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03-29-2006 PLANNING AND ZONING MINUTES March 29, 2006 The Schertz Planning and Zoning Commission convened on March 29, 2006 at 6:30 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #1, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice Chairman Keith Van Dine, Secretary William Sommers Roberta Tutschke Gary Wallace CITY STAFF Leonard Truitt, Interim Planning Director Jonette Ellis, Planner I Misty Nichols, Planning Technician COMMISSIONERS ABSENT Kevin Grant Tony Wilenchik, City Council Liaison OTHERS PRESENT Robert Brockman, 1000 Elbel Road Ken Greenwald Virgil Bately, 6905 FM 482 Joan Blanchard, 226 Royal Oaks Keith Sanders, A OK Mini & RV Storage Rudy Winkler, RFW, Inc. 1. CALL TO ORDER Chairman Richmond called the meeting to order at 6:30 p.rn. 2. CITIZEN COMMENTS Mr. Brockman asked if there were certain circumstances why there was a preliminary plat, final plat and site plan for the same property being considered on the agenda. Staff responded by stating that an applicant has the right to submit multiple applications for the same project, but it is subject to additional fees. 3. CONSENT AGENDA: A. Consider and act upon approval of the March 14, 2006 Planning and Zoning Commission meeting minutes. B. PC2006-008 Consider and act upon a request for a final plat of the Whisper Meadows at Northcliffe II, Unit 5 Subdivision. The 12.7:t acre tract consists of 76 residential lots, generally located off FM 1103, east of Orth Avenue. The property is zoned Residential District-5 (R-5). Applicant: 1103 Land Development Ltd. Minutes Planning and Zoning Commission March 29, 2006 Page 1 of7 There being no comments regarding the Consent Agenda, Mr. Sommers moved to approve Consent Agenda Items 3A and 3B. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Staff comments, attached herewith and made part of these minutes, include a recommendation of approval. 4. PUBLIC HEARINGS: A. ZC2006-001 Hold a public hearing and consider and act upon a request to rezone 52.391:t acres from Pre Development (PD) to Residential District-6 (R-6). The tract is situated out of the F. Rodriguez Survey No. 99, Abstract No 484, Comal County, Schertz, Texas. The property is generally located at the southwest corner of FM 482 and Friesenhahn Lane. The property is referred to as Terracita. Applicant: Centex Homes Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include several options for the Commission to consider. Mr. Trey Marsh and Mr. Jeff Foster, Centex Homes, were present and asked the Commission to consider approval of their request. Mr. Foster stated that the proximity of the elementary school, which serves as an anchor, attracted Centex to this location. He stated that the school provides a sense of community in the area and that an industrial use would not be the best use next to a school. He also stated that staff had shared the desires of the Commission and City Council regarding zoning the area to M -1, but felt that since there is a tremendous land mass, the land uses should transition to a less intense use from IH 35. He also noted that the tract is next to the Edwards Aquifer Transition Zone, and that a residential use would be less intense than an industrial use, which would impact the Zone. Mr. Foster stated that property taxes would be paid to the City, but the property is in the Comal Independent School District, and this development would not impact the Schertz-Cibolo-Universal City School District. Mr. Robert Brockman asked how many letters were received in opposition, and staff responded two. He also asked how many single-family lots would be proposed, and Mr. Marsh responded approximately 200. Mr. Brockman stated that residential development doesn't pay enough taxes to offset the financial burden for the City. Mr. Ken Greenwald stated that the Comal ISD is the third worst district in the State. Mr. Virgil Bately inquired about a drainage study because from time to time high rainfalls have cause water to flow over the railroad tracks. Mr. Marsh stated that a preliminary drainage study had been performed but not submitted to the City that indicates that the development would provide detention ponds for a 100- year storm, and the development would not impact surrounding properties with regards to drainage. There being no one else to speak for or against the request, Chairman Richmond closed the public hearing at 6:55 p.m. Mr. Sommers inquired if the area annexed had vested rights, and Mr. Evans stated that the area was annexed into the City of Schertz to provide them water and sewer services. Mr. Sommers also inquired if this was the proposed light-rail line, and Mr. Richmond stated that it was not. Mr. Evans also stated that the Forbes tract, which is in this area, is currently zoned M-l and that he disagreed with the applicant that a residential use would be best for the area because of the safety of school . Minutes Planning and Zoning Commission March 29, 2006 Page 2 of7 children crossing the railroad tracks. Mr. Foster noted that manufacturing uses wouldn't be attractive to the area and the safety concern should be additional truck traffic in front of the school. Mr. Evans stated that he didn't feel there was a lot of truck traffic in the area. Ms. Joan Blanchard spoke from the audience and stated that there is a lot of truck traffic along FM 482, going too fast, and said that it would not be acceptable to increase the truck traffic. Mr. Wallace and Mr. Richmond both stated that the presentation was good, but that the proposed development is contrary to recent strategic guidance given to the Commission by City Council. There being no further comments, Mr. Sommers moved to forward this item to City Council with a recommendation of disapproval. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. B. ZC2006-002 Hold a public hearing and consider and act upon a request to rezone 6.256:t acres from Pre Development (PD) to General Business (GB). The tract is situated out of the G. Malpaz Survey No. 67, Abstract No. 221, Guadalupe County, Schertz, Texas. The property is generally located at the northeast corner ofFM 3009 and FM 78. The property is referred to as A-OK Mini and RV Storage. Applicant: Keith Sanders, A-OK Mini and RV Storage Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval. Mr. Keith Sanders was present requesting approval from the Commission. There being no one else to speak for or against the request, Chairman Richmond closed the public hearing at 7:10 p.rn. Mr. Sommers and Mr. Richmond inquired about the remaining acreage and whether or not the vehicle parking would be moved to the rear of the property. Mr. Sanders stated that it was his intention to move the parking to the rear of the property when financially feasible, but the next phase of his development would mirror what is currently developed. Mr. Wallace voiced concern about the drainage and asked if a large amount of water would be able to get under the railroad tracks at FM 78, and Mr. Truitt stated that the drainage ditch was designed to allow the water to back up and flow freely under the railroad tracks. Mr. Evans stated that he would like to see the storage ofRV's, boats, etc. moved to the back ofthe property off of FM 3009. He also stated that the site did not provide the landscaping and screening that was previously approved by the Commission such as slats in the fencing. Mr. Truitt stated he would review the minutes from the previous meetings. Following review and discussion, Mr. Sommers moved to forward this item to City Council with a recommendation of approval. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. C. ZC2006-003 Hold a public hearing and consider and act upon amending the City of Schertz Comprehensive Land Plan, Chapter 5 (Transportation), Figure 5.2 (Master Thoroughfare Plan). Applicant: City of Schertz. Minutes Planning and Zoning Commission March 29, 2006 Page 3 of? Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval. There being no one else to speak for or against the request, Chairman Richmond closed the public hearing at 7:22 p.m. Mr. Sommers asked for a clarification of change #10 regarding the extension of FM 3009, and staff explained that TxDOT was reviewing the possible feasibility of extending FM 3009 and the location of FM 3009 on the map would be one possibility. Following review and discussion, Mr. Wallace moved to forward this item to City Council with a recommendation of approval. Ms. Tutschke seconded the motion. Motion carried. Vote unanimous. D. SUP2005-005 Hold a public hearing, and consider and act upon a request for a Specific Use Permit of Lots 9- 11, Block 3 in the Nell Deane Subdivision. The 2.8229:t-acre tract shows 5,600 square foot of office/warehouse facilities located in the Air Installation Compatible Use Zone (AICUZ). The property is zoned General Business (GB). Applicant: RFW, Inc. Ms. Nichols reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval. Mr. Rudy Winkler was present and thanked staff for working with his development. There being no one else to speak for or against the request, Chairman Richmond closed the public hearing at 7:29 p.m. Mr. Evans stated the plan appears to show the buildings crossing the lot lines and asked if a building could be constructed to the lot line. Ms. Nichols stated that the buildings do not cross the lot lines and the General Business District allows for zero lot lines, except when adjacent to residential. Mr. Sommers asked the applicant what the use would be, and Mr. Winkler stated that the spec building was being leased to a national rental building supplier that rents storage containers for construction sites. Following discussion, Mr. Wallace moved to forward this item to City Council with a recommendation of approval. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 5. ITEMS FOR INDIVIDUAL CONSIDERATION: A. PC2006-004 Consider and act upon a request for a preliminary plat of Pic-N-Pac, Block 2, Lot 3. The 2.2929:t acre tract is located at the southeast corner of m 35 Access Road and Legacy Oaks Parkway. The property is zoned General Business (GB). Applicant: Harvey E. Wuest, Jr. Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval. Ms. Ellis also stated that the applicant or his representatives were not present. Minutes Planning and Zoning Commission March 29, 2006 Page 4 of7 Mr. Sommers stated that he'd like to recommend disapproval based on the applicant not being present, and stated that it has been the policy of the Commission to table or disapprove the item if the applicant was not present. Staff reminded the Commission that the only action that the Commission can make on a plat is to approve, approve with conditions or deny the request and state the reason for the denial. The Commission inquired about the driveway opening and the access off ofIH 35. Staff stated that TxDOT had approved the driveway. Mr. Evans stated that he wanted it on the record that he would like to put TxDOT on notice that allowing the access off of IH 35 is a foolish, unsafe move and safety should be the paramount issue. Discussion continued regarding truck traffic to the location and staff stated that the only truck traffic would be the gas tankers to refuel the tanks and delivery trucks. Following review and discussion, Mr. Wallace moved to approve the request. Mr. Evans seconded the motion. Voting Aye: Mr. Richmond, Mr. Wallace, Mr. Evans and Ms. Tutschke. Voting Nay: Mr. Sommers and Mr. Van Dine. Motion carried. B. PC2006-005 Consider and act upon a request for a final plat of Pic-N-Pac, Block 2, Lot 3. The 2.2929:t acre tract is located at the southeast corner of ill 35 Access Road and Legacy Oaks Parkway. The property is zoned General Business (GB). Applicant: Harvey E. Wuest, Jr. Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval. Ms. Ellis also stated that the applicant or his representatives were not present. Mr. Evans stated that he wanted it on the record that he would like to put TxDOT on notice that allowing that opening is creating a major traffic and safety issue and they need to be prepared to pay for the rectification of it, not the City of Schertz. Following review and discussion, Mr. Wallace moved to approve the request. Ms. Tutschke seconded the motion. Voting Aye: Mr. Richmond, Mr. Wallace, Mr. Evans and Ms. Tutschke. Voting Nay: Mr. Sommers and Mr. Van Dine. Motion carried. C. PC2006-006 Consider and act upon a request for a site plan of Pic-N-Pac, Block 2, Lot 3. The 2.2929:t acre tract is located at the southeast corner of ill 35 Access Road and Legacy Oaks Parkway. The plan shows a 4,140 square foot gas station/convenience store and a 3,416 square foot automatic/self-serve car wash. The property is zoned General Business (GB). Applicant: Harvey E. Wuest, Jr. Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval with conditions. Ms. Ellis also stated that the applicant or his representatives were not present. Minutes Planning and Zoning Commission March 29,2006 Page 5 of7 Immediately, Mr. Sommers moved to table the item because the applicant was not present. Mr. VanDine seconded the motion. Mr. Wallace asked that this item have further discussion. The following items were discussed: signage, masonry fencing, tree preservation, landscaping and the applicant not being present to address these concerns. Following review and discussion, Mr. Sommers amended his motion and moved to disapprove the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 6. ITEMS FOR DISCUSSION A. City Council Report Mr. Truitt updated the Commission on City Council actions because Mr. Wilenchik was not present at the meeting. B. Director's Report Discussion regarding Sign Ordinance Mr. Truitt presented a draft of the sign ordinance and asked the Commission to review and notify him with any concerns or recommended changes. This item will be brought forward in a public hearing to change the Article in the Unified Development Code. Mr. Truitt also stated that the City of Schertz is in the process of planning for the City's 50th Anniversary scheduled for 2008 and asked the Commission for any comments for the celebration. C. Planning Commissioner Comments Discussion and possible action, if necessary, regarding Zoning Issues Mr. Richmond: Provided the Commission on an update ofthe upcoming bond election and stated that the ballot will have five propositions for consideration. He also mentioned that the Commission's number one priority was to proceed with the rezoning of the City. Mr. Evans: Notified staff of contractor signs near HEB on IH 35 and along FM 3009. He also mentioned that it was the intent of the Commission to rezone a certain number of parcels in the City. Mr. Truitt stated that staff is working with the City Attorney regarding the notification requirements, but stated that the Permission Use Chart in the Unified Development Code would also need to be amended. Mr. Van Dine: Inquired if it was a rule in the Unified Development Code that the applicant must be present. Staff stated no, but the Commission reminded Mr. Van Dine that it has been the policy of the Commission for some time. Staff reminded the Commission that a denial of a plat because the applicant was not present, would set the Commission up for possible litigation. Mr. Wallace: Reminded staff that the Commission requires the signage to be placed on the site plan. 7. ADJOURNMENT OF THE REGULAR MEETING Minutes Planning and Zoning Commission March 29, 2006 Page 6 of? There being no further business, Mr. Van Dine moved to adjourn the meeting at 8:25 p.m. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. ro~) ~L~Jv Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission March 29,2006 Page 7 of7