PZ 03-13-2013PLANNING ANI) Z®NING MINUTES
March 13, 2013
The Schertz Planning and Zoning Commission convened on March 13, 2013 at the Municipal
Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
PLANNING ~ ZONING COMMISSION
David Richmond, Chairman
1~en Greenwald
Bert Crawford, .lr.
Richard Braud
Michael Dahle
CITY STAFF
Brian James, Executive Director Development
David Harris, Executive Director Support
Michelle Sanchez, Director Development Services
Mark Hill, Interim City Engineer
Lesa Wood, Planner I
Patti White, Admin. Asst. Development Services
C®MMISSIONEIZS ABSENT
Ernie Evans, Vice-Chairman
Christian Glotnbilc
I. CALL TO ®RI)ER/R®LL CALL
®TIIERS PRESENT
Burt Wellman, KFW Engineers
Andy Rodriquez, Briones Engineering
Brian Crowell, Briones Engineering
Rolando Briones, Briones Engineering
Mr. Richmond called the meeting to order at b:03 P.M.
2. SEAT ALTERNATE TO ACT IF REQiJIREI)
No alternates were seated.
3. RECOGNITI®N/OATH ®F APP®INTEI) C®MMISSI®NEIZ.S - ERNEST EVANS
Mr. Richmond stated that this item would be postponed until the next meeting because Mr. Evans
is absent.
4. ELECTION OF CIIAIRMAN ANII VICE CIIAIRMAN
Mr. Richmond stated that this item would be postponed until the next meeting because Mr. Evans
is absent.
5. HEARING OF RESIDENTS
® Steve Layton, l 2231 Lost Meadows, spoke on livestock ponds.
® Ryan Mahoney, 5233 Columbia, spoke on livestock ponds.
6. L®NE STAR RAIL I1PI~ATE
M.r. Harris presented this item by stating that the Lone Star Rail Board met on Friday, March 1,
2013 and these are the highlights:
® George Antuna was appointed as an alternate to the 7-~nernber Executive Committee.
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Planning and Zoning Commission
March 13, 2013
Page 1 of 9
® LSR staff is working with the North End of the Corridor on Interlocal Agreements for TIF
funding mechanisms; San Antonio up to bat next; the middle region will be discussed
lastly. Looking at funding options for the middle area that will allow for taxing districts
outside of Schertz.
• 4 bills in the Legislature seeking funding for TxDOT to fund rail relocation -HB 1878,
1879, 1880, and 1985.
Just received today is some of the biggest news to come out of the Lone Star Rail Distract. LSR
Board Chair Sid Covington sent a letter (with a copy to be distributed to the Commission} stating
that the Federal Highway Administration will serve as the lead agency for environmental review of
the Lone Star Rail projects-bath the passenger rail and the freight rail bypass project. Reasons
for this include the following:
• The agency is overseeing the existing federal funding issues far the District.
® The FHWA administers the Projects of National and Regional Significance Program and
the Transportation Infrastructure Finance and Innovation Act {TIFIA) program, the most
likely sources of additional federal fiinding.
• Three other freight bypass and highway relief projects are currently being administered 6y
the agency including the Chicago area CREATE rail project, the Crescent Corridor (New
Jersey to Louisiana}, and Heartland Corridor (Columbus, OH, to Norfolk, VA}.
Additionally, other achievements over the past year include:
® Securing an additional $10.5 M for environmental review on the freight bypass project.
• Successful work with Union Pacific to develop joint operating and service plans.
® Significant progress on business and financial plans.
® Interlocal financing agreements.
® Agreement on combining the environmental processes for the freight and passenger
projects.
Discussion followed between Mr. Harris and the Commission.
7. ITLMS F®R INDIVIDUAL C®NSIDERA'TI®N:
A. PC2013-011 Willow Grove_Amended IVlaster Plan
Consider and act upon a request far an amended master plan of the Willow Grove Subdivision; a
67.77 acre tract out of the J. Leal D. Survey No. 79, Abstract 424, County Bloclc 5058, Bexar
County, Schertz, Texas and is generally located 900 feet west of the intersection of Schaefer
Road and FM 1518.
Ms. Wood presented this item by stating that the applicant is proposing to amend the previously
approved master plan which is b7.77+_ acres of land zoned Single Family Residential District-b {R-
G) and General Business (GB). The residential po--lion of the subdivision will develop in three (3)
phases establishing 221. single family residential lots with a minimum lot size of 7,200 square feet
and three (3) lots established for commercial. Ms. Woods stated that the 7,200 square feet
minimum lot size was a correction to the 6,600 square feet minimum lot size that was shown on the
staff report.
The subject property located generally west of the intersection of Schaefer Road and FM 1518 and
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Plann[€ag and Zoning Commissio~~
March 13, 2013
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Unit 1 is currently under construction. This development is designed to have two (2} paints of
access via FM 1518 and Schaefer Road as well as connection to the adjacent subdivision, 1Nillow
Grove Estates.
A 2.61+_ acre private park is being provided for this subdivision; however, because the private park
does not meet the minimum development standards of the UDC, afee-in lieu of parkland
dedication in the amount of $1000 per dwelling unit will be paid by the Developer prior to
recording of the final plat. This application was reviewed under UDC, Ordinance 11-5-15.
All public improvements required for this subdivision are required to be installed prior to recording
of the final plat, unless otherwise specified in an approved development agreement. The civil
construction plans have been reviewed by the Public Worlcs and Engineering Departments. The
applicant is responsible for all drainage associated with the subject property, and for compliance
with the Sto~•~n Water regulations. Drainage report has been reviewed and approved by the City
Engineer.
Sidewalks will be constructed along both sides of the streets throughout the subdivision and along
Schaefer Road.
All streets will be developed to City of Schertz specifications. A 7.5' street dedication has been
provided for expansion along Schaefer Road. Construction plans far all public improvements will
be submitted and approved by Public Works and Enginee~•ing prior to approval of the final plat.
Schaefer Road was not improved adjacent to Unit 1 ofthe Willow Grove Cstates as required by the
UDC. Staff missed this requirement, and is making adjustments to the process of reviewing plats
and construction drawings to prevent this from occurring in the future. After researching the issue
it is unclear where the process failed. As such the City will bear the cost of improving this section
of Schaefer Road including lighting and sidewalks.
There are two cul-de-sacs within this subdivision located in Unit 1 and Unit 3, and based on UDC,
Sec. 21.14.1 the size of a cul-de-sac street may be modified upon approval of the Fire Chief and
City Engineer. The cul~de-sac in Unit 1 located on Colonel Ridge has a ROW diameter of 11 b'
{58' radius} and a pavement diameter of 96' of pavement. In review of this Master Plan
amendment the ROW diameter of 116' (58' radius) on the cul-de-sac located. within Unit 3 has
been changed to a ROW diameter of 120' {60' radius} which will provide 100' diameter of
pavement. Public Works and Fire have determined that a ROW diameter of 120' with 100'
diameter of pavement is the minimum needed to accommodate far public utilities and fire truck
maneuverability. The allowance of the ROW diameter of 116' in Unit 1 was an oversight by staff.
Also, there is a street name that will be changed from Rainbow Glade to Blossom Bluff on the
master plan and the p-•eliminary plat.
With this master plan amendment the applicant has updated the following:
® Tl~e phasing of the subdivision.
Labeling the drainage easement located on the north side of the property.
® Realigning the street connection at Schaefer Road.
Staff recommended approval of the amended master plan.
Mr. Braud asked about the number of lots and Mr. Wellman, the applicant, answered that there was
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Planning andI.oning Commission
March 13, 2013
Page 3 of 9
one lot not included in the original master plan. This was a miscalculation on their part and has
been corrected with a total of 221 residential lots.
Mr. Richmond stated that the minimum lot size is not 6,600 square feet, but is 7,200 square feet.
Discussion followed between the Staff and the Commission. Mr. Greenwald moved to approve
this item with the condition that the street name, Blossom Bluff, is updated and all lots meet the
minimum lot dimensions. Mr. Crawford seconded the motion. Vote was 5-0. Motion carz•ied.
B. PC2013-006 Wellovv Grove, Unit 2 -Preliminary Plat
Consider and act upon a request for a preliminary plat of the Willow Grove Subdivision, Unit 2; a
22.49 acre tract out of the J. Deal D. Survey No. 79, Abstract 424, County Block 5058, Bexar
County, Schertz, Texas and is generally located 900 feet west of the intersection of Schaefer
Road and FM 1518.
Ms. Wood presented this item by stating that the applicant is proposing to preliminary plat 22.49-~
acres of land establishing b& single family residential lots with a minimum lot size of b,600 square
feet as dictated by the zoning district. The site is zoned Single Family Residential District-6 (R-6).
IVIs. Wood stated that the correct lot size should be 7,200 square feet.
The UDC, Article 14, requires 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 P'M 1518 and Schaefer Road.
The applicant is responsible for complying with Unified Development Code (UDC), Section
21.9.9, "free Preservation and Mitigation. The applicant has submitted a Tree affidavit which
indicates that protected or heritage trees will be removed from the site. A tree survey is required to
be submitted at the time of final plat.
A 2.61± acre private park is being provided for this subdivision; however, because the private park
does not meet the minimum development standards of the UDC, afee-in lieu of parkland
dedication in the amount of $1000 per dwelling unit will be paid by the Developer prior to
recording of the final plat. This application is reviewed under UDC Ordinance #11-5-15.
All public improvements required for this subdivision are required to be installed prior to recording
of the final plat, unless otherwise specified in an approved development agreement. The civil
construction plans have beea~ reviewed by the Public Works and Engineering Departments.
The applicant is responsible for all drainage associated with the subject property, and for
compliance with the Storm Water regulations. Drainage report has been reviewed and approved by
the City Engineer.
Sidewalks will be constructed along bath sides of the street throughout the subdivision and along
Schaefer Road.
All streets will be developed to City of Schertz specifications. A 7.5' street dedication has bee~~
provided for expansion along Schaefer Road. Construction plans for all public improvements will
be submitted and approved by Public Works and Engineering prior to approval of the final plat.
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Planning and Zoning Commission
March 13, 2013
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Staff has determined that it will be better to record the easements by separate instrument from the
final plat.
The proposed preliminary plat is consistent with applicable requirements for the property,
ordinances and regulations except for the minimum lot depth according to the UDC, Table
2L5.7A. Lot depth is the distance of a line connecting the midpoints of the front and rear lot lines
and it appears that Block 6, Lot 8, 14, 15; Block 2, Lat 29; Bloclc 5, Lot 1 and Block 7 Lot 2 when
measured da not meet the minimum lot depth dimensions. The UDC is specific that all lots shall
have at least the minimum area, width, and depth indicated in the dimensional requirements table.
Staff has reviewed the previously approved Unit 1 and Master Plan and it appears that both
documents were approved with lots that do not meet the minimum lot depths within the
subdivision. The applicant is malting this change by the time the Commission reviews the Final
Plat.
Staff recommended approval of the preliminary plat with the condition that all minimum lot
dimensions are met within Unit 2.
Discussion followed between the Staff and the Commission. Mr. Dahle moved to approve this
item with the condition that the street name, Blossom Bluff, is updated and that all lots meet the
minimum lot dimensions- Mr. Crawford seconded the motion. After discussion between
Commissioners, Mr, Dahle amended his motion by moving to approve this item with the carz-ection
of PC2013-006 as presented. Mr. Crawford seconded the motion. Vote was 5-0. Mation carried.
C. PC2013-009 The Reserve at Schertz, lJnit 2 -Preliminary Plat
Consider and act upon a request for approval of a preliminary plat of The Reserve at Schertz, Unit
2, a 23.487± 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 lacated
on N. Graytown Road approximately l 100 ± feet north of the iH 10. This property is currently
zoned Residential Agriculture (RA).
Ms. Waad presented this item by stating that the applicant is proposing to preliminary plat 22.541+
acres of land establishing 31 single family residential lots with a minimum lat 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 located north of IH I O 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 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 as Lazar Parkway (86' ROW) which. right-af--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 Unit 1 must be filed with the County Clerk's office.
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Ptanning and Zoning Commission
March l3, 2013
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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 far the connection to Ivy Estates which provides the second
point of access. We have already granted waivers for Unit 1 far not constructing Lazar Parkway
and the improvements on Graytown Road.
The applicant will be responsible for complying with Unified Development Code (UDC), Section
21.9.9, Tree Preservation and Mitigation. The applicant has submitted a Tree Affidavit which
indicates that there are no protected or heritage trees on the site. This leas been confirmed by
George Logan, Director of Parlcs and Community Services.
This site is serviced by Schertz water. 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, At~icle
15, Easements at~d 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 OSSI~ 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.
The applicant will 6e responsible for all drainage associated with the subject property, and for
compliance with the Storm Water Ordinance. Detention to serve this property is through Bloclc 13,
Lot 1 ~. 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 2LI3.2, Drainage and Section 21.13.3, Stormwater Management Plan of the Unified
Development Code.
Sidewalks wi11 be constructed along both sides of the streets throughout the subdivision and are
designed to meet the City of Schertz specifications. Based on the rough proportionality analysis,
the sidewalks adjacent to Lazar Parkway will be built with the construction of the futu-•e 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 ilnprovelnents or at which time the City determines appropriate.
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 4-0, Block 13)
adjacent to N. Graytown Road has been provided with this plat.
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 {S6' ROW). 13' of ROW has been dedicated to
the City of Schertz for the expansion. The property is located adjacent to future Lazar Parkway,
and 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
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Planning anti Zoning Commission
March 13, 20I3
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analysis findings that the supply provided is roughly proportionate to the 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 the City Engineer, Public Works,
Parks, Inspections, Fire and Pollee. The plat is consistent with all applicable zoning requirements,
ordinances, and regulations of the City with the waiver approval.
The applicant leas 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 Com-rtission 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 frill with
the requirements of this UDC. Based on the requirements of the 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 developer is requesting a 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
far 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, the
installation of all public improvements necessary to serve the subdivision is required before a final
plat is recorded, or the applicant can defer the obligation to install the public improvements
conditioned an 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 tl~e municipality. This provision must be considered when determining
the approval of a waiver for installation of public infrastructure for this project. The applicant is
requesting approval of a waiver regarding construction of Lazar Parkway and Graytown Road
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Fvfarch 13, 2~] 3
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based on the calculations provided 6y the applicant using the City of San Antonio's methodology.
Staff supports 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 regr.rire
improvements to either Lazar• Parkway, beyond what the developer is proposing to provide access,
or Graytown Raad creates a rough proportionality issue. Staff is r•ecornmending the waiver.
Staff recommends approval of the two waiver requests for the following reasons:
1. Rough proportionality calculations provided by the applicant support the request, and the
developer will dedicate the necessary right-of--way for both Lazar Parkway and Graytown
Road.
2. There are no existing wastewater lines in this area to serve this subdivision.
Discussion followed between the Staff and the Commission. Mr. Greenwald moved to approve
this item as presented with correct numbers from the Staff Report and with the waivers included.
Mr. Crawford seconded the motion. Vote was 5-0. Motion carried.
~. I'I'EMS F®I2 INDIVIDUAL C®NSIDERA'TI®N
A. Discussion on the creation of a Special Committee established by the Chairman.
Mr. James presented this item by stating that the By-Laws do allow for a Special Committee and
that he has discussed this item with the City Secretary and the City Attorney with the following
paints:
® At least one Commissioner must be on this working group, and if more, there camlot be a
quorum of P&Z.
® Non P&Z (public) could serve.
® Would like to post an agenda for the public and take minutes of the meeting. We would
need a committee member to draft the minutes.
o Members would need to go through Open Meetings Act Training.
® Staff will help with posting agenda.
Mr. Richmond asked Mr. Dahle to serve as chair of the committee, and to provide names of
committee members and meeting dates for discussion at the next P&Z meeting. Mr. Dahle agreed
to chair the committee.
9. RIJQUES'I'S AND ANN®UNCEMI+;N`I'S
A. Requests by Commissianers to place items on a future Planning and Zoning Agenda.
Mr. Crawford asked about the Focus Group meetings held with the Developers and
Engineers and if they were benef cial. Ms. Sanchez stated that it was very valuable to
have their input and expertise. Ms. Sanchez mentioned that she is currently working on
Article 11, Signs in the UDC and will be meeting with the Sign Contractor Focus Group
for their input.
Mr. Richmond asked about the plan for the next P&Z meeting. Mr..lames stated that at
the next meeting the Commission will have the Foundation Ordinance and Drainage
Ordinance, and look for a recommendation to take to City Council.
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PIanning and "boning Commission
Mardi 13, 2013
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