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03-22-2005 PLANNING AND ZONING MINUTES . MARCH 22, 2005 . . The Schertz Planning and Zoning Commission convened on March 22, 2005 at 6:30 p.m. at the MUlliclpal Complex, Council Chambers, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice Chairman Keith VanDine, Secretary Gary Wallace Clovis Haddock William Sommers Roberta Tutschke CITY STAFF Leonard Truitt, Building Official Misty Nichols, Planning Technician Jonette Ellis, Planning Technician COMMISSIONERS ABSENT Ken Greenwald, ex-officio OTHERS PRESENT Robert Brockman, 1000 Elbel Road Robert Ellingson, CEC Engineers 1. Call to Order/Roll Call Chairman Richmond called the meeting to order at 6:30 p.m. .. Citizen Input other than Agenda Items There was no one present to speak. 3. Discuss and take appropriate action to approve the minutes of the March 8, 2005 Planning and Zoning meeting. Mr. Haddock moved to remove from the table the Planning and Zoning minutes for the March 8, 2005 meeting. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 4. Board of Adjustment Actions There were no Board of Adjustment actions at this time. 5. PC2005-007 Discuss and take appropriate action on a request for preliminary plat of the Schertz Forest Subdivision, Unit 2. The 65.64-acre tract contains 19 residential lots and 2 commercial lots located at the southwest corner of FM1518 and Ware-Seguin Road. The property is zoned Residential Agriculture (RIA) and General Business (GB). Applicant: Mr. Henry Christopher- Schertz Forest Venture . Mr. Truitt reviewed staff comments and stated that this is the second phase of the 61-10t subdivision. The plat shows 19 residential lots and two commercial lots. The Fire Department did voice concerns regarding the length of the temporary cul-de-sac, but the applicant has provided a turn-around and noted that Robinhood . . . Way will continue in Unit 3 as well as the construction of Ware-Seguin Road. The Assistant Fire Chief approved the plan. The applicant has met with Ford Engineering regarding any drainage issues and they are being resolved. Staff recommends approval of the preliminary plat. Mr. Sommers questioned the lots sizes. Mr. Ellingson stated that all lots within the subdivision are in excess of one-acre. Mr. Richmond followed up with stating that the plat reflects what is on the master plan. Mr. Evans continued to voice concerns about the drainage for future units as well. Mr. Truitt ensured that Ford Engineering is continuing review of drainage on units within this subdivision. Mr. Ellingson stated that in Unit 3 there will be some drainage diverted into the existing holding ponds. Following review and discussion, Mr. Wallace moved to approve the request. Mr. Haddock seconded the motion. Motion carried. V ote unanimous. 6. ZC2005-017 Discuss and take appropriate action to call for a Public Hearing on a request to rezone 61.295::!:: acres from Pre-Development District (PD), General Business District (GB), and Apartment/Multi- Family Residential District-4 (R-4) to Single-Family Residential District-7 (R-7). The tract is situated in the Rafael Garza Survey No. 98 Abstract No. 138, partially in Comal County, Texas and Guadalupe County, Texas. The property is located at the northeast corner of FM 1103 and Chelsea Drive. Applicant: JMLG Holdings, Ltd. (Carlos Sandoval) Mr. Truitt stated that the applicant is requesting to zone 61.295 i: acres from PD, GB, and R-4 to R-7 to allow for the development of a proposed residential subdivision. The Planning and Zoning Commission will conduct their public hearing on April 26, 2005. Following review and discussion, Mr. Haddock moved to call for a Public Hearing. Mr. Wallace seconded the motion. Motion carried. V ote unanimous. 7. ZC2005-018 Discuss and take appropriate action to call for a Public Hearing on a request to amend Article III (Zoning Districts and Map), Article IV, Section 5 (Permissible Uses - Land Uses), Article VI, Section 7 and Table VI-A and B (Density & Dimensions) of the Unified Development Code to add General Business District-2 (GB-2). Applicant: City of Schertz Mr. Truitt explained that the proposed changes have been reviewed and we are ready to move forward. Following discussion, Mr. Sommers moved to call for a Public Hearing. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 8. ZC2005-019 Discuss and take appropriate action to call for a Public Hearing on a request to rezone the Austofield property from Apartment/Multi-Family District (R-4) to General Business District (GB). Applicant: City of Schertz Mr. Truitt stated that Ms. Madison asked that this item be tabled until June. Mr. Richmond mentioned that he . spoke with Ms. Madison, and explained that the City has been held hostage for one reason or another for quite some time on this issue. Mr. Richmond stated that putting this off until June is not acceptable. Mr. Truitt asked the Commission to hold the action to call for a public hearing at least to the next meeting. Mr. Richmond stated that the Commission held a public hearing on a similar rezoning request over two years ago, and voted unanimously to forward to Council a recommendation of approval. Mr. Richmond further stated he believes that subsequently the City has been held hostage on this parcel by a variety of developer actions, and the Commission took no further action in 2004 at the request of the City Attorney. He reminded everyone of his stated intent throughout 2004 to bring this rezoning action again to a public hearing at the first meeting in January 2005, at which time the developer expressed to staff that he would probably be ready in February-March 2005. Staff advised that if the City held off until such time, [comma] then the Commission could hold its public hearing in concert with the applicant bringing in a master plan. Mr. Richmond stated he didn't have any problem with that plan because staff informed him that the developer was planning commercial development which has been the Commission's objective. However, apparently in Texas an applicant who wishes to apply to the state and license for section eight or some other type of housing, to include apartments, can do so as long as he indicates that there is similarly zoned property in the city or area in which he plans to develop. Currently in Schertz, in addition to the parcel in question, there are other pieces of property that are zoned (R-4) multi-family, in which case, any developer can apply for a license from the state. This application and license approval holds up rezoning attempts by the City while an applicant seeks financing to finalize a contract on the property. In the past, the City has been forced to delay action while this developer process moved ahead. After months when financing fell through, the City found itself having to begin its rezoning process all over again. Mr. Richmond believes this is not serving the City at all. While he understands Ms. Madison's rationale for delaying the public hearing, Mr. Richmond advocates moving ahead now. . Mr. Truitt asked if it would be possible to table the action to call for a public hearing to the next meeting as he is not prepared to discuss the subject at this time. Mr. Richmond stated that he couldn't see any problem with calling a public hearing now and at least starting the process. The Commission is not forcing City Council's hand because Council is not obligated to call its public hearing on a timetable. Importantly, though, the Commission's action will give Ms. Madison some direction to talk with the developer. Following discussion and review, Mr. Wallace moved to call for a public hearing to rezone the parcel that is currently R-4 multi-family to (GB) General Business. Mr. Sommers seconded the motion. Motion carried. Vote unanimous. 9. Items by Commissioners and City Staff . Austin/San Antonio Commuter Rail- Public Meeting, March 24, 2005, from 6:30 p.m. to 8:30p.m. . Discussion of Permissible Uses Staff Mr. Truitt stated that he would be helping the Planning Department until a new Director is hired. There were five applications turned in and two are certified Planners. He also reminded the Commission that the Wal- . Mart Supercenter would be celebrating its grand opening on March 23,2005 at 7:30 a.m. . Mr. Haddock Will be on vacation and will not be available for the meetings of May 2005. Mr. Wallace Will not be available for the April 26, 2005 meeting. Discussion of Permissible Uses Ms. Ellis gave a brief presentation on the reVlSlon of the Permissible Uses Article from the Unified Development Code. The Commission discussed and made comments on proposed commercial uses. They removed several items from the M-l zoning which do not pertain to light industrial uses, and added the specific use permit requirement to other items. The Commission and staff reviewed two of the five pages of revised permissible uses. Attached are the changes to those pages. P-PERMITTED USED S-SPECIFIC USE PERMIT REQUIRED ALL USES Airport, Heliport or Landing Field Alcohol Package Sales P P . Antenna and/or Antenna Support Structure, Commercial Antique Shop P Appliances, Furniture and Home Furnishings Store Art Gallery/Library/Museum P P P Assisted Care or Living Facility Automobile Parts Sales Automobile Repairs, Major Automobile Repairs, Minor Automobile Sales New or Used . Bank, Saving and Loan, Credit P P Union Beauty Salon/Barber Shop P P Bed and Breakfast Inn S M-2 CHANGES None - Added Definition Added new use - Added Definition Formerly: Radio or TV Transmitting Station (Commercial) and Radio, Television or Microwave Towers - Added Definition None - Added Definition Formerly: Furniture Store, Furniture Appliance Store, Heating/Air Conditioning Store (retail) - Added Definition Formerly: Library/Art Gallery/Museum and Studio, Decorator and Display of Art ObjectS - Added Definition Formerly: Residence Home for Aged - Added Definition Formerly: Commercial Parking Lot/Parking Garage and Commercial Parking Lot or Structure, Auto - Added Definition Formerly: Auto Part Sales (In Building) - Added Definition Formerly: Auto Painting and Body Shop, Tire Re-Treading and Capping, and Seat Cover or Muffler Installation Shop - Added f"\afini+-int"\ New use to discuss and consider by the Commission Formerly: Auto Sales and Repairs (In Building), Auto Sales and Service (In Building) and Auto Sales - New or Used Car I 1""\+ ({"\no.n \ ^rlrlorl f"'\ofiniTinr'\ None - Added Definition Formerly: Barber and Beauty Shop - Added Definition Formerly: Boarding or Rooming House - Added Definition Building Material and Hardware Sales (Retail) . Cabinet or Upholstery Shop Car Wash, Automated P Car Wash, Self SeNe S Cemetery or Mausoleum Church, Temple, Synagogue, P P Mosque, or Other Place of Worship Civic/Convention Center College, University, Trade, or Private Boarding School Commercial Amusement, Indoor Commercial Amusement, Outdoor Community Center Concrete/ Asphalt Batching Plant Convenience Store w/Gas P . Pum s Dance Hall/Night Club P Day Care Center Farmers Market Flea Market, Inside Flea Market, Outside Fraternity, Sorority, Civic Club or Lodge Gasoline Station/Fuel Pumps General Manufacturing/Industrial Use Golf Course and/or Country Club P P P P . Governmental Facilities P P P Formerly: Building Material Sales, Hardware Store and Plumbing Shop (Retail) - Added Definition Formerly: Civic Center - Added Definition Formerly: Trade Commercial Schools - Added Definition None - Added Definition Added SUP for GB - Added Definition New Use to discuss and consider by the Commission S New Use to discuss and consider by the Commission Formerly: Convenience Store - Added Definition None - Added Definition Formerly: Day Nursery and Day Nursery/Kindergarten - Added Definition New Use to discuss and consider by the Commission New Use to discuss and consider by the Commission Formerly: Open Storage and Sales of Furniture - Added Definition Formerly: Fraternity/Sorority Lodge or Civic Club - Added Definition Formerly: Gasoline Service Station - Added Definition Formerly: Manufacturing Industrial Storage or Assembling Process, Laboratory, Manufacturing - Added Definition New Use to discuss and consider by the Commission P New Use to discuss and consider by the Commission . . . Gymnastics/Dance Studio p S Formerly: Studio, Health/Reducing or Similar Service - Added Definition p p p 10. Adjournment There being no further business, Mr. Van Dine moved to adjourn the meeting at 9:0S p.m. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. . I' / rOOvuW ~:g~~ ~ ,[J/JraffiJ Reco ing creta , CIty of Schertz Chairman, Planning and Zoning Commission