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12-09-2003 PLANNING AND ZONING MINUTES DECEMBER 9, 2003 erhe Schertz Planning and Zoning Commission convened on December 9, 2003 at 6:30 p.m. III the Community Center Conference Room, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chainnan Ernie Evans, Vice Chairman Keith Van Dine, Secretary William Sommers Clovis Haddock Gary Wallace Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Director Misty Nichols, Planning Technician Jonette Ellis, Planning Technician Leonard Truitt, Building Official Torn Eaton, Code Enforcement Officer COMMISSIONERS ABSENT Joyce Briscoe OTHERS PRESENT Jerry Mendenhall, 323 Breesport James Russell, 3512 Augusta Glade Corey Keller, 17331 IH 35 Richard Taylor, 6315 Aspen Estates Drive Don McCrary, 323 Breesport Larry Aiken, Austin Bill Hunter, 7054 Pipestone Billy Classen, Carter & Burgess e. Call to Order/Roll Call Chainnan Richmond called the meeting to order at 6:30 p.m. 2. Citizen Input other than Agenda Items Mr. Eaton and Mr. Truitt presented the Code Enforcement report for November 2003 and Mr. Eaton stated that he has been working on sign violations. The Commission voiced concerns for the following signs: container signs along IH 35 and IH 10, Lutheran Church sign on Schertz Parkway and the Atrium Inn sign. Mr. Mendenhall presented preliminary drawing for the GB Bar Subdivision, Unit II and stated that the revisions include additional landscaping, handrails for the drive-thru and revised drainage plans. 3. Board of Adjustment Actions: The Board of Adjustment met on December 8, 2003 and approved the request from Frances Keresztury granting a variance to encroach fifteen feet into the 20- foot rear yard setback, at 101 Will Roger. 4. Approval of the Minutes: Consider and take action on approval of the September 9, 2003 minutes from the Planning and Zoning meeting. . Following review of the September 9,2003 minutes, the Commission advised staff to make the necessary corrections and bring back the minutes at the January 13,2004 meeting. Minutes Planning and Zoning Commission December 9, 2003 Page I of6 5. ZC185-03 Discussion and call for a Public Hearing to rezone a tract of land situated in the G. Malpaz Survey No. 67, Abstract No. 221 containing 63.92:t acres. The property is located on Schertz Parkway approximately 200-feet south of Live Oak Road. The property is currently zoned Residential-2 (R-2). The request is for 62.09:t acres for Residential-5 (R-5) and 1.83:t acres for General Business (GB). Applicant JWD Management Corporation . Ms. Madison reviewed staff comments and stated that the property is currently zoned Residential-2 (R-2). The proposed zoning is (R-5) with a minimum size lot of 5,500 square feet, and includes a small commercial lot with a proposed General Business (GB) zoning fronting on Schertz Parkway. The applicant has indicated that additional deed restrictions will be placed on the commercial property to limit certain uses. The Commission voiced concerns about the size of lots and the proposed General Business zoning along Schertz Parkway. Mr. McCrary and Mr. Aiken stated that codes and convents would restrict the uses in the General Business zoning district. Mr. Aiken also stated that there would be deed restrictions for the residential zonIllg. Following review and discussion, Mr. Van Dine moved to call for a public hearing on January 13,2004. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. .. PC597-03 Discuss and take appropriate action on a request for preliminary plat approval of the Texas Tack and Trailer Subdivision. The 5.0:t acre tract is located on IH 35 approximately 1,000-feet north of Hubertus Road. The property is zoned General Business (GB). Applicant: Don McCrary & Associates, Inc. Ms. Madison reviewed staff comments and stated that TxDOT would not be recommending a deceleration lane onto this property. Following review, Mr. Haddock moved to approve the request. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 7. PC599-03 Discuss and take appropriate action on a request for preliminary plat approval of Shadeports Subdivision. The 4.0:t acre tract is located at the southwest corner of Hubertus Road and FM 482. Applicant: Don McCrary & Associates, Inc. Ms. Madison reviewed staff comments and stated the 4.0 acres are located at the intersection of FM 482 and Hubertus Road. No access will be allowed on FM 482. The City has asked for right-of-way dedication and a deceleration lane/right turn lane on Hubertus. The City is currently working on an . escrow account for Hubertus Road improvements. All developers, including the current applicant on Hubertus Road, will be required to pay a fee according to the total linear feet of property. Minutes Planning and Zoning Commission December 9,2003 Page 2 of6 Mr. McCrary stated that there would be 100 people employed on different shifts. He also stated that a berm would be added along FM 482 with trees. . Following review, Mr. Sommers moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 8. ZC186-03 Discuss and call for a Public Hearing on a request to rezone a 35-acre tract of land out of a 160- acre parcel, located at the corner of FM 3009 and Crest Oak. The property is currently zoned Single Family Residential (R-l). The request is to rezone the property General Business (GB). Applicant: City of Schertz Ms. Madison reviewed staff comments and stated that this 160-acre tract is currently zoned Residential (R -1). A portion of this property is affected by the Public Improvement District (PID) on FM 3009 and the City is requesting that 35 acres fronting the proposed right-of-way be zoned General Business (GB). She also stated that access to this property would be internal. The Commission expressed concerns regarding the General Business zoning and expressed they would like to see Neighborhood Services (NS) along the frontage ofFM 3009. Following review and discussion, Mr. Sommers moved to call for a public hearing on January 13, 2004. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 9. SUP38-03 Discuss and call for a Public Hearing on a request for a Specific Use Permit for a 130-foot communications tower located at the northwest corner of FM 3009 and Live Oak Road (a.k.a Schertz Funeral Home). The property is currently zoned General Business (GB). Applicant: Verizon Wireless . Ms. Madison reviewed staff comments and stated that the request is to place a 130-foot telecommunication tower at 2217 FM 3009 at the rear of the property. The applicant is requesting a variance to the maximum height requirements per recommendation from the City. The additional footage will allow Sprint and Verizon to co-exist on the same tower, eliminating the need for an additional tower for Sprint in another location. This property is the Schertz Funeral Horne, which is zoned General Business (GB). The tower is a stealth tower design, and will be constructed to collapse upon itself. The site will be fenced and gated. She also stated that Staff is working with the applicant on an agreement to move both communications companies to the City's future water tower planned within the next three years. Mr. Richard Taylor with Verizon Wireless stated that service in the area was poor and needs to be improved. He also stated that stealth towers are less effective for the coverage area, but was receptive to the Commission's suggestions. The Commission suggested that the applicant provide several versions of stealth towers for their review. They also advised staff to provide documentation on any lease agreement along with the terms. Following discussion, Mr. Wallace moved to call for a public hearing on January 13,2004. Mr. Haddock . seconded the motion. Voting Aye: Mr. Richmond, Mr. Evans, Mr. Haddock and Mr. Van Dine. Voting Nay: Mr. Sommers. Motion carried. Minutes Planning and Zoning Commission December 9,2003 Page 3 of 6 10. BOA199-03 Discuss and make recommendation on a request for a variance to the rear yard setback of Lot 13, Block 12 of Carolina Crossing, Unit 6 (3612 Augusta Glade). The request is to encroach 6Y2- feet into the rear yard setback to allow for a deck. Applicant: James D. Russell . Ms. Madison reviewed staff comments and stated that the applicant would like to build a 14-foot by 27- foot deck encroaching 6.S feet into the 20-foot rear yard set back. Mr. Russell stated his deck would be elevated due to the topography in his back yard. The Commission voiced concerns for the adjoining neighbors. Following review and discussion, Mr. Sommers moved to forward this item to the Board of Adjustment with a recommendation for approval. Mr. Van Dine seconded the motion. Motion carried. Vote unammous. 11. SV-ll-03 Discuss and take appropriate action on a request for a sign variance for Custom Framing located at 17331 IH 35, Suite 104, GD Bar Subdivision. The variance is for a 61.2 square foot building sign. Applicant: Alpha Properties . Ms. Madison reviewed staff comments and stated that the applicant is requesting to add a logo to the existing sign, which would cause the sign to exceed the SO-square foot maximum allowed. Mr. Corey Keller, representing Just Friends Custom Framing stated that the additional signage is only for the company's logo, which could hopefully attract extra business. Mr. Sommers reminded the Commission that a sign variance for the shopping center was approved exceeding the maximum height and square footage allowed. He also stated that the Commission had warned the developer that additional sign variances would not be granted. Mr. Evans stated that he felt that additional signage would not provide more business for the applicant. Following review and discussion, Mr. Sommers moved to disapprove the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 12. PC611-03 Discuss and take appropriate action on a request for site plan approval of Lot 14, Block 2 of Schertz Industrial Park containing 1.47:t acres with a request for a variance to the sign ordinance for a monument sign. The request shows a 14,400 square foot building with eight tenant spaces. Applicant: Bill Hunter . Ms. Madison reviewed staff comments and stated that the Commission approved this site plan July 9, 2002. The UDC states that an approved site plan is valid for one year from the date approved. Mr. Hunter did not begin construction in the one year time frame therefore he is bringing his site plan back to the Commission for review. The application also includes a sign variance request to exceed the maximum allowed for a monument sign by 11 square feet. Minutes Planning and Zoning Commission December 9,2003 Page 4 of6 . The Commission voiced concerns regarding the landscaping along FM 3009. Mr. Hunter stated that additional landscaping could be added along FM 3009 and agreed to place 5-gallon shrubs along the thoroughfare and to add an automatic irrigation system. Following review and discussion, Mr. Haddock moved to approve the request and grant the sign variance with the following changes to the site plan: 1. The addition of 5-gallon shrubs to be planted along FM 3009 for screening 2. Note stated that an automatic irrigation system will be used. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 13. PC609-03 Discuss and take appropriate action on a request for preliminary plat approval of The Ridge at Scenic Hills, Unit 2A containing 31.906:t acres and 108 single family lots. The property is zoned Residential-5 (R-5). Applicant: Carter & Burgess, Inc. Ms. Madison reviewed staff comments and stated the request consists of 108 residential lots in 31.906 acres. The plat complies with Unified Development Code requirements and staff recommends approval. Following review, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. .4. PC608-03 Discuss and take appropriate action on a request for preliminary plat approval of The Ridge at Scenic Hills, Unit 2B containing 2.450:t acres. The request establishes right-of-way of Country Club Blvd. and Yellow Rose. Applicant: Carter & Burgess, Inc. Ms. Madison reviewed staff comments and stated that the request is an extension of Cherry Tree Drive and establishes Yellow Rose as a street. Mr. Billy Classen stated that Unit 1 only has one connection and this plat will provide two access points for both phases. Following review, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 15. PC610-03 Discuss and take appropriate action on a request to vacate Arroyo Verde, Unit 1, Block 2, Lot 1 and establish O.G.V.P. Ltd. Subdivision, Block 2, Lots 4, 5 and 6. The tract contains 5.4:t acres and is located on the northeast corner of FM 3009 and Green Valley Road. Applicant: MBC Engineers . Ms. Madison reviewed staff comments and stated the property was originally platted December 1998 and the request is to re-plat one lot into three (3) lots. The out parcel is now part of the request because the sales transaction is completed and the relocation of utilities is in progress. Public Works has requested a 16-foot water easement to be added across the northeast boundary of Lot 5 running south between Lot 4 Minutes Planning and Zoning Commission December 9,2003 Page 5 of 6 and S in order to bring water service from FM 3009 to Green Valley Rd. The request meets the guidelines in the Unified Development Code. . Mr. Evans inquired about the tree mitigation and Ms. Madison stated that the applicant has paid tree mitigation fees. Following review, Mr. Van Dine moved to approve the request. Mr. Wallace seconded the motion. Motion carried. Voting Aye: Mr. Richmond, Mr. Haddock, Mr. Van Dine, Mr. Wallace and Mr. Sommers. Voting Nay: Mr. Evans. Motion carried. 16. Items by Commissioners and City Staff Ms. Madison: stated that she has asked Ms. Gail Douglas, Community Services Director to update the Commission on the parks within the City at the second January meeting. She also stated that background checks were being performed for a new planning technician. Ms. Madison also stated that she has spoken with the school district regarding the "Buff' signs in support of the football team's district playoff and she agreed to be lenient as long as the signs are removed in a timely manner. Mr. Wallace: Voiced concerns about the landscape ordinance and the 4-inch requirement for every SO- feet of street frontage. Mr. Wallace asked staff if existing trees were counted towards credit for the requirement and Ms. Nichols stated no. Mr. Wallace stated we might want to give the applicant an option because additional trees may not be required. . Mr. Evans: Stated that Texas Code requires that when businesses file for Chapter 77 their signage stating "going out of business" is only valid for 120 days. Mr. Evans stated that Reidel's is in violation of that code and are performing deceitful trade practices. Mr. Sommers: Voiced his concerns about the aesthetics of cell towers. He also mentioned that cell towers should not be placed in residential areas. Councilman Greenwald: Mentioned the Festival of Angels parade and Christmas in the Park and the large number of citizens attending the events. Mr. Greenwald also invited the Commission to stop by the EMS Department to view the new ambulance. Mr. Richmond: Inquired about the sidewalks along Green Valley Road from Greenshire to Green Valley Elementary. Mr. Richmond also asked about time limits being placed on Specific Use Pennits. 17. Adjournment There being no further business, Mr. Wallace moved to adjourn the meeting at 9:40 p.m. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. f/>, iI, , -I,. j.~ ,.~/',. J llJ li~.v f v '\...----.... ,'v ,....-..." i' JI & L"-,..... - ''-~ Chainnan, Planning and Zoning Commission . Minutes Planning and Zoning Commission December 9, 2003 Page 6 of6