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09-23-2003 PLANNING AND ZONING MINUTES SEPTEMBER 23, 2003 .The Schertz Planning and Zoning Commission convened on September 23, 2003 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 Joyce Briscoe Keith VanDine Clovis Haddock William Sommers Ken Greenwald, ex-officio COMMISSIONERS ABSENT Gary Wa11ace . 1. Call to OrderIRoll Call CITY STAFF Amy Madison, Community Development Director Misty Nichols, Planning Technician Jonette Ellis, Administrative Assistant Leonard Truitt, Building Official Tricia LaRue, Planning Technician Ted Kryger, Inspector OTHERS PRESENT Susan Schaez1er, 19349 Old Wiederstein Don Schaez1er, 19349 Old Wiederstein Lincoln Coderre, 19094 Old Wiederstein Kate Coderre, 19094 Old Wiederstein Bob Mathis, 19120 Old Wiederstein Ernest Joseb, 19018 Old Wiederstein Gilbert Hernandez, 18975 Old Wiederstein Kenneth Self, 19102 Old Wiederstein Linda Reno, 411 Curtiss Tim & Sandy Towey, 129 Richardson Robert Brockman, 4505 Grand Forest Erica Jucknies, Continental Homes Reuben Hernandez, 18967 Old Wiederstein George Smith Don McCrary Larry Fritz Chairman Richmond called the meeting to order at 6:30 p.m. 2. Introduction of New Employees Ms. Madison introduced two new employees: Mr. Ted Kryger, Inspector, Building Inspections Department and Ms. Tricia LaRue, Planning Technician, Planning Department. The Commission welcomed both employees. . Minutes Planning and Zoning Commission September 23,2003 Page I of 8 3. Update and discussion on Code Compliance issues . Ms. Madison reviewed the code compliance report with the Commission. Mr. Truitt was present to address the Commission and stated that the 273 incidences this month keeps the City's one code enforcement officer extremely busy. The Commission asked Mr. Truitt to review the Lutheran Church sign on Schertz Parkway. Mr. Truitt replied that he is working with the owner to bring the sign into compliance. PUBLIC HEARINGS 4. SUP3S-03 Public Hearing on a request for a Specific Use Permit to place three manufactured homes on 10.O:t acres situated in the Doug Campbell Subdivision, Block 1, Lot 1. Applicant: George Smith Ms. Madison reviewed staff comments and stated that four letters of notification were mailed and zero reply cards were returned. No one spoke for or against this request. S. ZC184-03 Public Hearing on a request to rezone 4.O:t acres from Pre Development District (PD) to General Business (GB). The tract is located at the southwest corner of FM 482 and Hubertus Road for a manufacturing facility to fabricate custom awnings and covers. . Applicant: Trico/Shadeports, Inc. Ms. Madison reviewed staff comments and stated that eight letters of notification were mailed with one returned for the request and three against the request. No one spoke for or against the request. 6. SUP36-03 Public Hearing on a request for a Specific Use Permit for a residential dwelling use in the General Business District (GB). The property is located at 205 First Street. Applicant: Larry Fritz! Audio Concepts Ms. Madison reviewed staff comments and stated that ten letters of notification were mailed and no reply letters were returned. Mr. Robert Brockman voiced concerns about the rules of a specific use permit such as time limitations and ownership. He also indicated that the property needs to be properly maintained. Mr. Larry Fritz addressed the Commission and stated that he is the owner of the property, but his son will be running the business and will be living on the property. Mr. Fritz also stated that the property has recentl y been mowed and is being maintained. No one else spoke for or against the request. . Minutes Planning and Zoning Commission September 23,2003 Page 20f8 7. ZC183-03 Public Hearing on a request to rezone 192.48:!: acres from General Business (GB) and Residential-Agriculture (R-A) to General Business (GB) and Residential-5 (R-5). The tract is located between IH 35 and Wiederstein Road, adjacent to the Freeway Manor Subdivision. The request being for 38.2:!: acres GB and 154.3:!: acres R-5. Applicant: Continental Homes of Texas, LP . Ms. Madison stated that 48 letters of notification had been mailed and that eight reply letters were returned in favor of the request, one opposed and three returned undeliverable. Ms. Madison also stated that the applicant would be providing revised exhibits following the Commission's visit to the property. Ms. Susan Schaez1er spoke against the request opposing the development due to the area being a sanctuary for many migratory birds. Ms. Schaez1er presented the Commission photos of the numerous birds that nest on the property. Ms. Schaez1er also presented a petition signed by seventeen property owners along Old Wiederstein Road requesting denial of the request for the following reasons: habitat, drainage, roads, parks, utilities and aesthetics. Mr. Don Schaez1er spoke against the request voicing concerns about how this development will affect the natural habitat and the environment. He asked how the storm water will be detained, how utilities will be brought to the site, and how many trees will be lost with this development and requested a tree survey. Mr. Lincoln Coderre spoke against the request stating that his home was built in the 1950's with large trees in his front yard. Expansion of Wiederstein would require removing the trees bringing the roadway close to his home. He suggested that if the request was approved, that the connection onto Wiederstein . not be made. Ms. Kate Coderre spoke against the request voicing concerns that the development will increase the traffic in the area and would create an unsafe atmosphere for her small children. She also voiced concerns for the wildlife in the area. Mr. Bob Mathis spoke against the request stating that his property is adjacent to the site and currently the drainage from this property is washing away his property. The master plan indicates a detention pond bordering his property and he asked how this would affect his property. He also asked about the status of the lift station currently next to his property. Mr. Gilbert Hernandez spoke against the request stating the City of Schertz is in too much zeal to develop causing noise, debris and too much traffic. Mr. Hernandez stated he is a citizen of Cibolo. Mr. Kenneth Self spoke against the request and voiced concerns about any expansion of Wiederstein would cause him to lose valuable trees. Ms. Erika Jucknies addressed the concerns in the petition and stated that by keeping the trees along Wiederstein with the detention pond will help preserve the habitat. Utilities are currently being discussed with the City of Schertz. She stated that Continental Homes will be dedicating 30-feet of right-of-way. Drainage issues are currently being designed to slow down the current flow and that providing parkland and bikelhike trail would give children a place to play. . Mr. Robert Brockman asked if the subdivision would be gated and Ms. Jucknies replied that it would not. Minutes Planning and Zoning Commission September 23, 2003 Page 3 of 8 . CLOSE PUBLIC HEARINGS There being no one else present to speak for or against the request, Chairman Richmond closed the Public Hearings. 8. Convene into Regular Session of the Planning and Zoning Commission Chairman Richmond convened the meeting into Regular Session at 7:30 p.m. 9. Board of Adjustment Actions: There are no Board of Adjustment actions scheduled for September. 10. Approval of the Minutes: Consider and take action on approval of the August 26, 2003 minutes from the Planning and Zoning meeting. Following review, Mr. Van Dine moved to approved the minutes of the August 26, 2003 Planning and Zoning meeting. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. .1. Citizen Input other than Agenda Items There was no one present to speak. 12. SUP37 -03 Discuss and call for a Public Hearing on a request for a Specific Use Permit for a second residential dwelling unit on one parcel. The property is located at 411 Curtiss. Applicant: Harold and Linda Reno Ms. Madison requested the Commission call for a public hearing for a specific use permit to allow for the applicant to convert a garage into an apartment for her handicapped mother. Mr. Evans asked if the applicant was aware that if approved, the specific use permit would only apply to a family member living in the converted garage and could not be used for rental property. Ms. Linda Reno stated she was aware of the rules. Following discussion, Mr. Van Dine moved to call a Public Hearing for the October 14, 2003 Planning and Zoning meeting. Ms. Briscoe seconded the motion. Motion carried. Vote unanimous. 13. BOA197-03 Discuss and take appropriate action to recommend to the Board of Adjustment a request to encroach ten feet into the 20-foot rear yard setback at 129 Richardson Drive, Greenfield Village, Block 1, Lot 6 to build a 440 square foot workshop. Applicant: Timothy & Sandra Towey . Minutes Planning and Zoning Commission September 23, 2003 Page 4 of 8 Ms. Madison reviewed staff comments with the Commission and stated that the 440 square foot addition . would encroach into the rear property setback by lO-feet. Mr. Evans voiced concerns about the remaining lO-feet of property containing trees and a storage shed. He inquired if widening of Live Oak, at the rear of this property, could cause utilities to encroach onto this property causing the owner to lose the existing trees and shed. Mr. Tim Towey stated he was aware of this situation. Mr. Haddock inquired if there was a driveway in the rear of the property and Mr. Towey stated no. Following discussion, Mr. Van Dine moved to forward the request to the Board of Adjustment with a recommendation of approval to be heard at their October 27, 2003 meeting. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. 14. SUP35-03 Discuss and take appropriate action on a request for a Specific Use Permit to place three manufactured homes on 10.0:1: acres situated in the Doug Campbell Subdivision, Block 1, Lot 1. Applicant: George Smith Following review of staff comments, Mr. Evans questioned the design of the culvert and asked if it will handle the weight of a fire truck. Mr. Don McCrary stated that the culvert had not been studied. Mr. George Smith mentioned that heavy GVEC utility equipment had been driving over the culvert for 20 . years. Mr. Evans also pointed out an error on the exhibit where there was not access to the easement. Mr. McCrary noted the correction would be made. The Commission explained that the specific use permit, if granted, would be for Mr. Smith and his family only. The specific use permit is not transferable. Mr. Smith stated he understood the rules. Following discussion, Mr. Sommers moved to forward the request to City Council with a recommendation of approval. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 15. SUP36-03 Discuss and take appropriate action on a request for a Specific Use Permit for a residential dwelling use in the General Business District (GB). The property is located at 205 First Street. Applicant: Larry FritzI Audio Concepts Mr. Evans reviewed with the applicant that by granting the specific use permit it would not be transferable and doesn't apply if the business is sold. Mr. Larry Fritz agreed that he understood the process and stated that his son will be the only occupant. Following discussion, Ms. Briscoe moved to forward the request to City Council with a recommendation of approval. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. .6. PC588-03 Minutes Planning and Zoning Commission September 23, 2003 Page 5 of 8 Discuss and take appropriate action on a request for site plan approval of Audio Concepts and three variances for landscape, parking and signage. The property is located at 205 First Street. . Applicant: Larry FritzI Audio Concepts Ms. Madison reviewed the site plan with the Commission and stated that the application includes three variance requests. Mr. Sommers questioned the need for two building signs. Mr. Fritz stated that there is not enough area in front of the building for the allowable pole sign. Mr. Evans agreed that a pole sign could not be placed in the limited parking area. Mr. Evans did ask the applicant to provide landscaping along FM 78. Mr. Fritz stated he would provide landscaping if TxDOT would allow landscaping within their right-of-way. Ms. Madison stated she would work with the applicant and TxDOT. Following discussion, Mr. Haddock moved to approve the request for the site plan and variances with the stipulation that the landscape along FM 78 be installed with TxDOT approval. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. 17. PC586-03 Discuss and take appropriate action on a request for a Master Plan of the Heitkamp tract containing 192.48:t acres situated between IH 35 and Wiederstein Road. The proposal is for three General Business (GB) lots containing 38.2:t acres, 575 residential lots on 154.3:t acres and 4.9:t acres of parkland. Applicant: Continental Homes of Texas, LP . Ms. Madison reviewed staff comments with the Commission. Ms. Erika Jucknies presented a modified Master Plan showing 575 single-family lots with 49.2% being 5,500 to 7,000 square foot lots and 50.8% being greater than 7,000 square foot lots. Ms. Jucknies stated the plan shows dedication of 30-feet of right-of-way on Wiederstein Road with an additional12-feet to allow for a deceleration lane. A hikelbike trail has been added along the 100-foot utility easement and the 4.9 acre park in the detention pond area will provide open space for the subdivision. Mr. Evans asked if a tree survey had been provided to the City and Ms. Jucknies stated that would be provided at platting. Ms. Jucknies stated that it was Continental Home's objective to preserve as many trees as possible and would review reducing the number of lots to save trees. Tree mitigation will be discussed at the time of platting. Mr. Rick McNealy, Vickrey & Associates, presented a traffic impact analysis (TIA) with focus on the intersections of IH 35/FM 1103, IH 35/ FM 2242 and FM 1103/Wiederstein. He stated that he has been working with Mr. Clay Smith at TxDOT. Mr. McNealy reviewed the traffic pattern for the area and stated that currently the frontage road along IH 35 is a two-way thoroughfare, but once development occurs it will be changed to a one-way thoroughfare. Three entrances to the property (two off the frontage road and one off Wiederstein) provide adequate traffic access. Following review and discussion, Mr. Sommers moved to approve the Master Plan. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. . Minutes Planning and Zoning Commission September 23, 2003 Page 6 of 8 18. ZC183-03 Discuss and take appropriate action for a request to rezone 192.48i: acres from General Business (GB) and Residential-Agriculture (R-A) to General Business (GB) and Residential-5 (R-5). The tract is located between IH 35 and Wiederstein Road, adjacent to the Freeway Manor Subdivision. The request being for 38.2i: acres GB and 154.3i: acres R-5. Applicant: Continental Homes of Texas, LP . Ms. Madison reviewed staff comments and stated that the applicant would be held to the percentages of single-family lot sizes as provided for in the Master Plan. Following discussion, Mr. Sommers moved to forward this item to City Council with the recommendation for approval. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 19. ZC184-03 Discuss and take appropriate action on a request to rezone 4.0i: acres from Pre-Development District (PD) to General Business (GB). The tract is located at the southwest corner of FM 482 and Hubertus Road for a manufacturing facility to fabricate custom awnings and covers. Applicant: Trico/Shadeports, Inc. Ms. Madison reviewed staff comments and stated the request complies with the Comprehensive Land Plan. . Mr. Don McCrary, representing the applicant, stated the proposed site would include a 28,000 square foot facility, which will employ approximately 100 persons. Mr. Richmond and Mr. Evans voiced concerns that this property has been before the Commission for zoning on several occasions and development has not occurred. Mr. Evans suggested placing a time limit on the zoning. Following review, Mr. Van Dine moved to forward this item to City Council with a recommendation for approval subject to the applicant submitting a site plan to the City within six months from the date of zoning approval. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. 20. Items by Commissioners and City Staff a. November 3rd and 1 ih meeting with Alamo Area Council of Governments Ms. Madison: Asked the Commission if they would like to have a joint meeting with Board of Adjustment and Economic Development Commission regarding a presentation from the Alamo Area Council of Governments on Smart Growth. The Commission responded yes. Ms. Madison will set a date. She stated that the September 24, 2003 Unified Development Code Workshop has been cancelled. She also invited the Commission and community to attend and participate in the Schertz Parkway Celebration scheduled for Saturday, September 27,2003 at 9:30 a.m. Mr. Evans: Asked staff not to have any items on the agenda prior to the public hearings (i.e. introductions and code issues) and also asked staff not to make a recommendation on any public hearing issues. Mr. Evans stated that portable buildings have been placed at Paschal Elementary School, which . have not been approved by the Commission. Ms. Madison stated they are temporary and she would check the permit with the Building Official. Mr. Evans reminded the Commission of the AP A Conference Minutes Planning and Zoning Commission September 23, 2003 Page 7 of 8 scheduled for October 1-3, 2003. Ms. Nichols asked the Commission to call for information regarding carpooling. . Mr. Van Dine: Inquired how the Planning Department kept tract of zoning issues and time restraints placed on projects. Ms. Madison stated that staff has a database that is updated regularly. Ms. Briscoe: Asked staff to investigate a sign on a light pole at the Quik Food Mart on FM 3009. Ms. Madison stated that she would forward the information on to the Building Official. Chairman Richmond: Also voiced concerns of staff having the burden of keeping track of deadlines, recordings and time lines placed on projects. Ms. Madison reassured the Commission that databases are updated and new software, currently being developed, will help. Mr. Richmond also asked staff to place an item on a future agenda to review the zoning at FM 3009 at FM 78 and the overlay district for FM 3009 north of IH 35. 21. Adjournment. There being no further business, Mr. Van Dine moved to adjourn the meeting at 10:00 p.m. Ms. Briscoe seconded the motion. Motion carried. Vote unanimous. ((Y~ \2v~J- /1 / / / / 1 . Chairman, Planning and Zoning Commission . Minutes Planning and Zoning Commission September 23, 2003 Page 8 of8