05-13-09 Agenda PacketSCHERTZ PLANNING & ZONING COMMISSION
MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
fila�lr
1. CALL TO ORDER / ROLL CALL
2. INTRODUCTION OF NEW STAFF
3. HEARING OF RESIDENTS
This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill out the Speaker's
register prior to the meeting. Presentations should be limited to no more than five (5) minutes. Discussion by the Commission of any item not
on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion
of the agenda, will call on those persons who have signed up to speak in the order they have registered.
4. CONSENT AGENDA:
Each of these items has been reviewed for conformance to city ordinances and standards, is recommended for approval by the staff, and
approval thereof will be strictly on the basis of staff recommendations. Approval of the Consent Agenda authorizes the Planning and Zoning
Director to proceed with each item in accordance with staff recommendations. The Planning and Zoning Commission has received
background information and has had an opportunity to review these items prior to consideration.
Listed below are non-public hearing applications and other items to be approved within the Consent Agenda. This list is provided on the
Consent Agenda to allow Planning and Zoning Commissioners the opportunity to discuss or withdraw an item for individual consideration
prior to approval of the Consent Agenda. If no items are individually considered, the Consent Agenda will be approved with one motion. If an
item is individually considered, the item will be discussed as the first item following approval of the remaining Consent Agenda and will
require separate motion and action. The Commission is asked to consider and act upon the following requests:
A. Consider and act upon the Planning and Zoning Commission meeting minutes for April 22, 2009.
5. PUBLIC HEARINGS:
The Planning and Zoning Commission will hold a public hearing related to zone change requests within this agenda. The public hearing will
be opened to receive a report from staff, the applicant, the adjoining property owners affected by the applicant's request, and any other
interested persons. Upon completion, the public hearing will be closed. The Commission will discuss and consider the application, and may
request additional information from staff or the applicant, if required. After deliberation, the Commission is asked to consider and act upon
the following requests and make a recommendation to the City Council if necessary.
A. ZC2009 -004 North Schertz between railroads — Zone Change
Hold a public hearing, consider and make recommendation to the City Council on a request to rezone
260.2± acres of land between the Union Pacific Railroads in Comal County from FM -3009 east to FM-
2252 from General Business District -2 (GB -2) and Manufacturing District Light (M -1) to General
Business District (GB) and Residential Agricultural (R -A).
6. ITEMS FOR INDIVIDUAL CONSIDERATION:
Items for individual consideration are those, which do not require a public hearing, generally require design related review by staff and which
may require conditions for approval. Among others, items such as development specific site plans and variances applying to an overall
development are considered under this agenda if they are not tied to a zoning action. Such items, where related applications by the same
applicant are included, will be heard together within the Public Hewing Agenda for the purpose of clarity and review. The Commission is
asked to consider and act upon the following requests:
No items for Individual consideration.
Planning & Zoning blay 13, 2009 Page 1 of 2
7. ITEMS FOR DISCUSSION ONLY:
A. Lots on either side of Schertz Parkway and Woodland Oaks Drive. (E. Evans)
B. Lots on Schertz Parkway and Savannah Drive. (E. Evans)
C. Moving of soils on Windy Meadows Drive. (E. Evans)
D. Spreadsheet of approved applications and expirations. (D. Richmond)
8. REQUESTS AND ANNOUNCEMENTS:
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.
B. Requests by Commissioners to Staff for information.
C. Announcements by Commissioners
• City and community events attended and to be attended
• Liaison Assignments
• Continuing education events attended and to be attended
D. Announcements by City Staff
• City and community events attended and to be attended
9. ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATION
I, Lesa Wood, Planner I of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin
boards on this the 8th day of May, 2009 at 11:15 a.m.., which is a place readily accessible to the public at all times and that said
notice was posted in accordance with chapter 551, Texas Government Code.
Lesa Woo(
Lesa Wood, Planner I, Secretary
I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was
removed from the official bulletin board on day of , 2009.
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you
require special assistance or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in
advance of meeting.
Plannuig & Zoning May 13, 2009 Page 2 of 2
PLANNING AND ZONING MINUTES
April 22, 2009
The Schertz Planning and Zoning Commission convened on April 22, 2009 at 6:30 p.m. at the Municipal
Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
PLANNING & ZONING COMMISSION
David Richmond, Chairman
Ernie Evans, Vice Chairman
Roberta Tutschke
Ken Greenwald
Cedric Edwards
William Sommers
CITY STAFF
Misty Nichols, Senior Planner
Lesa Wood, Planner I
COMMISSIONERS ABSENT OTHERS PRESENT
Gary Wallace Steve Eklund, Bury and Partners
Chad LeBlanc, Professional Edge Engineering
Robert Brockman, 1000 Elbel
1. CALL TO ORDER/ROLL CALL
Mr. Richmond called the meeting to order at 6:32 P.M.
2. HEARING OF RESIDENTS
No citizen comments.
3. CONSENT AGENDA:
A. Consider and act upon the Planning and Zoning Commission meeting minutes for April 8, 2009.
Following the reading of the Consent Agenda item, Mr. Greenwald moved to approve the Consent Agenda.
Ms. Tutschke seconded the motion. Abstaining: Mr. Evans. Vote Aye: Ms. Tutschke, Mr. Sommers, Mr.
Greenwald, Mr. Edwards and Mr. Richmond. Motion carried.
4. PUBLIC HEARINGS:
No items for public hearing.
5. ITEMS FOR INDIVIDUAL CONSIDERATION:
A. PC2009 -003 Discount TireBenevest Subdivision - amending site plan
Consider and act upon a request for approval of an amended site plan of Lot 3 and 4, Block 1,
Benevest Subdivision, for a training facility. The property consists of 1.684± acres of land located on
Guada Coma Drive approximately 166 feet north of Tri- County Parkway. This property is zoned
General Business District -2 (GB -2) and Manufacturing District (Light) (M -1).
Ms. Wood reviewed staff comments and advised the Commission that the applicant was present and had
turned an application for the amending plat.
Minutes
Planning and Zoning Commission
April 22, 2009
Page 1 of 2
6.
►A,
8.
Mr. Richmond recognized the following:
• Mr. Eklund advised the Commission that he was available for questions.
Mr. Richmond questioned the doors and bay on the building.
Mr. Eklund stated that this building is more for distribution of tires and the training facility was more for
upper management and office personnel. This facility will be a replacement for another facility that is closing.
After a short discussion, Mr. Greenwald moved to approve the item. Mr. Sommers seconded the motion.
Vote unanimous. Motion carried.
ITEMS FOR DISCUSSION ONLY
A. Strategic Plan
Ms. Wood advised the Commission that the plan was not ready at this time.
Mr. Greenwald briefed the Commission on the information that he has obtained at the City Council meetings.
REQUESTS AND ANNOUNCEMENTS
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.
• Update on the lots on either side of Schertz Parkway at Woodland Oaks Drive. (E. Evans)
• Update the status of Schertz Parkway at Savannah Drive. (E. Evans)
• Update on all the dirt that is being moved on Windy Meadows Drive. (E. Evans)
• Spreadsheet of approved site plans and expirations. (D. Richmond)
B. Requests by Commissioners to Staff for information.
No information requested.
C. Announcements by Commissioners
City and community events attended and to be attended
Liaison Assignments
Continuing educations events attended and to be attended
• Mr. Richmond briefed the Commission on the April 21, 2009 City Council Meeting regarding the
Northcliffe golf course.
• Mr. Greenwald discussed the April 21, 2009 City Council meeting.
D. Announcements by City Staff
• Zoning and Development information requested by Chairman
• City and community events attended and to be attended
No Comments.
ADJOURNMENT OF THE REGULAR MEETING
The meeting adjourned at 7:07 P.M.
Chairman, Planning and Zoning Commission
Minutes
Planning and Zoning Commission
April 22, 2009
Page 2 of 2
Recording Secretary, City of Schertz
X
Schutt- PLANNING DEPARTMENT
Corridor to the Future
......... ...............................
Date: May 13, 2009 ITEM
5 -A
:........ ..............................:
To: Planning & Zoning Commission
CC: Don Taylor, City Manager
David Harris, Asst. City Manager
File
From: Misty Nichols, Senior Planner
SUBJECT: ZC2009 -004
Hold a public hearing, consider and make recommendation to the City Council on a request to
rezone 2602+ acres of land between the Union Pacific Railroads in Comal County from FM -3009
east to FM -2252 from General Business District -2 (GB -2) and Manufacturing District Light (M -1) to
General Business District (GB) and Residential Agricultural (R -A).
Applicant: City of Schertz
Analysis & Discussion:
• This property was annexed in 1984.(84-A-10)
• The Schertz City Council approved zoning for north Schertz on September 18, 2007
(ordinance # 2007- S -40). After finalizing the map we discovered that more than 20% of the
City is zoned for manufacturing. As a result, we are considering several areas for rezoning
within the City.
• This request is the first in a series of rezoning requests being reviewed by staff.
• This request is to rezone the first 85.8+ acres closest to FM -3009 to General Business and the
remaining 174.4± acres to Single Family Residential/Agricultural. There is approximately
125.0+ acres that is shown in the exhibit that abuts FM -2252 that its current use is a lumber
treatment facility and it's not a part of this rezoning request.
• These proposed zoning designations are based on the various uses and location. The property
is predominantly cropland and pasture with a few residents. There is an ultra -light flying
facility on a 4 -acre parcel which resides within a portion of the proposed R/A designation.
The existing use would be a non - conforming use and is permitted to continue the use until it
is either abandoned for more than 6- months or a new use is requested for the site.
• The 85.8+ acres proposed for General Business is also described as cropland according the
appraisal district but would be better developed commercially.
Page 1
ZC2009 -004
P&Z Meeting 5 -13 -09
• These properties will be directly affected if the proposed Commuter Rail system becomes a
reality.
• The current Comprehensive Land Use Plan, Future Land Use Map indicates that this area is
intended for Industry, Technology, Research Development and Mixed Use. In light of the
possibility that we may have the opportunity to accommodate uses for a Commuter Rail
System we are anticipating other uses in the area that will lend itself for more mixed uses in
the future.
• The frontage of FM -3009 is directly affected by both the railroad overpasses and the loop
access road.
County:
This property is located in Comal County
Project Review & Action:
This is a request to change the zoning from GB -2 and M -1 to GB and R -A.
The Planning and Zoning Commission, in making its recommendation, and the City Council, in
considering final action on a zoning change or zoning map amendment, should consider the
following criteria:
1. Whether the proposed zoning change or zoning map amendment implements the policies of the
adopted Comprehensive Land Plan, including the land use classification of the property on the
Future Land Use Map;
2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or
general welfare of the City and the safe, orderly, efficient and healthful development of the City;
3. Whether the uses permitted by the proposed change in zoning district classification and the
standards applicable to such uses will be appropriate in the immediate area of the land to be
reclassified;
4. Whether the proposed change is in accord with any existing or proposed plans for providing
public schools, streets, water supply, sanitary sewers or other public services and utilities to the
area;
5. Whether there have been environmental and/or economical changes which warrant the requested
change;
6. Whether there is an error in the original zoning of the property for which a change is requested;
7. Whether all of the applicant's back taxed owed to the City have been paid in full (no application
will receive final approval until all back taxed are paid in full); and,
Page 2
ZC2009 -004
P&Z Meeting 5 -13 -09
8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission
and the City Council, are deemed relevant and important in the consideration of the amendment.
Public Hearing Notice: 11
The public hearing notice was published in "The Daily Commercial Recorder" on May $, 2009 and
in the "Herald" on May 14, 2009. Notices were mailed to surrounding property owners on May 1,
2009.
Reply notices received:
Favor — None as of May 6, 2009
Opposed - None as of May 6, 2009
Neutral- Two (2) responses as of May 7, 2009:
(1) Steve Marshall, 20376 FM 2252, Garden Ridge 78266 and
(2) Dennis Wuest 20400 FM #2 San Antonio, 78266
Staff Conclusion:
Because City Council has requested a revision of the Comprehensive Plan to limit the amount of
manufacturing and industrial development on primary arterial streets such as FM -3009; staff
recommends approval of this request.
r;-hr Promo;] is as follows-
". . .,, .,._..
DATE
ITEM
ACTION
Tuesday, June 2, 2009
Zoning
City Council Public Hearing and First
Reading of Ordinance.
Tuesday, June 9, 2009
Zoning
City Council Final Reading of
Ordinance.
Attachments:
Documentation back up
Exhibit
Proposed ordinance
Page 3
CASE NUMBER: ZC2009 -004
CITY OF SCHERTZ
DEVELOPMENT APPLICATION
Please note Completion of an application does not indicate acceptance by the City of Schertz. Placement on an agenda for action
will constitute acceptance of the application.
Name of Subdivision /Development: Northeast area between railroads east of FM -3009
Lot: Block: Address:
Survey Name: Abstract #: Tract #
Location of Property: Northeast area between railroads east of FM -3009 Total Acreage: 260.2
. .............. .......... ....................................... ... ....... _ ............... ......_....................... ............................................. _ ..... ,...._....................... _ ............ ..................._ .......... .. ............. ...._.............. _.._ ..... ...................................... _ ..... .........._.................... . ......... _ .......... _ ..... _ ............................................ __ .... ......
i
# Of Residential Lots: # Of Multi - Family Units: ` # Of Commercial Lots:
D.U.A: D.U.A: Building Square Feet:
...................... ................. .......................................................................................... _...... . ... ..........._......................................... - ............................ ............. ........................... ............................ _ ........ ................................. _ .................... _ .............. ..._...._ .......................................................... .......... .
Acreage of parkland in residential subdivisions: public /private (circle one)
Present Zoning: GB -2 and M -1 Requested Zoning (if applicable): GB and R -A
Existing Use: Residential Agricultural and Commercial_ Proposed Use: Same as existing uses
Current Property Owner's Name: N -A
Street Address, City, State, Zip:
Ph #: Fax #: E -Mail:
Applicant's Name / Company: City of Schertz
Street Address, City, State, Zip: 1400 Schertz Parkway, Schertz Texas 78154
Ph #: 210 - 619 -1780 Fax #: 210- 619 -1769 E -Mail: mnichols@schertz.com
Engineer's Name / Company: N -A
Street Address, City, State, Zip:
Ph #: Fax #: E -Mail:
06•DEVELOPNENr APP.
2.24/09
Page I of 2
Type of Request:
CITY OF SCHERTZ
DEVELOPMENT APPLICATION (Con't)
Annexation
$
Zone Change
$ N/A
Specific Use Permit
$
Site Plan
$
Master Development Plan
$
Preliminary Plat
$
Final Plat
$
Tree Mitigation Affidavit
I am aware of the requirements of the City
affidavit verifies that to the best of my know-h
NMI
Vacating/Replat Plat
$
Variance
$
Amending Plat
$
Minor Plat
$
Amendment to the UDC
$
Amendment to the C.L.P.
$
Other
$
Schertz Unified Development Code regarding Tree
that said property at
This
❑ 1. Has no Protected or Her' a trees as defined in Article VIII ction 4.1 of the Unified Develo ent Code,
❑ 2. Will in no way c se the destruction of or damage any Protected or Heritage tree(s). y wounded or damaged tree(s) will
be repaired im diately according to Article VI ection 4.1 of the Unified Develop nt Code.
❑ 3. Willi olve the removal of Protecte DBH) and /or Heritage trees (2 ' DBH). Tree preservation /removal permit
appli ton is submitted with this app ' tion.
OWNER ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
BEFORE ME, a Notary Public, on this day personally appeared _Don E Taylor _ the undersigned owner, who, under oath, stated the
following: "I hereby certify that I am the owner of this property and authorize the applicant and /or the representative to represent this
property on my behalf, that all information submitted hereinisnme-�orect."
Owner /Authorized
SUBSCRIBED AND SWORN TO before me, this 24 °i day of April, 2009. aaaav,aaaaaaaaaaaaaaaaaaa.
SARAH E. Public EZ
�T � *�.��,. Notary Public
�" State of Texas
(SEAL) D ��� Comm. .10.31 -2012
N 4t� ` kib (f tJ NotaI�W6If,%Ift`La"Ytir` W 9 ffi e`bfTWM
06-DEVELOPMENT APP.
2 -24/09
Page 2 of 2
CASE NUMBER Z(!- «0M'06'[
QTY OF SCIIERTZ
ZONING CHECKLIST
Incomplete packets will NOT be accepted
THE FOLLOWING MATERIALS SHALL ACCOMPANY A COMPLETED DEVELOPMENT APPLICATION:
Fees including breakdown of calculations on a separate sheet
Development Application signed by owner and notarized
Mailing labels with name and address of all property owners within 200 -feet of the site.
-This checklist (signed by applicant /representative)
Legal Metes and Bounds (field notes) on an 8 I /2" by 11" sheet including engineers seal and signature. The legal description shall extend to
the centerline of adjacent thoroughfares and creeks.
15- Black line or blue line copies at (18" by 24 ") or (24" by 36 ") exhibits folded to no larger than 8 1/2" by 11" with title block facing front
One 11" by 17" reduction of exhibit folded to no larger than 8 1/2" by 11" with title block facing front
THE FOLLOWING ITEMS SHALL BE PLACED ON THE EXHIBIT:
'Do not leave any items unchecked **
=''-'PROVIDE COMPLETED CHECK LIST SIGNED BY PREPARER WITH APPLICATION -*
Preparer's Signature:
Printed Name: 'T'Q�'�u � 'FaA
Date prepared: — J
(19 -ZONING Chaklml
04/30/2008
Page f of I
a,
a
U
¢a
ITEMS REQUIRED ON EXHIBIT
�
o
z
1
Title block located in lozeer riot corner with subdivision name or survey name and abstract number, and preparation date
2
Name, address, and phone number of owner, applicant and surveyor
3
North arrow and scale appropriate for the level of detail 1" =100' or 1" =50'), include graphical scale
Location/vicinity ma
tl
4
Legend, if abbreviations or symbols are used
5
Property boundary and dimensions
-!;asting
6
and requested zoning boundary lines
7
A 200 -foot notification bound
8
Show the following information of all properties within the 200 -foot notification area:
a) Land use
b) Zoning
c) Subdivision name (if applicable)
d) Owner name, properly ID# , and address (provided on current tax rolls)
e) Recording information
9
Total gross and net acreage of existing and requested zoning
10
Location of existing rights- of-wa and easements with filing information
11
Location and width of planned and existing thoroughfares, streets, or county roads within and adjacent to the property
12
If exhibit contains proposed thoroughfares add note: "The thoroughfare alignments shown on this exhibit are for
illustration purposes and do not set the alignment. Alignment is determined at time of final plat."
jV
13
Distances to nearest cross streets
Ll
14
Topography at five 5 foot contours or less
15
Existing and proposed FEMA 100 year flood lain areas, or a note that no 100-year flood lain exists on the property
t/T
16
An information required by this application or by the Unified Development Code.
=''-'PROVIDE COMPLETED CHECK LIST SIGNED BY PREPARER WITH APPLICATION -*
Preparer's Signature:
Printed Name: 'T'Q�'�u � 'FaA
Date prepared: — J
(19 -ZONING Chaklml
04/30/2008
Page f of I
ORDINANCE NO.
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE 07 -5 -40 BY
REZONING 260.2± ACRES LOCATED BETWEEN THE TWO UNION
PACIFIC RAILROADS FROM FM -3009 EAST TO FM -2252, COMAL
COUNTY, SCHERTZ, TEXAS FROM GENERAL BUSINESS -2 (GB -2)
AND MANUFACTURING DISTRICT LIGHT (M -1) TO GENERAL
BUSINESS DISTRICT (GB) AND RESIDENTIAL AGRICULTURAL (R-
A); PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
A PENALTY CLAUSE.
WHEREAS, The City is requesting to rezone approximately 260.2 acres of land described in
Exhibit "l, 2, and 3 ", attached hereto and incorporated herein by reference (hereinafter, the
"Property ").
WHEREAS, on May 13, 2009 the Planning and Zoning Commission conducted a public hearing
and determined that this request was in the interest of the public safety health, and welfare and
recommended approval of the requested General Business District (GB) and Residential
Agricultural District (R -A); NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
The Official Zoning Map Ordinance No. 07 -5 -40, as same may have heretofore been amended
by the City of Schertz, Texas is hereby amended in the following manner.
SECTION I
Establishing zoning for a 260.2± acre tract being located between the two Union Pacific
Railroads from FM -3009 East to FM -2252, Comal County, Schertz Texas, more particularly
described in the Maps, as attached hereto as Exhibits "1, 2, and 3" to GB and R -A.
SECTION II
The Official Zoning Map (Ordinance 07 -5 -40) of the City of Schertz described and referred to in
Article 2, of the Unified Development Code shall be changed to reflect the above amendments.
ZC2009 -004 North Schertz between RR
SECTION III
This Ordinance shall be effective immediately from and after its final passage and any
publication in accordance with the requirements of the City of Schertz and the laws of the State
of Texas
SECTION IV
This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this
ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except
insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this
Ordinance, in which event such conflicting provisions, if any, are hereby repealed.
SECTION V
The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional or invalid phrase, clause, sentence, paragraph or section.
SECTION VI
Any person, firm, association of persons, corporation or other organization violating the
provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon
conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation
continues shall be deemed as a separate offense.
Approved on first reading the 26th. day of May, 2009.
PASSED, APPROVED AND ADOPTED the 2nd day of June, 2009.
Mayor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz, Texas (SEAL OF THE CITY)
ZC2009 -004 North Schertz between RR
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