Loading...
04-12-2005 PLANNING AND ZONING MINUTES APRIL 12, 2005 . The Schertz Planning and Zoning Commission convened on April 12, 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 Chainnan Keith VanDine, Secretary Gary Wallace William Sommers Clovis Haddock Roberta Tutschke CITY STAFF Leonard Truitt, Building Official Jonette Ellis, Planning Technician Tom Eaton, Code Enforcement Officer Amy Madison, Community Development Director COMMISSIONERS ABSENT Ken Greenwald, ex-officio OTHERS PRESENT Robert Brockman, 1000 Elbel Road Edward Campos Carey Clark, Sinclair & Associates Charles Plunkett Sylvia Bailiff, Aetna Signs Jeff Brown, Brown Engineering Kathy Strimple, HEB Billy Classen, Carter and Burgess Terrell Miller, Coyle Engineering Ian Cune, Cune Engineering . 1. Call to Order/Roll Call Chairman Richmond called the meeting to order at 6:30 p.m. and opened the meeting for a public hearing. PUBLIC HEARINGS 2. PC2005-0012 Public hearing to replat 21.226:1: acres out of the Tri-County Development Park, Lot 15 and establish the FedEx Freight East Subdivision, Lot 15R. The tract is located on FM 3009, north of Tri-County Parkway. Applicant: FedEx Freight East, Inc. Mr. Truitt reviewed staff comments and stated that the original plat was approved March 1976. The applicant would like to expand their facility and add 2.982 acres for a total of 21.226 acres. Eight letters were mailed out, and the Planning Department received no responses. He also stated that the applicant is proposing a 23,696 square foot expansion to the existing site for additional docking bays and parking spaces. The Planning and Zoning Commission approved the original site plan 7/12/94, which also showed a future expansion. He stated that he has determined that a site plan would not be required for this expansion, but any other additions will require a site plan of the entire facility. Mr. Evans stated that a site plan would be required because the original site plan has expired. Mr. Truitt stated that the site pian expiration would be one year, if development had not begun. . There was no one present to speak for or against the request. Minutes Planning and Zoning Commission April 12, 2005 Page I on . .6. . 3. PC2005-015 Public hearing to replat 2.492 acres out ofthe Tri-County Business and Industrial Park, Block 1, Lot 9 and establish the Boazman Lot lOR Subdivision, Block 1, Lots lOR and llR. The tract is located at the northwest corner of IH 35 and Tri-County Parkway. Applicant: Garden Ridge Land, L.P. Mr. Truitt reviewed staff comments and stated that the Planning and Zoning Commission approved a replat on October 12, 2004, but since then the property owner had decided to sell off a portion of the property, requiring another replat. Three letters were mailed out, and the Planning Department received no responses. He noted that access to the property off of the lH 35 Frontage Road will be provided by one over-sized driveway to be shared by the two lots, plus Enterprise Rent-A-Car. The existing driveway for Enterprise will be closed following the completion of the new driveway and access easement. A 90-foot deceleration lane will also be provided by the applicant. There being no one to speak for or against the request, Chairman Richmond closed the public hearings. 4. Reconvene into Regular Session Chairman Richmond reconvened into Regular Session at 6:35 p.m. 5. Citizen Input other than Agenda Items Mr. Brockman inquired about the cul-de-sac at the end of Savannah Drive for the Savannah Bluff subdivision. He stated that the developer had agreed to provide the cul-de-sac for parents to be able to turn around when dropping off students at the elementary school and asked that the City ask the developer to keep his word. Ms. Madison stated that the staff will follow-up with the developer. Board of Adjustment Actions: None at this time. Mr. Sommers updated the Commission on a new application submitted for a variance. He stated that the Planning and Zoning Commission will review the application on April 26, 2005, and forward a recommendation to the Board of Adjustment. The Board will conduct their public hearing on May 2,2005. 7. Code Enforcement Issues Mr. Eaton reviewed the March 2005 code enforcement report. Mr. Richmond stated that 39 basketball goal notices were a lot of violations, and he suggested to staff the an article about this violation be placed in the next Schertz Tales. Mr. Eaton thanked the Commission for the suggestion. 8. Discuss and take appropriate action to approve the minutes of the March 22, 2005 Planning and Zoning meeting. Following review, Mr. Wallace moved to approve the minutes of the March 22,2005 Planning and Zoning meeting. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 9. PC2005-0012 Discuss and take appropriate action to replat 21.226:t acres out of the Tri-County Development Park, Lot 15 and establish the FedEx Freight East Subdivision, Lot 15R. The tract is located on FM 3009, north of Tri- County Parkway. Applicant: FedEx Freight East, Inc. Mr. Campos and Mr. Clark were available to address the Commission. Mr. Evans again voiced his concerns regarding the expiration of a site plan and stated that the applicant must resubmit Minutes Planning and Zoning Commission April 12, 2005 Page 2 of7 the expansion. Mr. Truitt stated that staff would review the ordinance. Mr. Evans also inquired if the replat should be acted on prior to the site plan, and Mr. Truitt and Mr. Richmond both stated yes. . Following review and discussion, Mr. Wallace moved to approve the request. Ms. Tutschke seconded the motion. Motion carried. Vote unanimous. 10. PC2005-0l5 Discuss and take appropriate action to replat 2.492 acres out of the Tri-County Business and Industrial Park, Block 1, Lot 9 and establish the Boazman Lot lOR Subdivision, Block 1, Lots lOR and 11R. The tract is located at the northwest corner of IH 35 and Tri-County Parkway. Applicant: Garden Ridge Land, L.P. There being no further comments from staff or the Commission, Mr. Haddock moved to approve the request. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 11. PC2005-0l6 Discuss and take appropriate action to approve a site plan for the Boazman Lot lOR Subdivision, Block 1, Lot lOR. The tract is located at the northwest corner ofIH 35 and Tri-County Parkway. Applicant: Garden Ridge Land, L.P. . Mr. Truitt reviewed staff comments and stated that the Planning and Zoning Commission originally approved a site plan for this three-story climate-controlled storage facility with a variance on October 25, 2004. A portion of the property has been sold, therefore needing a new site plan. The new warehouse/office facility has been reduced by 30,240 square feet. 98,300 square feet will be rentable warehouse space and 6,330 square feet will be office space. The previous site plan showed the facility to be gated, and now it will be open to allow access from the adj acent property. The applicant has worked with the adjacent property owner (Starbucks) to provide a landscape buffer between the two facilities. Mr. Truitt also stated that the applicant is requesting a variance for the reduction ofthe required parking spaces by 87 spaces. Previously, the applicant had provided literature regarding parking at storage facilities, and that information was forwarded to the Commission. Mr. Charles Plunkett presented the revised site plan stating that there have been twelve offices removed from the site. He also stated that the building will be constructed of concrete masonry unit (CMU) and they have provided landscape screening between the two sites. He also mentioned that they would be installing a 90-foot deceleration lane, which was not necessarily required by TxDOT, but felt it was needed for safety concerns. Mr. Sommers voiced concern about the drainage at Tri-County Parkway and the lH 35 frontage road. He said the rainwater sheets across the road. Mr. Plunkett stated that a drainage plan has been reviewed by the City Engineer. Mr. Wallace inquired what the parking ratio was for the previous application. Ms. Ellis explained that staff had asked the applicant to provide "real" square footage in lieu of "rentable" square footage. She stated that the Commission had approved a variance for 1 08 parking spaces from the previous request, and now the application is for 87 reduced spaces. Following review and discussion, Mr. Wallace moved to approve the request and granted a variance to reduce the parking spaces by 87. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 12. SV2005-026 Discuss and take appropriate action to grant a variance to the Unified Development Code, Article IX (Signs) for the Boazman Lot lOR Subdivision, Block 1, Lot lOR. The request is to exceed the maximum size requirement for wall signs. Applicant: Garden Ridge Land, L.P. . Mr. Truitt reviewed staff comments and stated that the applicant is requesting a variance to the wall sign requirements Minutes Planning and Zoning Commission April 12, 2005 Page 3 of7 . to exceed the 50 square foot maximum. The actual square footage of the building face is 3,705 square feet. The ordinance reads: 10 percent of building face, up to 50 square feet. Ten percent of the building face would be 370.5 square feet. The applicant is requesting 251.45 square feet (201.45 additional square feet). This is the only signage that will be on the property. Mr. Truitt also noted that the applicant would be allowed a 250 square foot free standing sign, 50-feet high. Ms. Bailiff stated that the applicant was interested in aesthetics and wanted just the wall sign even though a 250 square foot free-standing sign was permitted. She also asked the Commission if they would prefer the sign be back lit or be lit by flood lights. The Commission agreed to the back lighting. Mr. Evans asked if there would be signage on the office doors, and Mr. Plunkett stated that there would only be addresses or suite numbers on the doors and/or windows. Mr. Sommers asked what is the hardship, and stated that the applicant had failed to justify the request. Mr. Van Dine stated that there wasn't a hardship, but the applicant was just negotiating the allowable square footage requirement on certain signs. Mr. Plunkett stated that a free standing sign would impede the sky line and by not having it would be good for the City. Mr. Sommers voiced concerns about possible litigation issues in the future for allowing variance without there being a hardship. Following review and discussion, Mr. Wallace moved to approve the sign variance for25 1 square feet of wall signage in lieu of a free standing sign. Mr. Haddock seconded the motion. Voting Aye: Mr. Richmond, Mr. Haddock, Mr. Wallace, Mr. Evans and Ms. Tutschke. Voting Nay: Mr. Van Dine and Mr. Sommers. Motion carried. 13. PC2005-014 Discuss and take appropriate action to approve a site plan for the Boazman Lot lOR Subdivision, Block 1, Lot 11R. The tract is located at the northwest corner of IH 35 and Tri-County Parkway. Applicant: QC7 Development Services, Ltd. . Mr. Truitt reviewed staff comments and stated that the applicant is requesting site plan approval for a 1,838 square foot Starbucks. Access to the property will be provided off of Tri-County Parkway, and through a cross-access easement with Boazman, access from IH 35. As noted, the existing trees on this lot will remain, and the applicant has provided additional trees and a landscape buffer. The site plan meets the Unified Development Code requirements, and staff recommends approval. Mr. Richmond inquired about the existing trees and architectural feature, but didn't see it noted on the plans. Mr. Brown apologized that the sheet was missing from the packet, but staff had one in the file for the Commission's reVIew. Mr. Evans asked about the signage, and Mr. Brown stated that he was unaware of Starbucks proposal. Following review and discussion, Mr. Haddock moved to approve the request subject to the addition of Sheet SR-3 added to the exhibits. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 14. SV2005-024 Discuss and take appropriate action to grant a variance to the Unified Development Code, Article IX (Signs) for H.E.E. Grocery. The request is to exceed the maximum size requirement for a free-standing sign. Applicant: H.E.E. Grocery Mr. Truitt reviewed staff comments and stated that the Planning and Zoning Commission approved a variance for the existing sign on IH 35 on March 2,2001. He noted any additions to the sign would require an additional variance. The applicant is proposing a 21.57 square foot cabinet for the display of diesel fuel. The height of this portion of the sign (from the ground) will remain the same. . Minutes Planning and Zoning Commission April 12,2005 Page 4 on Ms. Strimple stated that the HEB store and gas service has grown from when the original plan was approved. She stated that diesel services would be a large part of their business. She also mentioned that the wording "pay at the pump" is an important feature. . Mr. Wallace suggested replacing the HEB panel just above the gas prices and using that panel for the gas price. Mr. Sommers stated that there is no hardship due to the applicant having another solution to their problem. Ms. Strimple agreed and withdrew this item for consideration. Mr. Sommers also suggested that the Commission not consider variances until the sign ordinance has been updated. Mr. Richmond stated that the sign committee was currently working on revising the ordinance, but it would take time and staff would have to accept applications for variances during the revision process. The Commission accepted the applicant's withdrawal. 15. SV2005-025 Discuss and take appropriate action to grant a variance to the Unified Development Code, Article IX (Signs) for H.E.B. Grocery. The request is to encroach into the 50-foot setback. Applicant: H.E.B. Grocery Mr. Truitt reviewed staff comments and stated that the applicant currently has a "logo" sign along FM 3009 and that they would like to modify the sign to advertise fuel prices. Originally, the applicant submitted a free-standing sign that meets the requirement of the FM 3009 Overlay District with the exception of encroaching into the 50-foot setback. Staff suggested that the applicant provide a monument-style sign with masonry brick and landscaping to maintain the integrity of the Overlay District. The monument sign exceeds the 90-square foot maximum by 46.94 square feet due to the requirement in the Unified Development Code on how square footage of a monument sign must be calculated. The actual size of the cabinet is identical to the free-standing sign. . Staff suggested three alternatives to consider: 1. Approve the free-standing sign with a variance to encroach 45-feet into the setback. 2. Approve the monument-style sign with two variances: a) encroach 45-feet into the setback, b) exceed maximum size by 46.94 square feet. 3. Approve the free-standing sign 50 feet from the property line. Mr. Richmond voiced his concerns regarding keeping signage to a minimum. He also felt the proposal aggravated the traffic situation. He stated that maximum visibility needs to be retained and suggested moving the sign back. Mr. Sommers voiced his concerns regarding there not being a hardship and that the Commission should not accept any more vanances. Ms. Strimple stated that the requested placement of the sign was critical to allow patrons to view the sign in time to turn safely into the development. Mr. Evans and Ms. Tutschke suggested placing the sign at the entrance where the traffic signal is located, and Mr. Truitt stated that there is too much congestion at that comer. Mr. Wallace inquired about why the variance was required, due to an existing sign within the setback, and Mr. Truitt stated that removing the sign and replacing it would require the variance. Following review and discussion, Mr. Wallace moved to grant a variance to allow a pole sign to encroach 45-feet into the 50-foot setback. Mr. Haddock seconded the motion. Voting Aye: Mr. Richmond, Mr. Haddock, Mr. Wallace, Mr. Van Dine and Ms. Tutschke. Voting Nay: Mr. Evans and Mr. Sommers. Motion carried. . 16. PC2005-010 Minutes Planning and Zoning Commission April 12, 2005 Page 5 on . Discuss and take appropriate action on a request for final plat approval of the Associate Drive Extension. The 2.075:t acre tract provides right-of-way for the extension of Associate Drive. Applicant: Carter & Burgess, Inc. Mr. Truitt reviewed staff comments and stated that the Commission approved the preliminary plat on November 9, 2004. This right-of-way plat shows the extension of Associate Drive a length of over 1,500-feet. The applicant has worked with staff and will provide a temporary turn-around for emergency vehicles. He stated that the plat complies with the requirements of the Unified Development Code and staff recommends approval. Mr. Evans asked if all drainage issues have been addressed, and Mr. Classen stated that he has worked with Ford Engineering and was unaware of any issues. Mr. Wallace asked that the temporary turn-around be shown on the plat. Following review and discussion, Mr. Wallace moved to approve the request subject to a note being added regarding the temporary turn-around for safety concerns. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 17. PC2005-013 Discuss and take appropriate action on a request for site plan approval for the Tri-County Business and Industrial Park Subdivision Lot 8, Block 1, for an office/warehouse building. The property is located at the intersection of Tri-County Parkway and Associate Dr. Applicant: TC II, L.P. Mr. Truitt reviewed staff comments and stated that the 8.575 acre tract shows two buildings that total 166, 714 square feet of office warehouse space. He noted that signage would be submitted at a later date. The site plan complies with the Unified Development Code and staff recommends approval. . Mr. Richmond inquired about the building material and asked that it be placed on the plan. Mr. Miller confirmed that it would be a tilt wall construction. Mr. Evans inquired about the concrete covering the entire lot up to Associate Drive, and Mr. Miller stated that there would a landscape area. Mr. Evans stated that the trees should be along Associate Drive, and Mr. Truitt stated that the ordinance doesn't require the trees be placed along the roadway. Mr. Richmond stated that the intent of the ordinance is to place the trees along the roadway. Mr. Truitt stated that he could not enforce "intent". Following review and discussion, Mr. Wallace moved to table the request to allow the applicant to modify the plans to include: 1) type of material to be used on the structures, and 2) revise the landscape plan to include trees and/or screening along Associate Drive. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. 18. PC2005-017 Discuss a request for Master Plan containing 240 residential and one commercial lots. The tract is situated in the Rafael Garza Survey No. 98 Abstract No. 138, partially in Comal County, Texas and Guadalupe County, Texas. The property is located at the northeast corner of FM 1103 and Chelsea Drive. Applicant: JMLG Holdings, Ltd. (Carlos Sandoval) Mr. Truitt reviewed staff comments and stated that the master plan of the 72.17 acre tract consists of243 residential and one commercial lot. The applicant is requesting an R-7 of which 10.88 acres that will remain commercial. The applicant addressed staff concerns on location of access points to this subdivision; the original submittal showed two points of access on FM 1103. The plan now reflects one access to FM 1103 and one to Chelsea Drive. The private park will be owned and maintained by the HOA. Staff is working with the applicant on additional parkland requirements (i.e., fees in lieu of at half cost for private parkland). The Commission reviewed the master plan with Mr. Cune noting that there was no stub-out into the golf course, the lot . sizes, access off ofFM 1103 and Chelsea Drive, park land, drainage, landscape island and I-foot non-access easement. Minutes Planning and Zoning Commission April 12, 2005 Page 6 on Following review and discussion, the Commission advised the applicant to revise the plans to include a I-foot non- access easement along PM 1103 and to place a landscape island at the entrance of PM 1103. . Discussion only, no action taken. 19. Items by Commissioners and City Staff a. Discussion and review of Permitted Use Chart (in view of time, agreed to postpone to next meeting) Mr. Truitt: Stated that a site plan is null and void after one year if construction has not started. With regards to the PedEx project, he stated that this is an addition previously approved. Mr. Wallace: Asked for a definition of CMU (concrete masonry unit). He also stated that Pat Booker Road in Universal City looks a lot better due to aesthetics, and that Texas Logo signs have been placed on PM 1604. Mr. Evans: Asked Mr. Truitt to investigate a covered patio on a house backing Schertz Parkway between Woodland Oaks and Ashley Place. Mr. Sommers: Asked that staff provide a sign variance report. He also requested that the Commission not grant variances until the sign ordinance has been revised. Mr. Van Dine: Reminded the Commission that they need to be flexible and use common sense when reviewing vanances. Mr. Richmond: Asked staff to review the Riedel's signs and the signs located on PM 3009 (Bracken Village signs). 20. Adjournment . There being no further business, Mr. Haddock moved to adjourn the meeting at 9: 1 0 p.m. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Q"~lVf;v\./~L i/"'t'V,'l~'VV,~i .L Chairman, Planning and Zoning Commission . Minutes Planning and Zoning Commission April 12, 2005 Page 7 of7