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PZ 04-09-2014PLANNING AND ZONING MINUTES April 9, 2014 The Schertz Planning and Zoning Commission convened on April 9, 2014 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice - Chairman Ken Greenwald Bert Crawford, Jr. Richard Braud Christian Glombik William Rumfelt, Alternate Yolanda Suarez, Alternate COMMISSIONERS ABSENT Michael Dahle 1. CALL TO ORDER/ROLL CALL CITY STAFF Brian James, Executive Director Development Michelle Sanchez, Director Development Services Lesa Wood, Senior Planner Bryce Cox, Planner I Charles Zech, City Attorney Patti White, Executive Asst. Development OTHERS PRESENT John Keck, La Salle Partners Marls Hill, Ford Engineering David Earl, Earl and Associates Andy Rodriquez, Briones Engineering Mr. Richmond called the meeting to order at 6:00 P.M. 2. SEAT ALTERNATE TO ACT IF REQUIRED Mr. Richmond seated Ms. Suarez as a voting member for Mr. Dahle. Mr. Rumfelt left the meeting. 3. HEARING OF RESIDENTS • Clark McChesney, 7018 Hallie Heights, spoke on concerns including drainage, on -site sewage and rough proportionality. • Tom Manacapilli, 7030 Hallie Heights, spoke on water runoff and waiver. • Sharon Manacapilli, 7030 Hallie Heights, spoke on septic. • Don Byrd, 7036 Hallie Heights, spoke on runoff and waivers. • Maggie Titterington, 10217 Ivy Horn, spoke on being against the waivers, public health and septic. 4. CONSENT AGENDA A. Minutes for March 12, 2014 Regular Meeting Mr. Crawford moved to approve the minutes as submitted. Mr. Greenwald seconded the motion. Vote was 7 -0. Motion carried. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Minutes Planning and Zoning Commission April 9, 2014 Page 1 of 6 A. PC2014 -016 Consider and act upon a request for approval of a preliminary plat of Cypress Point Subdivision Unit 3, an approximately 23 acre tract of land situated in the C.M. Gahagan Jr. Survey No. 258, Abstract No. 142, City of Schertz, Guadalupe County and Abstract No. 182, City of Schertz, Comal County, Texas and located southwest of the intersection of Eckhardt Road and Froboese Lane. Mr. Cox presented this item by stating that the Master Plan was amended and approved by the Planning and Zoning Commission on February 12, 2014. The applicant is proposing to preliminary plat approximately 23 acres of land establishing 83 single family residential lots, two (2) drainage lots, and one (1) landscape lot. The zoning for Unit 3 is Single Family Residential District -6 (R -6) with a minimum lot size of 7,200 square feet. Side yard setbacks are established at seven and one half feet (7.5'). This development is designed to have two (2) points of access via Unit 2 through Kingswood Street and Froboese Lane which will be constructed with Unit 2 and Eckhardt Road. Staff recommends approval of the preliminary plat. Mr. Evans asked how deep is the drainage easement on Lot 12. Mr. Hill stated that pond is about 5' deep. Mr. Braud asked where does the water go after it leaves the detention pond. Mr. Hill stated that the detention reduces to what the existing flows are and goes to the future Parklands development which will accept the water in an existing natural low. Mr. Brand asked about the note for NBU on the map that states that each tract is subject to a floating guide wire easement and the dimensions will be determined by the utility, can you explain. Mr. Hill stated that this is the note that NBU provided to place on the plat; a floating guide wire is an anchor wire that comes off any pole, and is placed in a floating easement in someone's yard. Mr. Braud stated that he is concerned that the homeowner knows about this note on their plat. Mr. Hill stated that the rule is that NBU puts it along the lot line, and there is a chance to review when the construction plans are brought in for approval. Mr. Evans asked if the electricity is above or below ground. Mr. Cox stated that the service is underground, and the poles will be along the collectors as necessary to provide service to the area. Mr. Crawford asked if guide wires is something for Staff to look into. Mr. Cox stated that it can be brought forward as the construction plans are received. Mr. Richmond stated that the Commission would like further clarification before the final plat. Mr. James stated that we could invite NBU to come to a meeting and explain the process to the Commission and place that on the agenda. Discussion followed between Staff, the Applicant and the Commission. Mr. Greenwald moved to approve this item as presented. Mr. Glombik seconded the motion. Vote was 7 -0. Motion carried. B. Waiver A — On -Site Sewage Facility associated with PC2013 -050 Consider and act upon a request for approval of a waiver regarding on -site sewage facilities for proposed single family residential lots identified on the master plan of The Reserve at Schertz II, an approximately 103 acre tract of land situated in the Stacy B. Lewis Survey No. 317, Abstract No. 443 and the Antonio Zamora Survey No. 36, Abstract No. 82, City of Schertz, Bexar County, Texas and located on Boenig Drive approximately 200 feet northeast of the Laura Heights. Ms. Wood presented this item by stating that the applicant is proposing to develop The Reserve at Minutes Planning and Zoning Commission April 9, 2014 Page 2 of 6 Schertz II with approximately 103 acres zoned Residential Agriculture (RA) and approximately 0.5 acres zoned General Business (GB). The subdivision is proposed to develop in four (4) phases with 121 single family residential lots the smallest of which is 0.53 acres, just over the minimum lot size, and one (1) commercial lot. The applicant is seeking approval of a waiver to install an on -site sewage facility (OSSF) at the Reserve at Schertz II Subdivision. Staff recommends denial of the waiver request because SARA has indicated that they cannot serve the development "at this time." The applicant has up to two years to submit and have approved a Preliminary Plat, and a further two years to submit and have approved a Final Plat. Staff recommends the Planning and Zoning Commission not grant the waiver at this time in light of the number of persons who will reside in the proposed subdivision and its impact on public health, safety, convenience, and welfare in the vicinity; specifically, the convenience for future residents of having a public sewer system in light of the fact that the residential lots are as small as 0.53 acres. Further, granting the waiver can have an effect of preventing the orderly development of other subdivisions in the area. In the letter from the applicant's attorney dated November 15, 2013, the attorney indicates that "the only option to gravity serve the development at this time would cost over $8,000,000 due to the need to build off -site facilities." This comment illustrates Staff s concerns that granting waivers to provide required infrastructure prematurely can have an effect of preventing orderly development of other subdivisions that might need to tie onto that infrastructure. In light of the caveat that SARA cannot serve at this time which implies that this is due to additional segments being constructed and development interest in the area, staff feels the waiver is more appropriately considered at time of plat consideration. David Earl, representing the Applicant, asked to address some of the comments from residents in other subdivisions adjoining this one. He stated that the idea of a Master Plan is a planning instrument to provide information early on what is being planned. Mr. Earl also stated that one of the issues raised was about sewer systems to serve their homes to eliminate septic systems, back when there subdivision was built. There were waivers requested to put septic systems in their lots and the waivers were granted because there was no sewer available at the time. Mr. Earl handed out the Master Plan checklist to the Commission, and the last checked box indicates a letter was received from SARA stating no sewer was available at that time so septic must be used. Mr. Earl stated that there is some confusion, because it seems that by granting this waiver you are requiring septic for everything; however, you will be reviewing this on a plat by plat basis if sewer is available. Mr. Earl stated that he is requesting that the waiver language note be added to the Master Plan. Mr. Zech stated that this is not what the prior attorney told Staff, and requested a note be on the master plan that a waiver will be requested at each preliminary plat stage from the City's requirements that the proposed subdivision be served by a public wastewater system. Mr. Earl agreed. Mr. Zech stated that based on this change, a motion to table this request could be done and then when the Master Plan comes up, the notes will be changed. Discussion followed between Staff, the Applicant, City Attorney and the Commission. Minutes Planning and Zoning Commission April 9, 2014 Page 3 of 6 David Earl stated in light of the discussion that he was requesting to withdraw the waiver. C. Waiver B — Rough Proportionality on roadway construction associated with PC2013 -050 Consider and act upon a request for approval of a waiver regarding Rough Proportionality on roadway construction related to the proposed master plan of The Reserve at Schertz II, an approximately 103 acre tract of land situated in the Stacy B. Lewis Survey No. 317, Abstract No. 443 and the Antonio Zamora Survey No. 36, Abstract No. 82, City of Schertz, Bexar County, Texas and located on Boenig Drive approximately 200 feet northeast of the Laura Heights. Ms. Wood presented this item by stating that the applicant is proposing to develop The Reserve at Schertz Il with approximately 103 acres zoned Residential Agriculture (RA) and approximately 0.5 acres zoned General Business (GB). The subdivision is proposed to develop in four (4) phases with 121 single family residential lots and one (1) commercial lot. The applicant is seeking approval of a waiver, pursuant to Section 21.12.15, from Section 21.4.15.E.1 regarding the construction of public infrastructure at the Reserve at Schertz II Subdivision. The proposed subdivision is located adjacent to Graytown Road, Boeing Drive and the proposed Lazar Parkway. The applicant is proposing to provide variable width ROW dedication along Boenig Drive adjacent to the subject property. The variable width dedication includes 10' ROW dedication along the majority of Boenig Drive with the exception of the curve areas along Boenig Drive where the dedication varies. In order to determine if the required improvements are roughly proportional, Staff and the applicant agreed to utilize the City of San Antonio's methodology for evaluating rough proportionality. Staff has requested that the applicant provide additional information related to the design of the intersection at Lazar Parkway and Largoza Avenue. Staff is requesting to review the design of the intersection to ensure that the proposed intersection will tie into the future construction of Lazar Parkway. Without that information, the section of road cannot be considered to be a portion of Lazar Parkway as it might have to be removed given grade issues of the rest of Lazar Parkway. The applicant even extended the street name of Largoza Parkway across (on both sides of Lazar Parkway), further supporting the case that the applicant is proposing to not construct any of Lazar Parkway. Additional design information provided with the plat application will assist in staff's determination and recommendation on rough proportionality request for this intersection at the time of platting. Staff recommends denial of the waiver request because the improvements to serve the subdivision are reviewed with the civil construction plans at the time of platting to assure that the division or development of land subject to the plat is consistent with all standards of the UDC pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made, that all other requirement and conditions have been satisfied or provided for to allow the plat to be recorded. This will allow staff to determine if the applicant is proposing to construct Largoza Parkway to provide needed access to all phases of development that will have to be removed in order to construct Lazar Parkway or if they are constructing a section of Lazar Parkway that will be extended in the future, and finally in light of the error in the rough proportionality letter, by excluding the commercial tract from the calculations requested by staff to evaluate rough proportionality. Mr. Earl stated that he is not sure why Staff is asking to deny this waiver as his client is complying with a rough proportionality analysis on this Master Plan, and his client agreed to build drainage Minutes Planning and Zoning Commission April 9, 2014 Page 4 of 6 and build the intersection to the ultimate design standards. The Applicant asks for approval of this waiver. Discussion followed between Staff, the Applicant, City Attorney and the Commission. Mr. Zech stated a note could be changed to state that upon the development of Unit 2, the Developer will build the intersection indicated on the Master Plan to the ultimate design of Lazar Parkway at the time of platting. David Earl stated if this note is on the Master Plan, then he was requesting to withdraw the waiver. D. PC2013 -050 The Reserve at Schertz II — Master Plan Consider and act upon a request for approval of a master plan of The Reserve at Schertz II, an approximately 103 acre tract of land situated in the Stacy B. Lewis Survey No. 317, Abstract No. 443 and the Antonio Zamora Survey No. 36, Abstract No. 82, City of Schertz, Bexar County, Texas and located on Boenig Drive approximately 200 feet west of the street Laura Heights. Ms. Wood presented this item by stating that the applicant is proposing to develop The Reserve at Schertz Il with approximately 103 acres zoned Residential Agriculture (RA) and approximately 0.5 acres zoned General Business (GB). The subdivision is proposed to develop in four (4) phases with 121 single family residential lots and one (1) commercial lot. The proposed plan indicates that each residential lot will develop as a single family lot with 25' building setbacks on all sides as dictated by the zoning district. Each residential lot meets the minimum required lot size of 21,780 square foot. The subject property is currently undeveloped and is located on Boenig Drive approximate 200 feet west of street Laura Heights adjacent to the Laura Heights Estates subdivision. Discussion followed between Staff, the Applicant and the Commission.' Mr. Greenwald moved to approve this item as stated by the City Attorney with deleting the 3 notes (7, 8, and 9) proposed by the Applicant, and adding the 2 new notes (7 and 8) as read into the record by the City Attorney with Note: A waiver will be requested at each preliminary platting stage from the City's requirements that the proposed subdivision be served by a public wastewater system, and the Note for Master Plan: Upon the development of Unit 2 the Developer will build the intersection indicated on the Master Plan to the ultimate design of Lazar Parkway at the time of platting. Mr. Glombik seconded the motion. Vote was 7 -0. Motion carried. 6. REQUESTS AND ANNOUNCEMENTS A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. Minutes Planning and Zoning Commission April 9, 2014 Page 5 of 6 • Mr. Crawford asked if NBU can come and talk to the Commission. Mr. James stated that Staff will come back with information. • Mr. Richmond asked for on -site sewer with SAWS and SARA issues to be placed on a future agenda. • Mr. Braud asked if possible to discuss floating guide wire easements and future homeowners. Mr. James stated that this item will be at the next meeting with appropriate posting. • Ms. Suarez asked for cost information for OSSF to be placed on an agenda. B. Requests by Commissioners to Staff for information. • Mr. Braud asked what is the difference between agenda items 6A and 6B. Mr. James stated that one could be an official topic that is discussed because it is posted for discussion, and we can't discuss items that are not posted. • Mr. Zech stated you have to ask a question for it to be placed on an agenda for discussion to conform with the Open Meetings Act. C. Announcements by Commissioners. • Mr. Greenwald stated that Mr. Walter Schertz passed away and the service is Friday. D. Announcements by City Staff. • Ms. Sanchez stated that April 10th is the volunteer fair starting at 5:30pm. • Ms. Sanchez stated that the next Focus Group meeting is April 16th at 6pm in the Civic Center. ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 8:02 P.M. f� p Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission April 9, 2014 Page 6 of 6 Recording Secretary, City of Schertz