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05-11-2004 PLANNING AND ZONING MINUTES May 11, 2004 .The Schertz Planning and Zoning Commission convened on May 11, 2004 at 6:30 p.m. at the Municipal Complex, Council ChaIllbers, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice Chairman Keith Van Dine, Secretary Clovis Haddock Joyce Briscoe WilliaIll Sommers Gary Wallace Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Director Misty Nichols, Planning Technician Erin Matlock, Administrative Assistant COMMISSIONERS ABSENT None OTHERS PRESENT Robert Brockman, 4505 Grand Forest Mark Roberts, 1205 Borgfeld Rd. Ruth Pack, 1425 Oak St. Ron Coleman, 10721 Gulfdale Brian Kueinski, Canyon Regional Water Authority Billy Classen, Carter & Burgess Rick Me Neely, Vickery & Associates Larry Aiken, JWD Management . 1. Call to Order/Roll Call Chairman Richmond called the meeting to order at 6:30 p.m. 2. SUP2004-001 Public Hearing for a specific use permit for Block 1, Lot 14, in the Schertz Business Park to allow for an office/warehouse facility for a construction company to be located in the Air Installation Compatible Use Zone (AICUZ). The property is located at 132 Commercial Place. Applicant: Forum Construction Company, Inc. Ms. Ruth Pack expressed her concerns about the fencing and also on the type of fence that would be allowed. Ms. Pack also wanted to know if Forum Construction Company would clean up the area. Mr. Richmond stated this would be discussed further, when we get to the formal agenda, there is a provision in the City Ordinance for this matter. Ms. Pack stated that she had discussed this matter with Mr. Ken Anderson, Inspector, and is waiting for his reply. 3. ZC2004-005 Public Hearing to rezone 39.737:t acres from Predevelopment District (PD) to Residential/Agricultural (RA). The property is located south of Borgfeld Road on Gleaming Springs Drive. Applicant: Tim Tabbert and Buford Purser . Minutes Planning and Zoning Commission May 11,2004 Page I of7 No one spoke for or against the request. Chairman Richmond closed the Public Hearing. . 4. Convene into Regular Session Chairman Richmond convened into Regular Session at 6:35 p.m. 5. Citizen Input other than Agenda Items Mr. Mark Roberts stated for the record he had submitted two variance requests on April 26, 2004, and voiced concerns that he was not on the agenda. Ms. Madison stated that Mr. Roberts had turned in two variances; however, these were unintentionally left off the agenda due to misplacement in the office. Mr. Roberts will be placed on the next agenda. Ms. Madison apologized to Mr. Roberts. Following staff review, it was discovered that the application was not received in time for the May 11 th meeting, and it was scheduled for the May 25th agenda. 6. Board of Adjustment Actions There were no Board of Adjustment Actions. 7. Code Enforcement Issues Code Enforcement Officer Torn Eaton gave a report for the month of April 2004 on the enforcement issues for the City of Schertz. Mr. Wallace asked if these code enforcement issues ever resulted in citations. Mr. Eaton stated all code violations were resolved without further action taken. . 8. Approval of the Minutes: Consider and take action on approval of the minutes from the March 23,2004, April 13, 2004 and April 27, 2004 Planning and Zoning meetings. Mr. Wallace moved to approve the minutes of the March 23, 2004 Planning and Zoning Commission meeting, with a correction as follows: Page 4, #3, Reidel's signage to be replaced with "We believe". Mr. Haddock seconded the motion. Motion carried. Vote unanimous. Mr. Wallace moved to approve the minutes of the April 13, 2004 Planning and Zoning Commission meeting, with a correction of spelling on Page 1, #2, to read "plex" instead of flex. Ms. Briscoe seconded the motion. Motion carried. Vote unanimous. Mr. Wallace moved to table the minutes of the April 27, 2004 PlaIlliing and Zoning Commission meeting due to insufficient notes in paragraph (6), primarily statements made between Mr. Haddock and Mr. Van Dine. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 9. SUP2004-001 Discuss and take appropriate action for a specific use permit for Block 1, Lot 14, in the Schertz Business Park to allow for an office/warehouse facility for a construction company to be located in the Air Installation Compatible Use Zone (AICUZ). The property is located at 132 Commercial Place. Applicant: Forum Construction Company, Inc . Minutes Planning and Zoning Commission May 11,2004 Page 2 of7 . Ms. Madison reviewed staff comments and stated the Planning and Zoning Commission approved the site plan on November 25, 2003. The site is located in the AICUZ and Article VII, Section 4 (Special Districts) requires development with the AICUZ to obtain a Specific Use Permit. Twelve letters of notification were mailed out. The Planning Department received no responses to the notice. Mr. Ron Coleman, Forum Construction Company, Inc. addressed the issue of the fence by Ms. Pack. Mr. Coleman stated that he was told the fence in question belonged to the subdivision; however, he would be happy to take it down. Ms. Madison asked Mr. Coleman to contact the City so that she may check to see whose responsibility the fence was and see ifMr. Coleman could remove it. Mr. Evans inquired about how many people would be on site in a normal workday. Mr. Coleman stated between 4 or 5. Mr. Brockman asked why would the City take down a fence without the owner's permission? Ms. Madison stated that the City had a lot of complaints about the fence; however, she will check ownership before any action was taken. Following review and discussion, Mr. Wallace moved to forward this item to City Council with a recommendation of approval. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 10. ZC2004-005 Discuss and take appropriate action to rezone 39.737:t acres from Pre development District (PD) to Residential! Agricultural (RA). The property is located south of Borgfeld Road on Gleaming Springs Drive. Applicant: Tim Tabbert and Buford Purser . Ms. Madison reviewed staff comments and stated that the request is to rezone 39.737 acres from Predevelopment District (PD) to Residential/Agricultural (RA). The exhibit shows seven tracts of land. The request complies with the Comprehensive Land Plan. Three letters of notification were mailed out. The Planning Department received no responses to the notice. Mr. Evans stated that his previous questions about how many houses and large animals would be on the property were answered at the previous meeting, and that he had no further comments. Following review, Mr. Haddock moved to forward this item to City Council with a recommendation of approval. Mr. Van Dine seconded the motion. Motion Carried. Vote unanimous. 11. ZC2004-004 Discuss and take appropriate action to call a public hearing to rezone 693.53:t acres Residential! Agricultural (RA) to 20.91:t acres General Business (GB) and 672.62:t acres Manufacturing District-Light (M-1). The property is located along the IH 10 corridor between the western city limits and Gray town Road. Applicant: City of Schertz Ms. Madison stated that a public hearing was set for May 11, 2004 and May 18, 2004 and both were . cancelled due to one property owner not receiving a notice within the required time frame. For the record, the owner received notice within seven days; however, the State requires II days notification. Staff is in Minutes Planning and Zoning Commission May 11,2004 Page 3 of7 process of starting over. The Commissioners agreed to press forward. Following review and discussion, Mr. Van Dine moved to call a public hearing for May 25,2004. Mr. . Haddock seconded the motion. Motion Carried. Vote unanimous. 12. PC2004-007 Discuss and take appropriate action on a request for a preliminary plat of the C.R.W.A. Interstate 10 Meter Station. The 0.75:t acre tract is located on the IH 10 east access road, approximately 449-feet west of Scenic Lake Drive to the western city limits. Applicant: Canyon Regional Water Authority Ms. Madison reviewed staff comments and stated that Canyon Regional Water Authority will be constructing a meter station for the transmission of water. Mr. Richmond inquired if this is the only location where this can go due to its location on the corner of the proposed future industrial area. Ms. Nichols stated that the water authority already owns the property. Mr. Evans stated that he would be curious to know about how 10ng the authority owned the property, and Ms. Madison said she did not have information available at this time. Mr. Evans also inquired about the large pipe wanting to know if it is for the water line. Mr. Brian Kueinski stated that the black pipe is part of the meter station and is the transmission water main. Mr. Richmond stated that he is still bothered about the ownership. Ms. Nichols stated that the project was underway when Mr. Ron Youngblood was employed, but he did not feel this needed to be platted. When Ms. Madison CaIne on board she stated it needed to be platted. Mr. Kueinski stated that they try to locate . the pipeline on a corner where possible development would not be impeded. Mr. Van Dine asked if the proposed industrial area could tap into the water line, and Mr. Kueinski stated that this is just a transmission line. Following review, Mr. Haddock moved to approve the request. Mr. Wallace seconded the motion. Voting Aye: Mr. Evans, Mr. Van Dine, Mr. Haddock, Ms. Briscoe, Mr. Sommers and Mr. Wallace. Voting Nay: Mr. Richmond. Motion carried. 13. PC2004-016 Discuss and take appropriate action on a request for a replat of the Dietz Subdivision, Block 4, Lot 27 establishing Block 4, Lot 28 of the GH & H Subdivision. The 1.261:t acre tract is situated on FM 78 approximately 140-feet west of River Road. Applicant: Dennis Dietz Ms. Madison reviewed staff comments and stated the Dietz Subdivision was originally platted in July 1984. The replat establishes the GH & H Subdivision. The property is zoned General Business (GB). The replat meets all Unified Development Code requirements. Mr. McNealy stated that the replat increases the size of the lot based on the requirements of the seller. Mr. Richburg stated that Mr. Dietz would maintain the 30-foot easement that buffers Mr. Riedel's land. Following review, Ms. Briscoe moved to approve the request. Mr. Van Dine seconded the motion. Vote . was unanimous. Motion carried. Minutes Planning and Zoning Commission May 11,2004 Page 4 of7 14. . . . PC2004-017 Discuss and take appropriate action on a request for a site plan of the GH & H Subdivision, Block 4, Lot 28, a.k.a. Family Dollar Store. The 9,180 square foot facility is located on 1.261:t acres. The property is zoned General Business (GB) Applicant: Dennis Dietz Ms. Madison reviewed staff comments and stated that the 1.26 acre tract shows a 9,180 square foot facility for the Family Dollar store. The applicant is revising the pIan with notations shown that there will be an 8-foot masonry fence adjacent to the residentially zoned property. The site plan and signage comply with Unified Development Code requirements. Mr. Evans asked about the fence line and Mr. McNealy stated the masonry fence would run along the property of Susan M. Bryan. Mr. Richmond asked why the fence would not run along the apartment building and Mr. McNealy stated that the fencing is only required to butler single family residential. The Commission agreed that the monument signage will be a big plus on FM 78 as well as the landscaping and trees. Following review, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Vote was unanimous. Motion carried. 15. PC583-03 Discuss and take appropriate action on a request for a preliminary plat of The Fairways at Scenic Hills, Unit 3B. The 15.835:t acre tract contains 46 single family lots and a 2.414 proposed park site. The property is located on Covers Cove between Columbia and IH 35. The property is zoned Pre-Development District (PD). Applicant: Carter & Burgess, Inc. Ms. Madison stated that the applicant submitted the preliminary plat in July of 2003, and staff advised the client that the property would not require additional zoning. The property was annexed in 2001 and zoning was established on the property based on current development at that time. The City of Schertz official zoning map reflects the designated zoning in the Northcliffe/Scenic Hills area. Revised plans were submitted March and May of 2004, and were reviewed by city staff and the City Engineer indicating the preliminary plat should be approved. The Fairways at Scenic Hills, Unit 1 was recorded with an R-6 zoning. The Fairways at Scenic Hills, Unit 2 is currently under construction and reflects an R-6 zoning. Staff recommends the Commission approved the preliminary plat. The City of Schertz will immediately begin procedures to rezone this area to reflect the development as it exists or as it is planned to R-6. No further development will be allowed until zoning is complete. Mr. Richmond voiced concerns about the Beaver Creek cul-de-sac, on whether or not it was wide enough for a fire truck to turn around. Mr. Claussen answered the cu-de-sac was the standard size. Following review, Mr. Haddock moved to approve the request. Mr. Wallace seconded motion. Vote unanimous. Motion carried. 16. PC2004-014 Discuss and take appropriate action on a request for a site plan of Schertz Industrial Park, Block 1, Lots 14 and 15, 17357 Bell North Drive. The2.66:t acre tract shows a 43,200 square Minutes Planning and Zoning Commission May 11,2004 Page 5 of7 foot professional office/storage warehouse Applicant: J.M. Properties Ms. Madison stated the 2.66 acre tract shows a 43,200 office/warehouse facility. The site plan is short one 4-inch tree. Staff recommends approval subject to the applicant providing for the additional tree. . Following review and discussion, Mr. Wallace moved to approve the request subject to the additional tree being added to the pIan. Mr. Haddock seconded the motion. Voting Aye: Mr. Richmond, Mr. Van Dine, Mr. Haddock. Ms. Briscoe, Mr. Sommers and Mr. Wallace. Voting Nay: Mr. Evans. Motion carried. 17. PC574-03 Discuss and take appropriate action on a request for preliminary plat of Mesa Oaks Subdivision. The 14.51:t acre tract has 52 single family lots. The property is zoned Residential- 6 (R-6) Applicant: Don McCrary & Associates Ms. Madison stated that this is another revised preliminary plat. The new plat shows two additional access easements for the development. Staff recommends the property owner provide the City with a Master Plan of the area prior to approval of a final plat. Mr. Aiken addressed the street name Oak Pebble and stated that he will change it. Mr. Wallace asked if there would be another entrance off of Live Oak Road and Mr. Aiken stated not at this time. Mr. Aiken also stated that there would be enough land to build a house on Block 3, Lot 1. Following review, Mr. Van Dine moved to approve the request. Ms. Briscoe seconded the motion. Vote . unanimous. Motion carried. 18. Items by Commissioners and City Staff Ms. Madison: Addressed the issue of trees dying after development. Ms. Madison stated that she had spoken to the City Attorney and informed the Commission that the City is not able to go back and mitigate trees. If a tree should die, the City cannot require replacement of the tree. Mr. Wallace asked if we could issue a citation if the trees and landscaping are not maintained. Ms. Madison stated that we could cite them if they failed to meet Unified Development Code standards. Mr. Wallace asked Staff to follow-up with what measures we could take against the developers who did not follow code. Ms. Briscoe asked Staff to bring the information forward at next meeting. Ms. Madison also confirmed the City tour of the south side and two commissioners were available for tour (Mr. Van Dine and Ms. Briscoe). The Commission asked staff for a verbatim on agenda item #6 of the April 27, 2004 meeting in order to have all comments recorded. Mr. Evans: Inquired about the Elbel Road closing and Ms. Madison stated that it would open by the end of July. Mr. Richmond: voiced his concerns for the church sign "Marriage for Dummies". Ms. Madison stated the church is not in Schertz's city limits, but in Cibolo. Mr. Richmond asked that staff provide the Commission with a copy of Cibolo' s sign ordinance. Mr. Richmond also stated that he is glad the minutes . Minutes Planning and Zoning Commission May 11,2004 Page 6 of? are getting caught up. Mr. Richmond also asked about the status on the report for a quarterly basis on all projects. Mr. Richmond also asked staff to follow-up on the status of the sidewalk along Green Valley Road. . 19 Adjournment There being no further business, Mr. Van Dine moved to adjourn at 8:32 p.m. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. ~~\iw'~l. Chairman, Planning and Zoning Commission . . Minutes Planning and Zoning Commission May 11,2004 Page 7 of7