05-24-2005
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PLANNING AND ZONING MINUTES
May 24, 2005
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The Schertz Planning and Zoning Commission convened on May 24, 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 6:35 p.m,)
Roberta Tutschke
Gary Wallace
Tony Wilenchik, ex-officio
CITY STAFF
Nancy McBeth, Planning Director
Leonard Truitt, Building Official
Misty Nichols, Planning Technician
Jonette Ellis, Planning Technician
COMMISSIONERS ABSENT
Clovis Haddock
William Sommers
OTHERS PRESENT
Robert Brockman, 1000 Elbel Road
David Adelman, 146 Charles Road
Eddie McNew, Don McCrary and Associates
Larry Aiken, Land Developer
Tammy Flores, Legacy Oaks Apartments
1. Call to Order/Roll Call
Mr. Richmond called the meeting to order at 6:30 p.m. He then welcomed Ms. McBeth and Mr. Wilenchik to the
meeting.
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Citizen Input other than Agenda Items.
There was no one present to speak.
3. Board of Adjustment actions.
There are no actions at this time.
4. Discuss and take appropriate action to approve the minutes of the April 26, 2005 meeting.
Following review Mr. Wallace moved to approve the minutes for April 26, 2005. Ms. Tutschke seconded the
motion. Motion carried. Vote unanimous.
5. PC2005-013
Discuss and take appropriate action on a request for site plan approval for the Tri-County Business and
Industrial Park Subdivision, Block 1, Lot 8 for a 162,123-square foot office/warehouse facility. The
property is located at the intersection of Tri-County Parkway and Associate Drive.
Applicant: TC II, L.P.
Mr. Truitt reviewed stafT conTInents and stated that the Commission tabled the request at the April 12, 2005
meeting, and asked for the applicant to provide the type of material used on the structure and revise the landscape
plan to include trees and/or screening along Associate Drive. Sixty-three inches of tree are required and the
applicant has provided 84-inches of trees with additional vegetation for screening. A note has been added stating
the building will be of tilt wall construction.
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Minutes
Planning and Zoning Commission
May 24, 2005
Page I of5
The applicant has removed Building "A" from the plan and labeled the space for future development. The area
labeled as "Future Development" will require site plan approval. The site plan complies with the UDC and staff
_ recommends approval.
Mr. Wallace moved to remove the item from the table. Ms. Tutschke seconded the motion. Motion carried. Vote
unammous.
Mr. Evans noted that there is a zero rear yard setback in an industrial zoning. He questioned that the development
shows plenty of car parking although he thinks the intent is to use the parking for tractor-trailers. Mr. Adelman
stated that he is the owner of the property as well as the adjacent property. He mentioned that the 20-foot right-of-
way of car parking would primarily be used for truck parking.
Mr. Richmond asked if the reason for the building being positioned to the rear of the property might be because of
the grading. Mr. Adelman stated that indeed it is, and that the building would not be cost effective if placed any
closer to Associate Drive.
Mr. Richmond stated that he appreciated the landscape plan, looking at Associate Drive being an arterial street in
the industrial area he suggested a berm and additional landscaping. Mr. Adelman stated that in fact he is investing
in older growth trees, and the landscape plan will include additional landscaping.
Mr. Evans clarified that the landscaping is only for this development, that any future development shall have a
separate landscape plan. Mr. Adelman agreed.
Mr. Wallace moved to approve the request. Ms. Tutschke seconded the motion. Motion carried. Vote unanimous.
6.
PC2005-023
Discuss and take appropriate action on a request for master plan approval for the Bindseil Farms
Subdivision. The 29.845-::1:: acre tract contains 124 residential lots located in the northwest quadrant of
Schertz Parkway and Live Oak Road.
Applicant: Hardy & Company, Inc.
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Mr. Truitt reviewed staff comments and stated that the 28.585 ::t acre tract contains 124 residential lots and is zoned
R-5 Garden Homes Dwelling District. The Commission approved the master plan on July 13, 2004. The applicant
has revised the master plan and is requesting approval. Staff met with the applicant and has agreed to provide:
. Two points of access
. A stub out to the adjacent property
. A break away fence on Schertz Parkway at the 30-foot gas easement
The applicant is asking for two exceptions, both of which were approved on the previous master plan:
1. Five foot side yard setbacks
2. Twenty foot front building setback
Mr. Evans asked if the Letter Of Map Revision (LOMR) has been filed, and whether construction can begin
without a LOMR. Mr. McNew stated that the city has submitted the LOMR to the Federal Emergency
Management Administration (FEMA) and is waiting for the final filing, Mr. Truitt stated that construction can
begin on the infrastructure but no buildings will begin construction until the LOMR filing is complete.
Mr. Wallace asked if the adjacent (Mr. Ackerman's) property would have two points of access when, or if, it is
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Planning and Zoning Commission
May 24, 2005
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developed. Mr. Aiken stated that he believes that the city is planning to create a cul-de-sac on Maske Road just
past the Ackerman tract in which case this would give him one point of access onto Maske Road. He stated that he
is aware that the city is not in favor of an island cut on Schertz Parkway. Otherwise he could not speak for the
e adjacent property.
Mr. Evans voiced concerns about the proposed Live Oak Road. He stated that he could not understand how the
road could be taken over the City and Guadalupe Valley Electric Co-Op utility easements, and questioned how the
Windy Meadows development would be affected. Mr. Aiken explained that Mr. McCrary was the engineer for the
Windy Meadows development and was comfortable that the owner would be willing to work with the development
of Live Oak Road.
Mr. Richmond stated that he was concerned that the 30-foot greenbelt/gas easement would not be taken care of by
the Homeowners Association. Mr. Aiken stated that the best solution would be to have double responsibility for
the maintenance of the easement by the pipeline and the Homeowners Association.
Ms. Tutschke asked what property is being traded with the City. Mr. Aiken explained that the he would have to
deed property to the city for the right-of-way and the triangle piece. Bindseil Farms Subdivision would swap the
property and improve the drainage an additional 1 ,OOO-feet.
Following review and discussion, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion.
Motion carried. Vote unanimous.
7.
Discuss and take appropriate action to grant a variance to the Unified Development Code, Article IX
(Signs) for the Legacy Oaks Apartment Development. The request is for the following signs, to be acted
upon individually:
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A. SV2005-039: A variance to grant an additional 24-square foot for a monument sign.
B. SV2005-033: A variance to grant a 10.68 square foot additional free standing sign and encroach
37-feet into the Schertz Parkway Overlay District.
C. SV2005-034: A variance to grant a 32-square foot development sign and encroach 25-feet into
the Schertz Overlay District.
D. SV2005-035: A variance to grant four (4) 3-square foot traffic/snipe signs on the wrought iron
fence along Schertz Parkway in the Overlay District.
E. SV2005-036: A variance to grant a 30-square foot temporary banner sign along Schertz Parkway
in the Overlay District.
F. SV2005-037: A variance to grant two (2) 400-square foot temporary roof banner signs on
Buildings 3 and 10.
Applicant: Legacy Oaks Apartment Homes
Mr. Truitt turned this item over to Ms. Ellis explained that the applicant is withdrawing items "B" through "E" and
only asking for the monument sign variance located in front of the clubhouse. Ms. Flores stated that she wants to
withdraw the requests for the additional sign variances, and she will be applying for an additional monument sign
on Schertz Parkway that will look the same as the sign in front of the clubhouse with the addition of a reader board
to advertise one-bedroom or two-bedroom units available, etc.
Mr. Evans stated that item "A" would be the only item acted on; all other items will be removed.
Mr. Wallace moved to approve the variance request for a 48-square foot monument sign located in front of the
clubhouse. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous.
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Planning and Zoning Commission
May 24, 2005
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8.
ZC2005-016
Discuss and take appropriate action to amend Article III (Zoning Districts and Map), Article IV, Section
5 (Permissible Uses - Land Uses), Article VI, Section 7 and Table VI-A and B (Density & Dimensions) of
the Unified Development Code. (This item was tabled at the April 26, 2005 Planning and Zoning
meeting)
Applicant: City of Schertz
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Mr. Truitt asked to withdrawal this item from the agenda at this time. Staff is not prepared to present the request
which includes two new categories, APZ-l and APZ-2. Staff is still preparing the chart and will present it at a later
meeting for review and discussion.
9. Discuss and take appropriate action on a proposed fee schedule for the Planning Department.
Applicant: City of Schertz
Mr. Truitt reviewed staff comments and stated that staff has researched the current fees for the Planning
Department and has come to the conclusion that an increase in fees is needed. The city engineer fees are
consuming more than we are collecting from the applicant. Weare looking for a balance to cover the costs of the
engineer as well as city staff. In review, staff has found the proposed fees are competitive with surrounding cities.
For instance, based on 25 acres and/or 125 lots fees range from $525.00 to $8,775.00 for a preliminary plat. The
city's current charges are $2,450.00, and we are proposing $2,700, an increase of $250.00. We will also assess a
final plat fee of $500.00 for application and $300.00 for engineer review. The City has already lost over $30,000 in
engineering costs in 2005.
Mr. Wallace asked how does Schertz compare to other cities. Ms. McBeth stated that we are very low. Mr.
Wallace stated that he does not want to penalize the citizens. Mr. Truitt stated that we are only asking for enough
to cover our departmental costs.
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Ms. McBeth stated that she will review our costs and processes, and have a better understanding on how to revise
the fees.
Mr. Wallace moved to approve the draft fee proposal. Mr. Van Dine seconded the motion. Motion carried. Vote
unammous.
10. Items by Commissioners and City Staff
Mr. Richmond: Stated that he has been working for some time with TxDOT which has approved Texas Logos
signage on lH 35 at Exit 175. TxDOT will move some of the existing signs in order to make room for the logo
signs. Texas Logos, Inc. will visit each eligible business and provide them with an application. The completed
applications will determine the number and design ofthe signs Texas Logos will submit to the TxDOT main office
in Austin for approval.
Mr. Evans: Mentioned that there is a storage box on Exchange. Mr. Truitt stated that he would look into the
matter.
Mr. Truitt: Stated the Arroyo Restaurant sign on FM3009 and Elbel Road has been painted white.
Mr. Wilenchik: Stated that he appreciated the opportunity to sit as the liaison for the Planning and Zoning
Commission and hoped that Council will approve.
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Planning and Zoning Commission
May 24, 2005
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11. Adjournment
The meeting adjourned at 7:58 p.m.
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Chairman, Planning and Zoning Commission
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Planning and Zoning Commission
May 24, 2005
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