06-28-2005
PLANNING AND ZONING MINUTES
JUNE 28, 2005
The Schertz Planning and Zoning Commission convened on June 28, 2005 at 6:00 p.m. at the Municipal
Complex, Council Chambers, 1400 Schertz Parkway, Schertz, Texas.
PLANNING & ZONING COMMISSION
David Richmond, Chairman
Ernie Evans, Vice Chairman
Keith Van Dine, Secretary (arrived at 6:44 p.m.)
Clovis Haddock
William Sommers
Roberta Tutschke
Tony Wilenchik, City Council Liaison
CITY STAFF
Nancy McBeth, Director of Planning
Jonette Ellis, Planning Technician
Leonard Truitt, Building Official
COMMISSIONERS ABSENT
Gary Wallace
OTHERS PRESENT
Robert Brockman, 1000 Elbel Road
Harry Bennett, HCB Consultants
1. CALL TO ORDER
Chairman Richmond called the meeting to order at 6:00 p.m.
2. CITIZEN COMMENTS
Mr. Brockman complemented Chairman Richmond's support of the Commission's actions at the City Council meetings.
3. CONSENT AGENDA:
A. PC2004-061: Tanglewood Park, Unit 1.
Consider approval of an extension of time for a preliminary plat of Tanglewood Park, Unit 1. The
22.SS:t acre tract indicates 80 single-family lots. The property is zoned Residential-S (R-S). (Applicant:
Hillstar Investments, Ltd.)
B. PC2004-062: Tanglewood Park, Unit 2
Consider approval of an extension of time for a preliminary plat of Tanglewood Park, Unit 2. The
8.896:t acre tract indicates 39 single-family lots. The property is zoned Residential-S (R-S). (Applicant:
Hillstar Investments, Ltd.)
Ms. McBeth reviewed staff comments and stated that the Planning and Zoning Commission approved the preliminary
plats on December 28, 2004. The Unified Development Code states that the approval of the preliminary plat expires
after six months from the date of approval unless the final plat has been submitted for approval.
A notice of expiration was sent to the applicant on May 6, 2005 stating that a request for extension must be submitted
before the plat expires on June 28,2005 or a new application would be required.
Minutes
Planning and Zoning Commission
June 28, 2005
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The applicant is asking for a twelve-month extension for the preliminary plat and has indicated in his letter (dated 6-22-05)
that he will be submitting a [mal plat within the next two months. Staff Recommendation: Approval of a 6-month
extension of time.
Ms. McBeth also presented to the Commission two new laws regarding vesting of development rights for property owners
and developers regarding expiration date of an application. She stated that the law allows for the application to be active
for two years from the date of application.
Ms. Tutschke stated that acting on this item would be irrelevant based on the new laws. Mr. Evans stated that the law
doesn't indicate if the law is retroactive, and Mr. Sommers asked for an effective date. Ms. McBeth stated that the current
applications on file would not be grandfathered.
Following review and discussion, Mr. Sommers moved to approve Consent Agenda items 3A and 3B for extensions of two
months. Mr. Haddock seconded the motion. Motion carried. Vote unanimous.
4. PUBLIC HEARINGS:
There are no public hearings scheduled for this agenda.
5. ITEMS FOR INDIVIDUAL CONSIDERATION:
A. PC2005-032
Receive a report, hold a discussion and take action on a site plan for the Tri-County Business and
Industrial Park Subdivision Unit 3, Lot 21R for a 53,760-square foot office/warehouse facility. The 5.22
:l: acre property is located south of FM 3009, along Corridor Parkway. (Applicant: ZMR Capital
Limited)
Ms. McBeth reviewed staff comments and stated that the Planning and Zoning Commission approved a replat at the
June 14,2005 meeting.
The site plan illustrates that the plan exceeds the required number of parking spaces by 35 spaces. The landscape plan
shows a 4-foot berm along Corridor Parkway to buffer the parking spaces. The applicant has exceeded the number of
trees required by 8-inches ofDBH. Staff has reviewed all items and found them to be in compliance with the Unified
Development Code; therefore, there are no outstanding issues. Staff Recommendation: Approval.
Mr. Richmond asked if the applicant was present, and no one in the audience came forward. Mr. Richmond asked
staff what the building construction type would be, and Mr. Truitt stated that he assumed it would be tilt wall
construction. Mr. Richmond asked that a note be placed on the site plan to reflect the construction material.
Ms. Tutschke inquired what a wall pack means, and Mr. Evans stated that it was a wall mounted light. Mr. Evans
stated that he was pleased with the landscape plan and liked the truck parking in the rear of the building.
Following review and discussion, Mr. Sommers moved to approve the site plan with the following condition:
1. Adding a note to the site plan indicating the type of exterior construction of the building.
Mr. Haddock seconded the motion. Motion carried. Vote unanimous.
Minutes
Planning and Zoning Commission
June 28, 2005
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B. ZC2005-019
Call a public hearing on a request to rezone 76.588:t acres from Residential-2 District (R-2) to Planned
Unit Development District (PUD). The subject property is situated in the Toribio Herrera Survey
Number 68, Abstract 153. The property is located 1,978 feet west of Schertz Parkway on Savannah
Drive. (Applicant: Centex Homes, a Nevada General Partnership)
Ms. McBeth asked the Commission to conduct a public hearing on July 26,2005. Mr. Evans asked what was the
intent of the applicant. Ms. McBeth stated that the applicant is requesting a Planned Unit Development (PUD) which
will have design guidelines that will be more restrictive. Unfortunately, the Unified Development Code does not
provide guidelines for a PUD, and Ms. McBeth stated she is currently working on revising the UDC to add the zoning
district. Mr. Evans stated that the PUD was removed from the UDC because there was no control over the district and
that historically PUDs have not worked. Mr. Truitt stated that this particular request would require development
guidelines in the Air Installation Compatible Use Zone (AlCUZ).
Ms. McBeth stated that the Commission should not be discussing the item without it being an agenda item, that this
item is a call for public hearing only, and that the Commission is only required to read the agenda item.
Mr. Evans stated that he would not vote on a PUD without reviewing the documents/development standards prior to a
public hearing. He also stated that he was not against PUDs, but wanted to review prior to any action. Ms. McBeth
stated that staff is still reviewing the documents. Mr. Richmond asked that completed documents be provided to the
Commission prior to the public hearing for review, and mentioned that the Commission was not taking exception to
PUDs, but rather that these guidelines are new to the Commission. Ms. McBeth stated that would be a violation of the
public hearing process.
Mr. Bennett, representing Centex, stated that he provided staff with documents and asked what the next process would
be. Staff indicated that they are still reviewing the documents, and would meet with the applicant to discuss their
comments.
Following review and discussion, Mr. Haddock moved to call for a public hearing on July 26,2005. Ms. Tutschke
seconded the motion. Voting Aye: Mr. Haddock. Voting Nay: Mr. Richmond, Mr. Evans, Mr. Sommers and Ms.
Tutschke. The motion failed. Mr. Richmond stated that the Commission would like to discuss this item prior to
calling or conducting a public hearing.
C. ZC2005-021
Call a public hearing on a request to rezone 3.0:t acres from Residential/Agriculture District (R-A) to
Manufacturing District-Light (M-1). The subject property is situated in the Rafael Garza Survey
Number 93, Guadalupe County, Texas. The property is located at the northwest corner ofFM 1103
and Old Wiederstein Road (5450 FM 1103). (Applicant: Dean Chinni, Sigma Industrial Automation,
Inc.)
Ms. McBeth asked the Commission to conduct a public hearing on July 26, 2005. Mr. Evans asked what was the
intent of the applicant. Ms. McBeth stated that the applicant is requesting to zone the property M-1 to allow for an
existing business to expand. She stated that the property was annexed several years ago, and has several homes and a
business (Texas Scales) on the property. The business assembles scales for the testing of packaged food and the
expansion would only be for an assembly area and a showroom. The existing buildings would be a legal non-
conforming use and would not be required to change. Ms. McBeth stated the applicant has brought forward the
zoning, platting and site plan.
Mr. Sommers asked if live animals were on the property for testing, and Ms. McBeth stated no, they only test the
Minutes
Planning and Zoning Commission June 28, 2005
Page 3 of 5
equipment with packaged foods. Mr. Evans asked ifthere were homes on the property, and if this was the appropriate
zoning for the area. He asked if this was spot zoning. Ms. McBeth stated that this is a family business and there are
homes on the property, but not in the area that the applicant is seeking to rezone. Ms. McBeth also stated that this is
the only district that will allow light assembly. Mr. Sommers stated that the M-1 District would allow for sexually
oriented businesses, and Ms. McBeth stated that staff is working with the applicant to prepare a list of allowed uses.
Mr. Wilenchik stated that this item, like the others on the agenda were to call for a public hearing and not for
discussion. He stated that this is not the time to discuss the appropriateness of the zoning and that the Commission
was in violation of the open meetings act.
Ms. McBeth stated that the Commission was only required to read the agenda item.
Following discussion, Mr. Van Dine moveg to call for a public hearing on July 26, 2005. Mr. Sommers seconded the
motion. Motion carried. Vote unanimous.
D. ZC2005-020
Call a public hearing to amend the Unified Development Code. (Applicant: City of Schertz)
Ms. McBeth asked the Commission to conduct a public hearing on July 26, 2005. She listed the Unified
Development Code changes that would be proposed to the Commission:
1. Provide language for an Alternative Development Code or Planned Unit Development.
2. Amend language in the platting and procedure sections to meet State Law.
3. Remove the Specific Use Permit required in the Air Installation Compatible Use Zone (AICUZ) and create an
overlay district.
4. Amend administrative procedures
Following review and discussion, Mr. Haddock moved to call for a public hearing on July 26,2005. Mr. VanDine
seconded the motion. Motion carried. Vote unanimous.
6. ITEMS FOR DISCUSSION
A. Planning Commissioner Comments
Mr. Richmond: Mentioned that Mr. Wallace is recovering at home after his surgery and is doing well. He also
stated he will be on vacation and miss the July 12,2005 meeting.
Mr. Van Dine: Apologized for being late to the meeting and absent at the last meeting. He voiced concern for the
Commission not calling for a public hearing on agenda item 5B. Mr. Evans stated that with the new law regarding
vesting, he'd like to review the item prior to accepting the application or calling for a public hearing.
Mr. Sommers: Asked if the packet could be scanned and e-mailedtotheCommission.Ms. McBeth stated that the
new City Council chambers would allow for digital viewing of the packet, but staff would review further. Mr.
Sommers also inquired about a joint work session with City Council to receive a briefing on new State Laws. Mr.
Wilenchik said that he would mention it to the Council.
B. City Council Report
Mr. Wilenchik: Stated that City Council is undecided on the variance requested by Larry Aiken for the Mesa Oaks
development and that the item will be on their next work session for discussion.
C. Director's Report
Minutes
Planning and Zoning Commission
June 28, 2005
Page 4 of5
(1) Upcoming agenda items
Ms. McBeth stated that City Council approved the Planning Department fee schedule and that the Unified
Development Code would require some changes to reflect the approved fees.
(2) Budget, AP A Conferences and other matters
Ms. McBeth stated that the 2006 National AP A Conference would be held in San Antonio, and that the 2005
Texas AP A Conference would be in Fort Worth. Due to budget constraints, she asked the Commission which
conference they'd like to attend. Mr. Evans noted that it would be best for the Commission to attend the Texas
AP A Conference.
7. ADJOURNMENT
There being no further business, Mr. VanDine moved to adjourn the meeting at 7 :28 p.m. Mr. Haddock seconded the
motion. Motion carried. Vote unanimous.
fi~Jv~j~
Chairman, Planning and Zoning Commission
Recording Secretary, City of Schertz
Minutes
Planning and Zoning Commission
June 28, 2005
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