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PZ 04-22-2015PLANNING AND ZONING MINUTES April 22, 2015 A Special Joint Meeting was held by the Planning and Zoning Commission on April 22, 2015 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 Michael Dahle COMMISSIONERS ABSENT Christian Glombik ECONOMIC DEVELOPMENT CORPORATION MEMBERS PRESENT: Tim Brown, President CITY STAFF John Kessel, City Manager Brian James, Executive Director Development Michelle Sanchez, Director Development Services Gil Durant, Chief Building Inspector Patti White, Executive Asst. Development OTHERS PRESENT Shelly Coleman, Director, Guadalupe County Environmental Health TRAFFIC SAFETY ADVISORY COMMISSION MEMBERS PRESENT: Stephen Bish, Chair John Cook Mark Davis Richard Dziewit Larry Franklin Phillip Rowland Mr. Richmond stated that the Special Joint Meeting agenda would be deferred until the Lone Star Rail visitors arrive and he moved onto the Regular Planning and Zoning Commission Meeting. 1. Call to Order of the Regular Planning and Zoning Commission Meeting. Mr. Richmond called the Regular Planning and Zoning meeting to order at 5:56 P.M. 2. HEARING OF RESIDENTS • No one spoke. 3. Presentation and discussion on the septic permit process. Mr. James stated that the Commission asked for a presentation on septic systems, and he contacted both Bexar and Guadalupe County. The Bexar County person is on vacation, but the Guadalupe County representative is here to give a brief overview of the septic process. Mr. James introduced Shelly Coleman, Director of Guadalupe County Environmental Health. Ms. Coleman stated that Guadalupe County Environmental Health regulates septic installs, and there are two main types of septic systems: 1) coriventional and 2) anaerobic. She also stated that a person has to have their site evaluated, and then the property owner comes into the office with Minutes Special Joint Meeting April 22, 2015 Page 1 of 7 the evaluation report and applies for a permit. The Inspector then goes out and checks the site, all regulations and approves the permit. The Installer calls and schedules the install. With an anaerobic septic system, the homeowner has a 2 year contract with a maintenance provider who is obligated to check the system and report back to the County and the homeowner. If there is a problem, the homeowner has 10 days to get the system's problems corrected. Guadalupe County also decided to have the property owner keep the maintenance contract longer than 2 years or be trained on servicing their own system. In addition to a new system permit, there also is a repair and replace permit. Mr. Greenwald asked how they determine the size of the tanks. Ms. Coleman stated that there is a table determining the tank size and drain field based on the number of bedrooms and square footage of the structure. Mr. Crawford asked if their County inspectors are the only ones who do the inspections. Ms. Coleman answered yes. Mr. Dahle asked what is the distance separation from a well. Ms. Coleman stated that it's 100 ft. from wells and 50 ft. from other septic systems. Discussion continued between Ms. Coleman and the Commission. 4. Consider and act upon the April 8, 2015 Regular Meeting Minutes. Mr. Dahle stated that there is one correction to the minutes: on page 3 regarding Announcements by Commissioners clarifying that the Mayor's Task Force morphed into a Bond Committee. Mr. Greenwald moved to approve this item with the correction as presented. Mr. Crawford seconded the motion. Vote was 6 -0. Motion carried. 5. WORKSHOP / DISCUSSION A. Public Hearing and discussion related to the adoption of the 2012 International Building Code and Amendments. Ms. Sanchez stated that this discussion was to bring the Commission up to date on the adoption of the 2012 ICC Building Codes and Amendments. Ms. Sanchez and Mr. Durant discussed the following points: • Project Overview Summary • Adoption of the 2012 ICC Codes is necessary because we are currently working under a code that is nine years out of date, and new industry standards have been developed to ensure public health and life safety. • ISO (Insurance Service Office Inc) visited the City in March, 2014 to conduct a Building Code Effectiveness Grading Schedule. ISO learned that the Building Inspections Division was operating under the 2006 ICC Codes which falls below their minimum standards of operating within five years of a current nationally recognized published code. • Adopt amendments to the codes based on compatibility goals associated with JBSA — Joint Base San Antonio (Randolph AFB) such as Sound Attenuation standards. • Formally adopt State mandated codes, 2014 National Electrical Code and the 2009 International Energy Conservation Code. • Schertz Current Codes • International Building Code (IBC) 2006 • International Gas Code (IGC) 2006 • International Mechanical Code (IMC) 2006 • International Plumbing Code (IPC) 2006 Minutes Special Joint Meeting April 22, 2015 Page 2 of 7 • International Property Maintenance Code (IPMC) 2006 • International Existing Buildings Code (IEBC) 2006 • International Fire Code (IFC) 2006 • National Electrical Code (2014) — *State Mandated (9 -2014) • International Energy Conservation Code (2009) — *State Mandated (1 -2014) Code Comparison — Benchmark Cities and Surrounding Cities • New Braunfels — 2006 International Codes; 2005 NEC; 2004 IECC • San Marcos — 2009 International Codes; 2008 NEC; 2009 IECC • Temple — 2009 International Codes; 2008 NEC; 2009 IECC • Georgetown — 2012 International Codes; 2014 NEC; 2000 IECC • Pflugerville — 2012 International Codes; 2011 NEC; 2012 IECC • Cibolo — 2015 International Codes; 2015 Unified Plumbing Code; 2011 NEC • Selma — 2006 International Codes; 2005 NEC • Live Oak — 2012 International Codes; 2011 NEC • Universal City — 2012 International Codes; 2014 NEC • Converse — 2009 International Codes; 2014 NEC • San Antonio — 2012 International Codes; 2011 NEC Codes Proposed for Adoption • International Building Code (IBC) 2012 • International Gas Code (IGC) 2012 • International Mechanical Code (IMC) 2012 • International Plumbing Code (IPC) 2012 • International Property Maintenance Code (IPMC) 2012 • International Existing Buildings Code (IEBC) 2012 • Public Swimming Pool and Spa Code 2012 • National Electrical Code (2014) *State Mandated • International Energy Conservation Code (2009) *State Mandated • International Fire Code (IFC) 2012 will be adopted by separate ordinance Summary of Amendments Proposed • Foundation Requirements - adopted in April 2013 will be forwarded to the 2012 IBC and IRC. • Design Professional — adopted in November 2000 requires an architect or engineer to seal plans for most commercial occupancies and all single family residential property regardless of size. Proposed amendment is to exempt residential remodels or additions with the exception of the foundation. • IBC Permit Exemptions — no permit for replacement fences, siding or residential accessory structures less than 120 square feet unless located within a flood hazard area • IBC - restriction on portable generators for permanent residential use • IBC Sound Transmission — interior construction standards to mitigate air traffic (RAFB) • NEC 2014 - add kitchen branch circuit requirements; and require an exterior service disconnect for fire safety • IPC - require port-o -lets every 500 feet at construction sites • IPC - prohibit cellular core pipe below grade • IPMC - add definition to identify non - compliance of accessory structures that are out of vertical alignment • Backflow and Cross - Connection — establish a location for residential and commercial irrigation devices • Public Input Process Minutes Special Joint Meeting April 22, 2015 Page 3 of 7 • Schertz Chamber Round Table — April 2, 2015 • Published Draft Ordinance on Website — April 10, 2015 • City Council Workshop - April 14, 2014 • Construction Industry Meetings — April 16 and June 12, 2015* • Planning and Zoning Commission — April 22 and June 24, 2015 • Economic Development Corp — April 23, 2015 • City Council — Public Hearing, Presentation of Amendments, 1 st Reading — July 7, 2015 • City Council, 2nd Reading— July 21, 2015* * Revised Dates Mr. Richmond opened the Public Hearing at 6:36 P.M. There being no one to speak, Mr. Richmond closed the Public Hearing at 6:37 P.M. Mr. Crawford asked if 14 gauge wire on the electrical is acceptable. Mr. Durant stated yes installed by code. Mr. Evans asked if we are proposing a new circuit breaker called an isolation breaker like San Antonio does. Mr. Durant stated that it is a state law. Mr. Richmond stated that he has a concern about no permitting for replacement fences, siding or residential accessory structures less than 120 square feet unless located within a flood hazard area. He has found that permits for even the smallest things benefit the homeowner and the City because quality is what we want. Ms. Sanchez stated that homeowners may replace fences, and there has been some push back because they are replacing like for like and the permit fee is for the inspection. If City Council accepts this as an exemption an Inspection could still be done. Ms. Sanchez stated that plastic sheds are being purchased, and the 2009 Building Code has an exemption for 120 square feet and the 2012 has an exemption for 200 square feet. We went back to the 120 square feet for this item which could allow Staff to be more flexible. Mr. Richmond stated that by taking this out of the permit process he sees problems and is concerned. Discussion continued between Staff and the Commission. Mr. Richmond stated that the Regular Meeting of the Planning and Zoning Commission meeting would be suspended at 7:07 P.M. 1. Call to Order — Special Joint Meeting (Planning and Zoning Commission, Economic Development Corporation and Traffic Safety Advisory Commission). Chairman Richmond called the Special Joint Meeting to order at 7:08 P.M. Chairman Bish called the Special Joint Meeting to order at 7:09 P.M. President Brown called the Special Joint Meeting to order at 7:09 P.M. 2. Public Hearing, discussion and update on the Lone Star Rail Funding Agreement. Joe Black, Rail Director for the Lone Star Rail District and Joe Lessard, Senior Planning Director with Knudson, LP working with Lone Star Rail, both gave a presentation including the following points: • Lone Star Regional Rail — Strategic Considerations o Lone Star Rail District o Community & Economic Development Minutes Special Joint Meeting April 22, 2015 Page 4 of 7 • LSTAR Local Funding • Next Steps How Does the LSRRP Effort Fill a Central Texas Need? • LSTAR is Regional rail - hybrid of commuter & intercity rail ■ Originally 16 stations at full service (up to 24 with split stations service) ■ 32 round trips a day at full service ■ 118 miles of passenger rail; San Antonio north to Georgetown • Urban Freight Rail Bypass ■ 30+ through freight trains per day rerouted to Urban Freight Rail Bypass ■ 80+ miles of new freight rail line from Seguin to Taylor ■ 40+ miles of improved freight rail line from San Antonio to Seguin Economic Development • Induces new development and redevelopment • Can attract diverse types of high value development (TOD or TAD) • Focuses development within /near activity destinations for walkable neighborhoods • Links regional employment centers & anchors investment /property values • Retains competitive advantage in region and nationally Community Development • Part of a broad vision for community & aligns with community plans /goals • Reinforces community identity /brand as "connected to region" • Reduces growth in traffic congestion • Relocates most freight trains • Safety and aids in air quality attainment Proposed San Antonio Area LSTAR Stations • New Braunfels Downtown • Schertz TOD Area • Loop 1604 • San Antonio International Airport • Downtown San Antonio/UTSA • Port San Antonio • City South/ Texas A &M San Antonio Funding Approach o Local funding established through interlocal agreement ■ Transportation Infrastructure Zone (TIZ) around each LSTAR station ■ Funding approach is focused on supporting rail service O &M • Funding is from new growth ■ Portion of growth revenues from within TIZ ■ No impact on current City revenues ■ Funding primarily from rail induced station area growth • No guarantee of funding levels • No City or County debt • No added tax or fee on station area properties • No tax increase on station area properties or City residents Status of LSTAR Local Funding • San Marcos agreement Dec. 2013 • Austin agreement Dec. 2013 • ACC Board agreement Dec. 2014 • Buda economic impact study Apr. 2015 Minutes Special Joint Meeting April 22, 2015 Page 5 of 7 • Georgetown agreement May -July 2015 • Kyle consider agreement May -July 2015 • New Braunfels consider agreement May -July 2015 • Schertz consider agreement May- July2015 • San Antonio B- Session June 2015 • San Antonio Agreement Oct. -Nov. 2015 Mr. James stated that the Staff is looking at a funding source as the increase of the ad valorem tax going to Lone Star. The City would keep all the sales tax, and the City would have to buy the property to get water, sewer and roads to the property, as well as maintain the operations for the facility. Mr. Dahle left the meeting at 7:46 P.M. Mr. Richmond opened the Public Hearing at 8:07 P.M. • Mr. Brockman, 1000 Elbel Road, spoke on how many years the City will continue to pay $50,000 a year to fund this. Mr. Black stated that by Board Policy City representatives voted to pay $49,000 a year for administrative and legislative costs. Once the rail is up and running, this cost will drop. Mr. Brown stated that this is the 2nd 5 year agreement. Mr. Dziewit asked about sales and property tax, and if all freight will move to the east side will that be taken into account. Mr. James stated that the City is only allowed to designate the property tax up to the percentage of the ad valorem, and the City keeps all the sales tax. Mr. Lessard stated that we look at the demand of the rail system and balance the delivery and allocate ridership. Mr. Richmond closed the Public Hearing at 8:19 P.M. Mr. Dziewit left the meeting at 8:30 P.M. Discussion continued between Staff, Mr. Black, Mr. Lessard, Planning and Zoning Commission, TSAC and EDC. Mr. Evans left the meeting at 8:46 P.M. 4. Adjournment of the Special Joint Meeting. Chairman Richmond adjourned the Special Joint Meeting at 8:50 P.M. Chairman Bish adjourned the Special Joint Meeting at 8:50 P.M. President Brown adjourned the Special Joint Meeting at 8:50 P.M. Chairman Richmond called for a five minute recess before resuming the Planning and Zoning meeting. Mr. Richmond resumed the Planning and Zoning meeting at 9:00 P.M. 5. B. Discussion related to the Fiscal Year 2015 — 2016 Planning Budget. Minutes Special Joint Meeting April 22, 2015 Page 6 of 7 7. Mr. James and Ms. Sanchez gave an update on the budget to support the Commission with regard to training /travel and would ask for your suggestions. Mr. James stated that he talked to Lesa Wood about planning software which was approved, and Staff is still working on the best software application. What is really needed, however, is additional staff because the development activity has picked up in the City. Last year Planning asked for another person and it didn't make the cut so Staff is asking for 1 or 2 planners this year again. Mr. Crawford asked how many permits were platted in the last six months. Mr. James stated that we could pull that. Mr. Crawford said that he didn't want to task Staff, but could look at the list from the last year. Mr. Richmond stated that he couldn't remember when we had more than 2 planners in the department and would ask for not one, but two planners because of the growth of the City. Mr. James stated that the City Manager values planning and Staff has done a really good job with keeping up. Mr. Braud stated that he agreed with Mr. Richmond to ask for 2. Mr. Richmond stated that broad City plans like the Comprehensive Land Use Plan and the Unified Development Code require constant revision, and generate a workload over and above the day to day requirements of the Development Department. REQUESTS AND ANNOUNCEMENTS A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. • None. B. Announcements by Commissioners. Mr. Greenwald stated that there will be a tour of the facilities at SSLGC for 4/29 and 5/7. If you are interested, send an email to Regina Franke at SSLGC regarding the date you want to attend and there will be a car pool to the plants, along with visiting the well sites including lunch. C. Announcements by City Staff. • Ms. Sanchez stated that this Friday from 3:00 P.M. to 6:00 P.M. is the Grand Opening of the Dog Park. Mr. James stated that Staff has received a site plan for a retail center for the site next to Bush's Chicken. The applicant has paid about $90K for tree preservation, and you will see that they are removing trees. Mr. James stated that at the City Council meeting the previous night, Mr. Fowler asked if could add a requirement to the Fairhaven requirement to require a survey on the level of the foundation. ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 9:20 P.M. r Chairman, Planning and Zoning Commission Minutes Special Joint Meeting April 22, 2015 Page 7 of 7 Recording Secretary, City of Schertz