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07-27-2004 PLANNING AND ZONING MINUTES JULY 27, 2004 . The Schertz Planning and Zoning Commission convened on July 27, 2004 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 Clovis Haddock Joyce Briscoe Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Director Misty Nichols, Planning Technician Jonette Ellis, Planning Technician COMMISSIONERS ABSENT Keith Van Dine, Secretary Gary Wallace William Sommers OTHERS PRESENT Robert Brockman, 4S0S Grand Forest Richard Yaws, PO Box 69600 Wayne Mathis, 2803 Hwy 473 John Beattie, 404 Frank Baum Drive Colleen Crain, 505 Winburn Avenue Kevin Hunt, Vickrey & Associates 1. Call to Order/Roll Call . Chairman Richmond called the meeting to order at 6:30 p.m. 2. PUBLIC HEARING SUP2004-014 Public Hearing for a Specific Use Permit for Block 36, Lots 47-49, Aviation Heights (505 Winburn Avenue). The request is to allow for the operation of a business in a Residential-2 (R-2) District. Applicant: Colleen Crain Ms. Madison reviewed staff comments and stated that the applicant is requesting a specific use permit to allow for the operation of a business in a residentially zoned district. The applicant proposes to place a portable building in the rear of the property she leases to operate a beauty salon. Twelve notices were mailed and staff received one response for the request and one response in opposition to the request. Ms. Crain asked what were the concerns of the person who responded in opposition, and Ms. Madison stated that the person was unaware that a building would be placed on the property. Ms. Crain stated that the trailer is only visible from the front east side of the yard, and that she has placed lattice and landscaping to screen the trailer. Mr. Brockman asked how many property owners were notified in the 200- foot radius, and Ms. Madison stated twelve. There being no one else present to speak for or against the request, Chairman Richmond closed the public hearing. . Minutes Planning and Zoning Commission July 27,2004 Page 1 of 5 3. Reconvene into Regular Session . Chairman Richmond reconvened into Regular Session at 6:38 p.m. 4. Citizen Input other than Agenda Items Mr. Brockman asked the Commission for introductions. The Commission and staff introduced themselves to the audience. Mr. Richmond also mentioned that three Commissioners were absent. 5. Board of Adjustment Actions: The Board of Adjustment will meet on August 23,2004. 6. Discuss and take appropriate action on approval ofthe minutes for the January 27,2004, the June 8, 2004 and the July 13, 2004 Planning and Zoning meetings. Following review, Mr. Haddock moved to approve the minutes from the January 27, 2004 Planning and Zoning meeting. Ms. Briscoe seconded the motion. Motion carried. Vote unanimous. Following review, Ms. Briscoe moved to approve the minutes from the June 8, 2004 Planning and Zoning meeting. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. Following review, Mr. Haddock moved to approve the minutes from the July 13, 2004 Planning and Zoning meeting subj ect to minor corrections to agenda item 14 and agenda item 18. Ms. Briscoe seconded the motion. Motion carried. Vote unanimous. . 7. SUP2004-014 Discuss and take appropriate action on a request for a Specific Use Permit for Block 36, Lots 47-49, Aviation Heights (505 Winburn A venue). The request is to allow for the operation of a business in a Residential-2 (R-2) District. Applicant: Colleen Crain Ms. Madison reviewed staff comments and mentioned that the building inspections department had been out to the property and had given the applicant a temporary certificate of occupancy permit. Mr. Evans inquired about the size of the portable building and the distance to the rear property line. Ms. Crain stated that the building is 8-feet by 28-feet, and that the distance to the rear property line is greater than 25-feet. Following review, Mr. Haddock moved to forward this item to City Council with a recommendation for approval. Ms. Briscoe seconded the motion. Motion carried. Vote unanimous. 8. BOA2004-006 Discuss and take appropriate action on a request for a variance on Lot 31, Block 2, Jonas Woods, Unit 3 (404 Frank Baum Drive) to encroach 5.5-feet into the 20-foot rear yard setback for a deck. Applicant: John S. Beattie Ms. Madison reviewed staff comments and stated that the applicant is requesting a variance to encroach 5- . feet, 6-inches into the 20-foot rear yard set back for a two level deck. The topography ofthe land requires a bi-1evel plan. Minutes Planning and Zoning Commission July 27,2004 Page 2 of 5 . Mr. Evans asked the applicant ifhe had considered planting shrubbery along the fence line, and Mr. Beattie stated that it is his intention to plant red-tip photinias along the fence line. There being no further discussion, Ms. Briscoe moved to forward this item to the Board of Adjustment with a recommendation for approval. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 9. SV2004-010 Discuss and take appropriate action for a variance to the Unified Development Code, Article IX (Signs) for Lot 1, Block 1, N.C.S. Subdivision, Unit 2,17599 IH 35, Diamond Shamrock No. 2034. The variance is for a freestanding sign. Applicant: Valero Energy Corporation Ms. Madison reviewed staff comments and stated that the Diamond Shamrock store at the northeast corner of FM 3009 and IH 35 is currently expanding their facility by adding gas pumps and parking spaces. Their remodeling includes replacing the freestanding sign on IH 35. The breakdown ofthe sign is as follows: Current Si 60- feet 473 UDC Re uirements 50- feet 250 Variance 1 0- feet 235 Mr. Yaws stated that Valero Energy was investing one million dollars into the remodeling to expand the facility adding gas pumps to service diesel trucks. He explained that the expansion includes moving the sign along IH 35 and that they would like to improve the sign at that time, increasing the total square footage by an additiona112 square feet from their current size. . Ms. Briscoe asked if the sign located on FM 3009 would be removed, and Mr. Yaws stated that it would remain where it currently stands, but it would be ref aced. Following review and discussion, Ms. Briscoe moved to approve the request. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 10. PC2004-034 Discuss and take appropriate action for a preliminary plat of Urban Commercial Subdivision. The 14.623 acre tract on IH 35 frontage road is currently zoned General Business (GB), Pre- Development (PD) and a portion of the property is outside of city limits. Applicant: Urban Concrete Contracting, Ltd. Ms. Madison reviewed staff comments and stated that a portion of this property is currently outside of Schertz city limits and the City is currently processing an application to annex the area. The applicant is proposing to place a concrete/asphalt batch plant at this location. Ms. Madison also stated that the property had been used as a dumping ground and that it has been cleared of all debris. She also stated that the location of the concrete batch plant would not be obtrusive and that the impact on visibility from IH 35 would be low. Mr. Mathis stated that the applicant is in the process to voluntarily annex the property and will follow with an application to zone the property. He also stated that the Texas Commission on Environmental Quality (TCEQ) . has strict guidelines for the operation of batch plants and that their application for a permit is currently under review. Mr. Mathis and Ms. Madison stated that this property has been affected by adjacent property owners Minutes Planning and Zoning Commission July 27,2004 Page 3 of 5 who have cut ditches and placed masonry walls on and adjacent to their property, which has affected the flood plain. Mr. Mathis presented a drainage plan that would correct the situation. . Mr. Evans inquired about access and deceleration/acceleration lanes on the IH 35 frontage road. Ms. Madison stated that TxDOT would determine the need. She also stated that there will be a driveway permit from TxDOT on FM 482, but will be limited to empty trucks accessing the property. FM 482 has a load limit and trucks full of concrete will not be permitted on this thoroughfare. Following review and discussion, Mr. Haddock moved to approve the request. Ms. Briscoe seconded the motion. Motion carried. Vote unanimous. 11. PC2004-033 Discuss and take appropriate action on a replat of Schertz Industrial Park, Block 1, Lots 14 and 15, establishing Lot 17R. The property is located on Bell North Drive and is currently zoned Light Manufacturing (M-l). Applicant: OBC Engineers, Ltd. Ms. Madison reviewed staff comments and stated that the Planning and Zoning Commission approved the site plan for a 43,200 square foot office/warehouse facility at their May 11, 2004 meeting to be located on this property. The applicant is requesting a rep1at, taking two lots into one. Mr. Richmond asked ifthe applicant was present. Staff informed the Commission that the applicant had been notified about the meeting, but was not present. The Commissioners stated that they do not like to act on an item without the applicant being present, but due to the rep1at being in order, the Commission decided to act on the request. Following review, Mr. Haddock moved to approve the request. Ms. Briscoe seconded the motion. Motion carried. Vote unanimous. . 12. PC2004-035 Discuss and take appropriate action for a final plat of Belmont Park Subdivision, Unit 2. The 15.45-r. acre tract has 56 residential lots. The property is located between IH 35 and Old Wiederstein Road and is currently zoned Residential-5 (R-5). Applicant: Vickrey & Associates, Inc. Ms. Madison reviewed staff comments and stated that the Planning and Zoning Commission approved the preliminary plat at their June 22,2004 meeting. Unit 2 provides paved access from IH 35. This access is one of two entrances off of IH 35. The second access road or the main collector (Belmont Parkway) will be required to be constructed or bonded prior to approval of Unit 2. Ms. Madison also stated that the City is currently working on annexing Old Wiederstein Road. Ms. Briscoe inquired about the trees that were removed, and Ms. Madison stated that the trees were removed for the detention pond, right-of-way, utilities and the lift station. Ms. Briscoe also asked about the tree inventory and Ms. Madison stated that she would provide the Commission with a copy. Mr. Evans voiced concerns about the drainage along Empire Maker, which drains into the future commercial development. Mr. Evans stated to the engineer, Mr. Hunt, that water could not drain onto adjacent properties. . Following review and discussion, Mr. Haddock moved to approve the request. Mr. Evans seconded the motion. Voting Aye: Mr. Richmond, Mr. Evans and Mr. Haddock. Voting Nay: Ms. Briscoe. Motion Minutes Planning and Zoning Commission July 27,2004 Page 4 of5 carried. .3. Ms. Madison: Spoke about an article in the AP A magazine regarding cities and schools working together to create a complex that would support both functions, i.e.: school/library. Ms. Madison also suggested creating a "town center" along Schertz Parkway and Live Oak Road. Mr. Richmond asked Ms. Madison to move forward and meet with property owners involved to propose the idea to them. Items by Commissioners and City Staff Ms. Briscoe: Voiced concerns for an abandoned sign on FM 3009 just south ofthe Papa Johns driveway and asked that staff review. Mr. Evans: Stated that the Unified Development Code addresses abandoned signs and it should be enforced. He also referenced the Lutheran Church sign on Schertz Parkway, and Ms. Nichols stated that the church has applied for a sign permit, but not a variance request. He also asked for an update on a house under construction on IH 10, west of Pfeil Road. Councilman Greenwald: Stated that the SSLG will meet July 28, 2004. . Mr. Richmond: Stated the need for a sign board and that the ordinance needs to be modified. He voiced concerns for the following signs: 1. Container sign on IH 35: will the sign be painted? 2. Eagle Home sign on FM 78 at FM 3009 3. Bracken Village signage on FM 3009 at railroad crossing 4. Reidel's signs 5. Nancy's Windows signs Mr. Richmond also announced that Ms. Briscoe had submitted a letter of resignation to the Planning and Zoning Commission effective in October when her term expires. She recently was elected to the SCUCISD School Board, and wants to fulfill that obligation. The Commission expressed their gratitude for her service and commitment. 14. Adjournment There being no further business, Mr. Haddock moved to adjourn the meeting at 8:20 p.m. Mr. Evans seconded the motion. Motion carried. Vote unanimous. ifJ 1~.L Chairman, Planning and Zoning Commission . Minutes Planning and Zoning Commission July 27, 2004 Page 5 of 5