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08-23-2005 PLANNING AND ZONING MINUTES AUGUST 23, 2005 The Schertz Planning and Zoning Commission convened on August 23,2005 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 Keith Van Dine, Secretary (arrived at 6:40 p.rn.) Clovis Haddock Gary Wallace William Sommers Roberta Tutschke Tony Wilenchik, City Council Liaison CITY STAFF Nancy McBeth, Director of Planning Jonette Ellis, Planning Technician Misty Nichols, Planning Technician COMMISSIONERS ABSENT None OTHERS PRESENT Robert Brockman, 1000 Elbel Road Mark Priestner, 3815 Old Ballard Road, Tyler, Tx Michael Mora, SDI Realty Donald Griffin, Land Development Services 1. CALL TO ORDER Chairman Richmond called the meeting to order at 6:30 p.m. 2. CITIZEN COMMENTS There was no one present to speak. 3. CONSENT AGENDA: Mr. Evans asked that item "A" be pulled from the consent agenda. Ms. Tutschke asked that items "E" and "F" be pulled from the consent agenda. Following review, Mr. Sommers moved to approve consent agenda items "B", "C" and "D". Mr. Wallace seconded the motion. Motion carried. Vote unanimous. B. PC2005-043 Consider and act upon a request for preliminary plat of Old Wiederstein Road. The plat establishes the right-of-way for Old Wiederstein Road from IH 35 south approximately 2,700-feet, then eastto FM 1103. (Applicant: City of Schertz) STAFF COMMENTS: BACKGROUND: The City annexed the roadway December 28,2004. The purpose of the annexation was to control the development and access along Old Wiederstein Road. ANALYSIS & DISCUSSION: The City Engineer, Ford Engineering, has prepared the right-of-way document for the future expansion Minutes Planning and Zoning Commission August 23, 2005 Page 1 of8 of Old Wiederstein Road. The preliminary plat starts the process of determining the best alignment for the thoroughfare, but final determination of the alignment will be based on the civil engineering plans and the right- of-way that will be provided by the adjacent property owners. The plans do show a I-foot non-access easement along the Cibolo city limit border to control access to the roadway. Prior Proiect Review & Action: As discussed, the roadway was annexed into the City in 2004. Right- of-way on a portion of the Old Wiederstein Road has been dedicated by Continental Homes for the Belmont Park Subdivision. Continental improved the roadway by providing a I" overlay along the front of the property and continued the surface west approximately 1,000-feet. Staff Development Review: The City Engineer, Public Works, Fire/Police and Planning Department have reviewed the plat and find it to be in compliance with the Unified Development Code. Legal Issues: Right-of-way issues will need to be resolved with each property owner. Future Issues: The final plat will address the alignment of Old Wiederstein Road and Chelsea Drive at FM 1103. The property owner (Mr. Chinni) has had an opportunity to review the proposed alignment, and city staff will work with each property owners to determine the right-of-way required. Staff Analysis: The plan provides the proposed alignment and the necessary control for access to the thoroughfare. StaffConc1usions: Staff has reviewed all items and found them to be in compliance with the Unified Development Code; therefore, there are no outstanding issues. STAFF RECOMMENDATION: Options: Approve the plan as submitted. Staff Recommendation: Approval. C. PC2005-044 Consider and act upon a request for a preliminary plat of The Ridge at Scenic Hills, Unit 2A. The 32.20:t acre tract is located at the intersection of ill 35 and Country Club Boulevard and contains 108 single- family lots. The property is zoned Pre-Development District (PD). (Applicant: Pulte Homes of Texas, L.P.) STAFF COMMENTS: BACKGROUND: The subdivision is adjacent to the Northcliffe Golf Course. The developer has rebuilt the Northc1iffe/Scenic Hills entrance located on the ill 35 access. The development, when complete, will wrap around the Scenic Hills Subdivision and reconnect to Country Club Boulevard south of Scenic Hills Subdivision. ANALYSIS & DISCUSSION: Unit 2A is 32.20 acres out of a 78.20 acre tract containing six units. · The Planning and Zoning Commission approved the Master Plan on August 27, 2002 with the following conditions: ).> All lots will be greater than 5,000 square feet and will maintain a minimum of 25-foot front building setback line, a 7.5-foot side setback, and a lO-foot rear setback. ).> The entry to the Subdivision will be rebuilt. ).> Proposed parkland will be green space and maintained by the HOA. ).> The developer will provide a good neighbor fence between the existing Scenic Hills Subdivision and this subdivision. · The Planning and Zoning Commission approved this Preliminary Plat December 9, 2003. The plat expired for lack of a Final Plat submittal that was due by June 9, 2004, which is the reason for a new submittal. Prior Project Review & Action: · Public Works and City Engineer have reviewed the construction plans and have no issues with the drainage. Staff Development Review: Minutes Planning and Zoning Commission August 23, 2005 Page 2 of8 · The tree mitigation will need additional review by staff to assess the appropriate fees. The final plat will not be recorded until the tree mitigation fees are paid. · Parkland fees calculated at half rate because the developer has provided private parkland calculated at $12,150 due with submittal of my lars, and prior to recording. Legal Issues: None Future Issues: None Staff Analysis: Not needed Staff Conclusion: Based on the above, staff concludes that the plat meets all requirements of the Unified Development Code as well as the Engineer, Public Works, and Planning Department. STAFF RECOMMENDATION: Options: Approve Staff Recommendation: Staff recommends approval of the Preliminary Plat for The Ridge at Scenic Hills, Unit 2A. D. PC2005-046 Consider and act upon a request for a final plat of Belmont Park, Unit 6. The 21.93:t acre tract is located off ill 35 northeast of the Freeway Manor Subdivision and contains 65 single family lots, two commercial lots, and two green space lots. The property is zoned Residential District-5 (R-5). (Applicant: Continental Homes of Texas, L.P.) STAFF COMMENTS BACKGROUND: This is the 6th unit out of a total of 9 units within this development. The Subdivision was approved for Residential-5 (R-5) zoning with a center-load lot, not the typical zero lot line Garden Home style. ANALYSIS & DISCUSSION: Unit 6 is 21.93 acres out of a 192.5-acre tract. The applicant has worked with staff regarding parkland dedication. The City has concluded that accepting any less than 5-acres for parkland dedication is not practical; therefore, no dedication of parkland will be made to the city. All parks are private and the developer will pay half the parkland fees of $7,312.50 in lieu of dedication for this unit. The City's Master Thoroughfare Plan indicates that a 60-foot right-of-way is required parallel to ill 35 for the dual purpose of acting as: (1) a buffer to the commercial zoning, and (2) a means of better vehicular circulation, since ill 35 is converting most of its access roads into one way streets. Prior Proiect Review & Action: · A master plan of 192.5 acres was approved on September 23, 2003 containing a total of 575 residential lots, and 3 commercial lots. · The Preliminary Plat was approved on June 14,2005 with the condition to label lot 50. · The drainage for this property is being detained in the detention pond and meets all engineering requirements. Staff Development Review: There is no outstanding issue on this project. Legal Issues: None Future Issues: None Staff Analysis: none necessary Staff Conclusions: Based on the above, staff concludes that this plat meets the requirements of the Unified Development Code as well as Engineer, Public Works, and Planning Department. STAFF RECOMMENDATION: Options: Approve Staff Recommendation: Staff recommends approval of the final plat for Belmont Park Unit 6. Minutes Planning and Zoning Commission August 23, 2005 Page 3 of 8 A. PC2005-045 Consider and act upon a request for site plan for Wal-Mart Supercenter, Block 1, Lot 5. The 3.306:t acre tract is located on FM 3009, north ofIH 35. The property is zoned General Business (GB). (Applicant: SDI Schertz 3009, Ltd.) Ms. Ellis reviewed staff comments and provided the Commission with a brief history ofthe development on the adj acent lots. She mentioned that Lot 6 had been revised to accommodate a one-way drive for a bank tenant and also explained that the entrance to the development off ofFM 3009 would be modified to allow for a center turn lane. Mr. Richmond inquired about the signage, and Ms. Ellis stated that the only signage allowed on the site would be wall signage due to a previous variance granted for an oversized tenant sign on the property. Mr. Wallace asked that an error on the landscape plan be corrected: DBH instead ofBDH. Following review and discussion, Mr. Wallace moved to approve the request. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. STAFF COMMENTS BACKGROUND: This site is located directly in front of the Wal-Mart Superstore located on FM 3009 and is the last lot to be developed in the subdivision. The overall square footage of retail space for the entire 34.39 acre site totals 241,138. ANALYSIS & DISCUSSION: The 3.306::1:: acre tract shows a proposed 16,000 square foot retail center and a 2,371 square foot fast-food restaurant (Whataburger). A portion of the property is designated for future development, and is subject to site plan approval. The property provides the following: · Two vehicular accesses from main ingress/egress driveway and access to Lot 7 (Wal-Mart). The site also provides for a future access easement to Wendy's (still pending). · Tree plantings exceed the requirement by 76 inches. · Provides a landscape buffer along FM 3009 to shield the drive-up isle for the fast food restaurant. · Parking requirements exceed the required spaces by 39%, but the owner anticipates possible users that would call for additional spaces. · Provides architectural standards consistent with the area. Prior Proi ect Review & Action: The Planning and Zoning Commission approved the following items on the overall site: Preliminary Plat: Site Plan (Lot 7): Final Plat: 1/13/04 1/27/04 3/9/04 Sign Variance Site Plan (Murphy Oil): Site Plan (Lot 6): 4/27/04 9/28/04 12/14/04 Staff Development Review: The applicant has met with the Public Works and Fire Departments to address any of their concerns. Utilities are being provided in accordance with the Public Works Specification Manual. The Fire Marshal has approved the site for accessibility and fire hydrant locations. Legal Issues: None Future Issues: The City has encouraged the owner to work with the owners of the Wendy's to provide a connection between the properties. Negotiations are continuing and the City is confident of a positive outcome. The 25,000::1:: square foot property designated as future development is still under marketing review by the owner and will be subject to review and approval by the Planning and Zoning Commission. At that time, the City will require that cross access be provided to the Wendy's site. The multi-tenant sign located on Lot 6 was approved with a variance to provide signage for both Lot 5 and Lot 6. Wall signage will be permitted on individual buildings in accordance with the Unified Development Code. TxDOT is currently in the process of reviewing plans to revise the striping for FM 3009 to provide three lanes (center turn lane) from IH 35 to the northern driveway for Broadway Bank. This is a temporary "fix" until plans are approved for the expansion of FM 3009. Minutes Planning and Zoning Commission August 23, 2005 Page 4 of8 Staff Analysis: The site plan has provided the necessary items required by the City and in some cases exceeded the requirement (trees and parking). Access and vehicular circulation is being provided. Staff Conclusions: Staff has reviewed all items and found them to be in compliance with the Unified Development Code; therefore, there are no outstanding issues. STAFF RECOMMENDATION: Options: Approve the site plan as submitted. Staff Recommendation: Approval. E. PC2005-047 Consider and act upon a request for a final plat of Tanglewood Park, Unit 1. The 22.67:t acre tract is located at the intersection of IH 35 and Eckhardt Road and contains 76 single family lots, two commercial lots and two green space lots. The property is zoned Residential District-5 (R-5) and General Business (GB). (Applicant: Hillstar Investments, Ltd.) Ms. Nichols reviewed staff comments and Mr. Evans inquired about the storm water flow and how it would affect Lot 4 of Block 1. Ms. Nichols and Ms. McBeth stated that a drainage study had been completed and reviewed by the City Engineer. Mr. Sommers asked if a note should be added to the plat stating that the lot would not be affected by any drainage, and Ms. McBeth stated that it would not be necessary due to the easement adjacent to the property not being a drainage easement, but a utility easement. Following review, Mr. Wallace moved to approve the request. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. STAFF COMMENTS: BACKGROUND: The 97 -acre tract of land was used for agricultural purposes before Hillstar Investments purchased the property for a residential community. The Subdivision was approved for Residential-5 (R-5) zoning with a center-load lot, not the typical zero lot line Garden Home style. ANALYSIS & DISCUSSION: Unit one is 22.67 acres out of 96.76 are tract. It has a 50-foot electric easement that runs through the subdivision. Mr. Griffin stated that he intends to place a walking trail in this area for the homeowners. The City's Master Thoroughfare Plan indicates that a 60-foot right-of-way is required parallel to IH 35 for the dual purpose of acting as: (1) a buffer to the commercial zoning, and (2) a means for better vehicular circulation, since IH 35 is converting most of its access roads into one way streets. The Commission allowed the 20-foot front yard setback on all streets except for Tanglewood Parkway where the development will maintain a 25-foot front building setback. The side setbacks will maintain 5-foot on each side and lO-foot on corner lots as previously allowed. The development contains a detention pond located between Lots 2 and 3 of Block 7. Public Works and the City Engineer have reviewed the construction plans on the pond and find that this sufficiently takes care of drainage for this development. Prior Proiect Review & Action: · This property was voluntarily annexed into the city in 2002. . Approval of the original master plan expired on January 28,2003 because a preliminary plat was not submitted within 12 months of approval; therefore, a new application was required. . The Commission approved the new master plan containing 411 single-family lots on December 28, 2004. . The Preliminary plat was approved on December 28, 2004; on June 28, 2005 the Commission approved a 2-month extension. Staff Development Review: . The tree mitigation will need additional review by staff for assessment of the appropriate fees. The final plat will not be recorded until the tree mitigation fees are paid. . Parkland fees in the amount of $17,100 are due with submittal of mylars prior to recording. Minutes Planning and Zoning Commission August 23, 2005 Page 5 of 8 Legal Issues: None Future Issues: Public Works and the city engineer are working with the applicant on off-site utilities to provide services to other parcels in the area that may develop in the future. Staff Analysis: Not needed Staff Conclusion: Based on the above, staff concludes that the plat meets all requirements of the Unified Development Code as well as the Engineer, Public Works, and Planning Department. STAFF RECOMMENDATION: Options: Approve Staff Recommendation: Staff recommends approval of the Final Plat for Tanglewood Park Unit 1. F. PC2005-048 Consider and act upon a request for a final plat of Tanglewood, Unit 2. The 8.89:t acre tract is located at the intersection of ill 35 and Eckhardt Road and contains 39 single family lots and one green space lot. The property is zoned Residential District-5 (R-5). (Applicant: Hillstar Investments, Ltd.) Ms. Nichols reviewed staff comments and Ms. Tutschke asked where are Lots 35 through 44 on Block 2. Ms. Nichols replied that they would be in the next unit. Ms. Tutschke asked the applicant when he expected to submit the next unit, and Mr. Griffin responded in approximately four months. Following review and discussion, Mr. Haddock moved to approve the request. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. STAFF COMMENTS BACKGROUND: The 97 -acre tract of land was used for agricultural purposes before Hillstar Investments purchased the property for a residential community. The subdivision was approved for Residential-5 (R-5) zoning with the lots to be center-loaded, not the typical zero lot line Garden Home style. ANALYSIS & DISCUSSION: Unit two is 8.89 acres out of 96.76 are tract. · It has a 50-foot electric easement that runs through the subdivision. Mr. Griffin stated that he intends to place a walking trail in this area for the homeowners. · The City's Master Thoroughfare Plan indicates that a 60- foot right -of-way is required parallel to ill 35 for the dual purpose of acting as: (1) a buffer to the commercial zoning, and (2) a means for better vehicular circulation, since ill 35 is converting most of its access roads into one way streets. · The Commission allowed the 20-foot front yard setback on all streets except for Tanglewood Parkway where the development will maintain a 25-foot front building setback. The side setbacks will maintain 5-foot on each side and 10-foot on corner lots as previously allowed. Prior Project Review & Action: · This property was voluntarily annexed into the city in 2002. Approval of the original master plan expired on January 28,2003 because a preliminary plat was not submitted within 12 months of approval; therefore, a new application was required. · The Commission approved the new master plan containing 411 single-family lots on December 28, 2004. · The Preliminary plat was approved on December 28, 2004 on June 28, 2005 the Commission approved a 2-month extension. Staff Development Review: · The tree mitigation will need additional review by staff and will assess the appropriate fees. The final plat will not be recorded until the tree mitigation fees are paid. · Parkland fees in the amount of $8,775 are due with submittal of mylars prior to recording. Minutes Planning and Zoning Commission August 23, 2005 Page 6 of 8 Legal Issues: None Future Issues: · Public Works and the city engineer are working with the applicant on off-site utilities to provide services to other parcels in the area that may develop in the future. Staff Analysis: None necessary Staff Conclusions: Based on the above, staff concludes that the plat meets the requirements of the Unified Development Code as well as Engineer, Public Works, and Planning Department. STAFF RECOMMENDATION: Options: Staff finds this project to be beneficial to the city. Staff Recommendation: Staff recommends approval of the final plat for Tanglewood Park Unit 2. 4. PUBLIC HEARINGS: There are no public hearings scheduled for this meeting. S. ITEMS FOR INDIVIDUAL CONSIDERATION: A. Consider and act upon canceling the November 22, 200S and the December 27, 200S Planning and Zoning Commission meetings. Ms. McBeth reviewed the updated Planning & Zoning calendar for 2005, noting the exclusion of the second meeting dates for November and December. She stated that the department was still taking applications, but those applications falling on November 22 and December 27 were directed to alternate meeting dates. Following review and discussion, Mr. Haddock moved to accept the revised Planning and Zoning calendar for 2005 and cancel the November 22,2005 and December 27,2005 Planning and Zoning meetings. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. B. Consider and act upon approval of the June 28, 200S and the July 12, 200S Planning and Zoning Meeting minutes. Following review, Mr. Haddock moved to approve the minutes of the June 28,2005 and the July 12, 2005 Planning and Zoning meetings as written. Mr. Van Dine seconded the motion. Voting Aye: Mr. Richmond, Mr. Haddock, Mr. Evans, Mr. Van Dine, Mr. Sommers and Ms. Tutschke. Mr. Wallace abstained. Motion carried. 6. ITEMS FOR DISCUSSION A. Planning Commissioner Comments Ms. Tutschke: Inquired about the interconnectivity between HEB and McDonalds, and Ms. McBeth stated that staff wasn't aware of any progress on the negotiations. Ms. Tutschke also mentioned that motorists are making left turns from Legacy Oaks Drive onto Schertz Parkway. Ms. McBeth stated that staff had reviewed the intersection with the Public Works Director and he determined that this is not a right-turn only intersection. Mr. Evans objected and stated that the Commission had approved the site plan subject to the intersection being a right in/out only. Ms. McBeth stated she would review the situation with Mr. Bierschwale. Mr. Sommers: Stated that the ramp on IH 35 for the southbound exit to Schertz Parkway is very dangerous, that most people on the access road do not yield, and suggested that a mirror be put in place. Minutes Planning and Zoning Commission August 23, 2005 Page 7 of 8 Mr. Wallace: Asked if Continental Homes and D.R. Horton are the same, and Ms. Nichols stated that they are. Mr. Wallace then stated that there is a billboard sign at Old Wiederstein Road and FM 1103. Ms. McBeth informed the Commission that the sign is located in the City of Cibolo. Mr. Richmond: Asked for the results of the Board of Adjustment meeting, and Ms. McBeth stated that the carport request was approved, but the sign variance for IBC Bank was tabled due to the Board requesting additional information. Mr. Richmond updated the Commission on the TX Logo signs along IH 35 for eligible businesses. B. City Council Report Mr. Wilenchik stated that City Council had interviewed seven applicants for the vacant position on City Council, and voted to appoint Mr. John Trayhan to fill the vacancy created by Mr. Simonson. He also mentioned that City Council had interviewed applicants for the City Secretary position, and that they will make their final selection at their August 24,2005 meeting. Mr. Wilenchik also stated that the budget is under review. C. Director's Report Ms. McBeth stated that City Council had the second reading ofthe Unified Development Code amendments for the seven day requirement and the calling for a public hearing requirement. City Council also acted on the Sigma zoning request approving the request, and that Kensington Ranch zoning request would have their final reading of the ordinance on September 6, 2005. Ms. McBeth also mentioned that she is working on updating the Master Thoroughfare plan, and will bring forward the revised plan at a later date. 7. ADJOURNMENT OF THE REGULAR MEETING There being no further business, Mr. Haddock moved to adjourn the meeting at 7:37 p.m. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 8. WORK SESSION The Work Session will be held in the Bob Andrews Conference Room after the Regular Meeting. A. Hold a work session to review the Unified Development Code, Article VII (Special Districts), Section 7 - Planned Unit Development District. The Planning and Zoning Commission met to review the Planned Unit Development District and made suggested revisions. The work session adjourned at 10:00 p.rn. fO~J~~.1 Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission August 23,2005 Page 8 of8