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12-10-2002 PLANNING AND ZONING MINUTES DECEMBER 10, 2002 The Schertz Planning and Zoning Commission convened in Public Hearing on December 10, 2002 at 7:00 p.m. at the Community Center, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice-Chair Ken Greenwald, ex-officio William Sommers Joyce Briscoe Keith VanDine Gary Wallace CITY STAFF Ron Youngblood, City Planner Misty Nichols, Recording Secretary Chris Hertzig, Ford Engineering Amy Madison, Community Development Leonard Truitt, Building Official COMMISSIONERS ABSENT None OTHERS PRESENT Gloria Hale, 100 Valley Oak Evelyn Rogers, 109 Valley Oak John Owen, 25301 IH 35 North Dora Escalante, 537 Maple Drive Phyllis Knight, 113 Valley Oak Mary Zigmond, 705 Exchange Mark Hensley, 1421 Oak Street Max Hernandez, 100 Roundtree Robert Brockman, 4505 Grand Forest Robert Hunt, 1100 N.E. Loop 410 Claire Guillemette, 1201 Cedarwood Klaus Weiswurm, 5925 Corridor Pkwy Steve Hughes, Block District John Woods, 25301 IH-35 N Patty Raspino, 105 Church Street John Sheridan, 6025 Corridor Pkwy Kerry Cherrine Wilda Patton, 1425 Oak Street Frank Ritchie, 206 Lee Street 1. Call To Order: Chairman Richmond called the meeting to order at 7:00 p.m. 2. Public Hearing: On a request from the Planning and Zoning Commission amending the Unified Development Code (Permissible Uses Article IV) in order to comply with the recently adopted Sexually Oriented Business Ordinance (Ordinance # 02-L-16). (ZC# 174- 02) Planning & Zoning Minutes December 10, 2002 Page 1 of6 Chairman Richmond opened the meeting for a Public Hearing. Chairman Richmond also gave a brief explanation for the need to change the Unified Development Code to reflect sexually oriented businesses as an allowed use in the Manufacturing District-Light (M-l), and also presented a map showing proposed areas that could be affected. Mr. Youngblood advised the Commission that 495 letters were mailed to property owners affected by this change. The City has received thirty-seven (37) letters in opposition and forty (40) letters in favor of the request. Seventeen (17) letters were returned by the Post Office undeliverable. Mr. Mark Hensley voiced concerns that children may be exposed to this type of business. Chairman Richmond stated that sexually oriented businesses cannot be located within 1,000 feet of a publici private school, park, church or residential use or district. Mr. Max Hernandez representing Lone Oak Homeowners Association, stated that the letter sent was very confusing and hoped staff could simplify future letters. He appreciated the Chairman's introduction to the request which helped explain the City's intent. Mr. Robert Brockman asked how many letters were sent out and who was notified. Staff responded to his inquires. He also applauded the Commission and Staff for a job well done in addressing this issue. Mr. Klaus Weiswurm suggested extending the 1,000-foot barrier to ensure exposure to sexually oriented businesses from where children might actually be, such as day care facilities, family entertainment business, etc. Ms. Connie Locke, City Attorney, addressed the Commission and the audience to let them know that constitutionally, the City cannot prohibit development of sexually oriented businesses, yet it can control their development and zoning standards. Those restrictions or standards cannot be more restrictive than other businesses located in the same district. Mr. Steve Hughes, Block Distributing, voiced concerns of there being no buffer for the properties currently zoned M-l along the FM 3009 corridor. He suggested that they consider changing the zoning along FM 3009 west ofIH 35 to General Business (GB) to create the buffer. Mr. John Woods, New Braunfels, asked if the City of Schertz was working with the City of New Braunfels on the revised ordinance. Patty Raspino voiced concerns regarding day care facilities in offices, warehouse facilities or manufacturing facilities and asked if the 1,000-foot buffer would apply. She also voiced concerns of advertising sexually oriented businesses on billboards. Chairman Richmond explained that the sign ordinance regulates off-premise signs. Mr. John Sheridan voiced his opposition to the request, stating that the City is already too restrictive. He submitted his letter of opposition to staff. Ms. Kerry Cherrine asked about the possibility of a day care facility locating near an existing sexually oriented business. Ms. Locke stated that the sexually oriented business would be grandfathered. Planning & Zoning Minutes December 10, 2002 Page 2 of6 Ms. Wilda Patton thanked the Commission for the explanation of the request and submitted her letter in favor of the request. Mr. Frank Ritchie was in support of the amendment to the ordinance and asked for stronger restrictions. 3. Adjourn Public Hearing: Chairman Richmond adjourned the Public Hearing at 8:15 p.m. The Schertz Planning and Zoning Commission convened in regular session after the Public Hearing. The agenda is as follows: 4. Call to Order: Chairman Richmond called the regular session to order at 8:25 p.m. 5. Approval of Minutes: No action was taken on this item due to the minutes not being prepared. 6. Status of Final Plats: Forest Ridge Commercial, Buffalo Flats and Nabisco Plats are ready to be recorded. 7. BOA Actions: The next scheduled Board of Adjustment meeting is scheduled for December 16, 2002 at 6:30pm. 8. Citizens' Input Other than Agenda Items: Mr. Robert Brockman was present to address the Commission and asked the City to inspect a tree at Autumn Winds which is fifteen (15) feet over the roadway. Staff will follow-up. 9. Consider and Take Appropriate Action: On the above Public Hearing on the Permissible Uses Article in the Unified Development Code. Following review, Mr. Van Dine moved to approve the changes in the Unified Development Code, Article IV as follows and recommends City Council's approval on the changes. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. Article IV, Permissible Uses, Section 5, (page 21) Land Uses, Manufacturing District-Light (M-l) is being proposed to be changed to add the following: Manufacturing District-Light (M-l) Reference Article XIV, Section 2.2: Adult Bookstore, Adult Theater, Adult Cabaret, Sexual Encounter Center, Adult Motion Picture Theater, Nude Live Entertainment Club, Video Store, Massage Parlor, Love Parlor, Adult Arcade, Adult Novelty Store, Nude Model Studio, Escort Agency and Adult Motel (When Permitted by Law and Article XVIII, Section 6 this Code). Planning & Zoning Minutes December 10, 2002 Page 3 of 6 10. Consider and Make Recommendation: To set a Public Hearing for Mr. & Mrs. Hollingsworth's requesting the renewal of a Specific Use Permit for their residence at 18411 IH 35 N which is currently zoned Manufacturing District-Light (M-l). Mr. Youngblood reviewed the request with the Commission and stated that the specific use permit adopted to allow for the mobile home, had a time limit of three (3) years. The applicant's request is to extend the time period. Mr. Youngblood also stated the department could not locate the original file. Following review and discussion regarding the time limit set for the Specific Use Permit, Mr. Sommers moved to call a Public Hearing for the second Planning and Zoning meeting in January 2003. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 11. Consider and Take Appropriate Action: On a request from Don McCrary and Associates for preliminary plat approval to vacate and replat the G.D. Bar Subdivision (Tri- County Retail Center). (PC# 553-02) Mr. Youngblood reviewed staff comments with the Commission. Discussion included concerns for sidewalks necessary to access adjacent properties. Mr. Evans pointed out an error on the preliminary plat that states in the signature block, "Merino Corporation" and asked the applicant to correct it. Chairman Richmond suggested that the applicant not limit pedestrian traffic between the adjacent businesses, and stated that a sidewalk would be necessary. Mr. Jason Dixon, Don McCrary and Associates, addressed the Commission. He stated that there is a retaining wall between the two properties and a sidewalk would require a TxDOT permit. Following review and discussion, Mr. Van Dine moved to approve the request. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. 12. Consider and Take Appropriate Action: On a request from Jason Dixon for site plan approval of The Tri- County Retail Center (pC# 552-02) Mr. Youngblood reviewed the request with the Commission. The application is requesting two (2) variances: 1) exclusion of sidewalks and, 2) reduction of parking space dimensions. Mr. Evans was concerned that there was no sign detail. Mr. Youngblood stated that the applicant would submit a sign detail once the tenants lease the property. Mr. Evans also had concerns of a deceleration/turn lane offIH 35 Frontage Road. Chairman Richmond had concerns for the reduction in length of the parking spaces. He believes the majority of the vehicles visiting this business may be longer than 18- foot, which could prevent vehicular movement. He also suggested the applicant place landscape islands in the parking lot at the light poles. Planning & Zoning Minutes December 10, 2002 Page 4 of6 The applicant, Jason Dixon, stated that the site would lose parking spaces if the landscape islands were required. Following review, Mr. Van Dine moved to disapprove the request. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. 13. Consider and Take Appropriate Action: On a request from Deborah Bell for replat approval in the Northcliffe Subdivision, Block 31 Lots 20 and 21. (pC # 531-02) This item was previously tabled at the July 23, 2002 Planning and Zoning meeting. Mr. Van Dine moved to remove this item from the table. Mr. Sommers seconded the motion. Motion carried. Vote unanImous. Following review and discussion regarding no building being placed on the utility easement, Mr. Van Dine moved to approve the request. Mr. Sommers seconded the motion. Motion carried. Vote unanImous. 14. Discussion: Pape-Dawson Tri-County Business Park II project. Discussion included the possibilities of development for a portion of a city street (Assembly Circle) to be transferred and platted to a tract of land located in the Tri-County Business Park II project. The Commission reviewed three different options: 1) the City to quit-claim a portion of the street to the applicant; 2) modify the configuration of the cul-de-sac; or 3) create a loading zone. Discussion only, no action taken. 15. Discussion: Methodology for updating the Unified Development Code (UDC) to reflect changes of the Comprehensive Land Plan. Discussions included: a) Complete zoning buffer for FM 3009. b) Schedule monthly workshops to meet with Staff to update the Unified Development Code chapter by chapter. 16. Items by Commissioners and City Planner: Mr. Evans asked Staff to review the construction on Deitz Creek. Mr. Wallace asked Staff to develop a system to track specific use permits. Mr. Sommers asked if all requests for variances to the Unified Development Code come to the Commission. Mr. Truitt stated yes. Planning & Zoning Minutes December 10,2002 Page 5 of 6 17. Adjournment: There being no further business, Chairman Richmond adjourned the meeting at 10:42 p.m. ro~jJ~ 1 Chairman, Planning and Zoning Commission \.. "- ~chaDff Recordi g Se tary, City of Schertz Planning & Zoning Minutes December 10, 2002 Page 6 of6