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12-28-2004 PLANNING AND ZONING MINUTES DECEMBER 28, 2004 . The Schertz Planning and Zoning Commission convened on December 28,2004 at 6:30 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chainnan Ernie Evans, Vice Chainnan Keith VanDine, Secretary William Sommers Gary Wallace Clovis Haddock (entered at 7:00 p.m.) Roberta Tutschke Ken Greenwald, ex-officio CITY STAFF Amy Madison, Community Development Director Jonette Ellis, Planning Technician COMMISSIONERS ABSENT None OTHERS PRESENT Robert Brockman, 4505 Grand Forest Larry Dublin, Ford Engineering Don Griffin, Land Development Service Jaime Arechigo, Land Development Services Jim Hardy, McQueeny, TX Larry Aiken, Austin, TX Don McCrary, 323 Breesport Travis Bousquet, CEI Engineers Joy Martin, 2808 Hidden Grove Dan Griffin, O'Reilly's Auto Parts Hillary Dockel, Pulte Homes . 1. Call to Order/Roll Call Chairman Richmond called the meeting to order at 6:30 p.m. and opened the meeting for a public hearing. 2. PUBLIC HEARING PC2004-065 Replat a portion of Block 1, Lot 41 of Horseshoe Oaks Subdivision and establish Block 1, Lot 43R and 44R of Horseshoe Oaks Subdivision. The 1.063:t acre lot is located 125-feet north ofW oodland Oaks Drive on FM 3009. Applicant: FC Properties One, Ltd. Ms. Madison reviewed staff comments and stated that on December 13, 2004, the Planning Department mailed 21 notification letters and received no responses. The replat meets the requirements of the Unified Development Code. Mr. Bousquet stated that the replat was to take one lot and break it into three lots. Access to all three lots has been provided by easement, along with providing sewer to each lot. . Ms. Martin inquired what was going on the property, where would the building be placed and voiced concerns Minutes Planning and Zoning Commission December 28, 2004 Page I of8 . . . about the fencing and trees. Mr. Evans stated that an 8-foot masonry/steel fence would be required between the commercially zoned properties and residential. Mr. Richmond stated that any tree removal would require mitigation. Mr. Bousquet addressed Ms. Martin's concerns regarding where the building would be placed. There being no one else to speak for or against the request, Chairman Richmond closed the public hearing. 3. Reconvene into Regular Session Chairman Richmond reconvened the meeting into regular session at 6:47 p.m. 4. Citizen Input other than Agenda Items Mr. Brockman questioned the Commission regarding tonight's agenda. He asked why the Commission would consider acting on a master plan for a development when zoning had not been approved. Mr. Richmond stated he had that conversation with staff and staff was working on a change. 5. Board of Adjustment Actions There were no Board of Adjustment actions at this time. 6. 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. ZC2004-014 Take appropriate action to call for a public hearing to rezone 12.243 :i: acres from Single Family Residential (R-l) to Single Family Residential (R-6). The tract is located at the northwest corner of Maske Road at Live Oak Road. Applicant: Hardy & Company, Inc. B. ZC2004-015 Take appropriate action to call for a public hearing to rezone 20.525 :i: acres from Single Family Residential (R-l) to Single Family Residential (R-7). The tract is located north of the future Mesa Oaks Unit 1 on the north side of Live Oak Road. Applicant: JWD Management Corporation. C. ZC2004-013 Take appropriate action to call for a public hearing to rezone 9.305:i: acres from General Business (GB) to Public Use District (PUB). The tract is located on the northeast corner of Schertz Parkway and Live Oak Road. Applicant: JWD Management Corporation D. SUP2004-018 Take appropriate action to call for a public hearing to allow the Schertz Public Works Building in the Air Installation Compatible Use Zone (AICUZ) located at 10 Commercial Place. Applicant: City of Schertz E. PC2004-078 Discuss and take appropriate action on a Final Plat for Fire/EMS Station No.2. The 10.518:i: acre tract is located at the northeast corner of FM 2252 and IH 35N. Applicant: City of Schertz Mr. Evans stated that the agenda incorrectly identifies Consent Agenda items A and B. Staff noted that Agenda item A is to call a public hearing for the Mesa Oaks, Unit 2 proposed development and that Agenda Minutes Planning and Zoning Commission December 28, 2004 Page 2 of 8 item B is to call a public hearing for ,Mesa Oaks, Unit 3 proposed development. Following review of staff comments, Mr. Sommers moved to approve Consent Agenda items A, B, C and D. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. . Ms. Madison reviewed staff comments for Consent Agenda item E and stated that the preliminary plat for the Fire/EMS Station No.2 was approved at the October 24,2004 Planning and Zoning meeting and that staff recommends approval. Following additional review, Mr. Sommers moved to approve Consent Agenda item E. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 7. PC2004-065 Discuss and take appropriate action to replat a portion of Block 1, Lot 41 of Horseshoe Oaks Subdivision and establish Block 1, Lot 43R and 44R 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. Mr. Evans stated that the agenda only indicates two lots being established, yet the replat shows three. Ms. Madison stated that the agenda was incorrect. Mr. Sommers and Mr. Evans voiced concerns regarding the cross access/safety lane easement. Mr. Bousquet stated that the easement provides access to all three lots. Following review and discussion, Mr. Wallace moved to approve the request by amending the agenda to read "establishing Block 1, Lots 41R, 43R and 44R". Mr. Haddock seconded the motion. Motion carried. Vote unammous. .8. PC2004-066 Discuss and take appropriate action for a site plan for the O'Reilly Auto Parts Store. The 1.0632: acre tract is located 125-feet north of Woodland Oaks Drive on FM 3009. Applicant: FC Properties One, Ltd. Ms. Madison reviewed staff comments and stated that the site shows 7,228 square feet for an auto parts center. This site has allowed for internal circulation with the adjacent properties. Public Works and the City Engineer have reviewed drainage. The tree survey shows 58-inches of protected and other trees and one heritage tree to be removed, The total tree mitigation fee is $5,980.00. She also stated that the applicant is requesting a sign variance for the following: SIGN UDC REQUEST VARIANCE Logo wall sign Sign Ordinance: 2- wall signs 2 signs and an additional 1 sign 100.5 square feet 117.5 square feet 50 square feet maximum 67 square feet Pole sign FM 3009 Overlay: Encroach into the Allow a pole sign to extend Prohibits signs within the building setback into the 50 ft building 50 foot building setback setback by 43 feet Mr. Richmond inquired ifthe applicant's intent was to maintain the development and aesthetic integrity along FM 3009 and Mr. Bousquet stated yes. Mr. Richmond also asked the applicant to adjust the height of the plantings along parking spaces fronting FM 3009 to 24-inches, and Mr. Bousquet agreed to the adjustment. Mr. Bousquet also provided the Commission with the color scheme of the building. . Minutes Planning and Zoning Commission December 28, 2004 Page 3 of 8 . The Commission voiced concerns regarding the signage and suggested that a monument sign would be best suited along FM 3009. Mr. Evans voiced concerns regarding the size of the wall signage. Mr. Sommers stated he would not vote favorably for any sign variance as submitted, and the Commission agreed that the variance could be acted on separately from the site plan. Mr. Wallace inquired about the removal of the trees in the behind of the building, and if there was to be a detention pond, why was it not noted on the site plan. Following review by the Consulting City Engineer, Larry Dublin, it was noted that the detention pond was not included in the site plan; therefore, Mr. Bousquet requested the Commission table the item. Following review, Mr. Van Dine moved to table the request. Ms. Tutschke seconded the motion. Motion carried. Vote unanimous. 9. SV2004-018 Discuss and take appropriate action for a variance to Unified Development Code, Article IX (Signs) for the Kramer Farms Development sign. The request is a variance to exceed the requirements by 32 square feet. Applicant: Pulte Homes Ms. Madison reviewed staff comments and stated that a 32-square foot development sign has been placed on the property, but the applicant is asking to increase the sign to a 64-square foot sign. . Ms. Dockel requested the Commission consider increasing the development sign to 8- foot by 8- foot, stating that it would be easier to see from Schertz Parkway. She stated that the sign would be in place until 75% of the development was sold. Mr. Wallace reminded Ms. Dockel that the ordinance reads 75% sold or 5 year maXImum. Following review and discussion, Mr. Sommers moved to disapprove the request. Voting Aye: Mr. Richmond, Mr. Wallace, Mr. Evans, Mr. Sommers and Ms. Tutschke. Voting Nay: Mr. Haddock and Mr. Van Dine. Motion carried. 10. PC2004-067 Discuss and take appropriate action on a request for Master Plan approval for Bindseil Farms Subdivision. The 28.585:t acre tract is located at the northwest corner of Live Oak Road and Schertz Parkway containing 143 single family lots. Applicant: Hardy & Company, Inc. Ms. Madison provided a review memo from Ford Engineering regarding deviation of Live Oak Road/Maske Road from the Master Thoroughfare Plan. Ms. Madison stated that the Planning staff, Public Works and the City Engineer voiced concerns, and asked for further review of the development including the next three agenda items. Mr. Hardy, Mr. Aiken and Mr. McCrary presented a map of the area noting the future development of not only Bindseil Fanns, but also the next three agenda items. Ms. Madison appreciated the applicant bringing the overall map, but stated that staff and engineering had not had an opportunity to review their overall proposal. Discussion included: the alignment of Live Oak Road/Maske Road, number of residential units in the area, and the location of future schools. . Minutes Planning and Zoning Commission December 28, 2004 Page 4 of 8 . Mr. Richmond voiced his concerns regarding the applicant proposal and asked that the four separate areas work in concert with each other, not piecemeal. He also stated that the Comprehensive Land Plan Committee had worked very hard amending the Master Thoroughfare Plan which was then approved by City Council, and that he was not in favor of changing the plan. Following discussion, Mr. Sommers moved to table Agenda Items 10, 11, 12 and 13. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Discussion continued regarding the side yard setback for R-5 development. The Commission stated that this zoning was not intended for a center-loaded product and that it was for garden home/zero lot line product. The Commission agreed that if a developer would like to place a home on the center of the 10t, then he would have to maintain a 10- foot side yard setback on both sides of the home as required by the Unified Development Code. 11. PC2004-069 Discuss and take appropriate action on a request for Master Plan approval for Mesa Oaks Unit 2 Subdivision. The 12.243:t acre tract contains 39 residential lots with a Residential (R-7) use. The tract is located at the northwest corner of Maske Road and Live Oak Road. Applicant: Hardy & Company, Inc. This item was discussed and tabled in the motion on agenda item 10. 12. PC2004-070 Discuss and take appropriate action on a request for Master Plan approval for Mesa Oaks Unit 3 Subdivision. The 20.525:t acre tract contains 81 residential lots with a Residential (R-6) use. The tract is located north of the future Mesa Oaks Unit 1 on the north side of Live Oak Road. Applicant: JWD Management Corporation. . This item was discussed and tabled in the motion on agenda item 10. 13. PC2004-071 Discuss and take appropriate action on a request for Master Plan approval for Schertz Parkway Commercial & School Subdivision. The tract is located on the northeast corner of Schertz Parkway and Live Oak Road. Applicant: JWD Management Corporation This item was discussed and tabled in the motion on agenda item 10. 14. 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. Madison 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, Minutes Planning and Zoning Commission December 28, 2004 Page 5 of 8 . and 20-foot front yard setback. The applicant has revised the plan to address the Commission's concerns. The Commission disapproved the master plan at the December 14, 2004 meeting with concerns about the side yard setback. The Commission asked that staff research the zoning ordinance, city council minutes that may have addressed the side yard setbacks, and any history that would help the Commission with this issue. Ms. Madison stated that the applicant has a right to build the entire subdivision as a zero-lot line product, but would like the flexibility to allow for a variation in the development. She also provided the Commission with an exhibit demonstrating typical lot development between zero lot and center loaded homes. Mr. Richmond stated that the solution was not to increase the square footage of the home, but in the lot size. He stated that the R-5 zoning allows for a small lot, but with a small home. Mr. Griffin stated that the majority of the lots are greater than the 5,000 square foot minimum, and that he would like to have a mix of zero-lot line and center loaded lot product, but noted that the 5- foot side yard setback on the center loaded lots is what he has believed to be allowed. The Commission asked Councilman Greenwald what he remembered from the City Council meeting approving the zoning, and Councilman Greenwald stated that the exhibits attached to the ordinance are what was presented to City Council which indicate a 5-foot side yard setback. Mr. Sommers stated that City Council has approved the ordinance with the attached exhibits and that the Planning and Zoning Commission shouldn't reject it. Mr. Sommers did note that his affirmative vote on this item would not set precedence for future requests for 5-foot side yard setbacks. . Following discussion, Mr. Haddock moved to approve the request. Mr. Wallace seconded the motion. Voting Aye: Mr. Richmond, Mr. Haddock, Mr. Evans, Mr. VanDine, Mr. Sommers and Ms. Tutschke. Voting Nay: Mr. Wallace. Motion carried. 15. PC2004-061 Discuss and take appropriate action on a request for a preliminary plat ofTanglewood 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. Ms. Madison reviewed staff comments and stated that the plan shows 80 lots on 22.53 acres. The plan meets the Unified Development Code requirements and staff recommends approval. Ms. Tutschke inquired about the park land dedication as noted on the agenda. Ms. Madison stated that the applicant had modified their plans to show the park land as green space to be maintained by the homeowner association, and that the developer will pay park fees. Mr. Evans asked that a I-foot non-access easement be placed along Eckhardt Road, and Mr. Griffin stated that he would agree to the request. Following review and discussion, Mr. Wallace moved to approve the request subject to: 1. Adding a I-foot non-access easement along Eckhardt Road. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. .16. PC2004-062 Minutes Planning and Zoning Commission December 28, 2004 Page 6 of8 . Discuss and take appropriate action on a request for a preliminary plat of Tanglewood Park, Unit 2. The 8.896:t acre tract shows 39 single family lots and .877:t acres for park land dedication. The property is zoned Residential-5 (R-5). Applicant: Hillstar Investments, Ltd. Mr. Evans asked that the I-foot non-access easement be pI aced along Eckhardt Road, and that there be a note on Lot 20 of Block 5 stating that no building will be permitted within the utility easement. It was also noted that the agenda was incorrect by stating there would be parkland dedication. Staff reminded the Commission that the developer would be paying park fees. Following review and discussion, Mr. Wallace moved to approve the request subject to: 1. Adding a I-foot non-access easement along Eckhardt Road. 2. Adding a note to Lot 20, Block 5 stating no building will be allowed in utility easement. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 17. PC2004-068 Discuss and take appropriate action on a request for site plan of the Schertz Public Works Facility. The 3.695 :!: acre tract is located at Block 1, Lot 31 in the Schertz Business Park, and is zoned General Business (GB) Applicant: City of Schertz Ms. Madison reviewed staff comments and Councilman Greenwald stated that City Council had reviewed the bids for the new building. . Following review and discussion, Mr. Sommers moved to approve the request. Mr. VanDine seconded the motion. Motion carried. Vote unanimous. 18. Items by Commissioners and City Staff a. Moratorium Ms. Madison: Infonned the Commission that they would be conducting a public hearing on January 11, 2005 regarding a moratorium for the Live Oak Hills Subdivision. She also mentioned that staff will be forwarding Unified Development Code changes to the Commission for review. Mr. Wallace: Agreed with Mr. Richmond's comments regarding density. He stated that developers wm1t to put the largest house on the smallest lot. Mr. Evans: Asked staff to review a new billboard sign along IH 10, just before Graytown Road. Mr. Sommers: Asked if staff followed up on site plans after construction because it had been brought to his attention that a site did not comply. Ms. Madison stated that we only have one code enforcement officer, and asked for the location to follow up. Mr. Sommers was reluctant to give the location. Councilman Greenwald: Stated that we are going into a new year and that there will be lots of building gomg on. . Mr. Richmond: Mentioned the container signs on Fritz Schlather's property have not been painted and that Minutes Planning and Zoning Commission December 28, 2004 Page 7 of 8 additional containers have been placed on the property. Ms. Madison stated that she had spoken with Mr. Schlather, but it was time for him to act. Mr. Richmond also stated that zoning needs to be initiated in the areas previously discussed with Ms. Madison. . 19. Adjournment There being no further business, Mr. Van Dine moved to adjourn the meeting at 9:34 p.m. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. (yOMJ \~ ~~ (~.".,. Chainnan, Planning and Zoning Commission . . Minutes Planning and Zoning Commission December 28, 2004 Page 8 of8