealerships and other large business that are nowhere near a highway exit. Most likely, there will be a 500-foot buffer on the property. This means there will be houses fenced in between two (2) GB areas. He does not believe that Mr. Griffin has given a good enough reason for the Commission to zone this. Mr. Griffin explained that the property is substantially covered by an electrical easement which will not allow any future commercial to be developed on that portion of the GB property. There are (2) two electrical easements that cross this property. This will be turned into green space and walking trails. Mr. Evans asked for clarification regarding the easement of large power lines that cross this property. Mr. Griffin stated that there are (2) two utility easements that cross the property. Mr. Griffin stated that because of this, there isn't a lot of commercial property that could be used. Mr. Evans asked the width of . easement. Mr. Griffin stated that the easement is 50-feet wide. Mr. Evans stated that other places are larger than 50-feet. Mr. Griffin stated this easement was written many years ago. Mr. Truitt explained that this area has not yet been updated. Chairman Richmond stated that he thought when the master plan was being considered at a previous meeting, he had asked a question from another gentleman representing this development and the answer was unsatisfactory. He asked if there was a good understanding of what R-5 zoning entails. The master plan indicates that the lot sizes are 5,000 square feet minimum, which is correct. The lot depth is 11O-feet minimum and the lot width is 50-feet plus. This becomes greater than 5,000 feet. He then asked if the intentions are that these lots are going to be greater than 5,000 square feet. Mr. Griffin stated that is correct. Chairman Richmond stated that he is interested in a mix of lot sizes greater than (R-5) residential. He then expressed the feeling that we suffer because we don't have a true mix of larger lots. He stated the Commission would be pleased to see that at the time of platting. Mr. Griffin stated that he would keep it in mind, and continued to explain the park space plan that far exceeds city requirements and includes a trail system. Mr. Evans asked the dimensions of the proposed right-of-way. Mr. Griffin stated this would meet the City's requirements of 86- feet. Mr. Van Dine asked if this has General Business next to residential and whether the Commission was going to have problems with the residents resisting the type of businesses that may be developed here. Mr. Evans stated that this is common around the city with Neighborhood Services (NS), and the Planning & Zoning Meeting April 8, 2003 Page 4 of7 . . residential is always setback from the commercial zoning. Mr. VanDine stated that he felt NS would be a more appropriate zoning for this area. Mr. Evans agreed a tire shop like on FM 78 could be built there. His concern is in having houses built right up on the highway. Most of IH 35 is GB. This means that there would be GB on both sides of the homes built in this zoning which has the same 500- feet depth as the rest ofIH 35. Mr. Truitt stated that this is something that staff noticed. There are some situations that limit the development of one corner. He explained that this might not be the most appropriate scenario for that corner, but still he has made the attempt to meet both sides of the issue. Mr. Evans stated that his recommendation is to check the electric easement width before putting all this effort into this project. He may find out later that the easement is 120-feet rather than 50-feet. With no further comments, Mr. Wallace moved to forward the request from Hillstar Ltd to City Council with recommendation of approval. Mr. Van Dine seconded the motion. Voting Aye: Mr. Wallace, Ms. Briscoe, and Mr. Haddock. Voting Nay: Mr. Evans, Chairman Richmond, Mr. Van Dine, and Mr. Sommers. Motion failed by a vote of 4 to 3. . Discussion: Mr. Evans stated that he is not opposed to the development. He is concerned with what this means for the City's future. He brought up the drainage and the power lines crossing the power lines. Mr. Evans' main concern was whether the front of this property had been properly reviewed. Mr. Griffin stated that these issues were addressed with the past Planner and he thought that everything was good to go. Mr. Brockman stated that Mr. Van Dine seconded the motion and then voted against it. Mr. Sommers explained that Roberts Rules of Order allowed the action. 10. Discuss and Make Recommendation: On the above request from MBC Engineers to rezone from General Business (GB) to R-4. Mr. Truitt stated that this property includes the development of a road that will extend through the property. Staff has no comments at this time. Chairman Richmond asked if the proposed road is a divided road. Mr. Truitt stated that it is, and there will be a turn lane at each end. Mr. Evans commented that there are several issues to be looked at such as the entrance off of Schertz Parkway at the curve, and the trees. Otherwise, he has no problems with this project. With no further comments, Mr. Wallace moved to forward the request from MBC Engineers with a recommendation of approval. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 11. Discuss and Make Recommendation: On the above request from Mr. George Smith for a Specific Use Permit. . Chairman Richmond explained this item was continued at the public hearing. Without further discussion, Mr. Sommers moved to table this action item until the May 13, 2003 Planning and Zoning meeting. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Planning & Zoning Meeting April 8, 2003 Page 5 of7 12. Discuss and Take Appropriate Action: On a request from WF Castella and Associates for Preliminary Plat approval of Northcliffe II Unit 2. (PC 569-03) . Mr. Truitt stated that staff had no comments and recommended approval. Mr. Evans asked for clarification on a few items on the plat. Mr. Hannan responded to all questions. No changes needed to be made. Mr. Wallace moved to approve the preliminary plat of North cliffe II, Unit 2. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 13. Discuss and Take Appropriate Action: On a request from Don McCrary and Associates for vacate and replat of Lots 22 & 23 Block 9 in the Jonas Woods Subdivision. (PC 566-03) There being no discussion on this request, Mr. Van Dine moved to approve the replat of Jonas Woods. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. 14. Discuss and take Appropriate Action: On a request from Nuendorf Group for preliminary plat approval of Pecan Street Center, located at the intersection of Pecan Street and Oak Street. (PC 568-03) Mr. Truitt explained that the reasons for not bringing forward the site plan on this property was due to some building placement issues. There was a reminder that a Specific Use Permit (SUP) will be required for these properties because each of these buildings are within the Air Installation Compatible Use Zone (AICUZ). . There were corrections that need to be addressed on the final plat. They are as follows: 1. P&Z signature block needs to be corrected. 2. Note on plat that a Specific Use Permit (SUP) is required for each building. Mr. Wallace moved to approve the preliminary plat. Mr. Van Dine seconded the motion. Voting Aye: Mr. Haddock, Mr. Wallace, Chairman Richmond, Mr. Van Dine, and Mr. Sommers. Voting Nay: Ms. Briscoe and Mr. Evans. Motion carried. 15. Items by Commissioners and City Planner: Mr. Haddock stated he was glad to be on the commission. Ms. Briscoe asked about the minutes. Mrs. Madison stated that staff is working on that issue. Ms. Briscoe asked if the Quix station on FM 3009 and Borgfeld Road was notified of the signs that are not in compliance with our UDC. She also mentioned that she noticed the replacement trees at Walgreen's. Mr. Evans noticed several oak trees dead in the area and questioned whether it could be Oak Wilt. . Planning & Zoning Meeting April 8, 2003 Page 6 of7 , M . Mr. Van Dine mentioned that he did not know that the City Planner was no longer working for the city. Also he asked if it was okay to bring a manufactured home on a piece of property in the RA zoning area. Mr. Truitt responded, "yes". Mr. Wallace had no comments. Chairman Richmond asked if the city has revisited the sidewalk issue at Green Valley Elementary. Mr. Truitt explained that the city is currently working on this issue. Councilman Greenwald stated that the Big Splash had a wonderful turn out. It was a great show and performance. 16. Adjournment: There being no further business, Chairman Richmond adjourned the meeting at 8:45 p.m. ro Nv-Jl ~~ L Chairman, Planning and Zoning Commission . . Planning & Zoning Meeting April 8, 2003 Page 7 of7