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02-28-2006 PLANNING AND ZONING MINUTES February 28, 2006 ~ The Schertz Planning and Zoning Commission convened on February 28, 2006 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 William Sommers Kevin Grant Roberta Tutschke Gary Wallace Tony Wilenchik, City Council Liaison CITY STAFF Jonette Ellis, Planner I Debbie Perrone, Administrative Assistant COMMISSIONERS ABSENT None OTHERS PRESENT Robert Brockman, 1000 Elbel Road Harry Jewett, Harry Jewett and Associates Doyle Wilson, lntermandeco Michael Starr, 11695 #2 Lower Seguin Road Henry Christopher, 5802 N.W. Expressway Larry Aiken, PO Box 2162, Austin, Texas Malford Ackermann, Maske Road "'" 1. CALL TO ORDER Chairman Richmond called the meeting to order at 6:30 p.m. 2. CITIZEN COMMENTS There was no one present to speak. 3. CONSENT AGENDA: Mr. Evans requested item 3C be pulled from the Consent Agenda for separate discussion. Mr. Wallace requested item 3D be pulled from the Consent agenda for separate discussion. A. Consider and act upon approval of the October 11, 2005 and January 24, 2006 Planning and Zoning Commission meeting minutes. B. PC2005-089 Consider and act upon a request for Belmont Park Subdivision Unit 9, final plat. The 10.45- acre tract contains 59 single-family lots. The property is zoned Residential-5 District (R-5). Applicant: Continental Homes of Texas, L.P. Following reading of the agenda items, Mr. Wallace moved to approve Consent Agenda Items 3A and 3B. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. Staff comments, attached herewith and made part of these minutes, include a recommendation of approval. ........, Minutes Planning and Zoning Commission February 28, 2006 Page 1 of5 C. PC2005-085 Consider and act upon a request for Ackermann Ridge Subdivision West Unit 1, preliminary plat. The 15.927-acre tract contains 64 single-family lots and one private park. The property is zoned Residential-7 District (R-7). Applicant: Malford Ackermann on behalf of K.B. Homes -.J Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, include a recommendation of approval. Mr. Evans, Mr. Wallace and Mr. Van Dine voiced concerns regarding a rock wall being placed along Schertz Parkway, and discussed a possible variance to allow a building (Block 3, Lot 10) within the 50-foot setback along the Schertz Parkway Overlay District. The Commission agreed that would not be acceptable and they would not grant a variance. Mr. Harry Jewett responded by stating that a 6-foot rock wall would be placed along Schertz Parkway. Following review and discussion, Mr. Sommers moved to approve the request subject to the following conditions: 1. Show dimensions of the G.V.E.C easement that crosses Lots 1 and 9 of Block 1. Add a statement that the easement will be re-Iocated underground and have no effect on these lots. The location of this easement will be reflected in the final plat. 2. As a resolution to the vacation of Maske Road, a possible alternate connection to Maske Road from either "Clay Field" or "Maple Grove" is under consideration and will be determined prior to final plat approval. 3. The residential Lots 1,2,3 and 10 of Block 3 and Lot 29 of Block 2 located adjacent to Schertz Parkway are affected by the Schertz Parkway Overlay District requirements. Please verify that these lots can be developed. 4. Revisions as noted above are provided to the Planning Department no later than March 8, 2006. '....J Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. D. PC2005-078 Consider and act upon a request for a master plan of the Riata Subdivision. The 173.41:1:: acre tract contains 642 residential lots, generally located between IH 35 and Old Wiederstein Road. The property is zoned Residential District-7 (R-7). Applicant: Intermandeco, Ltd./Riata Subdivision Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, include a recommendation of approval. Mr. Wallace inquired about the access to the property. Mr. Doyle Wilson stated that the subdivision would be accessed from IH 35 and Old Wiederstein Road by the 60-foot thoroughfare. He also stated that Old Wiederstein Road would be constructed the length of their property. Mr. Evans asked about a deceleration/acceleration lane on IH 35, and Mr. Wilson stated that they would submit to TxDOT for their approval. Following review and discussion, Mr. Sommers moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Minutes ......" Planning and Zoning Commission February 28, 2006 Page 2 of 5 4. PUBLIC HEARINGS: A. SUP2006-00 1 Hold a public hearing and consider and act upon a request for a Specific Use Permit to -....... allow a manufactured home on 1.12:1:: acres of land situated out of the Jeronimo Leal Survey No. 79, Abstract No. 424, Parcel SC, County Block SOS8, Bexar County, Schertz, Texas. The property is generally located near Old Lower Seguin Road and Aranda Lane. The property is zoned Residential/Agriculture (R-A). Applicant: Michael and San Juana Starr Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, include a recommendation of approval. Mr. Michael Starr was present requesting the Commission's recommendation of approval There being no one else to speak, Chairman Richmond closed the public hearing. Mr. Evans asked the applicant if he understood that the Specific Use Permit, if granted, would be for only he and his wife to live in the manufactured home. Mr. Starr stated that he understood the process. 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. ZC200S-033 Hold a public hearing and consider and act upon a request to rezone 19.098:1:: acres from General Business District (GB) to Residential-Agriculture District (R-A). The tract is ~ situated out of the E. Gotari Survey No.2, Abstract No. S, Bexar County, Schertz, Texas. The property is generally located at the southwest corner of Ware Seguin Road and FM ISI8. The property is referred to as Schertz Forest, Unit 2. Applicant: Schertz Forest Joint Venture Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, include a recommendation of approval. Mr. Henry Christopher stated that the request to rezone the property from commercial to residential was to allow him to continue the Schertz Forest Subdivision with larger lot homes, and that he doesn't believe that the commercially zoned property would develop based on the acreage zoned commercial by the Sedona project. Mr. Larry Aiken stated that the Sedona project would have over 40 acres of commercially zoned property and supported the request. Mr. Robert Brockman inquired about the fire station that was discussed with the original zoning and master planning for the Schertz Forest development. Mr. Christopher stated that he was unable to acquire the land, and Mr. Aiken stated that the fire station land would be granted to the City of Schertz by his development along Ware Seguin Road. There being no one else to speak, Chairman Richmond closed the public hearing. .......... Minutes Planning and Zoning Commission February 28, 2006 Page 3 of5 Mr. Evans and Mr. Richmond voiced concerns regarding the reduction of commercially zoned property in the City that was being rezoned to residential, and Mr. Christopher stated that the density (population) wasn't out in this area to support commercial development. Mr. Sommers asked if the proposal would have acre plus lots as shown in the remaining subdivision and Mr. Christopher stated yes. v Following review and discussion, Mr. Sommers moved to forward this item to City Council with a recommendation of approval. Ms. Tutschke seconded the motion. Voting Aye: Mr. Richmond, Mr. Grant, Mr. Wallace, Mr. Evans, Mr. Sommers and Ms. Tutschke. Voting Nay: Mr. Van Dine. Motion carried. C. ZC2005-032 Hold a public hearing and consider and act upon a request to rezone 19.992:1:: acres from General Business (GB) and Residential District-l (R-l) to Residential District-6 (R-6). The tract is situated out ofthe T. Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located at the intersection of Live Oak Road and Maske Road. The property is referred to as Mesa Oaks II. Applicant: Burkett Live Oak, Ltd. Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, include a recommendation of approval. Mr. Larry Aiken stated that he withdrew his request on January 24, 2006 to reassess his application and to consider working with the Ackermann tract on combining the developments. He stated that he was unsuccessful in his negotiations. -...J Mr. Malford Ackermann inquired about the access to Maske Road, and Mr. Aiken stated that the proposed Mesa Oaks, Unit 2 would realign Maske Road to allow for access. There being no one else to speak, Chairman Richmond closed the public hearing. Following review and discussion, Mr. Sommers moved to forward this item to City Council with a recommendation of approval. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 5. ITEMS FOR INDIVIDUAL CONSIDERATION: A. There are no items for individual consideration. 6. ITEMS FOR DISCUSSION A. City Council Report Mr. Wilenchik reviewed City Council actions with the Commission. He also stated that the City Council had reviewed a grant request to place sidewalks along FM 3009. B. Director's Report Minutes Planning and Zoning Commission February 28, 2006 Page 4 of 5 -' ~ Ms. Ellis requested the Commission consider dates to meet with City Council for a joint work session. The Commission agreed that Wednesdays would be a favorable day or after any Tuesday City Council meeting, time permitting. The Commission requested staff forward the following dates to City Council for their consideration: March 8, 2006 March 15,2006 March 22, 2006 C. Planning Commissioner Comments Mr. Richmond: Provided an update from the Board of Adjustment meeting he attended regarding signage in the Wal-Mart shopping center. He also informed the Commission that Ms. McBeth had left the City and praised her efforts. He mentioned that he intended to call the City Manager to discuss hiring of a new Planning Director and what the Commission would like to see in a director. Mr. Sommers: Stated that the City should review San Antonio's procedures on developer's vested rights. He also stated that the PUD ordinance should be amended to remove the Planning Director's authority, and recommended that the Board of Adjustment receive some training. Mr. Van Dine: Inquired about the bond issue and what roads would be included in the bond. He was especially concerned about the roads in the southern section of the City, including, but not limited to Ware Seguin Road and Pfeil Road. 7. ADJOURNMENT OF THE REGULAR MEETING ....... There being no further business, Mr. Sommers moved to adjourn the meeting at 8:11 p.m. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. f/~ c1L~.L Chairman, Planning and Zoning Commission ~ Minutes Planning and Zoning Commission February 28, 2006 Page 5 of5