7C - The Reserve at Schertz Unit 2 PP
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Planning and Zoning Commission
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Michelle Sanchez, Director of Development Services
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Lesa Wood, Planner I
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PC2013-009 The Reserve at Schertz, Unit 2 ? Preliminary Plat
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Consider and act upon a request for approval of a preliminary plat of The Reserve at
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Schertz, Unit 2, a 22.541+ acre tract of land out of 93.452 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.
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Owner: Estates of Bertha Wilke Staudt
Developer/Applicant: Triple H Development, LLC, Harry Hausman, Developer
Project Engineer: Briones Engineers, Andy Rodriquez, Project Manager
February 11, 2013 (Original Application)
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March 4, 2013 (Revised Submittal)
The applicant is proposing to preliminary plat 22.541+ acres of land establishing 31 single
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family residential lots with a minimum lot size of 21,780 square feet and 25? building setbacks on all sides
dictated by the zoning district. The site is zoned Residential Agriculture (RA).
The subject property is currently undeveloped and is
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located north of IH 10 off of N. Graytown Road and adjacent to the Hunter Estates and Ivy Estates subdivisions.
This property is located adjacent to the 100-year floodplain (Unit 4) but Unit 2 is not located within the
floodplain.
The UDC, Article 14, requires that all residential subdivisions have a minimum
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of two (2) locations accessing existing public streets. This development is designed to have two (2) points of
access through Unit 1 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 on the plat
Lazar Parkway (86? ROW) which right-of-way was dedicated with Hunter Estates and Ivy Estates. Furthermore,
the MTP proposes an expansion of the existing Graytown Road (60? ROW) to an 86? ROW. The applicant is
providing the 13? dedication for Graytown Road. Prior to recording the final plat for this subdivision the final plat
for the Unit 1 must be filed with the county Clerks office.
While the applicant is requesting a waiver to not improve Graytown Road, it still provides a point of access in its
existing condition to the subdivision. The applicant is also requesting a waiver to not construct Lazar Parkway,
except for the connection to Ivy Estates which provides the second point of access.
The applicant will be responsible for complying with Unified
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Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The applicant has submitted a
Tree Affidavit which indicates that there is no protected or heritage trees on the site; which has been confirmed
by George Logan, Director of Parks and Community Services.
ìçúðóù óïìêíæ÷ï÷îèé ûîø é÷êæóù÷é
Water: This site is serviced by Schertz water; the extension of an 8? waterline will tie to the adjacent Ivy Estates
Subdivision through The Reserve at Schertz, Unit 1.
Sewer: The site is within the San Antonio River Authority (SARA) certificate of Convenience and Necessity
(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, Article 15 Easements and Utilities, Sec. 21.15.3.B, 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. The Commission granted a similar waiver for The Reserve at Schertz, Unit 1.
Drainage: The applicant will be responsible for all drainage associated with the subject property, and for
compliance with the Storm Water Ordinance. Detention to serve this property is through Block 13, Lot 10.
Drainage calculations have been reviewed and accepted by the City Engineer. Drainage requirements and
standards are defined in Article 13 Land Disturbing Activities and Drainage ? Section 21.13.2 Drainage and
Section 21.13.3 Stormwater Management Plan of the Unified Development Code.
Sidewalks, Hike and Bike Trails: Sidewalks will be constructed along both sides of the street throughout the
subdivision and are designed to meet the City of Schertz specifications. Based on the rough proportionally
analysis, the sidewalks adjacent to Lazar Parkway will be built with the construction of the future Lazar
Parkway. The developer has agreed to place the actual cost of construction of the sidewalks along Graytown
Road in an escrow account in lieu of the sidewalk construction. The sidewalks will be constructed at the time of
road improvements or at which time the City determines appropriate.
Additional Design Criteria: The subject property is affected by the additional design requirements of the UDC,
Section 21.14.3. along Lazar Parkway and N. Graytown Road to include landscaping buffers and screening. An
8? masonry screening wall will be constructed along N. Graytown Road and Lazar Parkway at the rear of each
residential lot at the time of development. A landscape buffer lot (Lot 40, Block 13) adjacent to N. Graytown
Road has been provided with this plat.
Road Improvements: The streets within the subdivision will be constructed according to City of Schertz
specifications. The development is located adjacent to Graytown Road. Graytown Road is an existing 60? ROW
and the MTP designates it as a secondary arterial (86? ROW). 13? of ROW has been dedicated to the City of
Schertz for the expansion. The property is located adjacent to future Lazar Parkway, the full right-of-way is
being dedicated by the adjacent Ivy Estates Plat. The developer requested a waiver to not construct the half of
Lazar Parkway adjacent to the subject property and to not construct the improvements to N. Graytown Road
based on the rough proportionality analysis findings that the supply provided is roughly proportionate to the
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demand resulting from the development. The Planning and Zoning Commission granted a waiver on Unit 1
which allows the developer to provide the required dedication of land for public ROW without construction or
improvement to the ROW?s. Rough Proportionality is considered pursuant to UDC, Sec. 21.1.7 Apportionment
of Municipal Infrastructure Costs.
The preliminary plat has been reviewed with no objections by
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the City Engineer, Public Works, Parks, Inspections, Fire and Police. The plat is consistent with all applicable
zoning requirements, ordinances, and regulations of the City with the waiver approval.
The applicant has requested two waivers with this preliminary plat application to allow the Planning and Zoning
Commission to consider the facts and conditions of the requests prior to granting the 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.
The preliminary plat indicates that all the residential lots proposed will have privately owned On-Site Sewage
Facilities (OSSF). In accordance with UDC, Article 15 Easements and Utilities, Sec. 21.15.3.B, Wastewater
System, all lots, tracts and parcels on which the development is proposed shall be connected to a public
wastewater system. Furthermore, the UDC, Article 12 Subdivisions, Sec. 21.12.2.D. requires that all land
subdivided or platted shall comply in full with the requirements of this UDC. Based on the requirements of the
UDC not connecting to a public wastewater system and installation of OSSF and requires a waiver to be
granted by the Planning and Zoning Commission as prescribed in Sec. 21.12.15 Waivers. The developer is
requesting the waiver to the UDC requirement because at this time SARA does not have public wastewater
lines constructed to the property. The Commission granted a waiver for Unit 1 which allowed the OSSF for
each privately owned lot.
The plat indicates that the proposed tract of land is located adjacent to the secondary arterial (Graytown Road
and 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 or the applicant can defer the obligation to install the
public improvements conditioned on the execution of a subdivision improvement agreement and sufficient
surety to secure the obligations defined in the agreement. Furthermore, the UDC, Article 12 Subdivisions, Sec.
21.12.2.D. requires that all land subdivided or platted shall comply in full with the requirements of this UDC.
Based on the requirements of the UDC any public improvement not installed requires a waiver to be granted by
the Planning and Zoning Commission as prescribed in Sec. 21.12.15 Waivers.
Pursuant to UDC, Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs - 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 to the proposed development as approved by a professional
engineer who is licensed in the State of Texas, and is retained by the municipality. This provision must be
considered when determining the approval of the waiver for installation public infrastructure for this project. The
applicant is requesting approval of a waiver regarding construction of Lazar Parkway and Graytown Road;
based on the calculations provided by the applicant, using the City of San Antonio?s methodology. Staff is
supportive utilizing San Antonio?s methodology to determine rough proportionality. Based on the analysis, while
the developer will be dedicating the necessary right-of-way, to require improvements to either Lazar Parkway,
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beyond what the developer is proposing to provide access, or Graytown Road creates a rough proportionality
issue. As such, Staff is recommending the waiver.
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XApprove as submitted with waiver
Approvewithconditions*
Denial
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.
Staff recommends approval of the two waiver requests for the following reasons:
1.Based on the calculations provided by the applicant for rough proportionality. The developer will be
dedicating the necessary right-of-way for both Lazar Parkway and Graytown Road.
2.Based that there are no existing wastewater lines in this area to serve this subdivision.
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In considering final action on a preliminary plat, the Commission should consider the criteria within UDC,
Section 21.12.8.D.
In considering final action on waivers to the UDC, the Commission should consider the criteria within the UDC:
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A. General
The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its
opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and
Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest.
In making their findings, the Planning and Zoning Commission shall take into account the nature of the
proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will
reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and
upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the
Planning and Zoning Commission finds:
1)That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or
injurious to other property in the area; and
2)That the granting of the waiver will not have the effect of preventing the orderly subdivision of
other land in the area in accordance with the provisions of this UDC. Such findings of the
Planning and Zoning Commission, together with the specified facts upon which such findings
are based, shall be incorporated into the official minutes of the Planning and Zoning
Commission meeting at which such waiver is granted. Waivers may be granted only when in
harmony with the general purpose and intent of this UDC so that the public health, safety, and
welfare may be secured and justice done.
B. The Planning and Zoning Commission may establish a time period for execution of each granted waiver.
C. Such findings together with the specific facts on which such findings are based shall be incorporated into the
official minutes of the Planning and Zoning Commission meeting at which such exception is granted.
Planning and Zoning Commission shall not authorize a waiver that would constitute a violation of a valid law,
ordinance, code or regulation of the City.
D. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may
be appealed to the City Council. When considering an appeal, the City Council shall consider the same
standards as the Planning and Zoning Commission as outlined above.
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Aerial (Map)
Rough Proportionally Analysis
Waiver letters
Exhibit
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