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08-09-2006 PLANNING AND ZONING MINUTES August 9, 2006 The Schertz Planning and Zoning Commission convened on August 9, 2006 at 6:30 p.rn. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION Ernie Evans, Vice Chairman Keith VanDine, Secretary (arrived at 6:32 P.M.) Gary Wallace William Sommers Roberta Tutschke Michael Carpenter, City Council Liaison (arrived at 8:02 P.M.) CITY STAFF Leonard Truitt, Development Services Director Misty Nichols, Planner II Chris Gabbard, Planner I COMMISSIONERS. ABSENT Kevin Grant - Reserve Duty David Richmond - Vacation OTHERS PRESENT Harry Jewett, Harry Jewett and Associates Robert Brockman, 1000 Elbel Larry Dublin, Ford Engineering William Hardin, Hardin Herald & Co. Matt Johnson, Pape-Dawson Engineers, Inc. Steve Sampson, Bare, Adler & Anderson 1. CALLTOORDEWROLLCALL Mr. Evans called the meeting to order at 6:30 P.M. 2. CITIZEN COMMENTS Mr. Brockman commented on a good job that the commission did regarding the Public Hearing at the July 26th meeting. He also commented about hearing that the council intends to reduce the acreage in Residential Estates from 5 acres to 1 acre. 3. CONSENT AGENDA: A. PC2005-067 Consider and act upon a request for a Final Plat with variance and replat of Belmont Park, Unit 7. The 11.93::l:: acre tract is located off IH 35, northeast of Freeway Manor Subdivision, containing 48 single-family lots. The property is zoned Residential-5 (R-5). Applicant: Continental Homes of Texas, L.P. B. PC2006-059 Consider and act upon a request for a final plat of Kramer Farm Subdivision, Unit 2. The 13.207:t acre tract consists of 73 residential lots generally located at intersection of Kramer Parkway and Schertz Parkway. The property is zoned Residential-5 (R-5) Applicant: Pulte Homes Minutes Planning and Zoning Commission August 9, 2006 Page 1 of4 Following reading of the Consent Agenda items, Mr. Sommers moved to approve the Consent Agenda. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 4. PUBLIC HEARINGS: There were no items for the public hearing. 5. ITEMS FOR INDMDUAL CONSIDERATION: A. PC2006-042 Consider and act upon a request for a preliminary plat ofWHHT Development. The 85.94:t-acre tract is generally located on the east side ofFM 3009 between the Union Pacific Railroads. The property is zoned Manufacturing District-Light (M-l). Applicant: Hardin Herald & Company, LLP Ms. Nichols reviewed staff comments, attached herewith and made part of these minutes. Mr. Truitt commented that his previous predecessor accepted this project as a minor plat. Staff is unresolved with TxDOT's 60-foot right-of-way. Owner is present to speak. Mr. Johnson explained the storm water runoff and the purpose of the preliminary plat is to increase the market value. The site plan will adjust to flood plain. He did receive a letter from the City saying that there are water and sewer at the location. He has provided documentation to the City to provide water loop. Client (property owner) provided a letter to the City of promise of 60-foot right-of-way dedication. Mr. Sampson's issue is the FM 3009 right-of-way dedication of 7.6 acres is the most valuable property of the owners. Now the City is asking for a 130-foot right-of-way dedication. He also added that TxDOT has no plans for FM 3009. Mr. Evans disagreed with that statement saying that all property owners were notified by TxDOT and have had several public meetings. Mr. Sampson commented that TxDOT only has preliminary schematics and nothing has been funded or finalized. Mr. Wallace stated the issue is with both the right-of-way widths and not knowing their proposed locations. Mr. Sampson argued that the client is trying to develop property, and asked does the City or State have the money to purchase the right-of-way for FM 3009 development. Mr. Truitt stated that originally the dedication was for 30-foot and asked Matt to confirm. Mr. Evans agreed that it does not meet the requirements as a minor plat. That something needs to be done that prevents building in this area, to ensure that the property could be obtained. Mr. Truitt proposed that the commission approve, disapprove or ask if the client would like to withdraw. Minutes Planning and Zoning Commission August 9, 2006 Page 2 of 4 Mr. Hardin stated that he does not want to withdraw. Mr. Sommers asked Mr. Sampson if this is a vested rights case. Mr. Sampson stated that this is not a vested rights case. Mr. Sommers commented that the City could get sued and be in a Comal County trial in six months. With no further discussion, Mr. Wallace moved to approve the request. Mr. Van Dine seconded the motion. Voting Aye: Ms. Tutschke, Mr. Sommers, Mr. Van Dine, and Mr. Wallace. Voting Nay: Mr. Evans. Motion carried. B. PC2006-042 Consider and act upon a request for a final plat ofWHHT Development. The 85.94:t acre tract is generally located on the east side ofFM 3009 between the Union Pacific Railroads, the property is zoned Manufacturing District-Light (M-1). Applicant: Hardin Herald & Company, LLP Mr. Truitt commented that this meets all requirements of the Unified Development Code at this time. Mr. Van Dine inquired where the 130-feet come into play. Mr. Truitt responded that minor plats couldn't have a right-of-way issue that is why the staff sent it through as a preliminary plat and a final plat. With no further discussion, Mr. Sommers moved to approve the request. Mr. VanDine seconded the motion. Voting Aye: Ms. Tutschke, Mr. Sommers, Mr. Van Dine, and Mr. Wallace. Voting Nay: Mr. Evans. Motion carried. 6. ITEMS FOR DISCUSSION A. City Council Mr. Carpenter commented that Mr. Wilenchik is doing well. Also, next week is the first public hearing on the City re-zoning and he expects to have the media there. B. Director's Report Ms. Nichols commented that everything is going well and that staff will have a heavy load in September; 21 applications were submitted on July 24, 2006. Mr. Truitt spoke about recommending to City Council making some changes on the re-zoning map so that it may alleviate some concerns. He is recommending that the "RE", Residential Estates, go from 5 acres to 1 acre and make it available for residents to apply for a Specific Use Permit in the General Business - 2 zone. C. Planning Commissioner Comments Minutes Planning and Zoning Commission August 9, 2006 Page 3 of 4 Ms. Tutschke: No Comments. Mr. Sommers: It is good to hear that the City is trying to relieve some re-zoning issues pertaining to the last public hearing. Mr. Van Dine: He attended a meeting on Monday evening referencing the South side of town and listened to the residents concerns on the re-zoning. His advise to the residents was to exhaust every effort before consulting an attorney. Mr. Wallace: Nothing to add. Mr. Evans: Has concerns that Kramer Farm is not putting in trees to meet the Unified Development Code. Also, added that there is a sign between FM 78 and the railroad tracks, that belongs to Reidels and it is not appropriate. 7. ADJOURNMENT The meeting adjourned at 8:09 P.M. rLJdLp Recording Secretary, City of Schertz \ ry~ J~.L Vice-Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission August 9, 2006 Page 4 of 4