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07-25-2007 PLANNING AND ZONING MINUTES July 25, 2007 The Schertz Planning and Zoning Commission convened on July 25, 2007 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 Clovis Haddock William Sommers Roberta Tutschke Gary Wallace Michael Carpenter, City Council Liaison CITY STAFF Thomas Rhodes, Mitchell Planning Group Misty Nichols, Planner II Chris Gabbard, Planner I Lesa Wood, Recording Secretary COMMISSIONERS ABSENT Ken Greenwald OTHERS PRESENT Robert Brockman, 1000 Elbel Manuel Berroteran, Design Velocity Enterprises Rudy Winkler, R.F.W., Inc. David Montelongo, Montelongo Developments, LLC 1. CALL TO ORDER/ROLL CALL Mr. Richmond called the meeting to order at 6:32 P.M. 2. CITIZEN COMMENTS No one spoke. 3. CONSENT AGENDA: A. PC2007-050 Consider and act upon a request for approval of a final plat of Old Wiederstein Road. The 16.667::1: acres establishes the right-of-way for Old Wiederstein Road from IH 35 south approximately 2,700 feet, then east to FM 1103. Owner/Applicant: City of Schertz Representative: Larry Dublin, Ford Engineering, Inc. City withdrew the item to consider at a later time. B. PC2007-057 Consider and act upon a request for approval of final plat Lots 1-24, Block 1, Lots 1-11, Block 2, Lots 1-21, Block 3, and Lots 1-37, Block 4 of Bindseil Farms Subdivision. This 26.127::1: acre tract contains 87 single-family residential lots. The property is zoned single-family Residential-7 (R-7) and is generally located at the intersection of Schertz Parkway and Live Oak Road. Owner: Burkett Live Oak Limited Applicant: Larry Aiken Representative: Don McCrary/Don McCrary & Associates Following reading of the agenda item, Mr. Wallace moved to approve Consent Agenda item 3B. Mr. Sommers seconded the motion. Vote was unanimous. Motion carried. Minutes Planning and Zoning Commission July 25, 2007 Page I of4 4. PUBLIC HEARINGS: A. ZC2007-005 Hold a public hearing, consider and act upon a request to rezone 4.105:t acres out of the Malpaz League Survey and Division No.2 of Survey No. 67 in Section No.3 and Part of the Ottomar L. Dietz, Et Al 250 Acre Tract, Guadalupe County, Texas from Single-Family Residential- 1 District (R-l) to Neighborhood Services District (NS). The property is located at the northwest corner ofFM 3009 and Patrick Henry. Owner: William Dietz, Robert Dietz, and Dennis Dietz Applicant / Representative: David Montelongo, Montelongo Developments, LLC Public hearing was opened at 6:38 pm. Ms. Gabbard reviewed staff comments and introduced the applicant. David Montelongo, Montelongo Developments, LLC, presented the commission a plan for the property. Mr. Montelongo stated that studies were done and he feels this development would raise property values and the traffic would be local traffic. He stated that the sellers of the property were present. Bill Turner, 144 Patrick Henry, stated he has many concerns. He feels we just do not need another strip center on 3009 and the effects it will have on everyone in Schertz. He quoted Money magazine and stated he would like to make Schertz a great place to live. Charles and Peggy Frey, 100 Lincoln; Peggy Frey stated her concerns on the impact this development would have on the whole neighborhood and the dangers for pedestrians. Charles Frey stated he was concerned with the entrance on 3009 and that Neighborhood Services is the same as business. Bill Deitz, 5318 GlenWick, Dallas, Texas, presented a brief history of the property and family. He noted that when coming into town he noticed all the development on 3009. Robert Deitz, 908 Fawn, stated that he has lived here for 67 years and gave a brief statement on family history and property. Tom Lawlor, 3009 and Cherrywood, stated he was opposed and had concerns with safety and traffic. Faye Simmons, 316 Cyrus McCormick, expressed concerns on safety and quality of life. She suggested the City of Schertz propose a bond issue to purchase the property for a park and wildlife. Gail Killen, Eli Whitney, opposed the zone change because of the traffic and depreciation of property values. Richard Howson, 117 Howard, offered a quote from the newspaper from Hal Baldwin. Laura and Mark Reinhardt, 132 Lincoln; Laura quoted from the comprehensive land plan and expressed concerns with the traffic safety and the location of the building on the property. Mark Reinhardt expressed concern with the traffic safety and feels that all the people should have a say not just the residents that live within 200 ft. N. Brady, 148 Patrick Henry, stated concerns with the noise from the garbage trucks in the alley. Public hearing was closed at 7:24 pm. Mr. Wallace questioned Mr. Dietz about a comment that was made at the last public hearing that this property was zoned commercial before. Is that true? Mr. Dietz stated that when it was originally set aside by his father it was zoned commercial. Mr. Richmond commented that by state law the owner has a right to sell his property and quoted the definition of Neighborhood Services from the UDC. He addressed the parks question and the development of 3009 and Schertz Parkway. Mr. Rhodes indicated that the state legislature through the Texas local government code has established the minimum notification requirement of 200 feet. The legislature believes this is the radius of greatest impact. He also stated that if the opposition is over 20% or greater within the 200 feet radius then the City Council will have to have a three fourths vote to approve. Mr. Sommers recommended the commission look at the staff list provided in the packet, and he answered each of the questions and suggested not to recommend approval of this item to Council. After discussion, Mr. Sommers moved to recommend disapproval to City Council. Mr. Wallace seconded Minutes Planning and Zoning Commission July 25, 2007 Page 2 of 4 the motion. Vote unanimous. Motion carried. B. SUP2007-005 Hold a public hearing, consider and act upon a request for a Specific Use Permit of Lot 33 and Lot 34, Block I, in the Nell Deane Subdivision. The proposed commercial lots are for speculative buildings within the Air Installation Compatible Use Zone (AICUZ). The 2.3367:t acre tracts are zoned General Business - 2 (GB2). The tract is situated out of the Genobera Malpaz Survey No. 67 Abstract No. 221, Guadalupe County, Schertz, Texas. The property is located approximately 106 feet east of the intersection ofFM 1518 on Nell Deane Street. Owner /Applicant/ Representative: Rudy Winkler, R.F.W., Inc. Public hearing opened at 7:52 pm. Ms. Gabbard reviewed staff comments. Public hearing closed at 7:54 pm. After a short discussion on lot lines Mr. Sommers moved to recommend approval to City Council. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. 5. ITEMS FOR INDIVIDUAL CONSIDERATION: A. PC2007-047 Consider and act upon a request for site plan approval of Lot 33 and Lot 34, Block 1, in the Nell Deane Subdivision. The proposed commercial lots are for speculative buildings within the Air Installation Compatible Use Zone (AICUZ). The 2.3367:t acre tracts are zoned General Business - 2 (GB2). The tract is situated out of the Genobera Malpaz Survey No. 67 Abstract No. 221, Guadalupe County, Schertz, Texas. The property is located approximately 106 feet east ofthe intersection ofFM 1518 on Nell Deane Street. Owner /Applicant/ Representative: Rudy Winkler, R.F.W., Inc. Ms. Gabbard reviewed staff comments. Mr. Sommers moved to approve the item contingent on City Council approval of the SUP. Mr. Haddock seconded the motion. Vote unanimous. Motion carried. 6. ITEMS FOR DISCUSSION A. City Council Michael Carpenter thanked the commission and made note of the article on Schertz in Money magazine and Forbes. He also reminded the commission that next week is the joint session between the City Council and the Planning and Zoning commission. B. Director's Report Mr. Rhodes advised the commission that the City is going through the rezoning process of the northern half, letters are being prepared to go out, and the rezoning request tentatively is scheduled to go to the commission in August and the City Council in September. Mitchell Planning Group has completed their review of the UDC, and will present a diagnostic to staff on Monday to get recommendations and set a timeline to present it to the commission. C. Planning Commissioner Comments Ms. Tutschke: Minutes Planning and Zoning Commission July 25, 2007 Page 3 of 4 No comments. Mr. Sommers: Questioned budgeting of parkland. Mr. Evans: Suggested that inspections take a look at Kramer Farm for dirt from runoff. Mr. Wallace: No comments Mr. Haddock: No comments. Mr. Richmond: Reminded the commission of the joint meeting with City Council and that he would not be present. He asked the commissioners to notify Misty of their interest in attending the AP A conference. 7. ADJOURNMENT The meeting adjourned at 8:12 P.M. .. . ry~J2~~.l LC-LLkl Recording Secretary, City of Schertz Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission July 25, 2007 Page 4 of 4