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12-13-2005 PLANNING AND ZONING MINUTES DECEMBER 13, 2005 The Schertz Planning and Zoning Commission convened on December 13, 2005 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 Gary Wallace William Sommers (arrived at 7:14 p.m.) Kevin Grant Roberta Tutschke Tony Wilenchik, City Council Liaison CITY STAFF Nancy McBeth, Director of Planning Jonette Ellis, Planner I Amy Madison, Economic Development Director Larry Dublin, Ford Engineering COMMISSIONERS ABSENT None OTHERS PRESENT Robert Brockman, 1000 Elbel Road Thomas Flores, Flores & Company Harry Jewett, Harry Jewett & Associates Scott Fenfer, K.B. Homes Melford Ackermann, Maske Road Russell May, Realtor Pat Tanner, Maske Road 1. CALL TO ORDER Chairman Richmond called the meeting to order at 6:30 p.m. '. 2. Welcome New Commissioner Mr. Richmond introduced Kevin Grant and the Commissioners welcomed him to the Planning and Zoning Commission. Mr. Richmond also asked for a moment of silence for the passing ofMr. Steve Simonson. 3. Nomination and Election of Chairman, Vice-Chairman and Secretary of the Planning and Zoning Commission Due to Mr. Sommers not being present at this time, Mr. Evans moved to move this item to the end of the agenda until Mr. Sommers arrives to have a complete quorum. Mr. Van Dine seconded the motion. Motion carried. Vote unammous. Following the arrival of Mr. Sommers, Mr. Richmond asked for nominations for Chairman, Vice-Chairman and Secretary. Mr. Sommers moved to nominate the current officers for the same positions. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Mr. Grant inquired about how long could one succeed themselves and whether or not the positions should be alternated. Ms. McBeth stated that an officer's appointment is for one year, but could succeed themselves if the vote was unanimous. Mr. Richmond stated he has been Chairman for 4 years, Mr. Evans stated he has been Vice-Chairman for 4 years and Mr. Van Dine stated he has been Secretary for 20 years. Mr. Grant also asked if anyone else was interested in serving, and no one replied. Minutes Planning and Zoning Commission December 13,2005 Page 1 of6 With the nominations on the table, Mr. Richmond asked for a vote. Mr. Wallace moved to elect Mr. Richmond as Chairman, Mr. Evans as Vice-Chairman, and Mr. Van Dine as Secretary. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. 4. CITIZEN COMMENTS Citizen comments on items other than those listed on this agenda. Mr. Robert Brockman inquired why the Planning and Zoning Commission was still in meeting the Court Chambers, and Mr. Wilenchik and Ms. McBeth stated that staff and the Commission would be trained prior to moving to the new Council Chambers to hold their meetings. Mr. Brockman also inquired if Mr. Grant had been sworn in, and Mr. Grant stated that the City Secretary has sworn him in. S. CONSENT AGENDA: A. PC200S-079 Consider and act upon a request for a site plan of an 8,667 square foot office/warehouse building. The 1.28:t acre tract is located at the Schertz Industrial Park, Block 2, Lot 6, 17320 Bell North Drive. The property is zoned Manufacturing District-Light (M-l). Applicant: Biltmore Commercial Group, LLC. B. PC200S-077 Consider and act upon a request to for a preliminary plat ofthe Whisper Meadows at Northcliffe Unit S. 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-S (R-5). Applicant: 1103 Land Development Ltd. C. PC2005-080 Consider and act upon a request for a site plan of a 9,000 square foot warehouse building located in the Schertz Business Park, Lot 29, Block 1. The property is zoned Manufacturing District-Light (M-l). Applicant: Michael F. and Jennifer S. Biry Following reading of the agenda items, Mr. Van Dine moved to approve Consent Agenda Items 3A, 3B and 3C. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. Staff comments, attached herewith and made part of these minutes, include a recommendation of approval. 6. PUBLIC HEARINGS: A. SUP2005-003 Hold a public hearing and consider and act upon a request for a specific use permit to allow a residential use in the General Business District (GB). The 0.504:t acre tract is located at 5604 Pfeil Road, approximately 341-feet northeast ofIH 10. Applicant: Juan Zuniga Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval. Mr. Thomas Flores was present and requested the Commission consider allowing a single family home to be constructed in the General Business District. There being no one else to speak, Chairman Richmond closed the public hearing. Mr. Grant inquired why a specific use permit was needed. Ms. McBeth stated that the Unified Development Code requires a spe~ific use permit and that all owners of the property would be required to apply for a new specific use permit. Ms. Tutschke stated that the applicant may be put in a situation where they could not sell the property if they couldn't get a specific use permit, but Mr. Wilenchik added that a specific use permit could be obtained prior Minutes Planning and Zoning Commission December 13,2005 Page 2 of6 to the sale or purchase of the property. Following review and 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. B. ZC2005-027 Hold a public hearing and consider and act upon a request to rezone 11.796:t acres from General Business (GB) to Residential District-7 (R-7). The tract is situated out of the Torribo Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located at the southeast corner of Schertz Parkway and Maske Road. Project Name: Ackermann Ridge East. Applicant: Malford Ackermann for KB Homes Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval. Mr. Harry Jewett stated the subdivision, if approved, would consist of 38 single family homes with access off of Schertz Parkway with a right in/right out only. Mr. Jewett stated that the FEMA LOMR, when approved by FEMA, would remove the flood plain area within the development. The drainage for the area would be controlled by on-site detention. Mr. Scott Fenfer, representing K.B. Homes, stated the concept for the development was to create a welcoming, unique entry off of Schertz Parkway. Ms. Amy Madison stated the EDC was working on a Strategic Plan that would bring more commercial development to the area, and requested the Commission consider the concept of a "town center" and preserve the General Business zoning in the area. Mr. Malford Ackermann stated that it was time to sell his property, and requested the Commission consider the request. He also stated that he had provided the necessary easement and right-of-ways requested by the City over time. Mr. Larry Dublin voiced concerns regarding the maintenance and dedication of the waterways. Mr. Fenfer stated that the homeowner association would own and maintain all open space, amenities and waterways. Mr. Russell May, realtor for Mr. Ackermann, stated that there was no demand for commercial in the area. Mr. Robert Brockman inquired about the gas line, and was told that it does not go through this property. Ms. Pat Tanner voiced concerns regarding the future closing of Maske Road and how it would impact her property. There being no one else to speak, Chairman Richmond closed the public hearing. Mr. Evans asked staff if they met with the applicant and discussed the access issues. Mr. Evans also voiced concerns that a traffic impact analysis for the whole area should be performed. Ms. McBeth stated that staffhas worked with the property owners to work on access to the property. Ms. McBeth stated that there would not be a median cut on Schertz Parkway. Mr. Wallace voiced concerns about the single point of access for the development and asked how traffic would be handled if the development was built as commercial. Ms. McBeth stated that even commercial development would have the same issues. Minutes Planning and Zoning Commission December 13, 2005 Page 3 of 6 Mr. Grant stated that Schertz Parkway sets the tone for development in the area, and that people needed a place to shop. Mr. Richmond stated that the City is losing a lot of commercially zoned property along Schertz Parkway and FM 3009. He believes that a town center concept has merit, and he would be interested in seeing the area around City Hall developed as professional office, retail, etc. to respond to the citizens' needs. Following review and discussion, Mr. Wallace moved to forward this item to City Council with a recommendation of disapproval. Mr. Van Dine seconded the motion. Voting Aye: Mr. Richmond, Mr. Wallace, Mr. Evans, Mr. Van Dine and Ms. Tutschke. Voting Nay: Mr. Grant. Mr. Sommers abstained due to arriving late and didn't hear the entire testimony. Motion carried. C. ZC2005-028 Hold a public hearing and consider and act upon a request to rezone 15.927:t acres from General Business (GB) and Residential District-2 (R-2) to Residential District-7 (R-7). The tract is situated out of the Torribo Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located at the southwest corner of Schertz Parkway and Maske Road. Project Name: Ackermann Ridge West. Applicant: Malford Ackermann for KB Homes Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval. Mr. Harry Jewett stated the subdivision, if approved, would consist of 61 single family homes with access off of Schertz Parkway with a right in/right out only and through the Bindseil tract. Mr. Jewett stated that the FEMA LOMR, when approved by FEMA, would remove the flood plain area within the development. The drainage for the area would be controlled by on-site detention. Ms. Amy Madison stated the EDC was working on a Strategic Plan that would bring more commercial development to the area, and requested the Commission consider the concept of a "town center" and preserve the General Business zoning in the area. Mr. Malford Ackermann asked staff who was opposed to the request and Ms. Ellis stated a reply letter was received from Mr. Louis Stanton. Mr. Robert Brockman inquired about the total number of lots between the two tracts and was informed that there would be 99 single family lots. Mr. Larry Dublin voiced concerns regarding safety issues on Schertz Parkway, and stated that most people exiting the development will want to go north, but will have to turn south, which would require them to do a u-turn at Live Oak Road. He stated there are visibility issues at that location. Mr. Scott Fenfer stated that any safety issues would still be an issue with commercial development. He stated that the residential development would create less traffic. There being no one else to speak, Chairman Richmond closed the public hearing. Mr. Evans stated that Mr. Fenfer had raised the issue, and he was not willing to approve any development without a traffic impact analysis. He also inquired if Maske Road would provide access to Mr. Ackermann's homestead. Staff stated yes, but access to Schertz Parkway from Maske Road would eventually be closed. Minutes Planning and Zoning Commission December 13, 2005 Page 4 of6 Mr. Richmond inquired if the developer could develop and market only one side of Schertz Parkway, and Mr. Fenfer stated he couldn't answer that question without a market analysis. Following review and discussion, Mr. Wallace moved to forward this item to City Council with a recommendation of approval. Mr. Van Dine seconded the motion. Voting Aye: Mr. Grant, Mr. Wallace, Mr. Van Dine and Mr. Sommers. Voting Nay: Mr. Richmond, Mr. Evans and Ms. Tutschke. Motion carried. 7. ITEMS FOR INDIVIDUAL CONSIDERATION: A. Consider and act upon the 2006 Planning and Zoning Commission calendar of meetings. Ms. McBeth provided the Commission with the 2006 Planning and Zoning Commission calendar for their review and consideration. Ms. McBeth stated that the meeting dates the weeks of Thanksgiving and Christmas have been removed. The Commission thanked Ms. McBeth. Following review and discussion, Mr. Van Dine moved to approve the calendar for the 2006 Planning and Zoning Commission meeting dates. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. 8. ITEMS FOR DISCUSSION A. City Council Report Mr. Wilenchik reviewed City Council actions with the Commission, that included: LCRA grant for a Northcliffe park, possible partnership with SAMYS soccer club, TSAC recommendation regarding the intersection of Legacy Oaks Parkway and Schertz Parkway, TIP for Sedona, announced the Daily Recorder as the official newspaper, City Charter review, and reported that he was appointed Mayor Pro-Tern. B. Director's Report Ms. McBeth announced that she had graduated from the University of Incarnate Word with her Masters Degree, and the Commission congratulated her. C. Planning Commissioner Comments Ms. Tutschke: Stated she attended the Festival of Angels event on December 2,2005 and was very impressed. Mr. Van Dine: Apologized for missing the last meeting. Mr. Richmond: Inquired about the recycling center and fencing at the Green Valley Elementary School, and reminded staff that the trees at Walgreen's need to be addressed. He also mentioned that the revised sign ordinance had been sent to Mr. Spain for review. He stated that he had attended the Board of Adjustment meeting and stated that the Board Members and the Commission need to maintain consistency with regards to signage. He also stated that he'd like the Commission to consider items to be placed on a priority list to present to City Council for ajoint work session. 9. ADJOURNMENT OF THE REGULAR MEETING There being no further business, Mr. Van Dine moved to adjourn the meeting at 8:32 p.m. Mr. Grant seconded the motion. Motion carried. Vote unanimous. Minutes Planning and Zoning Commission December 13, 2005 Page 5 of6 10. WORK SESSION The Work Session will be held in the Bob Andrews Conference Room after adjournment of the Regular Meeting. A. Hold a work session providing the Planning and Zoning Commission information relative to changes in state law, Open Meetings Act, and other pertinent matters to the Planning and Zoning Commission. The Commission and Staff met with the City Attorney, Michael Spain, to review changes in state law and the Open Meetings Act. Discussion only, no action taken. IicvJ Jtt~.,JL ----~ \ I i ! ... Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission December 13, 2005 Page 6 of 6