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01-24-2006PLANNING AND ZONING MINUTES January 24, 2006 The Schertz Planning and Zoning Commission convened on January 24, 2006 at 6:30 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #1, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Keith Van Dine, Secretary Kevin Grant Roberta Tutschke Gary Wallace Tony Wilenchik, City Council Liaison Ernie Evans, Vice Chairman COMMISSIONERS ABSENT William Sommers 1. Call to Order/Roll Call CITY STAFF Nancy McBeth, Director of Planning Misty Nichols, Planning Technician Jonette Ellis, Planner 1 OTHERS PRESENT Robert Brockman, 1000 Elbel Road Harry Jewett, Harry Jewett and Associates Carlos Contreras, KB Homes Scott Fitzer, KB Homes Mr. Richmond called the meeting to order at 6:30 P.M. 2. Citizen Comments Mr. Brockman asked the Commission if they were aware that the proposed floodplain maps are available for review. Mr. Wilenchik stated that Ford Engineering's research states the maps from the Corps of Engineers are incorrect. 3. Consent Agenda A. Consider and act upon approval of the January 10, 2006 Planning and Zoning Commission meeting minutes. There were no items pulled for discussion. Mr. Wallace moved to approve the item on the consent agenda. Ms. Tutschke seconded the motion. Vote unanimous. Motion carried. 4. Public Hearing A. ZC2005 -028 Hold a public hearing and consider and act upon a request to rezone 15.927± acres from General Business (GB) and Residential District -2 (R -2) to Residential District -7 (R -7). The tract is situated out of the Torribo Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located at the southwest corner of Schertz Parkway and Maske Road. Project Name: Ackermann Ridge West. Applicant: Malford Ackermann for KB Homes Minutes Planning and Zoning Commission January 24, 2006 Page I of 5 Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval. There were 41 letters mailed, with one response in opposition. The City Council will hold a public hearing on February 7, 2006. Mr. Jewett stated that the property is impacted by the current FEMA maps and will be taken out of the floodplain in the proposed maps. Density has been reduced for an on site detention pond, addressing drainage issues. Public Hearing Closed at 6:44 p.m. Mr. Evans stated that he has reviewed the (TIA) Traffic Impact Analysis and stated that this did not address the other developments that are affecting Schertz Parkway. He asked for a TIA that includes Mesa Oaks, Bindseil Farms, Kramer Farms, etc. The document today does not have sufficient enough information. Mr. Jewett explained that he took two traffic counts in the morning and afternoon, and he did not add other developments because he did not have information necessary to encompass the other development. Mr. Wilenchik asked Ms. McBeth if a TIA by the City could be done. Ms. McBeth stated that only if the City contracts someone to do the work. Mr. Evans asked Ms. McBeth if the Letter of Map Revision is the only thing that brings this out of the floodplain. Ms. McBeth stated that is correct. With no further discussion, Mr. Wallace moved to recommend approval to the City Council. Mr. Van Dine seconded the motion. Vote Aye: Mr. Richmond, Mr. Van Dine, and Mr. Wallace. Vote Nay: Mr. Grant, Mr. Evans and Ms. Tutschke. Motion failed. B. ZC2005 -027 Hold a public hearing and consider and act upon a request to rezone 11.796± acres from General Business (GB) to Residential District -7 (R -7). The tract is situated out of the Torribo Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located at the southeast corner of Schertz Parkway and Maske Road. Project Name: Ackermann Ridge East. Applicant: Malford Ackermann for KB Homes Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of disapproval. She mentioned that staff had issues regarding access to the property. Maske Road will be abandoned just beyond Mr. Ackermann's home toward Schertz Parkway, and from Schertz Parkway toward Live Oak Road, only allowing access to Ms. Peak's property. Staff believes that the City needs to reserve some of the General Business on Schertz Parkway. There were 21 letters mailed, with one response in favor and one in opposition. The City Council will hold a public hearing on February 7, 2006. Mr. Contreras stated that K.B. Homes share the same goal of retail in Schertz, although this may not be the best location for commercial development. Mr. Fitzer stated that their goal is to be a good and responsible neighbor and are sensitive to Schertz. Minutes Planning and Zoning Commission January 24, 2006 Page 2 of 5 Research shows that commercial developers in the area would not consider this area as a good area for commercial development. Public Hearing Closed at 7:10 p.m. Mr. Richmond asked the developers if they were aware of the commercial zoning of adjacent properties. They replied that the 19 -acres of commercial property concerns them because they believe this entire area should be developed residentially. Mr. Richmond stated that virtually all of the commercial property on Schertz Parkway has been rezoned residential which he believes is a mistake and doesn't recognize the need for appropriate neighborhood services. Mr. Evans asked that the developers in the immediate area get together for a group TIA. He asked again if the LOMAR affects this property. Ms. McBeth stated that yes this is correct. With no further discussion, Mr. Wallace moved to recommend disapproval to the City Council. Mr. Grant seconded the motion. Vote Aye: Mr. Richmond, Mr. Grant, Mr. Wallace, Mr. Evans and Ms. Tutschke. Vote Nay: Mr. Van Dine. Motion carried. C. ZC2005 -032 Hold a public hearing and consider and act upon a request to rezone 19.992± acres from General Business (GB) and Residential District -1 (R -1) to Residential District -6 (R -6). The tract is situated out of the T. Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located at the intersection of Live Oak Road and Maske Road. The property is being referred to as Mesa Oaks II. Applicant: Burkett Live Oak, Ltd. Ms. McBeth reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of disapproval to rezone 8.835± acres from GB to R -6 and approval to rezone 10.471± acres from R -1 to R -6. She mentioned that staff has the same concerns as with the Ackermann track. Mr. Evans stated that the zoning actions couldn't be split. Ms. McBeth stated that an action could be made on less acreage for zone requests. Mr. Aiken requested that the action for this item be tabled after hearing the concerns Mr. Evans stated in the previous public Hearing. Mr. Brockman asked how many letters were sent and if there were any responses. Ms. Ellis stated there were 5 letters mailed, with no responses. Public Hearing Closed at 7:36 p.m. Mr. Aiken asked to withdraw the application and will submit a new application at a later date. No action was taken on this item. 5. Items for Individual Consideration: A. PC2005 -081 Consider and act upon a request for a preliminary plat of Sedona Subdivision, Unit 1. The 60.9± acre tract contains 171 single - family lots and 3 commercial lots. The property is generally located Minutes Planning and Zoning Commission January 24, 2006 Page 3 of 5 at the southwest corner of FM 1518 and Lower Seguin Road. The property is zoned Planned Unit Development (PUD). Applicant: Schertz 1518 Ltd. Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval subject to the corrections indicated by staff. Ms. McBeth mentioned that the City Engineer reviewed a Conditional Letter of Map revision and he is pleased with the proposal. Mr. Evans was interested in the location of the Sewer treatment plant and how the waste will be handled. MR. Aiken explained that the plant would be located where the master plan indicates the location of a fishpond. The solid waste will be hauled off until the plant is ready for full use and then the city will take over. He also mentioned that he has been working with Public Works on the location for the elevated water tank and lift stations. With no further discussion, Mr. Grant moved to approve the request subject to the corrections indicated in Ms. Ellis' report. Mr. Wallace seconded the motion. Vote unanimous. Motion carried. B. PC2005 -086 Consider and act upon a request for a master plan of the Kensington Ranch Subdivision. The 77.565± acre tract is generally located west of Schertz Parkway on Savannah Drive and contains 184 single - family lots. The property is zoned Planned Unit Development (PUD). Applicant: Centex Real Estates Corporation Ms. Ellis reviewed staff comments, attached herewith and made part of these minutes, which include a recommendation of approval. Mr. Wallace asked if this property is affected by the proposed FEMA maps. Ms. McBeth stated that it doesn't affect it much if even at all. Mr. Richmond stated that he is concerned with the Industrial zoned property in Selma that abuts this development. Mr. Wallace asked if any signage would be proposed for the development. Ms. McBeth stated that this was discussed at the zoning request and any signage will meet the Unified Development Code standards. With no further discussion, Mr. Wallace moved to approve the item. Mr. Grant seconded the motion. Vote unanimous. Motion carried. 6. Items for Discussion A. City Council Mr. Wilenchik left the meeting at 7:00 p.m. to attend the City Council meeting. Ms. McBeth stated that City Council is still working on their Strategic Planning meeting. Minutes Planning and Zoning Commission January 24, 2006 Page 4 of 5 B. Director's Report Ms. McBeth stated that she handed out a copy of the American Bar Association, Roberts Rules of Order to the Commissioners. She stated that the FEMA maps were issued. She is trying to get a set, and will try to have copies for the Commissioners by the next meeting. She mentioned that she received a letter from Mr. Arrington regarding the 1863 survey, and she has responded also mentioning the procedures for public hearing notices. C. Planning Commissioner Comments Ms. Tutschke: Asked if the minutes were up to date. Ms. McBeth stated we are working on bringing them up to date. Mr. Evans: Asked about Schertz Forest — He hasn't seen any construction in that area yet. Ms. Ellis stated that the new alignment would be constructed with Unit 3. Mr. Richmond: Asked about the Green Valley School fence. Ms. Ellis stated that the staff has a meeting scheduled with school district to discuss this matter. The Commission needs to be mindful of motions and seconding of motions. It is okay for a motion to fail for lack of a second. This is more appropriate than seconding to bring a vote, and then voting against the motion. Mr. Van Dine: Stated that just because one seconds the motion does not mean that they have to vote in favor of the motion. Once again Mr. Richmond stated that if you are not in favor of the motion don't second it. It is okay to let the motion die for lack of a second and allow another motion to be made. 7. Adjournment The meeting adjourned at 8:54 P.M. Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission January 24, 2006 Page 5 of 5 Recording Secretary, City of Schertz