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01-24-2007'. -0' ' PLANNING AND ZONING MINUTES January 24, 2007 The Schertz Planning and Zoning Commission convened on January 24, 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 Keith Van Dine, Secretary William Sommers Gary Wallace Michael Carpenter, City Council Liaison (an-ived at 6:40Pm) CITY STAFF Leonard Truitt, Development Services Director Misty Nichols, Plamier II Chris Gabbard, Planner I Sam Willoughby, Public Works Director Steve White, Interim Economic Development Director David Scagliola, City Councilman Larry Dublin, Ford Engineering COMMISSIONERS ABSENT Kevin Grant -Reserve Duty Roberta Tutschke 1. CALL TO ORDER/ROLL CALL OTHERS PRESENT Robert Brockman, 1000 Elbel Chad LaBlanc, McCrary & Associates Rosa Valdez, Kimley-Horn & Assoc. Brian Parker, Kimley-Hoi-~i & Assoc. Gary Hill, CEC Engineers Harry Bemiett Alex Rodriguez, AA Builders, hlc. Steven Eklund, Bury & Partners Brian Chandler, Drenner & Golden Michele Haussman, Drenner & Golden Trey Batchelder, Oaks at Green Valley II, Ltd. Mr. Riclunond called the meeting to order at 6:34 P.M. 2. CITIZEN COMMENTS Mr. Robert Brockman, 1000 Elbel, Commented to the Commission that City Council authorized staff to spend $100,000 to buy property on Freeway Manor. 3. CONSENT AGENDA: Mr. Evans requested items 3A and 3C be pulled from the Consent Agenda for separate discussion. B. PC2006-133 Consider and act upon a request for final plat of the Schertz C-Store II. The 1.444±-acre tract is generally located on the northeast corner of Schertz Parkway at Woodland Oaks Drive. The property is zoned General Business (GB). Applicant/Owner: Jim Ramsey, PP Schertz Partners Ltd. Representative: Brian Parker, Kimley-Horn and Associates, Inc. Minutes Planning and Zoning Coininission January 24, 2007 Page 1 of 6 ~, ,.~ Following reading of the agenda item, Mr. Van Dine moved to approve Consent Agenda item 3B. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. A. PC2006-108 Consider and act upon a request for final plat of the Schertz C-Store. The 5.945±-acre tract is generally located on the southeast corner of Schertz Parkway at Woodland Oaks Drive. The property is zoned General Business (GB). Applicant/Owner: Jim Ramsey, PP Schertz Partners Ltd. Representative: Brian Parker, Kimley-Horn and Associates, Inc. Mr. Evans had some concerns about the drainage detail not being on the plat. He also was concerned about some wordage that was on the plat that that he felt should not be there. Mr. Parker, Kimley-Horn, stated that it would be corrected, that it was an oversight. Mr. Wallace moved to disapprove the Consent Agenda item. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. Motion failed. C. PC2006-115 Consider and act upon a request for final plat of the Lack's Subdivision. The 48.034±-acre tract is located at IH 35 and Schwab Road. The property is zoned Manufacture District -Light (M-1). Applicant/Owner: Melvin Lack /Lack Properties, Inc. Representative: Steven D. Eklund, P.E. /Bury & Partners-SA, Tiic. Mr. Evans had some concerns on the easements, and these being recorded by a separate instrument. Mr. Eklund, Bury & Partners, spoke about a portion of the easements being off site and when they are established Lacks will have the easements recorded prior to the final plat being recorded. Mr. Wallace moved to approve the Consent Agenda item. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Motion carried. 4. PUBLIC IIEARINGS: Mr. Richmond postponed the following Public Hearing item to February 14, 2007 since Ms. Tutschke was not present at the meeting. H. ZC2006-021 Hold a public hearing and consider and act upon a request to rezone a 209.71f acre tract from Manufacturing District-Light (M-1) and General Business District (GB) to Planned Unit Development (PUD). The tract is situated out of the T. Herrera Survey Number 68, Abstract Number 153, Guadalupe and Comal County, Schertz, Texas. The property is generally located on IH-35 Southbound Access Road at Schertz Parkway. Owner: Mid-Cities 35 Partners Ltd. Applicant: Robert Hunt Minutes Planning and Zoning Commission January 24, 2007 Page 2 of 6 A. PC2006-103 Hold a public hearing and consider and act upon a request to vacate Lot 16, Block 1 of the NCB East Central Village Subdivision, establishing Lots 22, 23, and 24 of Block 1, including two variance requests. The 4.99 acre tract is located on Ware-Seguin Road (1190 Ware-Seguin Road) approximately one-half mile southwest of Pfeil Road. Owner: Albert and Antonia Vargas Applicant: Joe Vargas Representative: Civil Engineering Consultants, Gary Hill Public Hearing was opened at 6:54 pm. Mr. Vargas, 11343 Mentmore, Helotes, Tx, thanked the Commission for considering the request so that his family could all live on the same property. Mr. Hill, CEC Engineering, spoke about the property. Mr. Brockman, 1000 Elbel, requested knowing the variances. Mr. Richmond responded that they are requesting an extension from the fire hydrant and a flag lot. Mr. J. Lindquist, 8630 E. FM 1518, stated he bought property because of the large acreage lots surrounding his. He can't see three homes on one lot. He is very opposed. Ms.Vargas, 11900 Ware-Seguin Rd., stated she owns the lot in question, and she stated that there are two and three acre lots surrounding her lot. Public Hearing closed at 6:58 pm After some discussion, Mr. Van Dine moved to approve the request. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. B. PC2006-112 Hold a public hearing and consider and act upon a request for final plat and replat of Oaks at Green Valley II. The 3.196± acre tract contains 1 commercial lot. The tract is located at the northeast confer of FM-3009 and Arroyo Verde. The property is zoned Neighborhood Services (NS). Owner/Applicant: Oaks at Green Valley, II, Ltd., Steve Braha Representative: MBC & Associates, Fernando Saenz Public Hearing was opened at 7:13 pm Mr. Teague, 1308 Circle Oak, stated his concerns are with the drainage and /flooding. Mr. Fernando Saenz, MBC Engineering, responded stating they will be channelizing the entire creek and taking the area out of the flood plain. Mr. Evans questioned if the access misses the tree. Mr. Batchelder stated yes. Mr. Wallace had some concerns on the culvert and if it was the same size as the bridge. Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Vote unanimous. Motion carried. C. PC2006-106 Hold a public hearing and consider and act upon a request to vacate Lot 2, Block 1 of the Cal-Tex Subdivision, creating Lots 1R and 2R of Block 1. The 23.793E acre tract contains 2 commercial lots and is generally located one-third of a mile southeast of FM 2252 on FM 3009 (7455 FM 3009). Owner: FM 3009 Property LLC. Applicant: Cal-Tex Protective Coating, Eric Green Representative: The Schultz Group, Inc. Public Hearing was opened at 7:34 pm. No one was present to speak about the public hearing. Minutes Planning and Zoning Commission January 24, 2007 Page 3 of 6 .. Public Hearing was closed at 7:34 pm After some discussion, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Vote unanimous. Motion carved. D. ZC2006-023 Hold a public hearing and consider and act upon a request to rezone 0.4751 acre tract from Pre- Development District (PD) to Public Use District (PUB). The tract is situated out of the James Gray Survey Number 255, Abstract Number 144, Guadalupe County, Schertz, Texas. The property is generally located at the southwest intersection of Scenic Link and Columbia. Owner/Applicant: City of Schertz Representative: Sam Willoughby, Public Works Director Public Hearing was opened at 7:42 pm. No one was present to speak. Public Hearing was closed at 7:42 pm. After some discussion, Mr. Wallace moved to recommend approval to the City Council. Mr. Van Dine seconded the motion. Vote unanimous. Motion can-ied. E. ZC2006-022 Hold a public hearing and consider and act upon a request to rezone 3.00E acre tract from Single- Family Residential District-2 (R-2) to Public Use District (PUB). The tract is situated in the T. Herrera Survey Number 68, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located approximately one-third mile west from the intersection of the FM-3009 and Live Oak Road. Owner/Applicant: City of Schertz Representative: Sam Willoughby, Public Works Director Public Hearing opened at 7:47 pm. Albert Fena, 1035 Live Oak Road, understands need for a water tank, believes will hurt residents down the road financially with upkeep. He is opposed. Charles Leverich, 1043 Live Oak Road, he does not like having a seven story tower next to his property, he felt that it would devalue his property. He is opposed. Maggie Pena, 1039 Live Oak Road, stated if she had known the property was for sale she would have bought it. -She is fearful of the water possibly coming out of it and of it falling over. She is opposed. Public Hearing closed at 8:00 pm. After some discussion, Mr. Sommers moved to recommend approval to the City Council. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. F. ZC2006-025 Hold a public hearing and consider and act upon a request to rezone 89.298 acres from General Business District (GB) and Pre-Development (PD) to General Business District-2 (GB2). The tract is situated out of the Rafael Garza Survey Number 98, Abstract 175, Comal County, Schertz, Texas. The property is generally located at IH-35 Southbound Access Road at Hubertus Road. Public Hearing opened at 8:05 pm. No one was present to speak. Public Hearing closed at 8:05 pm. After some discussion, Mr. Sommers moved to recommend approval to the City Council. Mr. Van Dine seconded the motion. Vote unanimous. Motion carved. G. ZC2006-020 Hold a public hearing and consider and act upon a request to rezone 5.403± acres from Garden Home Minutes Planning and Zoning Commission January 24, 2007 Page 4 of 6 ~~. Dwelling District (R-S) to Neighborhood Service District (NS) The tract is situated out of the T. Herrera Survey No.68, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located at the intersection of Schertz Parkway and Live Oak Road. Owner/Applicant: Larry Aiken, Burkett Live Oak Limited Representative: Don McCrary, Don McCrary & Associates hic. Public Hearing opened at 8:09 pm. No one was present to speak. Public Hearing was closed at 8:09 pm. After some discussion with the representative, the project was withdrawn due to the applicant wanting to change the proposed zoning from Neighborhood Services District (NS) to General Business (GB). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. PC2006-111 Consider and act upon a request for a site plan for the Schertz GStore. The 5.945±-acre tract is generally located on the southeast corner of Schertz Parkway at Woodland Oaks Drive. The property is zoned General Business (GB). Applicant/Owner: Jim Ramsey, PP Schertz Partners Ltd. Representative: Brian Parker, Kimley--Horn and Associates, Inc. Since the commission disapproved the Final Plat for the Schertz C-Store, Mr. Sommers moved to postpone the item until the February 14, 2007 Planning & Zoning Meeting. Mr. Van Dine seconded the motion. Vote unanimous. Motion carried. B. PC2006-029 Consider and act upon. a request for a Site Plan of Schertz Animal Clinic fora 6,227-square foot veterinary Hospital. The 1.58-acre tract is located at the south side of FM 78 near FM 3009 The property is zoned General Business District (GB). Owner: Dr. Daniel & Becky Rodriguez Applicant: Alex Rodriguez, AA Builders, Inc. Representative: AnthonyRecine, G.E. Reaves Engineering, Inc. After some discussion, Mr. Van Dine moved to approve the item. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. 6. ITEMS FOR DISCUSSION A. City Council Councilman Michael Carpenter thanked the Commission for their time. Councilman David Scagliola stated that city council will have a joint session with the Plamling and Zoning Commission on January 30, 2007. B. Director's Report Mr. Truitt informed the commission that he has met with Ford Engineering and they are currently working on the zoning map. Staff will bring the zoning of the northern part of the city through first. Minutes Planning and Zoning Commission January 24, 2007 Page 5 of 6 Staff will also start to schedule public meetings with the citizens of the south side of the City of Schertz. Mr. Truitt discussed the monthly report that he handed out to the commissioners and welcomed any feedback. Mr. Truitt also discussed that he is working on a proposed annexation plan. Staff is currently working on minutes and will be forwarding to Mr. Richmond. C. Planning Commissioner Comments Mr. Sommers No comments. TAT,- ~7~„ TI;,,P• No comments. Mr. Evans: Inquired from staff about the drainage and standing water in Kensington Ranch Estates. ra,- ~xT~n~,.P• ivo comments. Mr. Richmond: Discussed with other commissioners about going to a 3-hole punched binder for staff reports. 7. ADJOURNMENT The meeting adjourned at 8:26 P.M. 0'n~l ~~L Chairman, Planning and Zoning Commission Recording Secretary, City of Schertz Minutes Planning and Zoning Commission January 24, 2007 Page 6 of 6