05-27-2003
PLANNING AND ZONING MINUTES
MAY 27, 2003
. The Schertz Planning and Zoning Commission convened in Public Hearing on May 27,2003 at 7:00 p.m. at
the Municipal Complex, Council Chambers, 1400 Schertz Parkway, Schertz, Texas.
PLANNING & ZONING COMMISSION
David Richmond, Chairman
Ernie Evans, Vice-Chair
Keith Van Dine (arrived 6:56 p.m. Item 5)
Joyce Briscoe
William Sommers
Ken Greenwald, ex-officio
CITY STAFF
Amy Madison, Community Development
Misty Nichols, Recording Secretary
J onette Ellis
COMMISSIONERS ABSENT
Gary Wallace
Clovis Haddock
OTHERS PRESENT
Robert Brockman, 4505 Grand Forest
George Montgomery, 112 Webster Drive
Fred Niemietz
1.
Call to Order: Chairman Richmond called the Public Hearing to order at 6:30 p.m.
.2.
Board of Adjustment Actions: The Board of Adjustment is scheduled to meet on Monday, June 26,
2003.
3.
Approval of the Minutes: Consider and take action on approval of the Minutes from the August
13,2002, August 27,2002, September 10,2002, September 24,2002, April 8, 2003 and the April
22, 2003 Regular Meetings and the April 23, 2003 Special Meeting.
Chairman Richmond asked the Commission to review the minutes for any notations or corrections.
Following review, Ms. Briscoe moved to approve the minutes of the August 13,2002 and the August 27,
2002 meetings as written. Mr. Sommers seconded the motion. Motion carried. Vote unanimous.
Following additional review, Ms. Briscoe moved to approve the minutes of the September 10,2002, the
September 24, 2002, the April 8, 2003, April 22, 2003 and the April 23, 2003 meetings with corrections
as noted. Mr. Sommers seconded the motion. Motion carried. Vote unanimous.
4. Citizen Input other than Agenda Items:
Mr. Brockman was present and asked the Commission if the City was preparing to fill the vacant position
of City Planner. Ms. Madison stated that the City is reviewing the position.
.
5. BOA194-03
Discuss and make recommendation for a variance to reduce the front yard setback from 30-feet
to 13.1 feet, Greenfield Village, Unit 2, Block 2, Lot 38, (112 Webster) for the construction of a
carport. This item was tabled at the May 13. 2003 Plannin2 and Zonin2 Meetin2.
Applicant: George Montgomery
.
Mr. Sommers moved to remove this item from the table. Ms. Briscoe seconded the motion. Motion
carried. Vote unanimous.
Ms. Madison reviewed staff comments with the Commission and stated that the applicant had provided a
rendering showing the product and that the applicant had informed his neighbors of his request.
Chairman Richmond and the Commission voiced concerns to the applicant that if the variance request
was granted, the applicant would still have to follow the guidelines outlined in the deed restrictions,
which would not allow for a carport cover.
Mr. George Montgomery was present to address the Commission and stated that based on the covenants
and deed restrictions on the property, he would not be able to construct the carport cover. Following
review and discussion, Mr. Montgomery withdrew his request for a variance. The Commission accepted
the applicant's withdrawal.
6. PC557-03
Consider and take action on a request for a preliminary plat of Nell Deane Subdivision. The
request is for 16 commercial lots on 20.695 acres located on FM 1518 approximately 131:!:: feet
south of Commercial Place. This item was withdrawn for action at the February 11. 2003 and
the March 25. 2003 Plannin2 and Zonin2 Meetin2s.
Applicant: MBC Engineers .
Ms. Madison reviewed the request with the Commission and stated that Ford Engineering had reviewed
the drainage report and approved it as submitted. Ms. Madison voiced her concerns that the preliminary
plat shows three access points along FM 1518, yet according to a letter from the TxDOT, only two access
points have been approved. Discussion from the Commission included the curb cuts and the signature
blocks.
Mr. Sommers asked the applicant to come forward to speak. Staff informed the Commission the applicant
and his representatives were not present. Due to the Commission's policy on the applicant being present
for items placed on the agenda, Mr. Sommers moved to table this item to the June 10, 2003 Planning and
Zoning Meeting. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous.
7. PC557-03
Consider and take action on a request for a final plat of Nell Deane Subdivision. The request is
for 16 commercial lots on 20.695 acres located on FM 1518 approximately 131:!:: feet south of,
Commercial Place.
Applicant: MBC Engineers
Due to the Commission's policy on the applicant being present for items placed on the agenda, Mr.
Sommers moved to table this item to the June 10, 2003 Planning and Zoning Meeting. Mr. Van Dine
seconded the motion. Motion carried. Vote unanimous.
.
Planning & Zoning Minutes
May 27, 2003
Page 2 01'4
8.
PC571-03
Consider and take action on a request for site plan approval for the Isenhour Subdivision, Block
1, Lot 3. Two retail spaces containing 5,513::!:: square feet of space located on FM 3009,
approximately 330 feet south of Borgfeld Road. This item was tabled at the May 13. 2003
Planning and Zoning Meeting.
Applicant: Hayden's Design Concepts
.
Due to the applicant or his representative not being present, this item remained on the table to the June 10,
2003 Planning and Zoning meeting.
9. Discuss and make recommendation for a possible variance request to the Schertz Parkway
Overlay District. The unplatted properties are located at the northeast and southeast corners of
Schertz Parkway and Savannah Drive.
Requested by Fred Niemietz
Ms. Madison reviewed the circumstances of this property with the Commission and stated that the
property is subject to the requirements and setbacks as outlined in the Schertz Parkway Overly District
and the easement imposed by the adjacent homeowner associations.
Mr. Niemietz was present representing the property owner and asked the Commission for input. Mr.
Niemietz stated the property owner was not aware of the restrictions p1~ced on the property prior to the
purchase and the restrictions have made the property difficult to develop and is asking for relief.
.
Mr. Evans stated that the Commission and staffhad warned the previous property owner that the property
would be difficult to develop. He also stated that during property transactions, it is the duty of the
purchaser to detennine any development restrictions or guidelines that are placed on the property.
The Commission overwhelmingly stated to the applicant that they would enforce the development
requirements for the Schertz Parkway Overlay District and suggested that the applicant communicate with
the adjacent homeowner associations to remove the easements in the deed restrictions.
Discussion only, no action taken.
10. ZC180-03
Discussion and make recommendation on amendments to the Unified Development Code.
Ms. Madison asked the Commission to consider day time meetings in order to reduce the number of
evening meetings. The consensus of the Commission was to continue with evening meetings. It was
noted that the next Unified Development Code meeting is scheduled for June 11, 2003 at 6:00 p.m.
11. Items by Commissioners and City Staff.
.
Ms. Madison informed the Commission of an affidavit of abstention which would need to be filled out
when a Commissioner steps down from the table due to a conflict. She also presented an activity report to
update the Commission on their action items from August 2002 to the present. Ms. Madison also asked
the Commission to place an item on the agenda to discuss and act upon setting the Planning and Zoning
Planning & Zoning Minutes
May 27, 2003
Page 3 of4
Commission meeting calendar. Mr. Evans noted that it was a known fact that meetings in November and
December were cancelled due to holidays. Ms. Madison also acknowledged the hard work and
accomplishments of Ms. Misty Nichols and introduced Jonette Ellis, temporary planning clerk for the .
department.
Mr. Van Dine apologized for being tardy and stated that business matters might cause him to miss
meetings. He will call Ms. Nichols when he will not be able to attend. He also stated that he would not
like to see the Commission act on any special exceptions to the Schertz Parkway Overlay District.
Mr. Evans asked if the City Council had acted on the Tang1ewood zoning request and Councilman
Greenwald stated that the City Council had approved the request with amendments. Mr. Evans also
wanted it known that former City Planner Steve Simonson had communicated with the previous property
owner of the property in question on agenda item 9, and that the property owner was well aware of the
development restrictions.
22. Adjournment.
There being no further business, Mr. Van Dine moved to adjourn the Meeting at 7:55 p.m. Mr. Sommers
seconded the motion. Motion carried. Vote unanimous.
(1
,/ . I I.
~I, '.' \, 1.",--,,- ,,,./v"v "~,:.,.:v..'~</\,",-,..~ ...,.r\...
Chairman, Planning and Zoning Commission
.
.
Planning & Zoning Minutes
May 27,2003
Page 4 of 4