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09-28-2004 PLANNING AND ZONING MINUTES SEPTEMBER 28, 2004 . The Schertz Planning and Zoning Commission convened on September 28,2004 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 Keith Van Dine, Secretary William Sommers Gary Wallace Joyce Briscoe Clovis Haddock Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Director Misty Nichols, Planning Technician Jonette Ellis, Planning Technician COMMISSIONERS ABSENT None OTHERS PRESENT Robert Brockman, 4S0S Grand Forest Farman Shir, 12300 Ford Road Richard Palmer, 228 Meadow Lane Rick McNealy, Vickrey & Associates 1. Call to Order/Roll Call . Chairman Richmond called the meeting to order at 6:30 p.m. 2. Citizen Input other than Agenda Items Mr. Brockman asked that the Commission's name badges reflect their position on the Commission. 3. Board of Adjustment Actions: The Board of Adjustment will meet on October 18, 2004. Chairman Richmond stated that the Board of Adjustment will meet on October 18, 2004. Discussion only, no action taken. 4. CONSENT AGENDA All items under the Consent Agenda are heard collectively unless opposition is presented, in which case, the contested item will be considered, discussed and appropriate action taken separately. a. PC2004-049 - Final plat approval of the Norcon Subdivision. The 1.170-r. acre tract is located on the IH 35 South frontage road, east ofFM 1103 and contains 2 lots. The property is zoned General Business (GB). Applicant: L.G. Norville . b. PC2004-045 - Preliminary plat approval ofthe Guadalupe River Nursing and Rehabilitation Minutes Planning and Zoning Commission September 28, 2004 Page 1 of 4 . Subdivision. The 4.390-r. acre tract is located on FM 3009 approximately 356-feet north of Borgfeld Road. The property is zoned General Business (GB). Applicant: Vickrey & Associates, Inc. Mr. Evans requested item 4b be removed from the Consent Agenda for separate discussion. Ms. Nichols reviewed staff comments for Consent Agenda 4a and stated that the Planning and Zoning Commission approved the preliminary plat and site plan at their July 13, 2004 meeting. The site plan proposed two spec buildings totaling 17,800 square feet of office/warehouse. The preliminary plat was approved subject to a statement being placed on the plat that indicates no structure will be erected on the common property boundary. The comment has been addressed. The 1.170 acre tract shows two commercial lots fronting IH 35, east ofFM 1103. The plan meets the requirements of the Unified Development Code and staff recommends approval. Following review, Mr. Van Dine moved to approve Consent Agenda Item 4a. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. Ms. Nichols reviewed staff comments for Consent Agenda 4b and stated that the plat shows a 4.390 acre tract located on FM 3009, north of Borgfe1d Road, adjacent to the Dutch Boy Cleaners strip center. The applicant's intention is to develop the property for a 47,000 square foot nursing home facility. The site plan for this project is forthcoming. The preliminary plat meets the requirements of the Unified Development Code and staff recommends approval. . Mr. Evans voiced concerns regarding a deceleration lane on FM 3009, and Mr. McNealy stated that the low volume of traffic would not meet the TxDOT requirements for a deceleration lane. Mr. McNealy noted that a second point of access would be provided off of Silver Tree. Ms. Briscoe noted that Webster Road was misspelled. Discussion also included drainage, screening and permitted uses. Following review and discussion, Mr. Sommers moved to approve Consent Agenda Item 4b subject to the correction in the spelling of Webster Road. Mr. Van Dine seconded the motion. Motion carried. Vote unanImous. 5. BOA2004-007 Discuss and take appropriate action on a request for a variance at 1500 Crest Oak to allow the extension for a six-foot fence beyond the 25-foot front yard setback. Applicant: Richard Palmer Ms. Nichols reviewed staff comments and stated that the property is located at 1500 Crest Oak, which is a private road extended past Golden Oak. The applicant owns two acres and currently has a residence on the property. The oversized garage and driveway is to accommodate his motor home. The applicant's request is to provide security for his property by extending his existing fence line with a 6-foot cedar fence. The maximum height for a fence extended into the front building setback is 4-feet. Access to the property would be provided by two chain-link gates (one motorized and one manual). The fence and the gates sit back from the current private drive approximately 10- feet. Visibility is not an issue. The line of site is more than . adequate for the private drive. Currently there are three residences that use this private drive. Minutes Planning and Zoning Commission September 28, 2004 Page 2 of 4 Mr. Palmer voiced his concern about protecting his property. He noted that he has had problems with people coming onto his property. . Following review and discussion, Mr. Sommers moved to forward this item to the Board of Adjustment with a recommendation of approval. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 6. SV2004-011 Discuss and take appropriate action for a variance to Unified Development Code, Article IX (Signs) for Word of Life Fellowship Church. The request is a variance to exceed the requirements for a development sign located on Schertz Parkway. (This item was tabled at the September 14,2004 Planning and Zoning meeting.) Applicant: Word of Life Fellowship Church Mr. Sommers moved to remove this item from the table. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. Ms. Nichols reviewed staff comments and stated that the applicant is requesting a 128 square foot sign, 10- feet, 8-inches high. She also stated that the applicant was not present at the meeting, and that he had been notified. Following discussion, Mr. Haddock moved to disapprove the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 7. PC2004-046 Discuss and take appropriate action on a request for site plan approval of the Wal-Mart Supercenter, Block 1, Part of Lot 7, Murphy Oil. The 0.7785-r. acre tract shows a 208 square foot facility with four gas pump stations. The property is zoned Manufacturing District - Light (M-l). Applicant: Murphy Oil USA . Ms. Nichols reviewed staff comments and stated that the site is adjacent to the Wa1-Mart Superstore. The site provides adequate circulation from Four Oaks Lane and the Wa1-Mart access road. Access for the future development of Lot 6 will be provided by the 40-foot ingress/egress easement. Landscaping and irrigation was approved with the Wa1-Mart site plan. The plan meets the requirements of the Unified Development Code and staff recommends approval. Mr. Shir stated that the facility will be leased from Wa1-Mart. Typically, Murphy Oil has six pumps, but due to size ofthe tract, only four pumps will be provided. Following review and discussion, Mr. Haddock moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 8. SV2004-00013 Discuss and take appropriate action for a variance to Unified Development Code, Article IX (Signs) for Murphy Oil USA. The request is a variance to exceed the requirements for wall signs. Applicant: Murphy Oil USA Ms. Nichols reviewed staff comments and stated that the applicant is proposing a 2,688 square foot canopy . where all signage will be placed. The allowable wall signage for the canopy is 42 square feet, or according to Minutes Planning and Zoning Commission September 28, 2004 Page 3 of 4 the Unified Development Code, a maximum of SO square feet. There are four sides to the canopy. Ifwe were to take into consideration the square footage for each side, the allowable signage would be 102 square feet or a maximum of 200 square feet. The applicant is requesting a total of 216. 8 square feet of signage consisting of two small price signs, two larger price signs and two logo signs. . Mr. Richmond stated that the request should be considered because this will be the only signage on the property. Mr. Sommers asked that it be noted in the minutes that the canopy is very large and that the applicant will not have a pole sign. Following review and discussion, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 9. Discuss and take appropriate action to call a special meeting with the City Attorney to review the Open Meetings Act. Ms. Madison stated that a meeting has been scheduled to meet with the City Attorney regarding the Open Meetings Act for October 20, 2004 at 6:30 p.m. Ms. Madison extended the invitation to the applicants applying for positions on the Commission. Discussion only, no action taken. 10. Items by Commissioners and City Staff a. Discussion regarding the Tree Mitigation Ordinance b. Discuss and take appropriate action to review the process on interviewing applicants for the Planning and Zoning Commissioner position . Discussion regarding the enforcement of the tree mitigation ordinance included that the intent of the ordinance is to mitigate all heritage trees and that all developers, residential or commercial, would pay mitigation fees. Ms. Madison stated that the ordinance has conflicting statements and is open for interpretation. Staff and the Commission agreed that the ordinance needs to be modified in order to enforce it. Ms. Madison: Stated that staff is working on the sign ordinance. Ms. Nichols: Stated that she has received AP A conference confirmation. Mr. Greenwald: Stated that City Council approved the budget and cut the tax rate by one cent. 11. Adjournment There being no further business, Mr. Van Dine moved to adjourn the meeting at 7:S9 p.m. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. It~ l~.L Chairman, Planning and Zoning Commission . Minutes Planning and Zoning Commission September 28, 2004 Page 4 of 4