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07-22-2003 , PLANNING AND ZONING MINUTES JULY 22, 2003 . The Schertz Planning and Zoning Commission convened in Public Hearing on July 22, 2003 at 6:30 p.m. at the Community Center, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice-Chairman Clovis Haddock Gary Wallace Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Misty Nichols, Planning Technician Jonette Ellis, Administrative Assistant Leonard Truitt, Building Official Mark Marquez, City Manager COMMISSIONERS ABSENT Joyce Briscoe William Sommers Keith Van Dine OTHERS PRESENT Robert Brockman, 4505 Grand Forest Albert Burgoon, 289 Maske Road Steven G. Burgoon, 289 Maske Road Ann Stone, 3521 FM 3009 Steve Braha, 306 Ridge Bluff Kermit Harborth 2600 Weil Road Katrina Middleton, 309 Maske Road Kelly Anderson, 309 Maske Road Kathy Rogers-Busch, 501 Aero Avenue Barbara Jo Busch, 309 Maske Road Tricia White, 9823 Copper Way . 1. Call to Order/Roll Call Chairman Richmond called the meeting to order at 6:36 p.m. 16. Items by the Commission and City Staff: FM 3009/IH 35 PID update Ms. Madison asked the Commission to move this item up for the audience to be informed on the Public Improvement District (PID). Mr. Mark Marquez was present to address the Commission and audience and stated that traffic situations at the intersection of FM 3009 and IH 35 have warranted the City taking action to provide a safe intersection. The City met with surrounding property owners and they agreed (7 out of 10) to the proposed re-design of the intersection. Mr. Marquez stated that the City would pay for the costs up-front and each property owner would be assessed for their portion. The total cost being approximately $717,500. The project provides a center median extending from the IH 35 service road south to the southern entrance to the H.E.B. parking lot. The City will install a roadway connecting Corridor Parkway to FM 3009 around the Randolph-Brook Credit Union. A traffic signal will be installed on FM 3009 to provide traffic control. Cross access between businesses will be provided (i.e. between McDonalds, Diamond Shamrock and H.E.B.). Construction is tentatively scheduled to begin January 2004. . Councilman Greenwald stated that this redesign would make that portion of FM 3009 safer and asked for Minutes Planning & Zoning Commission July 22, 2003 Page I of9 " the citizens' patience during construction. PUBLIC HEARING . Chairman Richmond opened the meeting for a Public Hearing. 2. SUP33-03 PUBLIC HEARING for a Specific Use Permit for a manufactured home to be situated on a tract of land located at 309 Maske Road. The property is currently zoned R-2. Applicants: Eber Busch Ms. Madison reviewed staff comments and stated that the City had mailed eight notification letters. One letter was received for the request and no letters were returned against the request. Mr. Brockman inquired about the maximum capacity of occupants for the current building due to the large number of people present for the public hearings. Ms. Madison stated that the maximum capacity for the total building is 301. Mr. Truitt stated the current number of persons present was not in violation of the capacity requirements. Ms. Kelly Anderson, 309 Maske Road, cousin to the applicant was in favor of the request and stated that the family would live on the same property. Ms. Kathy Rogers Busch, 309 Maske Road, stated that an older manufactured home had been torn down and this would be a new home. Ms. Barbara Jo Busch requested this specific use permit be granted to allow her daughter to live on the . family homestead. No one else spoke for or against the request. 3. ZC181-03 PUBLIC HEARING to rezone 14.57:!:: acres situated on the north side of Live Oak Road, approximately 1,400-feet east of Schertz Parkway (Live Oak Place Subdivision). The existing zoning is Residential R-5 and the proposed zoning being for Residential R-6. Applicant: Don McCrary & Associates Ms. Madison stated that twelve letters of notification were mailed. Three letters were returned, two were in favor of the request and one stated nothing. The request is for R-6 zoning allowing for a minimum 7,200 square foot lots. Mr. Charles of 1043 Live Oak Road stated that he thought the property was currently zoned R-2 not R-5. Staff explained the property was zoned to R-5 in 2000. He also stated the property shows access to property at three points and asked if the applicant has acquired the adjacent property to ensure that cross access would be built. Mr. Larry Aiken stated that he had not acquired the adjacent properties, but had been in contact with the property owners. Staff stated that the City and the Planning and Zoning Commission would encourage future development to connect. . Minutes Planning & Zoning Commission July 22, 2003 Page 2 of 9 . . . Ms. Magdalena Pena, 1037 Live Oak, asked the dimensions of lots. Mr. Aiken stated that the typica110t size would be 60-foot by 135-foot. Ms. Pena also asked about the 28-foot buffer along the front of the subdivision and Mr. Aiken stated that the buffer would be bermed with landscape and have a six-foot cedar fence. Ms. Pena's other concerns included one point of access and the 20-foot deep crevice that had been filled in over the 1astfive years. Mr. Aiken stated that the main entrance to the subdivision has been designed with a center island allowing for two cars to travel in either direction. Ms. Madison noted that a preliminary plat had been approved by the Fire Marshal and by the Commission. Mr. Aiken stated that soil testing is being performed on the site and Mr. Truitt stated the City is aware of the landfill and will require soil samples. Mr. Albert Pena, 1035 Live Oak, also spoke of concerns regarding property around the area that has been used for a landfill and also about the gas pipeline extending across the property. Mr. Aiken stated that geotech studies are being performed and that lots in the area of the gas line easement have been extended to assure no structure will be built on the easement. Mr. Albert Burgoon, 298 Maske Road, said that development in the area has caused water damage on his property due to improper drainage and asked that the water be re-routed to avoid his property. Mr. Aiken stated that he would improve the drainage ditch, which would alleviate water on his property. Mr. Aiken also told Mr. Burgoon that the drainage issues have been created by another development. Mr. Evans stated that the Commission is aware of the drainage concern and it will be monitored. Mr. Phillip Doyle, 861 Maske Road, inquired about the fence at the rear of property adjacent to his property. Mr. Aiken stated a finished cedar fence would be installed around the perimeter of the subdivision, which is to be maintained by the homeowners association. Mr. Brockman asked for a clarification on the notification letters returned. Ms. Nichols stated that one letter had been returned without being checked either for or against the request. Ms. Madison informed the Commission that the City Engineer has reviewed the request and recommended approval. Mr. Larry Aiken informed the audience he would be available to answer any questions or concerns. No one else spoke for or against the request. 4. ZC182-03 PUBLIC HEARING to rezone S.4::!: acres situated at the northwest corner of FM 3009 and Green Valley Road. The existing zoning is Office and Professional District (OP) and the proposed zoning being for Neighborhood Services (NS). Applicant: U.B.P. Management Co., Inc. Ms. Madison stated that ten notification letters were sent out and one letter was returned with no comments. Ms. Madison commented that the property is currently zoned Office Professional (OP) and that the applicant has requested Neighborhood Services (NS) zoning. She also stated that the requested zoning could potentially reduce the traffic to the site. Mr. Steve Braha was present and available for questions. Minutes Planning & Zoning Commission July 22, 2003 Page 3 of 9 There being no one else to speak for or against the request, Chairman Richmond closed the Public Hearings. . CLOSE PUBLIC HEARING 5. Convene into Regular Session of the Planning and Zoning Commission Chairman Richmond convened into Regular Session at 7:07 p.m. 6. Board of Adjustment Actions: There are no Board of Adjustment actions scheduled for July. 7. Approval of the Minutes: Consider and take action on approval of the June 24, 2003 and the July 8, 2003 minutes from the Planning and Zoning meetings. Following review and discussion, Mr. Haddock moved to approve the minutes of the June 24, 2003 Planning and Zoning meeting. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. Following review and discussion, Mr. Wallace moved to approve the minutes of the July 8, 2003 Planning and Zoning meeting with a noted correction on agenda item 10. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 8. Citizen Input other than Agenda Items . Mr. Albert Burgoon, 289 Maske Road, addressed the Commission and spoke about surrounding development creating drainage issues on his property. He presented photos of water on his property. Mr. Marquez asked Mr. Burgoon to allow staff to follow-up with his concerns. Mr. Truitt stated he would make a site visit to Mr. Burgoon's property. Ms. Magdalena Pena, 1037 Live Oak, complained that during construction of either a water main or a church in her neighborhood, large trucks hit the brick columns near her driveway and left large tire marks in the ditch in front of her home. Mr. Marquez asked Ms. Pena to submit a letter stating what the damages are and when it happened in order to approach the contractor. Mr. Phillip Doyle, 861 Maske Road, stated a water valve is extended from the ground approximately 4- inches too high and has created a problem when mowing. Mr. Truitt stated the pipe needs to be cut and asked Mr. Doyle to contact him in the office. Mr. Brockman voiced concerns that the City had not prepared for a large group of people to attend the public hearing portion of this agenda and that the room was too small for the number of persons in the building. He also asked staff to have name badges so they can be identified to the audience. Mr. Marquez suggested that public hearings be conducted in Council Chambers. Staff apologized for the limited space. Minutes Planning & Zoning Commission July 22, 2003 Page 4 0[9 . 9. SUP33-03 Consider and take action on an application to grant a Specific Use Permit for a manufactured home to be situated on a tract of land located at 309 Maske Road. The property is currently zoned R-2. Applicants: Eber Busch . Ms. Madison reviewed staff comments with the Commission. Mr. Evans asked whom the specific use permit would be issued to since the permit normally goes to the owner of the property, but a family member has applied for the permit. Ms. Barbara Jo Busch stated that the property is in a family trust, divided equally among all five siblings of the Busch family. Mr. Eber Busch is the executor of the estate and Ms. Busch is a trustee. Ms. Middleton is the daughter of Ms. Busch and requested this item be approved. Following review and discussion, Mr. Wa11ace moved to forward this item to City Council with a recommendation of approval to grant a Specific Use Pennit to Katrina K. Middleton and Armando P. Martinez for a manufactured home. Mr. Haddock seconded the motion. Motion carried. Vote unammous. 10. ZC181-03 Consider and take action on rezoning 14.57:t acres situated on the north side of Live Oak Road, approximately 1,400-feet east of Schertz Parkway (Live Oak Place Subdivision). The existing zoning is Residential R-5 and the proposed zoning being for Residential R-6. Applicant: Don McCrary & Associates . Mr. Wallace inquired about the confusion on the current zoning of the property. Ms. Nichols explained that the property was rezoned July 18, 2000 to R-5, yet the zoning map still reflects the property being zoned R-2. Ordinance No. 00-S-18 was provided in the packet for the Commission. Mr. Evans stated that the Commission could address the issues brought forward at the public hearing when the property is final platted. Chairman Richmond stated that the City doesn't have enough of R-6 zoning and this will provide a good mix of residential. 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. ZC182-03 Consider and take action on rezoning 5.4:t acres situated at the northwest corner of FM 3009 and Green Valley Road. The existing zoning is Office and Professional District (OP) and the proposed zoning being for Neighborhood Services (NS). Applicant: U.B.P. Management Co., Inc. . Minutes Planning & Zoning Commission July 22, 2003 Page 5 of9 Ms. Madison reviewed staff comments and thanked Guadalupe County Commissioner Jim Wolverton for attending the meeting. Commissioner Wolverton has been working with the applicant on the relocation of utilities at the corner of this property, which is owned by the County to be quick-deeded to the developer. Proceeds from the sale will be paid to the City of Schertz. . Mr. Evans voiced concerns about the Traffic Impact Analysis (TIA) stating that the study does not account for all the traffic in the area and noted that school traffic needs to be taken into consideration. Mr. David Allen, MBC Engineers, reported that a level one TIA was conducted for this site. Chairman Richmond noted that Green Valley Road needs to be expanded to account for the traffic from the school and Cibolo residents. He also called for a traffic control device at the intersection of Green Valley Road and FM 3009, and asked for a broader TIA to be performed. Mr. Kermit Harborth stated to the Commission that he has owned the property since 1992 and noted that portions have been sold and developed at Arroyo Verde and Greenshire. He also pointed out that he had given right-of-way for Green Valley Road. He stated that it was his opinion that allowing for NS zoning versus development of Office and Professional would reduce the amount of traffic. Following review, Mr. Haddock moved to forward this item to City Council with a recommendation for approval. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 12. PCS78-03 Consider and take action on a request for site plan approval of the Arroyo Verde Commercial, .' Block 2, Lot C (The Oaks at Green Valley). The property is located at the northwest corner of FM 3009 and Green Valley Road and shows three buildings containing 31,088 square feet of retail space on S.4:t acres. Applicant: D.B.P. Management Co., Inc. Ms. Madison reviewed staff comments, stating that the property allows for four points of access. She also noted that the layout of the development saves the majority of heritage and protected trees. The out parcel on the corner will be incorporated into the development once the utilities have been relocated and the property deeded to the developer from the County. Mr. Evans voiced concerns about the two access driveways off of Green Valley Road and stated that one driveway was too close to the corner and that the curb cut separation doesn't meet code. Ms. Madison and Mr. Truitt reviewed the code and found the site plan to be in compliance with the ordinances. Mr. Evans inquired about the drainage for the property and Mr. David Allen stated that the property would have an underground box culvert system allowing the drainage to flow into the drainage system at the rear of the property. Mr. Wallace inquired about the out parcel and how it would be incorporated into the site. Mr. Braha stated that once the utilities were relocated, the property could develop as a possible bank. Staff noted that a site plan would be required for this site. Mr. Wallace also asked how many tenants would be at the site and Mr. Braha stated 12 to 20. . Minutes Planning & Zoning Commission July 22, 2003 Page 6 of9 . Chairman Richmond expressed concern about the contour of the land along FM 3009 and hoped that the property would maintain the current slope as illustrated by the Greenshire Subdivision and the Methodist Church. Chairman Richmond also asked about the variance the applicant is requesting for trees to be on 50-foot centers instead of 20-foot centers. Mr. Braha stated the property would need to be leveled for exposure to the site. The variance request is also for visibility to the site. The development has retained a great number of trees and additional trees may distract from the existing trees. The Commission also voiced concerns for the proposed signage. Chairman Richmond stated the proposal is for a 21-foot directory sign, yet the PM 3009 Overlay District only allows for a maximum of 18'-7" sign. Ms. Madison stated that staff had interpreted the Unified Development Code differently and stat~d that it was not specific. Mr. Braha agreed to redesign the sign to meet the requirements in the overlay district. The Commission again voiced their concern for the amount of traffic that could be generated with development of this site and asked the applicant to expand the TIA to include traffic from the elementary school. Following review, Mr. Wallace moved to disapprove the request due to a violation of the sign ordinance and the need for an extended Traffic Impact Analysis. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 13. PC581-03 Consider and take action on a request for site plan approval of Walgreen's Subdivision, Block 1, Lot 2 (Little Caesars Pizza). The property is situated on 0.87 acres 334::t feet south of Savannah Drive on FM 3009 and contains one building with 4,800 square feet of retail space. Applicant: Hotchkiss Gardner LLC . Ms. Madison reviewed staff comments and tree mitigation for this property. Mr. Evans noted that the front building line setback in the FM 3009 Overlay District is 50-foot and the plan shows 25-foot. Mr. Ed McNew, Don McCrary & Associates, stated that the building is setback approximately 135-feet and that it was an oversight that will be corrected. Mr. Evans also reminded the applicant that parking could not be placed in the 20-foot landscape buffer. Chairman Richmond inquired about the signage having space for four tenants and asked if they were leased. Mr. McNew stated that Little Caesars and Dutch Boy Cleaners have committed to the location and two other spaces are available. Following review, Mr. Wallace moved to approve the request. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 14. PC578-03 Consider and take action on a request for site plan approval for Parkway Village Shopping Center. The property is situated on 2.45::t acres south of Live Oak Road on Schertz Parkway and contains two buildings with 31,500 square feet of retail space. Applicant: Larry Hunt Properties . Minutes Planning & Zoning Commission July 22, 2003 Page 7 of 9 Ms. Madison reviewed the request and stated that the property is adjacent to the City's complex. Ms. Madison also stated that the applicant has provided a site plan that follows the guidelines for the Schertz . Parkway Overlay District, even though this property is not a part of that district. The applicant has provided stub-outs for future development. Mr. & Mrs. Larry Hunt and Mr. Marcus Nuendorf were present. Mrs. Hunt presented a handout showing typical elevations and examples of designs. Chairman Richmond praised the applicant for providing retail in a viable location. He also stated that the sign would be visible from the road. Mr. Evans voiced a concern about a single entrance off of Schertz Parkway. Following discussion, Mr. Wallace moved to approve the request as submitted. Mr. Haddock seconded the motion. Motion carried. V ote unanimous. 15. PC573-03 Consider and take action on a request to vacate Lot 17 of the Tri County Business Park, Unit 1 and replat the Benevest Subdivision. The request is for 20 industrial lots on 16.73:!: acres located on Tri County Parkway. Applicant: Don McCrary & Associates Ms. Madison reviewed the request stating that the change is to allow for signage at the corners and noted that the name of the street had changed to reflect an existing street adjacent to this property. Following review, Mr. Haddock moved to approve the request. Mr. Wallace seconded the motion. . Motion carried. Vote unanimous. 16. Items by Commissioners and City Staff Ms. Madison thanked Commissioner Wolverton for being at the meeting and for the County Commissioner working with the City of Schertz. Ms. Madison also stated that she would be on vacation July 24th & 25th. Mr. Evans thanked staff for the information provided in the packet regarding subdivision review process. He also asked the date of the next UDC Meeting. Mr. Truitt stated the meeting would be held on August 14, 2003 at 6:00 p.m. and that the Commission had changed the date to the second Thursday each month. Mr. Wallace asked when discussion regarding development along IH 10 would be on a future agenda. Staff stated that it would be placed on the next UDC Meeting. Councilman Greenwald passed out an article from the San Antonio Express News regarding proposed post office closings. He also stated that the Council had attended an open house for the water plant opening in Gonzalez. Chairman Richmond asked for an updated calendar to be placed in the next packet. He also requested an update on the Pulte development sign. Mr. Truitt stated that he would follow-up with Pulte. . Minutes Planning & Zoning Commission July 22, 2003 Page 8 of9 17. Adjournment. . There being no further business, Mr. Wallace moved to adjourn the meeting at 9:19 p.m. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. r\/ , ;~J~\.\-, rf:/i< (:"\..'~ --~ \ Chairman, Planning and Zoning Commission ,.,...... Rtcor ing Secretary, City~f Schertz ( . . Minutes Planning & Zoning Commission July 22, 2003 Page 9 of9