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07-12-2005 PLANNING AND ZONING MINUTES JULY 12, 2005 The Schertz Planning and Zoning Commission convened on July 12, 2005 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION Ernie Evans, Vice Chairman Keith Van Dine, Secretary Clovis Haddock William Sommers Roberta Tutschke Tony Wilenchik, City Council Liaison CITY STAFF Nancy McBeth, Director of Planning Jonette Ellis, Planning Technician Misty Nichols, Planning Technician Don Taylor, City Manager COMMISSIONERS ABSENT David Richmond, Chairman Gary Wallace OTHERS PRESENT Robert Brockman, 1000 Elbel Road 1. CALL TO ORDER Vice Chairman Evans called the meeting to order at 6:32 p.m. 2. CITIZEN COMMENTS: Citizen comments on items other than those listed on this agenda. There was no one present to address the Commission. 3. CONSENT AGENDA: A. PC2005-037 Belmont Park, Unit 5 Consider approval on a final plat for Belmont Park, Unit 5. The 12.77:t acre tract is zoned R-5 and contains 58 single family lots. The property is zoned R-5. (Applicant: Continental Homes of Texas, LP) Ms. Nichols reviewed staff comments and stated that the Planning and Zoning Commission approved the preliminary plat on June 14, 2005 with the following conditions: I. Label the I-foot non-access easement along Lot 13 of Block 30, Lot 13 Block 31, and Lots 9&10 of Block 32. 2. Correct the spelling of the street name "Triple Crown". The applicant revised the plat to reflect the corrections. This unit will be vacating a previously platted 50-foot drainage interceptor, and will become part of Secretariat Drive. There is a I-foot vehicular non-access easement that has been placed on all lots that abut Belmont Parkway and all corner lots. Drainage for this site will be diverted to the detention pond in the southwest quadrant of the subdivision. There will be no parkland dedication for this unit, fees of $6,525.00 calculated at $112.50 x 58 lots will be paid before recording the final plat. Minutes Planning and Zoning Commission July l2, 2005 Page 1 of3 Staff has reviewed all items and found them to be in compliance with the Unified Development Code; therefore, there are no outstanding issues and staff recommends approval of the final plat. Following review, Mr. Haddock moved to approve the request. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. B. PC2005-036 Harral Subdivision Consider approval of a final plat for Harral Subdivision. The 4.0 :t acre tract is zoned (PD) Pre- Development and is located on Hubertus Road approximately 355-feet south east of FM 482 (361 Hubertus Road). (Applicant: Thomas & Sharon Harral) Ms. Nichols reviewed staff comments and stated that the Planning and Zoning Commission approved the preliminary plat on May 10, 2005 without any conditions or corrections. Mr. Harral is currently using the property for storage of construction materials and equipment. He understands that when he decides to build on the property a site plan will be required, only the existing condition of the property is grandfathered. A zoning application has been submitted requesting an M -1 zoning, and the plat will not be recorded until the zoning has been approved by City Council. An existing drainage easement located at the rear of the property handles all the storm water. Staff has reviewed all items and found them to be in compliance with the Unified Development Code; therefore, there are no outstanding issues and staff recommends approval of the final plat. Following review, Mr. Van Dine moved to approve the request. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 4. PUBLIC HEARINGS: There are no public hearings scheduled for this agenda. 5. ITEMS FOR INDIVIDUAL CONSIDERATION: A. PC2005-042 The Ridge at Scenic Hills, Unit 2B Consider approval for a variance of Article 10, Section 31.2 ofthe Unified Development Code. Ms. Nichols reviewed staff comments and stated that the preliminary plat was approved for a 6-month extension on May 10, 2005. The applicant is requesting variances to the Unified Development Code and Public Works Specifications Manual. BACKGROUND: The applicant is requesting a variance to the sidewalk requirements where topographical conditions of drainage ditches preclude their construction. Due to the existing topography the applicant has found that it is not feasible to construct the sidewalk along the east side of Country Club Blvd. Additionally, sidewalks do not exist for any portion along existing Country Club Blvd. The City Engineer accepted the request contingent upon a variance to the ADA (Americans with Disabilities Act Standards) requirements from TDLR (Texas Department of Licensing and Regulations). If a variance is obtained, the applicant shall submit a copy with the final plat. Ms. Nichols also noted that Public Works has accepted the request, and stated that staff recommends approval of the variance. Mr. Haddock stated that the area does have problems with development and verified with staff that this variance would only apply to Country Club Blvd. Ms. McBeth confirmed that the request only applies to Country Club Blvd. and that the hardship is due to the slope. Following review and discussion, Mr. Haddock moved to approve the variance for sidewalk requirement along Minutes Planning and Zoning Commission July l2, 2005 Page 2 of3 Country Club Blvd. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. 6. ITEMS FOR DISCUSSION A. Planning Commissioner Comments Mr. Evans: Thanked City Council for allowing the Commission to attend the APA Conference. Mr. Sommers: Reviewed a meeting of the Board of Adjustment that he attended, in which the application had not been heard by the Planning and Zoning Commission. Mr. Sommers read from the Local Government Code stating the BOA purpose and procedures. He also stated that there are penalties for violations of the Unified Development Code when a variance was not obtained. Mr. Van Dine: Inquired about the procedure for variance applications. Mr. Taylor and Ms. McBeth explained that the Planning and Zoning Commission has been a recommending body to the Board of Adjustment in the past, but the Local Government Code states that a variance request should only go the Board of Adjustment. Allowing the Planning and Zoning Commission to review and make recommendations could possibly become a legal issue if the applicant was denied, especially if the applicant received a favorable recommendation from the Planning and Zoning Commission. Ms. McBeth stated that the Planning and Zoning Commission would hear variance requests if it they are tied to new development with a zoning request, but all other variances would be heard by the Board of Adjustment on existing conditions. Ms. Tutschke: Inquired about the interconnectivity from the HEB parking lot to McDonalds and Diamond Shamrock. Mr. Taylor explained that the parties have been working on the connection, but legal issues ofliability have been a concern of the property owners. He did mention that the City is in support of the connection. Ms. Tutschke also asked staff to investigate a sign located at the intersection of Savannah Drive and Tattnall. B. City Council Report Mr. Wilenchik: Stated that Mr. Aiken's request for a variance to the side yard setbacks for Mesa Oaks has been withdrawn, and that Mr. Aiken may be applying for a zoning request. C. Director's Report Ms. McBeth: Reviewed what type of variance would be considered by the Planning and Zoning Commission and by the Board of Adjustment. She also reviewed the proposed amendments to the Unified Development Code: 1) PUD District; 2) Specific Use Permit requirements; 3) Call for public hearing, etc. Ms. McBeth also stated that staff is working on the development process. Ms. McBeth also reminded the Commission of a FM 3009 meeting scheduled for July 19,2005 at 9:00 am to preview the proposed options for road improvements. 7. ADJOURNMENT There being no further business, Mr. Van Dine moved to adjourn the meeting at 7: 16 p.m. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. rtwJwQ~~.L Chairman, Planning and Zoning Commission Recording Secretary, City of Schertz Minutes Planning and Zoning Commission July l2, 2005 Page 3 of3