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07-09-2008 PLANNING AND ZONING MINUTES July 9, 2008 ~ The Schertz Planning and Zoning Commission convened on July 9, 2008 at 6:30 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Cedric Edwards (departed 7:07 pm) Ken Greenwald William Sommers Gary Wallace Roberta Tutschke Michael Carpenter, City Council Liaison CITY STAFF Thomas Rhodes, Mitchell Planning Group Misty Nichols, Planner II Lesa Wood, Planning Technician George Antuna, Economic Development Director COMMISSIONERS ABSENT Ernie Evans, Vice Chairman OTHERS PRESENT Robert Brockman, 1000 Elbel Rose Mary Grayson, 5302 Cabana Jan Wilson, 5218 Cabana Andrew Iliff, John Paul II High School Principal Alex Urtega, School Council Member Dale Elam, Elam Industries George Gonzalez, Genesis 1 Engineering Company Jerry Wilkie, Wilkie Surveying William Hammond, Hammond Subdivision Ricky Robertson, New Braunfels Mike Thompson, lIT Flygt Joan Blanchard, 6555 FM 482 "-' 1. CALL TO ORDER/ROLL CALL Mr. Richmond called the meeting to order at 6:33 P.M. Mr. Richmond stated the he would be moving item 4C to the end of the agenda. 2. HEARING OF RESIDENTS No citizen comments. 3. CONSENT AGENDA: A. Consider and act upon the Planning and Zoning Commission meeting minutes for June 25,2008. Following the reading of the agenda item, Mr. Greenwald moved to approve the Consent Agenda. Mr. Sommers seconded the motion. Vote unanimous. Motion carried. 4. PUBLIC HEARINGS: \..,..- Minutes Planning and Zoning Commission July 9, 2008 Page I of4 A. ZC 2008-007 John Paul II Catholic High School - Zoning Hold a public hearing, consider and act upon a request to rezone 52.391:1: acres ofland out of the F. Rodriguez Survey No. 99, Abstract No. 484, City of Schertz, Comal County, Texas from ...,J Manufacture District-Light (M-l) to Public Use District (PUB) located at the southeast intersection of FM-482 and Friesenhahn Lane. Public hearing was opened at 6:37 pm. Ms. Nichols reviewed staff comments and advised the Commission that the applicant was present. Mr. Richmond recognized the following: . Alex Urtega spoke for the High School and gave a brief description of the school plan. . Ricky Robertson questioned the proposed sewer lift station and the zoning on surrounding properties. . Mr. Antuna gave a short explanation of the lift station plans. . Mike Thompson gave a brief description on what a lift station does. . Joan Blanchard stated she has no objection to the High School. She has concerns about the future and marketability of her property. . Mr. Antuna stated that the school is great for the area and the community! . Andrew Iliff stated that there is a great deal of exciternent for the school and is excited to work with the City of Schertz. . Mr. Brockman had a few question on the zoning, fence, and roads surrounding the property. Public Hearing closed at 6:53pm. Mr. Richmond gave a description on how the zoning map was developed. After discussion between the Commission, Staff and Applicant on street upgrades, how the applicant chose the property, proposed lift station and zoning with respect to a sexually oriented business (SOB). Mr. Sonimers moved to forward a recommendation for approval to the City Council with further recommendation to consider amending the Unified Development Code (UDC) section relating to a v sexually oriented business to extend 2500 feet from the school. Ms. Tutschke seconded the motion: Vote Aye: Ms. Tutschke, Mr. Sommers, and Mr. Greenwald. Voting Nay: Mr. Wallace and Mr. Richmond. Mr. Richmond brought to the Commissioners' attention that the Planning and Zoning Commission Bylaws (adopted May 1987), Section VII, Commission Actions, number 2, states: A motion to approve any matter before the Commission or to recommend approval of any request requiring Council action shall require four (4) favorable votes of the members present. When fewer than all the members are present for the voting and when all motions to recommend on a given application fail to securefour(4) concurring votes, consideration of the applications shall be continued to the next regular meeting upon motion carried by a majority of those present. Provided further that no request or application shall be continued under the rule beyond the next regular meeting, failure of the Commission to secure four (4) concurring votes to approve or recommend approval at the next regular meeting shall be recorded in the minutes as a denial of the proposal under the rule. After a brief discussion, it was determined that the Commission could suspend the rule in question. Therefore; Mr. Sommers moved to suspend the rule that requires four (4) favorable votes and to allow a simple majority vote for the purpose of this zoning request. Mr. Greenwald seconded the motion. Vote unanimous. Recommendation for approval carried by simple majority. .....J Minutes Planning and Zoning Commission July 9, 2008 Page 2 of 4 B. SUP 2008-003 Windy Meadows Subdivision - Specific Use Permit Hold a public hearing, consider and act upon a request for a Specific Use Permit (SUP) for I.O:t acre ofland out of the Toribio Herrera Survey, Abstract No. 153, Guadalupe County, and Schertz, Texas being Lot 25, Block 2 of the Windy Meadows Subdivision to allow Indoor Boarding Kennels in the Air lnstallation Compatible Use Zone (AlCUZ) Accident Potential Zone-l (APZ- I) located approximately 370:1: feet east of the intersection of FM-1518 and Windy Meadows Drive. "-' Public hearing was opened at 7:23 pm. Ms. Nichols reviewed staff comments and advised the Commission that the applicant was present. Mr. Richmond recognized the following: . Dale Elam gave a brief description of the project. . Mr. Brockman questioned if the Specific Use Permit was due to the AICUZ? . Mr. Richmond stated yes. Public Hearing closed at 7:26 pm. Mr. Sommers moved to forward a recommendation for approval to the City Council. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. PC 2008-022 Windy Meadows Subdivision - Site Plan Consider and act upon a request for a site plan of Lot 25, Block 2 of the Windy Meadows Subdivision consisting of 1.0:1: acres of land located 370:1: feet east of the intersection of FM-15l8 and Windy Meadows Drive. This property is zoned General Business District-2 (GB-2). ---- Ms. Nichols reviewed staff comments and advised the Commission that the applicant was present. After a short discussion on trees and signs, Mr. Sommers moved to approve the item with a condition that the future sign request come back to the Planning and Zoning Commission for consideration. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. B. PC 2008-023 Hammond SubdivisionIWilliam Hammond - Minor Plat Consider and act upon a request for approval of a minor (short form) plat of Lot I, Block I of the Hammond Subdivision consisting of 1.64:1: acres of land located at the northwest comer of FM- 3009 and Fawn Drive. This property is zoned Single-Family Residential District-l (R-l). Ms. Nichols reviewed staff comments and advised the Commission that the applicant was present. Mr. Sommers moved to approve the item. Ms. Tutschke seconded the motion. V ote unanimous. Motion carried. C. PC 2008-024 ITT -Flygt Corporation - Site Plan Consider and act upon a request for a site plan of Lot 14, Block 2 of the Schertz Industrial Park consisting of 1.55:1: acres of land located at the southwest corner of Bell North Drive and FM 3009. This property is zoned General Business District-2 (GB-2). Mr. Rhodes reviewed staff comments and advised the Commission that the applicant was present. Mike Thompson stated he was available for questions. Mr. Wallace moved to approve the item. Mr. Sommers seconded the motion. Vote unanimous. Motion carried. ---- Minutes Planning and Zoning Commission July 9,2008 Page 3 of 4 6. ITEMS BY COUNCIL, COMMISSION AND STAFF A. City Council Comments --.I Mr. Carpenter reported that City Council has not overturned any decision made by the Commission since he last attended. He thanked the Commission for their service. B. Planning Manager Comments No comments. C. Planning Commissioner Comments Ms. Tutschke: No comments. Mr. Sommers: No comments. Mr. Greenwald: Advised the Commission that City Council passed the Valvoline PUD. Mr. Wallace: No comments. Mr. Richmond: No cOrnn1ents. -...J The Chairman called a short recess at 7:45 pm. 4. PUBLIC HEARINGS (CONTINUED): C. Hold a public hearing to discuss, consider, and recommend changes to Article VIII, Definitions, and Article IV, Zoning Districts and Map of the revised UDC. Public hearing was opened at 7:52 pm. Mr. Rhodes gave a short presentation. Mr. Richmond recognized the following: . Jan Wilson questioned the procedure for suggestions on the UDC. . Rosemary Grayson submitted proposed changes to section 4 and the proposed map. She made suggestions and comments on Manufactured Housing. Public hearing closed at 8:02 pm. A page by page review was done by the Commission, Staff and Mr. Rhodes. 7. ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 8:48 P.M. rjwJ 1~-1 Chairman, Planning and Zoning Commission j) ~L2(J J W~ Recording Secretary, City of Schertz ...J Minutes Planning and Zoning Commission July 9,2008 Page 4 of 4