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PZ 05-08-2013 Agenda with Associated Documents• City and community events attended and to be attended • Continuing education events attended and to be attended D. Announcements by City Staff. City and community events attended and to be attended. NEW SITE PLAN APPLICATIONS: There were no site plans submitted to the Planning and Zoning Division between April 5, 2013 and May 3, 2013. CERTIFICATI ®N 1, Lesa Wood, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 3rd day of May, 2013 at 5.00 p.m., which is a place readily accessible to the public at all tithes and that said notice was posted in accordance with chapter 551, Texas Government Code. Lem W aa& Lesa Wood, Planner I certify that the attached notice and agenda of items to be considered by the schertz Planning & Zoning Commission was removed from the official bulletin board on day of , 2013. title: This facility is accessible in accordance with the Americans with Disabilities,lct, Handicapped parking spaces are available. f yorr require special assistance or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in advance of meeting. Phnning & Zoning Page 2 of 2 May 8, 2013 PLANNING AND ZONING MINUTES March 27, 2013 The Schertz Planning and Zoning Commission convened on March 27, 2013 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building 44, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice - Chairman Ken Greenwald Christian Glombik Bert Crawford, Jr. Richard Braud Michael Dahle CITY STAFF Brian James, Executive Director Development David Harris, Executive Director Support Michelle Sanchez, Director Development Services Larry Busch, Engineer in Training Lesa Wood, Planner I Patti White, Admin. Asst. Development Services COMMISSIONERS ABSENT OTHERS PRESENT L CALL TO ORDER/ROLL CALL Mr. Richmond called the meeting to order at 6:03 P.M. 0 0 0 U 6. 7. SEAT ALTERNATE TO ACT IF REQUIRED No alternates were seated. RECOGNITION /OA'T'H OF APPOINTED COMMISSIONERS — ERNEST EVANS Mr. Richmond stated that Mr. Evans had been sworn in prior to the meeting and reappointed. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. Dahle nominated Mr. Richmond as Chairman and Mr. Evans as Vice - Chairman. Mr. Greenwald seconded the motion. Vote was 5 -0 -2 with Mr. Richmond and Mr. Evans abstaining. Motion carried. HEARING OF RESIDENTS ® Steve Layton, 12231 Lost Meadows, spoke on mystery water on the Hausman property. CONSENT AGENDA A. Minutes for February 27, 2013 Regular Meeting. Mr. Crawford moved to approve the minutes. Mr. Glombik seconded the motion. Vote was 6 -0 -1 with Mr. Evans abstaining. Motion carried. PUBLIC HEARINGS: Minutes Planning and Zoning Commission March 27, 2013 Page 1 of 5 A. ZC2013 -002 FM 482 Bar & Grill (Request to be tabled) Hold a public hearing, consider and make a recommendation to City Council to Rezone approximately 2.010 + acres of land from Pre - Development district (PRE) to General Business District (GB), out of the Francisco Rodriguez Survey, No. 99, Section 2, Comal County, Schertz, Texas. The property is generally located. at the southeast corner of FM -482 and Old Nacogdoches Road. Ms. Wood stated the Staff recommends tabling this item and continuing the Public Hearing until the April 10, 2013 meeting to work with the applicant and continue to review. Mr. Richmond opened the Public Hearing at 6 :17 P.M. No one spoke. Mr. Evans moved to table this item and continue the public hearing until April 10, 2013. Mr. Dahle seconded the motion. Vote was 7 -0. Motion carried. . B. Hold a public hearing, consider and make a recommendation to City Council on an amendment to the Schertz Code of Ordinances, Part III, Unified Development Code (UDC), Article 13 Land Disturbing Activities and Drainage. Mr, James presented this item by stating that the Commission had these documents with several versions a number of times, and Staff wanted to make sure that there was better clarity in the revisions. Staff met in a public meeting with engineers and developers to gain their input on the proposed code changes to better understand if the proposed regulations and revisions to the current code correct the issues and the impact this has on the development community, Mr. James also noted that Staff will monitor this ordinance, get feedback on how it's working and will come back with adjustments. He further stated that this does not address underground water flow which will be discussed later. It clarifies the requirement to establish turf in detention ponds, and there are provisions for trickle channels which are intended to handle water flow. Mr. Busch stated that there was one change on the trickle channel for normal flow conditions. Mr. Richmond opened the Public Hearing at 6019 P.M. There being no one to speak, Mr. Richmond closed the Public Hearing at 6:20 P.M. Discussion followed between the Staff and the Commission on the following documents: Illicit Discharge and Connection Storm Water Ordinance, Construction Storm Water Management Ordinance, Ordinance for the Control of Storm Water Runoff, Flood Damage Prevention Ordinance, Article 13 Land Disturbing Activities and Drainage, and the Public Works Design Specifications Manual. Mr. James stated that Staff would make changes on the documents as discussed. Mr. Greenwald moved to pass these documents on to City Council with a recommendation to approve after Staff has made the changes. Mr. Glombik seconded the motion. Vote was 7 -0. Motion carried. C. Hold a public hearing, consider and make a recommendation to City Council on an amendment to the Schertz Code of Ordinances, Chapter 18, Buildings and Building Regulations, Article 1, General Requirements; Article II, the Building Code; and Article III, the Residential Code as it relates to contractor requirements, foundations, soil testing, retaining walls, and other related Minutes Planning and Zoning Commission March 27, 2013 Page 2 of 5 regulations. Mr. James presented this item by stating that the City Council has determined a need to revise current building codes with regard to foundation, soil and retaining wall requirements due to resident comments concerning the failure of certain residential foundations within the City. The revisions proposed are intended to ensure the proper construction of structures built in the City. It is the City's desire to protect the safety and welfare of the community through regulation of certain construction activities within the City. Staff met with several focus groups to include Homebuilders, Concrete and Geo Tech professionals, Residents and HOA groups, and Developers and Engineers to gain their input on the proposed code changes. Each group provided beneficial feedback and offered recommendations based on industry standards and experience. Staff conducted four public hearings of the Planning and Zoning Commission to receive additional public comment and to provide the Commission the opportunity to ask questions and offer recommendations. Changes proposed include: • Foundation documents shall indicate the strand and reinforcement placement, pier size, depth, location and reinforcing beam size and location and shall include design calculations. • The Design Engineer shall perform a pre pour inspection and provide confirmation of inspection and approval. • The Design Engineer shall verify concrete mix design and tensions of post tension cable designs. • Prior to issuance of a Certificate of Occupancy, the Design Engineer shall provide a letter indicating that a strength test was performed on the batch of concrete and that. the results of the strength test were consistent with the foundation design. • A Letter of Final Acceptance that the foundation has been placed in compliance with the design shall be provided by the design Engineer prior to issuance of the C of O. • The Engineer must be registered with the City. • Soil reports shall be provided on each lot with specific information regarding the location where the soil was tested, the soil bearing capacity, plasticity index and potential vertical rise. • The owner(s) of the property shall provide a letter that no cut or fill was performed subsequent to the soil test being conducted. • The owner(s) of the property shall provide a sealed certification from an engineer licensed to practice in Texas that the concrete has adequately cured to allow for framing of the first floor only. Prior to placing any additional load on the slab, the owner shall provide the same type of certification that the concrete has adequately cured to allow for any additional load above the first floor, but in no event shall any additional load be placed on the foundation less than 3 days after it is poured. • If the foundation is a post - tension foundation, certification that it was designed and constructed according the Post- Tensioning Institute's (PTI) Construction Designs shall be provided. Minutes Planning and Zoning Commission March 27, 2013 Page 3 of 5 ® Post- Tension foundations must be inspected by a PTl Inspector prior to placing a load on the slab or commencement of framing. ® Prior to issuance of a C of O, a final survey indicating the final grade elevations and verifying positive drainage away from the foundation must be submitted to the City. Retaining walls in excess of four feet (4') shall plan submittal and approval by the City Engineer along with an inspection report verifying the construction in accordance with the design plans. ® Retaining walls in excess of four feet (4') in height shall be provided with a maintenance and access easement in addition to the designated rear and side yard setbacks for the benefit of the adjacent property owner(s) and the city and to prevent any incursion into fill material. • Contractor's license registration requirements has changed to specify that a license issued by the City may only be revoked by the City due to violations of Chapter 18, or for failure to obtain permits or for failure to obtain proper inspections eliminating the provision that a license could be revoked for failure to remedy unsatisfactory work. • Staff did not include a surety bond as Cibolo has done, because after research Staff felt that it gave the homeowner a false sense of security. Mr. Richmond opened the Public Hearing at 7:22 P.M. There being no one to speak, Mr. Richmond closed the Public Hearing at 7:23 P.M. Discussion followed between the Staff and the Commission. Mr. Glombik moved to recommend this item as presented to City Council. Mr. Dahle seconded the motion. Vote was 7 -0. Motion carried. 8. REQUESTS AND ANNOUNCEMENTS A. bequests by Commissioners to place items on a future Planning and Zoning Agenda. 0 None B. Requests by Commissioners to Staff for information. a None C. Announcements by Commissioners. Mr. Dahle has set up the Water Rights subcommittee with the following members: Mr. Dahle, Mr. Crawford, Steve, Layton, George Weron - KI'W Engineers, and Clark McChesney — Vice President - Laura Heights HOA. He has scheduled their first meeting with TCEQ. Mr. Braud announced that he attended a meeting concerning the future development of a wastewater treatment plant in South Schertz with Cibolo and Schertz. Minutes Planning and Zoning Commission March 27, 2013 Page 4 of 5 • Mr. Greenwald noted that at the City Council meeting the evening before, Dr. Gibson, Superintendent of SCUCISD, handed out a flyer on the bond facts which noted the future pupil growth and school capacity. • Mr. Dahle noted that the district had purchased 182 acres for a future school site off Hackerville Road. The district also purchased 1108 acres at the corner of Old Wiederstein and Wiederstein Road, which will probably be the P high school because of the infrastructure being readily available. • Mr. Greenwald stated that he gave the Commission a copy of the article in the San Antonio Express News about a house built in 1850 and about the House Bill on trees. Also, Mr. Greenwald stated that City Council had voted final approval to purchase an old fire station in Seguin for a new office for SSLGC. • Mr. Richmond noted that emails have been sent out by Staff requesting Commissioners' attendance at the Volunteer Fair on April 25, 2011 We hope to select P &Z alternates from new volunteers who attend. D. Announcements by City Staff. ® Ms. Sanchez noted that there is a tentative joint meeting scheduled for April 9, 2013 for City Council and the Commission to review the Gateway plan, also noting that the next P &Z meeting would be April 10, 2013. ® Mr. James noted that Staff is monitoring House Bills 1858 on Trees and 1377 on capping the mitigation for trees. The meeting adjourned at 7:50 P.M. Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission March 27, 2013 Page 5 of S Recording Secretary, City of Schertz PLANNING AND ZONING MINUTES April 10, 2013 The Schertz Planning and Zoning Commission convened on April 10, 2013 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building 44, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice - Chairman Ken Greenwald Christian Glombik Bert Crawford, Jr. Michael Dahle COMMISSIONERS ABSENT Richard Braud 1. pa 3 U a ROME e. It fill I CITY STAFF Brian James, Executive Director Development Michelle Sanchez, Director Development Services Lesa. Wood, Planner I Patti White, Admin. Asst, Development Services OTHERS PRESENT Richard Campos, Nital Properties, LLC D. Scott. Dye, Dye Enterprises Mr. Richmond called the meeting to order at 6:00 P.M. SEAT ALTERNATE TO ACT IF REQUIRED No alternates were seated. HEARING OF RESIDENTS No one spoke. CONSENT AGENDA A. Minutes for March 13, 2013 Regular Meeting, Mr. Dahle moved to approve the minutes. Mr. Crawford seconded the motion, Vote was 4 -0 -1 with Mr. Evans abstaining. Motion carried. PUBLIC HEARINGS: A. ZC2013 -002 Hold a public hearing, consider and make a recommendation to City Council to rezone approximately 2.010 + acres of land from Pre - Development district (PRE) to General Business District (GB), out of the Francisco Rodriguez Survey, No. 99, Section 2, Comal County, Schertz, Texas. The property is generally located at the southeast corner of FM -482 and Old Nacogdoches Road. Ms. Wood presented this item by stating that the public hearing was published in the "The Daily Commercial Recorder" and the "Herald ". There were 7 notices mailed to surrounding property Minutes Planning and Zoning Commission April 10, 2013 Page 1 of 4 owners on March 12, 2013. Staff received one response in opposition of the proposed requested The applicant is proposing to rezone approximately 2.010± acres of land generally located on the southeast corner of FM 482 and Old Nacogdoches Road from Pre - Development District (PRE) to General Business (GB). The subject property contains 7 existing structures, several of which are dilapidated. The applicant has indicated the desire to redevelop the property into a family oriented country style bar and grill which will include a dining area, playground area for children, live entertainment and a building for private events. This item was tabled at the March 27, 2013 meeting. The Commission moved to table the item and continue the public hearing at the April 10, 2013 meeting. Ms. Wood also stated that the subject property is currently unplatted. The Future Land Use Plan (FLOP) designated the subject property for Rural Development which is defined in the Comprehensive Land Plan as areas of cultivated cropland, orchards, pasture, woodlots, wetlands, undeveloped land and sparsely populated areas that are still distinct from more urbanized areas. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services; however, the rezoning request is not consistent with the Comprehensive Land Plan as it relates to the Future Land Use Map or consistent with existing land uses in the area. The Future Land Use Map identifies the subject property as Rural Agriculture, and staff is concerned with potential negative impacts that permitted uses in the General Business District will have on surrounding properties. Staff recommends disapproval of the zoning request based on the inconsistency with the Comprehensive Land Plan as it relates to the Future Land Use Map and the potential negative impacts to surrounding properties. Mr. Dye, engineer, stated that the owner wants to use the old building facade to keep the country style with a rural setting and a family atmosphere. Mr. Campos, owner, lives about a mile and a half from this site. He is looking for a site to be used by people after work to relax, for family events, barbecues, and maybe soft guitar music, but no concerts. He asked for suggestions of alternatives that might work at this site. Mr. Richmond opened the Public Hearing at 6:16 P.M. No one spoke. Mr. Richmond closed the Public Hearing at 6.17 P.M. Discussion followed between the Staff and the Commission. Mr. Greenwald moved to deny the zoning request based on the requirements of the Comprehensive Land Plan and to forward a recommendation to City Council to deny. Mr, Glornbik seconded the motion. Vote was 6 -0. Motion carried. B. ZC2013 -003 (Withdrawn by Applicant) Hold a public hearing, consider and make a recommendation to City Council on a request to rezone approximately 2.668± acres of land. from General Business District (GB) to General Business District -2 (GB -2). The property is more specifically described as Lot 6, Block 1, Hubertus Retail as recorded in Document #200806006465, plat records, Comal County, Schertz, Texas generally located at the southwest corner of FM 1103 and 1H 35. Withdrawn by Applicant. Minutes Planning and Zoning Commission April 10, 2013 Page 2 of 4 C. SUP2013 -001 (Withdrawn by Applicant) Hold a public hearing, consider and make a recommendation to City Council on a request for a Specific Use Permit on approximately 2.668± acres of land with an associated site plan for a self- storage facility on the subject property. The property is more specifically described as Lot 6, Block 1, Hubertus Retail as recorded in Document 4200806006465, plat records, Comal County, Schertz, Texas generally located at the southwest corner of FM 1103 and IH 35. Withdrawn by Applicant. A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. • None B. Requests by Commissioners to Staff for information. ® Mr. Evans asked about the construction on FM 1518 about %2 mile south of Woman Hollering Creek on the left side. Ms. Sanchez stated that this area is a temporary staging area for the TxDOT contractor who is making improvements to the bridge over Woman Hollering Creek and will only be used until the improvements are complete, C. Announcements by Commissioners. Mr. Dahle stated that the subcommittee meeting with TCEQ was the previous week with the following attendees: Steve Ramos and Cesar Alvarado from TCEQ, Brian Sanderfer and Russell Morkovsky from LNV Engineers, and Mr. Dahle, Mr. Crawford, Steve Layton, George Weron from KFW Engineers, and Clark McChesney, Vice President of Laura. Heights HOA. TCEQ was asked if there is any value to help enforce requirements and they felt it was beneficial. The engineers suggested changing the UDC checklist regarding service water rights and TCEQ compliance. Steve Layton is researching other communities and how they have addressed this issue, and the subcommittee is looking at a meeting with the TCEQ development department for their recommendations. The subcommittee will come back to the Commission with an update. Mr. Dahle will have minutes of the meeting and they should be attached to the posting of this meeting minutes. • Mr. Greenwald stated that he attended BVYA opening ceremony and it was a very good turnout. • Mr. Richmond chaired a meeting on April 4"' of the SSLGC Impact Fee committee which approved an increase on impact fees for developers. The committee agreed to meet every 6 months to review any items. D. Announcements by City Staff. Minutes Planning and Zoning Commission April 10, 2013 Page 3 of 4 Ms. Sanchez noted that on April 20`x' is the Absolute Jazz event, on April 24`x' is the next P &Z meeting if applications are complete, and on April 25`x' is the Volunteer Fair. Also, Ms. Sanchez noted that Ernerus Baptist Emergency Hospital was issued a final Certificate of Occupancy and they will open in 2 weeks. The meeting adjourned at 6:57 P.M. Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission April 10, 2013 Page 4 of 4 Recording Secretary, City of Schertz Planning Department Recommendation X Approve as submitted Approve with conditions* Denial vvmie zne commission can impose conditions; conditions mould only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: In accordance with UDC, Sec. 21.12.10. E. 2 Extension - The Planning and Zoning Commission may extend the approval of a final plat for period not to exceed six (6) months. A final plat is not subject to reinstatement following expiration. Attachments: Exhibit Correspondence s t_7 K� f.1�• 3 T on�m�m �N F3 - ln^3 K K kll I. �c o FAiRL AWN AVENUE I I f• fvq 1 LE R.U.vf,l N30° 38'49 "W I IT - U a 111L 1,11 1111 I60.00, 1 ` I I e i v i iv 1 � Y i 1 I m a 1 1 I'I 1 Z f > Irk o i D m I A a 1 s 11 I Ik o 1 ° 1 N � V l _ i } 11 I grs"o F< Po �o n n ° mf I _ -- o -ex- �J -- EK; , j Z \,50'TEUPO"MY STREET E5MT. — a s'O "x,vs u,.9, wo•EV lsw Imso � TIMBER CREEK ONWE s - AI's, w•P: ! Em I I [w 530 °38'32 "E�597 -64' of i I € b � • 4 1 Mm~1. f OJ Im a o P - oz czu v on TUl C 3 0� a� €mA °Urvm �hu _ cc) Z zm -i mOE,"z VT`Ai ]b N-IA� EI W IE II EI II O J � ! fTl 0 m z p 1 _ o Jim °oA�m �� c: � °tnm n m N> f - n Wrn z � 7u > r m CIG O N +1 L 8 c� • of i pa Wmn,�p p � I af� II wr- ,r�7n> - �•1 ' ". 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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. TREE MITIGATION AND PRESERVATION: 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 is no protected or heritage trees on the site; which has been confirmed by George Logan, Director of Parks and Community Services. No mitigation fees will be due at the time the final plat is filed, PUBLIC IMPROVEMENTS AND SERVICES: 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. The Planning and Zoning Commission grated a waiver on March 13, 2013 which allows the developer to install on OSSF on each residential lot. 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 21.133 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 2 based on the rough proportionality 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, STAFF ANALYSIS AND RECOMMENDATION: On March 13, 2013 the Planning and Zoning Commission granted 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, beyond what the developer is proposing to provide access, or Graytown Road creates a rough proportionality issue. The Commission also granted a waiver to allow the developer to install an on site sewage facility on each residential lot because a public wastewater system is currently not installed in the area. The final plat has been reviewed under Ordinance No. 11 -S -15 with no objections by 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. Planning Department Recommendation X Approve as submitted with waiver Approve with conditions* Denial I G lair. �,Viin I abwn udi:I unpuse umaIt1ans; conuiuons snouia only De imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: In considering final action on a final plat, the Commission should consider the criteria within UDC, Section 21.12,10.D. Attachments: Aerial (Map) Rough Proportionally Analysis Waiver letters Exhibit 14. V- ': r dk ilml ill La i convenience, and welfare of those residents within The Reserve at Schertz or communities in the vicinity. (See Section 21.12.15.A.) The granting of this waiver will not be detrimental to the public health, safety, or welfare, or be injurious to other property in the area. (See Section 21.12.15.A.1.) Further, the granting of this waiver will not have the effect of preventing the orderly subdivision of other land in the area. (See Section 21.12.15.A.2.) The granting of this waiver does not constitute a violation of a valid law, ordinance, code or regulation of the City. (See Section 21.12.15.D.) In fact, the use of rough proportionality is required by the City of Schertz UDC and State law. As stated above, the granting of this wavier will not have any detrimental effect on property owners within The Reserve at Schertz, nor will it have any detrimental effect on property owners or property in the vicinity of The Reserve at Schertz or the City of Schertz as a whole. Therefore, in accordance with the UDC, the applicant respectfully requests that City staff recommend, and the Planning and Zoning Commission approve, the granting of a waiver to employ the rough proportionality methodology to determine the municipal infrastructure improvements required to be dedicated or constructed by the developer, as required by State law. Should you have any questions, please do not hesitate to contact me. Sincerely, Michael D. DeNuccio cc: Andy Rodriguez, Briones Consulting & Engineering, via electronic email Harry Hausnnan, via electronic email WINSTEAD PC I ATTORNEYS implemented OSSF and have not prevented the orderly subdivision of other lands in the area, including The Reserve at Schertz. (See Section 21.12.15.A.2.) The granting of this waiver does not constitute a violation of a valid Iaw, ordinance, code or regulation of the City. (See Section 21- 12.15.D.) This waiver is specifically permitted and called for in Section 21.15.3.E. As stated above, the granting of this wavier will not have any detrimental effect on property owners within The Reserve at Schertz, nor will it have any detrimental effect on property owners or property in the vicinity of The Reserve at Schertz or the City of Schertz as a whole. Therefore, in accordance with the UDC, the applicant respectfully requests that City staff recommend, and the Planning and Zoning Commission approve, the granting of a waiver to permit the use of OSSF within The Reserve at Schertz. Should you have any questions, please do not hesitate to contact me. Sincerely, Michael D. DeNuecio cc: Andy Rodriguez, Briones Consulting & Engineering, via electronic email Harry Hausman, via electronic email ,,.I_TT�,.- � -n,y- � -, i Yti � y. I.— a,�- -ter � w,,� --_.� �..- T -_..� .�.. -- -, ._ I _. .. ... t _ � :. ✓� i�' I j�-s.=. .�. ... -. ,. .. .., ., �. ,:a , -. �. ON - -11 11 Cowl &llU i �f a u �mm � I 3 _q M M - q LOCATION MAP NOT TO SCALE 1g NOTES I. SET 112' IRON RODS AT ALL CORNERS UNLESS OFNERIVISE NOTED 2. SELLING A PORTION OF THIS ADDITION BY METES AND BOIJND5 15 A VIOLATION DE CIF! ORDINANCES AND STATE LAW AND IS SUBJECTED TO FINES AND WITHHOLDING OF UTILITIES AND PERMITS. 3. BEARING BASIS -THE BEARINC5 5i-RAN HEREON ARE EASED Oil THE TEXAS STATE COORDINATE S TEM SOUTH CENTL,L ZONE, PAD 83. 4. THE SITE MILL BE SERVED BY PRIVATELY OWNED ON SITE SELVAGE FACTURES (OSSF). COUNTY APPROVAL WILL 6E REOUIREO FOR EAOS LOT. 5. LIINIMUM FINISHED FLOOR ELEVATION FOR RESIDENTIAL LOTS SHALL BE ELEVATED AT LEAST 1 FOOT NIGHER THAN THE CO }IPUIEC LATER SURFACE ELEVATION FOR THE 1DO YEAR ULRMATE DEJELOPMENT ROOD. 6, ALL PRI OPEN SPACE, COGGER AREAS, GREENBELTS, ACCESS EASEMENTS, WIIICCAPE BUFFERS & DRAMACE EASEMENTS, ETC ARE THE RESPONSIBILITY OF T}IE DEVELOPER OR ITS SUCCESSORS AND /OR ASSIGNS. 7. ALL THE LOTS ARE TO BE UTILITY SERVICEC FROM THE FRONT O! THE LOTS ADJACENT TO THE STREETS. B. THE TOTAL OULIBER OF bUILDARLE LOTS IS 31, 9- ACCORDING TO FLOOD INSURANCE RATE LAP, PANEL 4B629C0435 G DATED 9- 29 -10. THE RESCEVE AT SCHEB72 UNIT 2 IS LOCATED IN ZONE X AND IS 140T WITHIN THE 100 -YEAR FLODDPWN. 10. 'CLEAR %a - EASEMENT- (OEFNED AS THE AREA BETWEEN THE CLEAR VISION LINE AND THE STREET RISHT- OF-WAY }: CLEAR VISION EASEMENT MUST BE FREE OF WSUAL OBSTRUCTIONS. E.G. STRUCTURES. HALLS, FENCES, AND VEGETATION, Mlr ARE HIGHER THAN THR N FEET AND LOWER TSAN EICHT FEET ABOIC THE PAVEMENT AS PER THE A.IERICAN ASSOCIATION OF STATE HIGHWAY & TRANSPORTATION OFFICIALS (AASHTO) POLICY 011 CE(NAETRIC OPSICN OF HIGHWAYS AND STREETS, OR LATEST REVISION THEREOF. NOTE NIT — of SAN PART OF DS FLECTRIC uID GAS S TENT (CITY IS HERE6Y OEOICATED THE E45EUEEI AND RIGNL -OF -WAY FOR ELECTRIC AND C AND SERVICE F -R-FES 3N THE AREAS DESIGNATED ON THIS PLAT AS 'ELECTRIC CASEMENT, ANCHOR EASEMENT', - SERVICE EASEMD,T', 'crvERHNIG C55CMENE', AND TRA SI`.R— LASEMERT FOR THE PURPOSE OF RdsFALEfNC, COIISTRL 01 MANMIRRT., F.-NQ. IN5PEC3 . PATROLLING. AND ERECTING POLES, HANGING DARTEE, oNDURS, PIPELRIES 0R TRANEFORMEIiS. EACH WITH R5 NECESSARY AT Wait THE RIGHT OF ING"C55 AND EGRESS —1 GRARDR'S ADDRDENT W10, THE FACIURES WR}:IN I EASENEM ANO RII - OF -11AV AREAS, AND THE R1.HT 10 ALI TREES OR PARTS THEREOF, oR OTH owcER OR LF-IFIRDY OF MD UN'A ON APPURTENANCES THENI IT IS AGREED AND UN BUFLOINGS. CONCRETE SIBS. DR WALLS WILL BE PLACED WITHIN SAD E45ELCN7 CONCRETE 01 APPROACHES ARE ALLOvEO mNNl THE Frt (5) FO01 WIDE EASELIFRFS MRN LDHS ARE EEf Fb -LY k HEAR LOT — FRCROI REMIT POOF vUTHN1GS ME ALLOWED SYRHIN FIVE (5) FOOT MOE ELECTRIC AND GAS UNDER S.— ELECTRIC A:ID GAS FACILITIES ME PROPOSED OR Ek,SANO WE —V --F— MY CPS V NETARY LOSS RESULTING FROM MODIFICATIONS REONIREO OF CPS ED SAD EASEMENT DUE TO GRACE CHANCES OR CROUHD F AUDI d TERADO S 5P. PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE C—ES OR OR01 THIS PLAT ODES NOT AMEND, ALTER, REL—C OR OTHERdIISE AFFECT ANY EHISTt SPEER, DRANACE, TEtEPHONF, CA9EF FASFMENIS 0R A, PI FA5EMENF5 HOI CHANCES 70 SUCH EASEMENTS ARE DESCRIBED BELDW. 0 WIVY ESTATES a632 PAGES 31 -34, D,LP 31 30 5 \ E Am a � � LL 1 15 iL 5 CI ws.- DEVELOPERIAPPLICANT: Nopya TRIPLE H DEVELOPMENT, L. x. = DEED & PLAT RECORDS 15720 BANDERA RD., SUITE '�163 = DEED RECORDS HELOTES, TEXAS 78023 oecsM (210) 695 -5490 yAc €.G.T.TV.E. = ELECTRIC, GAS, TELEPHONE & OIVNERS: ` THE ESTATE OF BERTHA STAUDT IVILKIE: = ELECTRIC, TELEPHONE & EDIIARD MICHAEL IVILKIE CABLE T.V. EASEMENT 317 EILEEN DRIVE = BUILDING SETBACK LINE PLEASAN'TON, TEXAS 78064 = FINISHED FLOOR ELEVATION PH: (630) 200 -9363 = WARRANTY DEED TVILLIAM PAUL IVILKIE - VEHICULAR NON- ACCESS EASEMENT 331 ROSEMARY AVENUE - CLEAR VISION EASEMENT SAN ANTONIO, TEXAS 78209 PIT: (210) 415 -5996 JOHN ANTHONY STAUDT 16223 BULVERDE PT. SAN ANTONIO, TEXAS 78247 PH: (210) 495- -7243 RICHARD B. STAUDT 1108 N. CAMELOT DRIVE PAYSON, ARIZONA 85541 PH: (928) 468 -2333 CQIV SLJ LTING 6c ENL311JEEFRIfI i--rn. 8118 sAN ANTONIO, T (210)828-1 .2 SAN ANTONIO, TX 78203 (210) 828 1432 fax TBPE FIRM REG. NO. F -5028 co BL10CK...1 } pros a' aDFF R 29 AID. EILK, 11 _LAZAR _ _ PKWY._ IVY _ (E_ ��`S�. G15111i FR i4.. ST" DF TF COUNTY DE 1, THE UNDE GEORGE 02UNA, JR. CERTIFY n1A SURVEY OF LEGEND D. &P. = DEED & PLAT RECORDS D.A. = DEED RECORDS R.P.R. = REAL PROPERTY RECORDS END. I.R. = FOUND IRON ROD €.G.T.TV.E. = ELECTRIC, GAS, TELEPHONE & CABLE T.V. EASEMENT E.T.W.E. = ELECTRIC, TELEPHONE & CABLE T.V. EASEMENT B.S.L. = BUILDING SETBACK LINE F.F.E. = FINISHED FLOOR ELEVATION W.D. = WARRANTY DEED V.N.A.E. - VEHICULAR NON- ACCESS EASEMENT C.V.E. - CLEAR VISION EASEMENT 29 AID. EILK, 11 _LAZAR _ _ PKWY._ IVY _ (E_ ��`S�. G15111i FR i4.. ST" DF TF COUNTY DE 1, THE UNDE GEORGE 02UNA, JR. CERTIFY n1A SURVEY OF CITY DF SCHERT3 19 1 • CENT DQITS E3NE8 ,F_4 p0 NOTES - Dr 1- SET 1/2" [RUN R05S AT ALL CORNERS UNLESS oTHEAwlsE NOTED, HELOTES, TEXAS 78023 2. SELONC A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OE CITY CROINANI AND 5TATE LALN AND IS SuBJEGi£o To FINES ANp e U -1 / WITHHOLDING OF UTtLTIES AND PERI.IRS, J. BEARING BASIS -THE BEARINGS SHOWN RERECN ME BASED ON THE TEXAS !2O U -2 57ATE CoORCINATE 5Y510A 5611TH CENTRAL ZONE, NAD B]. q�IVY L 4. THE SITE WILL BE SERVED BY PRVATELY OWNED ON -SUE SEWAGE ESTATES G L 6 EAGILTTIF:S (0551'). GOUNiY APPROVAL WU BE REQUIRED FOR EACH LOT. L `A ME ISTR12 ` y LAURA 5, MINIMUM FINISHED FLOOR ELEVATION FOR RE51DENUAL LOTS SHALL RE ELEVATED AT LEASE I FCD7 HIGHER THAN SHE COMPUTED WATER G U -1 J EETTTES r _ �O SURFACE ELEVATION FOR THE 100 YEAR ULTIMATE DEVELOPMENT FLOOD. 6, ALL PRIVATE OPEN SPACE, COMIJOH AREAS, GREENSEL75, ACCESS EASEMENTS, PH. (830) 200 -9363 LANDSCAPE RllFFERS k DRAINAGE CASE LIENTS, ETO ARE THE 1E1PONS €23ATY HUNTER ESih TES OF THE DEVELOPER OR ITS SUCCESSORS AND/OR AESGNS. ALL THE LOTS ARE 10 HE UTILITY SEIMCEO FROM THE FRONT OF THE LOTS SITE ADJACENT TO T E SFREETS. o B. THE TOTAL NUMRER OF BUILDABLE LOTS ES 31. a CITY OF SCHERTZ S. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 4502906435 G DATED CITY UI!lTS END 9- 29 -10, THE RESERVE AT SCHERTZ UNIT 2 IS LOCATED IN ZONE % AND _ - -- IS NOT WRHIH THE 1GD -YEAR FLOMPLA€N. I.H. 1C CITY OF SAN ANTONIO CETY Li1.11T5 FINE 10, "CLEAR NIEON EASEMENT" DEFINED AS TILE AREA BETMtEN DIE CLEAR PH: (210) 495 -7243 VISION VISION EASEMENT AND THE STREET RIGHT-OF-I'fE.C. LOCATION MAP E F TRUC AND BE FREE . VISUAL E HIGHCTICNS, THREE EE FECI STRUCTURES. WALLS, FENCES, v{THE ARE HIGHER THAN THR(E FEET AND LOWER THAN AND vFEET NOT 70 SCALE ADN, EIGHT FEET ABOVE THE PAVEMENT ! PER LS AMERICAN POLICY Ai1C4 OF ER STATE H POIICY OFFICIALS (OR PAYSON, ARIZONA 85541 AYS AN RIC DAY OF HIGHWAYS IO GEOMETRIC DESIGN OF HIGHIYAYS 0.ND STREETS. OR LATEST REVISION THEREOF. LATE p 6 \ Y ^�{ P ' g GRAPMC SCALE 1 10O D 50 100 200 f I1 f { IN FEET) f 8 1 i.OlL - 100 ft. DEVELOPER /APPLICANT: 19 1 TRIPLE H DEVELOPMENT, L.L.C. 21 - 22 15720 BANDERA RD., SUITE /103 = DEED RECORDS HELOTES, TEXAS 78023 = REAL PROPERTY RECORDS (210) 695 --5490 = FOUND IRON ROD OTVNERS: = ELECTRIC, GAS, TELEPHONE & THE ESTATE OF BERTHA STAUDT 1VILICIEr CABLE T.V. EASEMENT EDWARD MICHAEL 1VILKIE ^b. 317 EILEEN DRIVE CABLE T.V. EASEMENT PLEASANTON, TEXAS 16064 a, PH. (830) 200 -9363 = FINISHED FLOOR ELEVATION WILLIAM PAUL SVILRIE 1 6 331 ROSEMARY AVF•NUE 110pn' SAN ANTONIO, TEXAS 76209 110.111` 54. Cl' 445.138' `C PH: (210) 415-5996 N23'OS'S8 F JOHN ANTHONY STAUDT 16223 BULVERDE PT. SAN ANTONIO, TEXAS 78247 PH: (210) 495 -7243 RICHARD B. STAUDT 1108 N. CAMELOT DRIVE PAYSON, ARIZONA 85541 7 PH: (928) 468 -2333 5 4 N CONSiJL_TINC3 Sc ENGI"EEFRI"C3 LTD. 8118 BROADWAY (210} 828 -1432 SCHERTZ o TaNIO, SAN ANTON30, TY. 78209 (21 O} 828 1432 fax �& TBPE FIRM REG. 140. F -5028 I NOTE THE CRY OF SAN ANTONIO AS A PART OF ITS ELECTRC MNO GAS S,STN GIY 5 HEREW DMICATED ME EASEMENTS A.VD NI - OF -wpY MR ii-1 lc No c AND S­ acILFNES IN THE AAREAS DESIGNATED DN THIS PLAT hs ELECHR EASPdENI "CEAHLNn EASEMENF ". "SERVICE GSCIA£1i f ". OVNWANG FhSCUENI AND "FORM FASENENE FOR THE PURPOSE OF INSTALUNS. CONI RAMMING, RPlOIdNG, INSPECTING, PATRDLLING, MID ERECTIIJG POLES, HMJGIN( CHILES, cOI:DORS, PIPEIJNES DR HuNSFaxMGts, EACk wIH1 Its NECESSMn aP WOry THE RICM of INGRESS AND EGRESS QvER cRaNTOR's p6IacET{T wl¢, THI FAC'LLES WHHN SOD EASCUENT AND RIGIIF -OF -WAY AREAS, AND THE RIGM TO ALL 1FEES OR PARTS THEREOF, OR DHJER GBST M70NS WwICH ENOANGER OR EFFICIENCY CF1 Ski) ONES OR APPURTENANCES THERETO. LIT IS AGREED AND OT CONCRETE CRIVEWAY APPROACHES ARE ACWTD Ef_LWITHIN THE TFVE (5) FOOT WIDE EASEMENTS WHEN LOTS ARE SERVED DULY BY REAR LOT U.10 ROUND ELECTRI Coor CYIAwwCS ARE a[ioWEO w mE (s) Fo. WIDE F,DCtkIC .. CAs UNDENCROUND ELECTRIC AND CAS PANTIES ARE PROPOSED OR EMISTIND WIT14 WIDE FASENNITS, MNN we FROM MDOIRtNA DN3 REQUIRED DF CRS ET SAID EASEMENT WE TD GRME CHANGES OR GROUND ELEVATION ALTFPAiIONE SI PERSON DR PER— DEETAED REDID -CLE FOR SAID GRACE cHUIGES M 0RC Is PIAT DoEs NOT AMEND, ALTER. RRCF E OR OTHERWISE AFFECT uIY ESIW SEWER, DRAINAGE. TELEPHONE. CABLE EASEMENTS OR AIRY OTFCR EASEMENTS FO • I40NE AFFECTED SI, 56 EG.T. WATER k DRAINAGE Esu'T. 0 A (VOL PAGE ) II- 34.880 E31 T E, LbF P-5 T Y B L K . 1 3 r �A'A° i�f BLOC K. 1 7 Ts, Z 1D' W Q A � _z m- 17 S 6 3 c.v.e - - -° . . T - IN— -- - N2]'OltE -E - � - N25'OS'5CE IVY J A()E - I _I10_OD____ _11 PD______- _- !!4 °P�_._ _ _ JTC,CZ_______ i8 19 1 20 1 21 - 22 P.R. = DEED RECORDS R.P.R. = REAL PROPERTY RECORDS END. I.R. = FOUND IRON ROD NOTE THE CRY OF SAN ANTONIO AS A PART OF ITS ELECTRC MNO GAS S,STN GIY 5 HEREW DMICATED ME EASEMENTS A.VD NI - OF -wpY MR ii-1 lc No c AND S­ acILFNES IN THE AAREAS DESIGNATED DN THIS PLAT hs ELECHR EASPdENI "CEAHLNn EASEMENF ". "SERVICE GSCIA£1i f ". OVNWANG FhSCUENI AND "FORM FASENENE FOR THE PURPOSE OF INSTALUNS. CONI RAMMING, RPlOIdNG, INSPECTING, PATRDLLING, MID ERECTIIJG POLES, HMJGIN( CHILES, cOI:DORS, PIPEIJNES DR HuNSFaxMGts, EACk wIH1 Its NECESSMn aP WOry THE RICM of INGRESS AND EGRESS QvER cRaNTOR's p6IacET{T wl¢, THI FAC'LLES WHHN SOD EASCUENT AND RIGIIF -OF -WAY AREAS, AND THE RIGM TO ALL 1FEES OR PARTS THEREOF, OR DHJER GBST M70NS WwICH ENOANGER OR EFFICIENCY CF1 Ski) ONES OR APPURTENANCES THERETO. LIT IS AGREED AND OT CONCRETE CRIVEWAY APPROACHES ARE ACWTD Ef_LWITHIN THE TFVE (5) FOOT WIDE EASEMENTS WHEN LOTS ARE SERVED DULY BY REAR LOT U.10 ROUND ELECTRI Coor CYIAwwCS ARE a[ioWEO w mE (s) Fo. WIDE F,DCtkIC .. CAs UNDENCROUND ELECTRIC AND CAS PANTIES ARE PROPOSED OR EMISTIND WIT14 WIDE FASENNITS, MNN we FROM MDOIRtNA DN3 REQUIRED DF CRS ET SAID EASEMENT WE TD GRME CHANGES OR GROUND ELEVATION ALTFPAiIONE SI PERSON DR PER— DEETAED REDID -CLE FOR SAID GRACE cHUIGES M 0RC Is PIAT DoEs NOT AMEND, ALTER. RRCF E OR OTHERWISE AFFECT uIY ESIW SEWER, DRAINAGE. TELEPHONE. CABLE EASEMENTS OR AIRY OTFCR EASEMENTS FO • I40NE AFFECTED SI, 56 EG.T. WATER k DRAINAGE Esu'T. 0 A (VOL PAGE ) II- 34.880 E31 T E, LbF P-5 T Y B L K . 1 3 r �A'A° i�f BLOC K. 1 7 Ts, Z 1D' W Q A � _z m- 17 S 6 3 c.v.e - - -° . . T - IN— -- - N2]'OltE -E - � - N25'OS'5CE IVY J A()E - I _I10_OD____ _11 PD______- _- !!4 °P�_._ _ _ JTC,CZ_______ i8 19 1 20 1 21 - 22 P.R. = DEED RECORDS R.P.R. = REAL PROPERTY RECORDS END. I.R. = FOUND IRON ROD E.G.T.W.E. = ELECTRIC, GAS, TELEPHONE & CABLE T.V. EASEMENT E.T.TV.E. ^b. CABLE T.V. EASEMENT B.S.L. a, F.F.E. = FINISHED FLOOR ELEVATION B L 0 C 1 6 61.ns' 110pn' Ill. 110.111` 54. Cl' 445.138' `C N23'OS'S8 F U Q 7 6 5 4 N THE RESERVE AT UNIT I SCHERTZ o VNN A E O-CE TR IPLEGR DEVCL T572O OANDERA RD ' PNENT, LLC. A MIT P03 Q A A HELOTES, "T BASE RATE L RR23 <Ar 1 I A A i OF 7 fF * Prl COUNTY OD STATE OF ROLANDO H. BRIONES, JR.� I, THE uNE HEREBY CE y��o• •. 0/8143 �O •: �L�o4 fOCANSti�GQ�� '�' •' �`v 1 �'•. STATE OF' COUNFY OF I. THE NNE GEORGE OZIiNA, JR. . CERTIFY TH .. . ....... ...... ... ..... - '•,-o. 2625 �„ sumrEY OF LEGEND D. &P. = DEED & PLAT RECORDS P.R. = DEED RECORDS R.P.R. = REAL PROPERTY RECORDS END. I.R. = FOUND IRON ROD E.G.T.W.E. = ELECTRIC, GAS, TELEPHONE & CABLE T.V. EASEMENT E.T.TV.E. = ELECTRIC, TELEPHONE & CABLE T.V. EASEMENT B.S.L. = BUILDING SETBACK LINE F.F.E. = FINISHED FLOOR ELEVATION W.V. = WARRANTY DEEP V.N.A.E. - VEHICULAR NON - ACCESS EASELIENT C.V.E. - CLEAR VISION EASEMENT OF 7 fF * Prl COUNTY OD STATE OF ROLANDO H. BRIONES, JR.� I, THE uNE HEREBY CE y��o• •. 0/8143 �O •: �L�o4 fOCANSti�GQ�� '�' •' �`v 1 �'•. STATE OF' COUNFY OF I. THE NNE GEORGE OZIiNA, JR. . CERTIFY TH .. . ....... ...... ... ..... - '•,-o. 2625 �„ sumrEY OF