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12-14-2004 PLANNING AND ZONING MINUTES DECEMBER 14, 2004 . The Schertz PlaIlliing and Zoning Commission convened on December 14,2004 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 WilliaIll Sommers Gary Wallace Clovis Haddock Roberta Tutschke Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Director Jonette Ellis, PlaIlliing Technician Misty Nichols, PlaIlliing Technician COMMISSIONERS ABSENT None OTHERS PRESENT Robert Brockman, 4505 Grand Forest Don Griffin, Land Development Service Jaime Arechigo, Land Development Services Prior to the meeting, Ms. Nichols issued the Oath of Office to Mr. Evans, Mr. Van Dine, Mr. Sommers and Ms. Tutschke. .1. Chairman Richmond called the meeting to order at 6:30 p.m. and opened the meeting for a public hearing. Call to Order/Roll Call 2. PUBLIC HEARING PC2004-065 Replat a portion of Block 1, Lot 41 of Horseshoe Oaks Subdivision and establish Block 1, Lot 43R of Horseshoe Oaks Subdivision. The 1.063:t acre lot is located 125-feet north of Woodland Oaks Drive on FM 3009. Applicant: FC Properties One, Ltd. Ms. Nichols reviewed staff comments and stated that on November 23, 2004, staff mailed 60 notices. On November 29, 2004, twenty-one letters were returned undeliverable. Staff reviewed the addresses and discovered that the applicant had provided mailing labels to property located in Cibolo, but with a Schertz address. Upon review, staff notified the applicant that they must provide corrected mailing labels for re- notification. The notice of the public hearing was published and notified, so the Commission must conduct the public hearing. Ms. Nichols stated that no action will be taken this evening. Staff has re-notified and published the next public hearing, which is scheduled for December 28, 2004. There being no one else to speak, Chairman Richmond closed the public hearing. 3. Reconvene into Regular Session . Chairman Richmond reconvened into regular session at 6:33 p.m. Minutes Planning and Zoning Commission December 14,2004 Page I of 4 4. Citizen Input other than Agenda Items . Ms. Madison welcomed Ms. Tutschke to the Commission and thanked Ms. Ellis for the name plates she had supplied to the Commissioners. . Mr. Brockman stated he was grateful to staff for providing the name plates. 5. Board of Adjustment Actions There were no Board of Adjustment actions at this time. 6. Code Enforcement Issues Mr. Eaton reviewed the November 2004 code enforcement report and stated that 49 signs had been removed. Councilman Greenwald recognized Mr. Eaton by stating that he had received his IS-year service pin. The Commission applauded Mr. Eaton's career with the City. 7. 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. PC2004-055 Take appropriate action for site plan approval of Lot 6, Block 1 ofthe Wal-Mart Supercenter. The 2.983:t acre tract is located at the southeast corner of FM 3009 and Four Oaks Lane. The property is zoned Manufacturing District-Light (M-1). Applicant: Ballard & Braughton Engineering B. PC2004-063 Take appropriate action on a request for final plat approval of The Fairways at Scenic Hills, Unit 3A. The 4.593:t acre tract shows 8 residential lots. Applicant: Carter & Burgess C. PC2004-065 Take appropriate action on a request for final plat approval of The Ridge at Scenic Hills, Unit 1. The 24.872:t acre tract shows 117 residential lots. Applicant: Carter & Burgess Ms. Nichols reviewed staff comments and stated that each item meets the Unified Development Code and staff recommends approval. Mr. Brockman inquired about the parking lot layout for Lot 6 of the Wal-Mart site plan, and Ms. Nichols stated that it met Unified Development Code requirements. Ms. Nichols also noted that the revised plats for the Fairways at Scenic Hills and the Ridge at Scenic Hills have been revised to note the zoning. She stated that after the land had been annexed into the City it had never gone through the process of zoning. The master plan had been approved, but the applicant had not zoned the property. Ms. Madison added that the City is in the process of correcting the situation and does not want to hold up the applicant. . Following review and discussion, Mr. Sommers moved to approve Consent Agenda Items A, Band C. Mr. Minutes Planning and Zoning Commission December 14,2004 Page 2 of 4 VanDine seconded the motion. Motion carried. Vote unanimous. .8. PC2004-060 Discuss and take appropriate action on a request for Master Plan approval for Tanglewood Park Subdivision. The 87.76:t acre tract is located at IH 35 and Eckhardt Road and contains 423 single family lots, two commercial lots. Applicant: Hillstar Investments, Ltd. Ms. Nichols reviewed staff comments and stated that the Commission reviewed the master plan at their November 23, 2004 meeting and voiced concerns regarding access to the detention easement, access to adjacent commercial properties, private driveway access along Creekwood Street, square footage of homes, and 20-foot front yard set back. The applicant has revised the plan to address the Commission's concerns. Staffhas included the minutes ofthe January 28,2003 meeting where the Commission approved the 20- foot front yard setback. Mr. Griffin stated that the revised plan has no homes fronting on Creekwood at the request of the Commission. He also noted that all suggestions and corrections had been made. Mr. Richmond asked Mr. Griffin to remove the ":t" sign after 1,700 as referenced in note 10 and replace it with "minimum". Mr. Richmond reviewed the January 28,2003 Planning and Zoning meeting minutes where the Commission approved the original master plan and noted that side yards had been approved to be Ph-feet, but the applicant was requesting 5-foot side yards now. Mr. Richmond referred to the table in Article VI of the Unified Development Code and stated that the internal side yard setback is a minimum of 1 0- feet, and that if the applicant wishes to provide a center loaded product, the side yard set back would be 10- feet, therefore providing 20- feet between structures. Ms. Madison stated that the Commission approved the Wynnbrook and Silverthorn Subdivisions zoned R -5 with 5- foot side yard setbacks which provides 10- feet between structures. . Mr. Evans voiced concerns regarding the electrical utility easement on Lot 20 of Block 5, and Mr. Griffin stated that the easement is outside the building footprint of the lot. Mr. Evans also voiced concerns about access to the detention basin and if the area provided would be wide enough for maintenance equipment to access. Ms. Madison stated that Public Works will review the access when the construction plans are completed. Mr. Wallace stated that the builder should be aware of the landscape ordinance, where each residence will have a minimum of three trees at 1 'i2-inch DBH. Mr. Griffin stated that the homeowners association will provide additional standards for landscaping. Following review and discussion, Mr. Haddock moved to approve the request subject to the correction of note 10. Mr. Sommers seconded the motion. Voting Aye: Mr. Haddock, Mr. VanDine and Mr. Sommers. Voting Nay: Mr. Richmond, Mr. Wallace, Mr. Evans and Ms. Tutschke. The motion failed. This item was disapproved. Additional discussion followed with Ms. Madison requesting the Commission provide the reason for the disapproval. Mr. Wallace, Mr. Richmond, Mr. Evans and Ms. Tutschke all stated that the side yard setback should be 10- feet. Ms. Madison stated that the Commission had approved the 5- foot setback in the past and that they have set a precedence. Mr. Richmond responded by saying that the Commission should evaluate each request on its own merits. Ms. Madison asked the Commission to be consistent and to advise the applicant if there are other issues of concern. . Minutes Planning and Zoning Commission December 14,2004 Page 3 of 4 . Mr. Arechigo stated that the applicant has complied with all the Commission's changes and that by requesting the 7'i2-foot side yard setback would leave 35-feet to build a home and that you couldn't get an attractive 1,700 square foot home on a 35-foot wide lot. He then asked the Commission to allow for a 1,200 square foot home minimum. The discussion ended with the Commission asking staff to research any action the City Council may have made on the approval of the zoning. 9. PC2004-061 Discuss and take appropriate action on a request for a preliminary plat of Tanglewood Park, Unit 1. The 22.55:t acre tract shows SO single family lots and 2.13S:t acres for park land dedication. The property is zoned Residential-5 (R-5). Applicant: Hillstar Investments, Ltd. The Commission accepted the applicant's withdrawal of this item. 10. PC2004-062 Discuss and take appropriate action on a request for a preliminary plat of Tanglewood Park, Unit 2. The S.S96:t acre tract shows 39 single family lots and .S77:t acres for park land dedication. The property is zoned Residential-5 (R-5) Applicant: Hillstar Investments, Ltd. The Commission accepted the applicant's withdrawal ofthis item. . 11. Items by Commissioners and City Staff Mr. Van Dine: Asked that when City Council makes a decision regarding zoning, the Commission is made aware of that decision. He also inquired if on R-5 zoning the 10-foot side yard setback could be the total between both sides ofthe lot. Mr. Richmond stated no, that the ordinance states internal side per lot. Councilman Greenwald: Announced that the City's employee Christmas party was December 10, 2004 and that many employees received their service pins. Mr. Richmond: Asked that the leaning and weathered signs on FM 3009 at the railroad be removed. He also stated to staff that he'd like to have on the next agenda the call for a public hearing to rezone certain parcels along FM 3009. 12. Adjournment There being no further business, Mr. Van Dine moved to a9.i.Q.l!~ the meeting at 7:41 p.m. Mr. Sommers seconded the motion. Motion carried. Vote unanimo. '\~ ,j, iI:' rtOtAAJ \ t0~cL - Chairman, PlaIlliing and Zoning Commission . Minutes Planning and Zoning Commission December 14,2004 Page 4 of4 . . . I n the name and by the authority of The State of Texas OATH OF OFFICE I, Roberta Tutschke do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Plannina and Zonina Commissioner of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. ') i ~.. : iu,t>if~ '.Afflant /7.. / / f trij., ;h /1/- ",-//L,/ \.../ Vf'--t'_, SWORN TO and subscribed before me by affiant on this l1f(~ el11 02'/) , ;7 DC!1-/ /L''--."'.' day of ,-(Y , -{}: cj-Gcl~) rson Admini ering Oath Mistv Nichols Printed Name Planning Technician Title Form #2204 See Reverse Side for Instructions Revised August 1999 . . . I n the name and by the authority of The State of Texas OATH OF OFFICE I, William W. Sommers do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Plannina and Zonina Commissioner of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. (j~ l~ lant -~ S$;~ SUbSC~iWQyOr~ me by affiant on this I 14 day of ~\;ql,S~rv" M ~\41(~~-1C~l.8 NntJry PUf.:dh~, ~::-~{lte nt Texas Cornnmm;Ui'l Expkes Mistv Nichols Printed Name Planning Technician Title Form #2204 See Reverse Side for Instructions Revised August 1999 . . . I n the name and by the authority of The State of Texas OATH OF OFFICE I, Ernest Evan. Jr do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Plannina and Zonina Commissioner _ of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. ~~~~1~ Affiant ~WORN TO and subscribed before me by affiant on this /f ./JeCem .6 c./L I c9 cJ (J i . day of Mistv Nichols Printed Name _Planning Technician Title Form #2204 See Reverse Side for Instructions Revised August 1999 . . . In the name and by the authority of The State of Texas OATH OF OFFICE I, Keith Van Dine do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Plannina and Zonina Commissioner _ of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. /' / . / 2Iffi, i / /./ .,/.... / //', "i.. .... ;;; L j~1 L /! LA/-- Affiant . ,I I . Ii-- SWORN TO and subscribed before me by affiant on this /'--/ --- day of fJ1 CJ.JY\X1S_:-~ , ,Q OQy ~~~~s~~~~~~~~~~~~~~~~~~~~~~ c;: -:"'-. '.. {I ,.1~~T'i PUb. ~ c,:.. {'....' ....)'1 ~ ~/~,. ./];~".c, MISTY M NICHOLS ~) ~J"k(ll~ '*. Notary Public, State ofTexas ~ <.\; \S~S_ ~~ My Commission Expires 05-03-2006;:") ~~ 1\,,:::- C\f-\.;'~ ~) ~.;:.: i.;(.(~;'~.~~~(~:~ l.t;' t;:;~ ~.~ ({~1"~I~[,~ ';,'~'~,~~{~ ~f~~ ~~ r(~ ~~ i~:: ~';~ ~~ I' .. Misty Nichols Printed Name _Planning Technician Title Form #2204 See Reverse Side for Instructions Revised August 1999