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12-13-2006 PLANNING AND ZONING MINUTES December 13, 2006 The Schertz Planning and Zoning Commission convened on December 13, 2006 at 6:30 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION Ernie Evans, Vice Chairman Keith Van Dine, Secretary (arrived at 6:33pm) Gary Wallace William Sommers Roberta Tutschke CITY STAFF Leonard Truitt, Development Services Director Michael Brooks, Planner III Misty Nichols, Planner II Chris Gabbard, Planner I COMMISSIONERS ABSENT Kevin Grant - Reserve Duty David Richmond, Chairman - Family Emergency Michael Carpenter, City Council Liaison OTHERS PRESENT Robert Brockman, 1000 Elbel Steven Gose, Kimley Horn Rosa Valdez, Kimley Horn Billy Classen, Carter & Burgess John Elorriaga, TBC Engineering 1. CALL TO ORDER/ROLL CALL Mr. Evans called the meeting to order at 6:31P.M. 2. CITIZEN COMMENTS Mr. Brockman, 1000 Elbel, discussed the sign located at FM 78 and Kowloon Chinese Restaurant. 3. CONSENT AGENDA: A. PC2006-098 Final plat of Ackermann Ridge Subdivision Unit 2. The 26.726+-acre tract contains 92 single- family lots and one private park. The property is zoned Residential-7 District (R-7). Owner: Malford Ackermann, Patricia Tanner, Philip Doyal Applicant/Representative: Harry Jewett, Harry Jewett and Associates Mr. Wallace moved to approve Consent Agenda 3A. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 4. PUBLIC HEARINGS: A. ZC2006-013 Hold a public hearing and consider and act upon a request to rezone 88.833:!: acres from ResidentiaVAgricultural District (R-A) to Single-Family Residential District-6 (R-6) The tract is situated out of the J. Leal Survey No.79, Abstract No. 424, Bexar County, Schertz, Texas. The property is generally located at the intersection ofFM-1518 and Schaefer Road. Owner: Erwin C. Wiederstein Jr. & William Wiederstein and Mustang Fifty-One, Ltd. Applicant: Mustang Fifty-One, Ltd. Representative: John Elorriaga, P.E. with TBC Engineers Minutes Planning and Zoning Commission November 08, 2006 Page I of5 Public hearing was opened at 6:38 pm. Mr. Brooks reviewed staff comments and advised the commission that the applicant was present. Mr. Elorriaga, TBC Engineering, discussed the proposed project and discussed some of the drainage issues. Mr. Brockman, 1000 Elbel, inquired how many letters were sent out. Mr. Gary Furlly, Lower Seguin Road, expressed his concerns over drainage and traffic. Mr. Mel Hillard, 8700 Post Oak, stated that he is in favor of the zoning, has concerns about drainage. Ms. Christine Hoffinan, 11606 Schaefer Rd., was concerned with traffic and drainage. After some discussion, Mr. Sommers moved to recommend disapproval to the City Council. Mr. Van Dine seconded the motion. Vote unanimous. Motion carried. B. ZC2006-014 Hold a public hearing and consider and act upon a request to rezone 2.270:!: acres from Planned Unit Development (PUD) to General Business (GB). The tracts ofland are situated out of the Torribio Herrera No. 68 survey, Abstract No. 205, Guadalupe County, Schertz, Texas. The property is generally located on the north side of Schertz Parkway at Woodland Oaks Drive. Applicant/Owner: Jim Ramsey, PP Schertz Partners Ltd. Representative: Brian Parker, Kimley-Horn and Associates, Inc. Public hearing was opened at 7:25 pm. Ms. Gabbard reviewed staff comments and advised the commission that the representative was present. Mr. Steven Gose, Kimley-Horn, discussed the reasoning for the zoning was to cleanup the lines. Steve Schimelpfening, 486 Covered Bridge, questioned what developers were planning on building there. Tracy McFadden, 498 Covered Bridge, was concerned about the environment and the noise. After some discussion, Mr. Sommers moved to recommend approval to the City Council. Mr. Van Dine seconded the motion. Vote unanimous. Motion carried. C. ZC2006-015 Hold a public hearing and consider and act upon a request to rezone 19.580:!: acres from General Business (GB) and Neighborhood Services (NS) Districts to Multi-Family Residential-4 (R-4) and General Business (GB) Districts. The tract is situated out of the Genobera Malpez Survey, Abstract No. 221, Guadalupe County, Schertz, Texas. The property is generally located at the southwest intersection ofFM-3009 and Elbel Road. Owner/Applicant: Paul Blackburn, Schertz 3009 Ltd. Representative: Billy Classen, Carter & Burgess, Inc Public hearing was opened at 7:40 pm. Ms. Nichols reviewed staff comments and advised the commission that the representative was present. Mr. Paul Blackburn, 800 Broadway, discussed ideas about the properties. After some discussion, Mr. Sommers moved to recommend disapproval to the City Council. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. D. ZC2006-016 Hold a public hearing and consider and act upon a request to rezone 4.607:!: acres from Residential District-l (R-I) to Neighborhood Services District (NS). The tract is situated out of the Genobera Malpez Survey, Abstract No. 221, Guadalupe County, Schertz, Texas. The property is generally located at the northwest intersection ofFM-3009 and Elbel Road. Owner/Applicant: Paul Blackburn, Schertz 3009 Ltd. Minutes Planning and Zoning Commission November 08, 2006 Page 2 of 5 Representative: Billy Classen, Carter & Burgess, Inc. Public hearing was opened at 8: 13 pm. Ms. Nichols reviewed staff comments and advised the commission that the representative was present. Mr. Paul Blackburn, 800 Broadway, presented an exhibit. Dave Jackson, 124 Webster, said he is opposed to the zoning and concerned with traffic issues. Mike Searcy, 101 Webster, expressed his concerns about traffic. Kathyrn Dominquez, 120 Webster, said she is opposed and is concerned about the traffic. After some discussion, Mr. Wallace moved to recommend approval to the City Council. Mr. Van Dine seconded the motion. Vote Aye: Ms. Tutschke, Mr. Van Dine, Mr. Evans, and Mr. Wallace. Vote Nay: Mr. Sommers. Motion carried. 5. ITEMS FOR INDIVIDUAL CONSIDERATION: A. PC2006-097 Consider and act upon a request for preliminary plat of Verde Enterprise Business Park, Unit 6, (formally Mid-Cities Business Park). The 33.02:!: acre tract is located approximately 700-feet south of Tri-County Parkway on IH-35. The property is zoned Manufacturing District-Light (M- 1). Owner/Applicant: Mid-Cities 35 Partner, Ltd. Representative: Steven Granado, Carter & Burgess After some discussion, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Vote unanimous. Motion carried. B. PC2006-091 Consider and act upon a request for preliminary plat of the Schertz C-Store. The 5.945:!:-acre tract is generally located on the southeast comer of Schertz Parkway at Woodland Oaks Drive. The property is zoned General Business (GB) and Planned Unit Development (PUD). Applicant/Owner: Jim Ramsey, PP Schertz Partners Ltd. Representative: Brian Parker, Kimley-Horn and Associates, Inc. After discussion on the two accesses and the drainage easement, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Vote Aye: Mr. Van Dine and Mr. Wallace. Vote Nay: Ms. Tutschke, Mr. Sommers, and Mr. Evans. Motion failed. C. PC2006-119 Consider and act upon a request for preliminary plat of the Schertz C-Store II. The 1.444:!:-acre tract is generally located on the northeast comer of Schertz Parkway at Woodland Oaks Drive. The property is zoned General Business (GB) and Planned Unit Development (PUD). Applicant/Owner: Jim Ramsey, PP Schertz Partners Ltd. Representative: Brian Parker, Kimley-Horn and Associates, Inc. After some discussion, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Vote unanimous. Motion carried. D. PC2006-099 Consider and act upon a request for Preliminary Plat and a variance of The Estates at Wilson's Preserve. The 24.590:!:-acre tract contains 70 single-family lots and is located on Live Oak Road, one half mile north east of Schertz Parkway. The property is zoned Residential-l District Minutes Planning and Zoning Commission November 08, 2006 Page 3 of 5 (R-l ). Applicant/Representative: Harry B. Jewett & Associates Owner: Georgia Butler After some discussion, Mr. Van Dine moved to approve the request. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. E. PC2006-088 Consider and act upon a request for site plan of the Charles Car Care Center. The 1.556::1:-acre tract is located on IH 10, northwest of Freudenberg Road. The property is zoned General Business - GB. Applicant/Representative: CMD Automotive Repair / Marcus NeundorfGroup Owner: Martha Flacy After some discussion, Mr. Van Dine moved to approve the request. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. F. PC2006-087 Consider and act upon a request for site plan and variance request to the parking standards for the Schertz Car Care Center in the Norcon Subdivision. The 1.170::l:-acre tract is located on the north side ofIH 35, east of Hubertus Road (FMll03). The property is zoned General Business- GB. Applicant/Representative: Norcon Inc. / Ronnfeldt Engineering Consultants Owner: Pedro Richaud- Schertz Car Care Center, Inc. After some discussion, Mr. Van Dine moved to approve the request. Mr. Wallace seconded the motion. Vote Aye: Ms. Tutschke, Mr. Sommers, Mr. Van Dine and Mr. Wallace. Vote Nay: Mr. Evans. Motion carried. G. A2006-001 Consider and act upon a request to define a joint agreed upon ETJ boundary agreement between the cities of Schertz and New Braunfels. The boundary shown on the attachment follows the general boundary of current ETJ or city limit lines, but takes into account property boundaries, highway and road right of ways, topography and current development projects in both cities. The agreement completes and ratifies a joint boundary line from the current city limit line of New Braunfels to the City of Santa Clara ETJ. The agreement generally defines the northwest boundary of Schertz and Southwest boundary of New Braunfels. Applicant/Owner: City of New Braunfels After some discussion, Mr. Van Dine moved to recommend approval to City Council. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. 6. ITEMS FOR DISCUSSION A. City Council Mr. Carpenter was not present at the Planning and Zoning meeting. B. Director's Report Minutes Planning and Zoning Commission November 08, 2006 Page 4 of5 No comments. C. Planning Commissioner Comments Ms. Tutschke: No comments. Mr. Sommers: No comments. Mr. Van Dine: No comments. Mr. Evans: Commented on a two pole sign advertising a subdivision in Cibolo. Ms. Nichols expressed that staff will check into it. Mr. Wallace: No comments 7. ADJOURNMENT The meeting adjourned at 9:56 P.M. fL Minutes Planning and Zoning Commission November 08, 2006 Page 5 of5