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PZ 06-25-2014PLANNING AND ZONING MINUTES June 25, 2014 The Schertz Planning and Zoning Commission convened on .tune 25, 2014 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice - Chairman Ken Greenwald Bert Crawford, Jr. Richard Brand Michael Dahle Christian Glombik I 11 I CITY STAFF John Bierschwale, Deputy City Manager Brian James, Executive Director Development Charlie Zech, City Attorney Sam Willoughby, Public Works Director Jimmy Hooks, Assistant Public Works Director Larry Busch, Storinwater Manager Lesa Wood, Senior Planner Bryce Cox, Planner t Patti White, Executive Asst. Development OTHERS PRESENT Daniel Ortiz, Brown & Ortiz Wayne Gibson, Murphy USA Yezenia Ortiz, Greenberg Farrow Michele Haussmann, Land Use Solutions Mr. Richmond called the meeting to order at 6:28 P.M. None was required. 3. HEARING OF RESIDENTS Y No one spoke. nvmmffaC .„ A. SUP2014 -002 Hold a public hearing, consider and make a recommendation on a request for a Specific Use Permit to allow a Convenience Store with Gas Pumps at 853 FM 3009 and associated site plan. The property is more specifically described as Lot 2, Block I of the Schertz 3009 Market Subdivision; City of Schertz, Guadalupe County, Texas; generally located on the corner of FM 3009 and Elbel Road. Ms. Wood presented this item by stating that the applicant is requesting a Specific Use Permit to allow a convenience store with gas pumps on approximately 1 acre of land located at 853 FM 3009 and more specifically described as Lot 2, Block 1 of the Schertz 3009 Market Subdivision with associated site plan. The proposed development includes a 1,200 square foot convenience store Minutes Planning and Zoning Commission June 25, 2014 Page I of 6 with twelve (12) gas pumps. The subject property is designed as a pad site adjacent to the Walmart Neighborhood Market which is located at Lot 1, Block I of the Schertz 3009 Market Subdivision. Access to the site will be through two (2) shared driveways along FM 3009 and Elbel Road. The subject property is currently zoned General Business (GB). The subject property is adjacent to the proposed Walmart Neighborhood Market located on Lot 1, Block 1 to the South and West; the Bradzoil Ten Minute Change Station to the east across FM 3009; and a 7- Eleven convenience store with gas pumps located on the northeast corner of FM 3009 and Borgfeld Road. This property and all adjacent properties are designated for commercial uses and zoned General Business (GB) or Neighborhood Services (NS). The applicant is proposing to construct a 1,200 square foot convenience store with twelve (12) gas pumps (Murphy Express) on the approximately 1 acre tract of land. Staff recommends approval of the Specific Use Permit to allow a Convenience Store with gas pumps conditioned upon the following occurring: a) A building permit has been approved within one year of the adoption of the SUP ordinance; and b) The use has begun operation within two years of the issuance of the necessary building permit; and c) TxDOT has issued a driveway permit for the shared driveway on FM 3009 shown on the site plan sheet SP -1. Daniel Ortiz, representing the Applicant, spoke on the convenience store size of 1,200 square feet with six (6) gas islands and twelve (12) gas pumps, and suggested that the existing General Business zoning is compatible with this use. He also commented on the design requirements of adding a cornice on the canopy, stone on the building and over - landscaping with 17 trees on site. Wayne Gibson, representing Murphy USA, stated that his company had scouted the area and they want to be here in Schertz. Mr. Glombik asked if it is Murphy USA or Murphy Express. Mr. Gibson stated that Walmart hasn't approved the Murphy USA site. Mr. Richmond opened the Public Hearing at 6:40 P.M. ® Robert Brockman, 1000 Elbel, spoke on the footage for notification in Greenfield Village. Ms. Wood stated that the requirement is 200 foot for a notice and Greenfield Village is much further than the requirement. Mr. Richmond closed the Public Hearing at 6:42 P.M. Mr. Richmond asked why a Murphy store is proposed in the parking area of the Walmart Neighborhood Market when there is no convenience store at the Murphy facility adjacent to the Super Walmart on I1435. Mr. Gibson stated that Murphy Operations wanted a larger prototype to ensure all For Sale items are inside the store rather than on racks outside the store in the parking lot. Mr. Richmond asked what For Sale items would be inside the store. Mr. Gibson stated that typical items seen in a convenience store would be available for sale. Minutes Planning and Zoning Commission June 25, 2014 Page 2 of 6 Discussion continued between the Applicant and the Commission. Mr. Greenwald moved to approve this item as a recommendation to City Council for the Specific Use Permit with the conditions (a, b, and c notes) as presented in the Staff Report. Mr. Dahle seconded the motion. Vote was 7 -0. Motion carried. B. ZC2014 -008 Hold a public hearing, consider and make a recommendation on a request to rezone approximately 9 acres of land from Planned Development District (PDD) Ordinance 07 -S- 14A and General Business (GB) to Planned Development District (PDD). The property is more specifically described as a portion of the Toribio Herrera Survey No. 68, Abstract No. 153; City of Schertz, Guadalupe County, Texas; generally located five hundred and twenty (520) feet north of the intersection of IH 35 and Schertz Parkway. Ms. Wood presented this item by stating that the applicant is proposing to rezone approximately 9 acres of land from General Business (GB) and Planned Development District (PUD) to Planned Development District (PDD). The request is to rezone the subject property into the existing Verde Enterprise Business Park Subdivision to develop in accordance with the 07 -S -14A PDD with the exception of an adjacent building setback. The Verde Enterprise Business Park Ordinance 07 -S- 14A was approved by City Council on March 6, 2007 to allow a mix of commercial and industrial uses. The subject property is an approximately 9 acres of land that is located five hundred and twenty (520) feet north of the intersection of ]If 35 and Schertz Parkway. The property is currently undeveloped. This 9 acre site contains two tracts of land. • Track 1 is approximately 4.387 acre tract of land zoned Planned Development District (PDD) governed by Ordinance 07- S -14A. • Track 2 is approximately 4.193 acre tract of land zoned General Business (GB). The applicant is requesting to rezone Tract 2 from General Business (GB) to Planned Development District (PDD) and generally to modify the development standards to change the setbacks for buildings from a perimeter lot line or property outside of the PUD from 50' to 20'. With the addition of Tract 2 to the Verde Enterprise Business Park PDD the applicant has provided an update to Ordinance 07 -S -14A Schedule 1 to add Tract 2, Landscape General Open Space Plan, and modify the PUD Utility Layout Exhibit to add Tract 2. Staff recommends approval of the zoning request. Ms. Haussmann, representing the Applicant, gave a presentation by stating the following points: • No residential uses in the area. • Adjacent and surrounding land uses are commercial /industrial. • Proposed uses will be consistent and compatible with the adjacent uses. • Typical building setback between commercial and commercial /industrial = 0 feet. • Proposed building setback of 20 feet significantly more than 0 feet. • GCR Tire Center property is not subject to the 50 foot setback requirement. • In conclusion, City Staff recommends approval, with one response in favor, and no Opposition. Minutes Planning and Zoning Commission June 25, 2014 Page 3 of 6 Mr. Richmond opened the Public Hearing at 7:07 P.M. a Robert Brockman, 1000 Elbel, spoke on his objection to changing the setback. Mr. Richmond closed the Public Hearing at 7:08 P.M. Ms. Wood stated that the UDC currently has a requirement of a "0" lot line between commercial and this request exceeds that requirement. Mr. Crawford asked about the big trees on the site. Ms. Wood stated that the Applicant will have to comply with the City requirements. Mr. Glombik moved to recommend this item to City Council for approval. Mr. Brand seconded the motion. Vote was 7 -0. Motion carried. A. Presentation and discussion on wastewater. Mr. Bierschwale stated that Sam Willoughby, Jimmy Hooks and Larry Busch were available to answer questions from the Commission, and gave a presentation on the following points: • Current and Future Southern Schertz • Existing Liftstations • Sedona WWTP • Master Planned Sewer • Future South Regional Water Reclamation Plant (Sewer Treatment Plant) • Current and Future Northern Schertz • Town Creek Existing Sewer • Town Creek Under Construction Sewer • Town Creek Future Sewer • Southern Schertz Current and Future Wastewater Infrastructure • Southern Schertz Current and Future Wastewater Infrastructure with Subdivisions • Town Creek Sewer Line Project Discussion followed between Mr. Bierschwale and the Commission. B. Presentation and discussion related to Planning and Zoning Commission State Law, Duties and Procedures Mr. Zech gave a presentation on the following points on Zoning Commissions: • Zoning Commissions vs. Zoning Board of Adjustment • Zoning Commission • Performs advisory functions • Develops a comprehensive zoning plan Minutes Planning and Zoning Commission June 25, 2014 Page 4 of 6 • Reviews and reports on amendments to zoning • Focus is usually on large scale planning issues • Zoning is discretionary • Zoning Board of Adjustment • More of an action agency • Deals with issues on a tract -by -tract basis • Quasi - judicial • What is Zoning • What can Zoning regulate • What must Zoning be designed to do • Zoning procedure • Classification Change • Zoning Amendments • Regulatory Change • Specific /Special Use Permits (SUP) • Planned Developments • Comprehensive Plan and its impact • Zoning Pitfalls • Zoning Board of Adjustment Mr. Zech gave a presentation on the following points on Subdivision Regulations: • Basic Land Development Tools — Zoning and Platting • Purpose of Platting Regulations • Plat and Subdivision Authority • When are Plats Required • Authority Responsible for Approval Generally • Delegation of Approval • Approval Procedure • Standards for Approval • Apportionment of Municipal Infrastructure Costs A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. O Mr. Dahle asked if they can continue with lot sizes and septic tank discussions. Mr. James stated that there is a list of items and it will be placed on the list. B. Announcements by Commissioners. Minutes Planning and "Zoning Commission ,tune 25, 2014 Page 5 of 6 Mr. Greenwald asked at the last Commission meeting about the 2 year requirement of taking the Open Meeting Act training, and Ms. Dennis has stated that it's a requirement by the City Secretary office to verify if there are any changes. Mr. Evans stated that he attended a TxDot meeting within the last two weeks, and there is a proposal being entertained which will allow billboards on highways to go up an additional ten feet in height. Mr. Jaynes stated that Staff will add this to our list for research. C. Announcements by City Staffs a None. ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 8:41 P.M. pt (, 1��'��ti� E =`i. ='.•Jc� w- xi.,,e��...g, ;�,. -ti�?,t yj,�'?�lr�'t Chairman, Planning and Zoning Commission Recording: Secretary, City of Schertz Minutes Planning. and Zoning Commission June 25,2014 Page 6oF6