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PZ 05-23-2012PLANNING AND Z®NING IVIIl~[7TES May 23, 2012 The Schertz Planning and Zoning Commission convened on May 23, 2012 at 6:00 p.m. at the Mtmicipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Bert Crawford, Jr. Christian Glombik Ernie Evans Jake Jacobs Ken Greenwald Richard Braud Gordon Rae, Alternate Michael Dahle, Alternate f TTV CT A 1G'l~i' Michelle Sanchez, Director of Development Services Misty Nichols, Senior Planner Brian James, Executive Director of Development Patti White, Admin. Asst. Development Services COMMISSIONERS ABSENT OTIIERS PRESENT Richard Gooch HMT EnglSurveying, WML Sub. Brad Pittman -Round One Capital, Sedona Trails 1. CALL TO ORDER/ROLL CALL Mr. Richmond called the meeting to order at 6:00 P,M. 2. None. 3. SEAT ALTERNATE T® ACT IF' REd~UIRED HEARING OF RESIDENTS No citizen comments. 4. CONSENT AGENDA: A. Minutes for April 25, 2012- B. Minutes for May 9, 2012. After the reading of the Consent Agenda, Mr. Jacobs moved to approve both items. Mr. Greenwald seconded the motion. Vote was 6-0~1 with Mr. Evans abstaining. Motion carried. 5. PUBLIC HEARING: A. ZC20I2-003 Hold a public hearing, consider and act upon a request to rezone approximately 0.974 acres of land from Predevelopment District {PRE) to General Business District (GB). The property is more specifically described as a portion of Lot 1 of the WML Subdivision, City of Schertz, Corral County, Texas, generally located ora southbound IH 35 between Engel Road and Eckhardt Road. Minutes Planning and Zoning Commission May 23, 2012 k'age 1 of 4 Public Hearing opened at 6:07pm. Ms. Nichols presented the request per staff report and explained that this item considers rezoning 0.974 acres, which is a portion of Lot 1 of the WML Subdivision. The property was platted in 2000. At that time, the southwestern portion of the property had been annexed into the City of Schertz and was zoned GB. The northeastern portion, which is proposed to be rezoned, was not in the city limits and as such was not zoned; this portion of the property was annexed in 2010. The property was assigned a zoning of PRE as a temporary placeholder. A building, which is currently vacant, exists on the subject property. The building on this site has been vacant for more that 6 months, but had previously been utilized as a contractor's office. The UDC Article 7- Nonconforming Uses, states that a nonconforming use may continue unless the use ceases to operate for a continuous period of 1$0 calendar days. In order to utilize and occupy the building, it must be rezoned as very few uses are allowed in the PRE zoning district. There were 4 notices mailed to surrounding property owners on May 11, 2012 and no responses were received. Notice was published in the Daily Commercial Recorder on May 17, 2012. No one spoke far or against the request; the Public Hearing closed at 6:08pm. Mr. Evans stated that we were considering only property at 6410 IH 35. Mr. Jacobs asked why not zone the property behind, which is adjacent to this property as GB as well? Ms. Nichols said this is only a segment and we would have to survey and it would be best to wait to see where we are going in the future. [Mr. Schuetz only owns the property being rezoned.] Mr. Crawford asked the applicant what the intended use is. Mr. Richard Gooch of HMT Engineering and Surveying, New Braunfels, TX stated that his client is intending to rent the facility for commercial use, and the building will be left as is. Mr. Brand asked if this is east of our city limits, and is this county or New Braunfels? Ms. Nichols stated that yes, it is east of New Braunfels. M.r. Crawford stated that the city limits sign is not correctly pasted. Ms. Nichols stated that TXDOT is in charge of the placement of the signs and they may not be the most cut~-ent. Mr. Greenwald moved to approve this item. Mr. Crawford seconded the motion. Vote was unanimous. Motion carried. 1g. ZC2012-002 Hold a public hearing, consider and act upon a request to amend the Sedona Trails Planned Development District (PDD) zoning, a mixed use development, consisting of approximately 504.56 acres. The property is more specifically described as a. portion of the Julian Diaz Survey No. 66, Abstract No. 187 County Block 5059, and also a portion of the E.R. Evans Survey No. 80, Abstract No. 21.6, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79, Abstract No. 424, County Block 5058, City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower Seguin Road. Public Hearing opened at 6:13pm. Ms. Nichols stated that the staff requests that the item be tabled as all concerns and questions have not been addressed. This request is for Module 1. and includes a proposed name change, screening, fencing, signage, landscaping and hike and. bike trail. Ms. Sanchez stated that the public hearing would be held tonight as notices have been sent out for the public hearing. The public hearing would be continued, which would allow the public to comment at the next meeting on .tune 13, 2012. There were 121 notices mailed to stu•rounding property owners and a total of 8 Minutes Planning and Zoning Commission May 23, 2012 Page 2 of 4 received responses with 7 in favor and 1 opposed Mr. James stated. that the public hearing would be held tonight so the public can ask questions and offer comments, and the public hearing would continue at the June 13, 2012 meeting. Staff will send a courtesy notice to residents to invite them to come back on June 13th to speak again. If not a.eted on June 13th, we would close the public hearing, and would bring it back after 2 meetings and. re-notice it officially as a public hearing. Archie Haley, 8466 Greaves Lane, stated that the new development will be within 30' of his residence and 24+ homes are in the floodplain. He stated that he is concerned about run off onto his property and wants to ask that they look at his concern of flooding. Ruben Saldana, 12213 Ware Seguin, stated that he is right over the hazardous flight tine, and asked if the proposed area is aver the hazardous flight path at Randolph AFB? Public Hearing was continued at 6:26pm until the June 13, 2012 meeting. Mr. Jacobs moved to continue the Public Hearing for this item until the June 13, 2012 meeting. Mr. Crawford seconded the motion. Vote was unanimous. Motion carried. G. REQUESTS ANI~ ~A,NN®iJNCEMENTS A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. Mr. Richmond asked if the UDC/Building Code update would be on the next agenda and how Fairhaven issues may affect revisions. Ms. Sanchez responded it would be added as a discussion item. B. Rega~ests by Commissioners to Staff for information. ® Mr. Braud would like all attachments for agendas to be posted on the web site. Ms. Sanchez stated that Staff can do that. ® Mr. Jacobs requested a Gateway update. Mr. James stated that there will be a tentative public meeting on June 25th and June 26th regarding downtown specifically and added area on IH35 north. • Mr. James would like to add a work session far the June 13, 2012 meeting to give an overview/update to the Commission for the public meeting. C. Announcements by Commissioners + City and community events attended and to be attended ® Continuing education events attended and to be attended Mr. Evans stated that the developer in the City of Selma has reworked the area north of Keningston Ranch to the existing development on Wiederstein off 1518 with a potential for a large subdivision. Mr. Greenwald stated that Earl Sawyer, former Mayor, passed away this morning. Mr. Richmond stated that City Attorney Michael Spain mentioned that he has noticed that Planning and Zoning Cotnrnissioners attendance at City Council meetings has been significant resulting in a possible quorum, which is a violation. of the Open Meetings Act without posting. Mr. Spain will bring to the City Secretary's attention that a statement for future City Council meetings needs to be included in posted Agendas and that Commissioners may have a quorum 1V(inutes Planning and Zoning Commission May 23, 2012 Aage 3 of 4 ~~: _ - .. ,, ^