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09-26-12 Minutes - Draft PLANNING AND ZONING MINUTES September 26, 2012 The Schertz Planning and Zoning Commission convened on September 26, 2012 at 6:00 P.M. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSIONCITY STAFF David Richmond, Chairman Brian James, Executive Director of Development Ernie Evans, Vice-Chairman Lesa Wood, Planner I Ken Greenwald Mark Hill, Interim City Engineer Christian Glombik Patti White, Admin. Asst. Development Services Bert Crawford Richard Braud Michael Dahle, Alternate COMMISSIONERS ABSENTOTHERS PRESENT Jake Jacobs Brian Crowell, Briones Engineering Gordon Rae, Alternate Andy Rodriguez, Briones Engineering Mike DeNuccio, Winstead 1.CALL TO ORDER/ROLL CALL Mr. Richmond called the meeting to order at 6:00 P.M. 2.SEAT ALTERNATE TO ACT IF REQUIRED Mr. Dahle was seated as a voting member. 3.HEARING OF RESIDENTS Steve Layton, 12231 Lost Meadows Drive, discussed drainage/flood condition regarding The Reserve at Schertz. Ryan Mahoney, 5233 Columbia, who lives in Fairhaven, asked about the progress of the new building ordinance. Mr. James responded that the ordinance would be discussed at the next P&Z meeting. Michael Dulan, 6956 Hallie Heights, showed footage when the street was first built and discussed the streets in his subdivision. 4.DISCUSSION ITEM: A. Discussion on Rough Proportionality. (B. James) Mr. James gave a brief overview of rough proportionality. He explained that the Texas Local Government Code, Section 212.904, and the Schertz Unified Development Code, Section 21.1.7, requires Staff to evaluate a developer?s responsibility for municipal infrastructure improvements. Specifically, when dedication of thoroughfare right-of-way, payment of fees, and payment of construction costs required by the UDC exceed a development?s roughly proportionate share of the municipal infrastructure costs, Staff must evaluate and determine the total impact on the developer. He stated that Staff is proposing that the City of Schertz should mirror the City of San Antonio?s methodology for calculating the rough proportionality of the infrastructure improvements required to Minutes Planning and Zoning Commission September 26, 2012 1 of 4 Page be dedicated or constructed by the developer. 5.CONSENT AGENDA A. Minutes for September 12, 2012. Mr. Greenwald moved to approve the consent item as presented. Mr. Dahle seconded the motion. Vote was 6-0-1 with Mr. Glombik abstaining. Motion carried. 6.ITEMS FOR INDIVIDUAL CONSIDERATION: APC 2012-026 The Reserve at Schertz ? Master Plan . Consider and act upon a request for approval of a master plan of The Reserve at Schertz, a 93.452+ acre tract of land out of 153.85 acre tract and situated in the Stacy B. Lewis Survey No. 317 and the Antonio Zamora Survey No. 36, City of Schertz, Bexar County, Texas and located on N. Graytown Road approximately 1100 + feet north of the IH 10. Ms. Wood began the presentation on the item by stating the applicant is proposing to develop The acre tract of land zoned Residential Agriculture (RA). The subdivision Reserve at Schertz, a 93.452+ will develop in four (4) phases with 88 single family residential lots. Mr. Hill discussed drainage on the Master Plan and the existing property along with City guidelines and how the floodplain ordinance is managed. Mr. Layton was requested by Mr. Crawford to come to the dais to answer questions about the flood elevation and the model that he used for his presentation. Mr. James stated that the City has a current ordinance/policy that was passed and sets the standards that must be met. Staff makes sure that the applicant is meeting those requirements. If we don?t like the results, then we should look at changing those standards. Mr. James stated drainage ordinance discussions should be brought back to the Commission after the building ordinance discussion. Ms. Wood continued her presentation of the item. The subject property is located north of IH 10 off of N. Graytown Road adjacent to the Hunter Estates and Ivy Estates subdivisions. Ms. Wood stated that all residential subdivisions have a minimum of two (2) locations accessing existing public streets. This development is designed to have two (2) points of access via N. Graytown Road and through the adjacent Ivy Estates Subdivision/Lazar Parkway. The City?s Master Thoroughfare Plan (MTP) designates a proposed north/south collector identified as Lazar Parkway (86? ROW) that stretches from Lower Seguin Road to IH 10 that has been dedicated with Hunter Estates and Ivy Estates. The applicant is providing the 13? dedication for Graytown Road. Sidewalks, Hike and Bike Trails are required along both sides of all streets throughout the subdivision and along Lazar Parkway and N. Graytown Road. This site is serviced by Schertz water. The subject property is affected by the additional design requirements of the UDC, which require landscaping buffers and screening along Lazar Parkway and N. Graytown Road. Landscape buffer lots have been provided adjacent to N. Graytown Road. The site is within the San Antonio River Authority (SARA) certificate of Convenience and Necessity Minutes Planning and Zoning Commission September 26, 2012 2 of 4 Page (CCN). SARA has confirmed the ability to serve the site except there are no sewer lines currently constructed in the area. The applicant is proposing an on site sewer facility (OSSF) which is regulated by Bexar County. In accordance with UDC, Wastewater System, all lots, tracts and parcels on which the development is proposed shall be connected to a public wastewater system. Based on the requirements of the UDC the installation of OSSF requires a waiver to be granted by the Planning and Zoning Commission. All streets will be developed to City of Schertz specifications including sidewalks and improvements. In addition to the Master Plan requirements for privately owned On-Site Sewage Facilities (OSSF) connected to a public wastewater system, the UDC, Article 12 Subdivisions, requires that all land subdivided or platted shall comply in full with the requirements of this UDC. Not connecting to a public wastewater system and installation of OSSF requires a waiver to be granted by the Planning and Zoning Commission as prescribed in Sec. 21.12.15 Waivers. The UDC authorizes the Planning and Zoning Commission to grant waivers to the provisions in Article 12 when undue hardship will result from requiring strict compliance. In the past OSSF were permitted to be installed without a waiver because the code that regulates the installation of public infrastructure had been interpreted differently; however, a waiver is necessary. The developer is requesting the waiver to the UDC requirement because at this time SARA does not have public wastewater lines constructed to this property. In addition, the plan indicates that the proposed tract of land is located adjacent to the secondary arterial (Lazar Parkway). In accordance with UDC, Article 4 Procedures and Applications, Sec. 21.4.15.E.1 Timing of Public Infrastructure Improvement Construction, requires the installation of all public improvements required to serve the subdivision before a final plat is recorded. Therefore, the construction or deferment of Lazar Parkway will need to be addressed with each unit during the platting and civil construction plan review and approval process. If the City requires as a condition of approval for a property development project that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer?s portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate. A Rough Proportionality report has been submitted and is being reviewed by Staff. Mr. Braud moved to approve this item as presented. Mr. Glombik seconded the motion. Vote was 5-2 with Mr. Crawford and Mr. Evans voting nay. Motion carried. 7.REQUESTS AND ANNOUNCEMENTS: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. None. B. Requests by Commissioners to Staff for information. Mr. Greenwald stated that the Drive Through for GVEC behind Curtiss has pieces cut out of the concrete and water is draining into the senior housing area; did they get a permit? Minutes Planning and Zoning Commission September 26, 2012 3 of 4 Page C. Announcements by Commissioners. City and community events attended and to be attended Continuing education events attended and to be attended Mr. Evans stated that since he could not obtain transportation he will need to cancel his reservations at the APA Conference. D. Announcements by City Staff. Mr. James stated that the Fairhaven ordinance will be brought to the Commission at the next meeting as a public hearing. Ms. Wood reminded Commissioners whose appointment term expires this year, to fill out a new application and get it to Brenda Dennis, City Secretary. Mr. Richmond stated that Mr. Evans, Mr. Greenwald, Mr. Braud, and Mr. Jacobs had terms expiring this year, plus with the resignation of Gordon Rae, this should leave 5 positions to fill by re-appointment or new appointment. 6.ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 7:55 P.M. ___________________________________ ________________________________ Chairman, Planning and Zoning Commission Recording Secretary, City of Schertz Minutes Planning and Zoning Commission September 26, 2012 4 of 4 Page