Loading...
PZ 08-12-2015 AGENDA (Special Joint Meeting) with associated documentsSPECIAL JOINT MEETING AGENDA .Milli' i i 11 i i " DMA N 911 w11015• i IN 1 i COMMISSION AND REGULAR MEETING AGENDA SCHERTZ PLANNING & ZONING COMMISSION HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1.400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City_ of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team 1. CALL TO ORDER — SPECIAL JOINT MEETING (PLANNING AND ZONING COMMISSION, ECONOMIC DEVELOPMENT CORPORATION AND TRAFFIC SAFETY ADVISORY COMMISSION). Call to order by each governing body. 2. Public hearing, discussion and update on the Lone Star Rail funding agreement. 3. ADJOURNMENT OF THE SPECIAL JOINT MEETING 1. CALL TO ORDER OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING. 2. ELECTION OF CHAIRMAN AND VICE CHAIRMAN 3. HEARING OF RESIDENTS This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill out the Speaker's registerprior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Planning & "Zoning August 12, 2015 Page 1 of 3 4. CONSENT AGENDA: A. Minutes for the July 8, 2015 regular meeting B. Minutes for the July 22, 2015 regular meeting. 5. PUBLIC HEARING: The Planning and Zoning Commission will hold a public hearing related to zone change requests and replats within this agenda. The public hearing will be opened to receive a report from staff, the applicant, the adjoining property owners affected by the applicant's request, and any other interested persons. Upon completion, the public hearing will be closed. The Commission will discuss and consider the application, and may request additional information from staff or the applicant, if required. After deliberation, the Commission is asked to consider and act upon the following requests and make a recommendation to the City Council if necessary. A. ZC2015 -003 Hold a public hearing, consider and make a recommendation to City Council on a request to rezone 13183 1H -1.0 East, approximately 35 acres of land, from Predevelopment District (PRE) to General Business District (GB). B. ZC2015 -004 Hold a public hearing, consider and make a recommendation to City Council on A request to rezone 807 Main Street, approximately 0.25 acres of land, from Single - Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU). 6. WORKSHOP /DISCUSSION: A. Presentation and discussion on requirements to build a single family home on a large tract of land. 7. REQUESTS AND ANNOUNCEMENTS: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. B. Announcements by Commissioners. • City and community events attended and to be attended • Continuing education events attended and to be attended C. Announcements by City Staff. • City and community events attended and to be attended. • NEW SITE PLAN APPLICATIONS: No site plans were submitted to the Planning and Zoning Department between July 20, 2015 and August 7, 2015. 8. ADJOURNMENT OF THE REGULAR MEETING Planning & Zoning August 12, 2015 Page 2 of 3 CERTIFICATION I, Bryce Cox, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 7t' day of August, 2015 at 5:00 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551, Texas Government Code. Bvycel Caw Bryce Cox, 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 , 2015. title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If `you 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. The Planning and Zoning Commission for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. Planning & Zoning August 12, 2015 Page 3 of 3 PLANNING AND ZONING MINUTES July 8, 2015 A Regular Meeting was held by the Planning and Zoning Commission on July 8, 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. Christian Glombik Michael Dahle COMMISSIONERS ABSENT Richard Braud Mr. Richmond called the 2. ELECTION OF CHAIRMAN AN Mr. Richmond suggested to defer t seated. Mr. Dahle motioned to de seconded the motion. Vote was 6-0. 3. HEARING OF • None. 4. CONSENT AGENT A. Minutes for the P Mr. Crawford motioned tc the motion. Vote was 4 -0- PUBLIC CITY STAFF Brian James, Executive Director Development Michelle Sanchez, Permit Expeditor Gil Durant, Chief Building Official Lesa Wood, Senior Planner Bryce Cox, Planner I Patti White,; Executive Asst. Development Stokinger, Tomsu Stokinger Engineering order at 6: a full Commission is in attendance and etine for the election. Mr. Greenwald Meeting. ve the consent agenda as presented. Mr. Greenwald seconded Mr. Glombik and Mr. Dahle abstaining. Motion carried. A. Hold a Public Hearing, consider and make a recommendation on an Amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 9 Sec. 21.9.5 Exterior Construction and Design Standards. Mr. Cox presented this item by stating that a Public Hearing and workshop discussion was held at the June 10, 2015 Planning and Zoning Commission Meeting. Commissioner Evans requested a change in Sec.21.9.5.17.2.B in regards to the percentage of required materials in multifamily developments to "100% of the front facade and a total of 80% of the entire building shall be finished in one or more of the following materials: Brick, Stone, Faux Brick or Stone, Tile." The Minutes P &Z Meeting July 8, 2015 Page 1 of 8 Commission requested photograph examples of material percentages. The Commission also requested a definition of cementatious fiberboard. At the Public Hearing and workshop discussion held at the June 22, 2015 Planning and Zoning Commission meeting, Staff presented photograph examples of material percentages on multifamily buildings. Staff replaced cementatious fiberboard with the industry standard term fiber cement siding and provided a definition from the 2012 . International Building Code. Planning Staff drafted this amendment based on the recommendations and input from the Design Standards Focus Group. The revised design standards have been organized based on the intended use of the building. There are five building use categories; Industrial, Commercial, Office/Public, Multi- Family, and Single- Family Residential. This allows for specific standards to be appropriately applied to different building types. Staff recommends that the Commission forward this amendment to the Unified Development Code (UDC), ,Sec.21.9.5 — Exterior Construction and Design Standards to City Council with a recommendation to approve. Mr. Cox stated that the City Attorney is City is allowed to regulate and Staff will Mr. Richmond opened the Public Hearing at There being no one to speak, Mr. Crawford opened a discussion rel company. Mr. Cox stated that he did was information on the MDSD sheets percentage of co. rig solar panel questions and state laws on what the once they receive that information. closed the Public Hearing at 6:09 P.M. g hardiplank materials stating he called the hardiplank up materials on the web site for hardiplank, and there 1 were more safetv oriented than about the material or Mr. Greenwald motioned to forward a recommendation of approval to City Council. Mr. Crawford seconded. Vote was 6 -0. Motion carried. .d a public hearing, consider and make a recommendation to City Council on eating Part II, Schertz Code of Ordinances, Chapter 18, Buildings and Building ,ulations and adapting the revised Schertz Code of Ordinances, Chapter 18, Building Ms. Sanchez and Mr. Durant gave a presentation with the following points: • Project Overview Statement • 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. They 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. Minutes P &Z Meeting July 8, 2015 Page 2 of 8 • Schertz Current Codes • International Building Code (IBC) 2006 • International Residential Code for One and Two Family Dwellings (IRC) 2006 • International Gas Code (IGC) 2006 • International Mechanical Code (IMC) 2006 • International Plumbing Code (IPC) 2006 • 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 — 2015 International Codes; 2014 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 — 2012 International Codes; 2014 NEC • Live Oak — 2015 International Codes; 2014 NEC • Universal City — 2012 International Codes; 2014 NEC • Converse — 2009 International Codes; 2014 NEC • San Antonio — 2015 International Codes; 2014 NEC • Codes Proposed for Adoption • International Building ,Code (IBC) 2012 • International Residential Code for One and Two Family Dwellings (IRC) 2012 • International Fuel Gas Code (IFGC) 2012 • International Mechanical Code (IMC) 2012 • International Plumbing Code (IPC) 2012 •' International Property Maintenance Code (IPMC) 2012 •' International Existing Buildings Code (IEBC) 2012 • International Swimming Pool and Spa Code (ISPSC) 2012 •' International Energy Conservation Code (2009) *State Mandated • National Electrical Code (2014) *State Mandated • Manual: of Cross Connection Control — 10th Edition • International Fire Code (IFC) 2012 will be adopted by separate ordinance • Summary of Amendments Proposed • Pg 2 — In General • Reinstate' scheduling of inspections • Reinstate contractor registration requirements; change general liability requirements to comply with state law • Pg 8 — Board of Appeals • Repealing all sections referencing Board of Appeals or Means of Appeal throughout International codes and defining the Board of Appeals as established by the Unified Development Code, Article 3. • A title was established for each International code adopted to read that these regulations shall be known as the [specific code] of the City of Schertz, Texas hereinafter referred to as "this code ". Minutes P &Z Meeting July 8, 2015 Page 3 of 8 • Pg 9 - International Building Code (IBC) • Exemption to permit requirements • Residential one-story detached accessory structures less than 120 square feet unless located within a flood hazard area; and unless there is a foundation proposed, a flatwork permit is required. • Replacement fences, siding and arbors unless located within a flood hazard area or if a foundation is proposed, a flatwork permit is required. • Pg 10 - Defined replacement fence • Pg 12 — IBC • 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. • Pg 16 - IBC • Sound Transmission Standards for High Noise Areas - interior construction standards to mitigate air traffic noise (RAFB) • Pg 21 — International One and Two Family Dwelling Code (IRC) • Exemption to permit requirements • Residential one-story detached accessory structures less than 120 square feet unless located within a flood hazard area; and unless there is a foundation proposed, a flatwork permit is required. • Replacement fences, siding and arbors unless located within a flood hazard area or if a foundation is proposed, a flatwork permit is required. • Pg 24 0 to exempt residential remodels or additions with lation. • Authority to Disconnect Service Utility • Restriction on portable generators for permanent residential use • Exception: during emergency situations when authorized • Pg 25 — IRC 0 Defined Residential Arbors • Pg 29 — IRC • Sound Transmission Standards for High Noise Areas - interior construction standards to mitigate air traffic noise (RAFB) • Pg 33 — National Electrical Code (NEC) 2014 • Add kitchen branch circuit requirements • Require an exterior service disconnect for fire safety • Pg 33 — International Fuel Gas Code (IFGC) • Only amendment is to title, means of appeal and adoption of Appendices • Pg 34 - International Mechanical Code (IMC) • Only amendment is to title and means of appeal • Pg 35 — International Plumbing Code (IPC) • Require port-o-lets every 500 feet at construction sites • Prohibit cellular core pipe below grade for sewer service Minutes P&Z Meeting July 8, 2015 Page 4 of 8 • Pg 36 – International Property Maintenance Code (IPMC) • Identified maximum weeds and grass height to 8 inches • Add clarification to Accessory Structures to identify non - compliance of accessory structures that are out of vertical alignment • Pg 36 – International Energy Conservation Code (IECC) • Only amendment is to the title and board of appeals • Pg 37 – Manual of Cross - Connection Control • Irrigation Backflow Device Location - establishes a location for residential and commercial irrigation devices • Pg 38 - International Swimming Pool and Spa Code (ISPSC) • Only amendment is to the title, means of appeal and adoption of appendices • Pg 39 - International Existing Building Code (IEBC) • Only amendment is to the title and board of appeals • Summary of Public Input Process • Schertz Chamber Round Table – April 2, 2015 • Posted 1st Draft Ordinance on Website -April 10, 2015; 2nd draft on May 29, 2015; final draft on July 6, 2015. • City Council Workshop - April 14, 2014 • Construction Industry Meetings – April 16 and June 19, 2015. Draft Ordinances were sent to contractors as well. • Planning and Zoning Commission – April 22 and July 8, 2015 • Economic Development Corp - April 23, 2015 • City Council – Public Hearing, Presentation of Amendments, I st Reading – July 28, 2015* • City Council, 2nd Reading August 4, 2015* • Proposed effective date – October 1, 2015* The City Council has determined a need to revise current building codes with regard to sanitation, fire, building, plumbing, mechanical, fuel /gas and electrical requirements. The revisions proposed are intended to ensure the proper construction of structures built in the City and to follow compliance with the requirements of the Insurance Service Office Inc. It is the City's desire to protect the safety and welfare of the community through regulation of certain construction activities within the City. Development Services staff' met with several focus groups that included Homebuilders, Electricians, Plumbers, ,Mechanical Contractors, the Economic Development Corporation, the Schertz Chamber,f Residents and HOA groups to gain their input on the proposed code changes. The proposed changes were also posted on the Schertz Website for comment since March 2015. Only three comments were received as of June 1.9, 2015. . Each group provided beneficial feedback and offered recommendations based on industry standards and experience. Staff conducted a public hearing at the Planning and Zoning Commission meeting on April 22, 2015. Two contractor meetings were held on April 16 and June 1.9, 2015 to receive additional public comment and to provide the opportunity to ask questions and offer recommendations. Revisions and clarifications to the proposed ordinance resulted from the focus group and the Planning and Zoning Commission meetings. Minutes P &Z Meeting July 8, 2015 Page 5 of 8 Although there is no requirement within the Building Code or the Unified Development Code for the Planning and Zoning Commission to review the proposed building code changes or offer a recommendation, it is the desire of the City Council that the Commission examine the proposed changes and offer a recommendation. Staff recommends that Ordinance 1.5 -C -20 amending Chapter 18, Buildings and Building Regulations be approved as presented by staff. Mr. Richmond opened the Public Hearing at 6:28 P.M. • James Leonard, Greater San Antonio Builders Ass4 Antonio, TX, spoke on a request to delay passing the more weeks for review with the building department. • Greg Asvestas, MLAW Engineers, 3625 Paesano l several issues such as increased cost and requested at • Rick Bowman, MLAW Engineers, 7804 Longhort requesting a delay and the design engineer on the job Mr. Richmond closed the Public Hearing at 6:40 P.M. Ms. Sanchez stated that the 72 hours already adopted. Ms. Sanchez stat Sanchez stated that the Certificate residential. Ms. Sanchez stated that plan reviews, as the applicant alre foundation requirements which were architects, and builders were adopted Discussion ion, 3625 Paesano Parkway, San because GSABA needs a couple y, San Antonio, TX, spoke on lion for review. ., San Antonio, TX, spoke on hold if the inspection fails is an existing code requirement and ed that there are typo's and corrections will be made. Ms. of Occupancy requirements are different for commercial and there is no additional expense to the applicant for 3rd party ady pays for one plan review. Ms. Sanchez stated that the presented to P &Z, City Council along with Focus Groups of in 2013. and the up and schedule a meeting with Mr. Dahle motioned to to seconded the motion. Vot+ 6. ITEMS FOR INDIVIDU. WE e this item tonight, and the ordinance could be have issues to discuss. until the next meeting on July 22, 2015. Mr. Crawford )tion carried. A. Waiver — On -site Sewage Facility associated with PC2015 -017 Consider and act upon a request for approval of a waiver regarding an on -site sewage facility for Block 1, Lot 1, of the Texas Curb Cut Subdivision, an approximately 5 acre tract of land located at 7705 FM 482. Mr. Cox presented this item by stating that the Applicant is proposing to develop approximately 5 acres of land into one (1) commercial lot. The applicant is seeking approval of a waiver to install a privately owned On -Site Sewage Facility (OSSF). The subject property is located at 7705 FM 482 and is currently developed with two (2) residential structures which share an existing septic system. Minutes P &Z Meeting July 8, 2015 Page 6 of 8 The applicant is seeking approval of a waiver to install a privately owned On -Site Sewage Facility (OSSF) which is regulated by Comal County. The site is located within the City of Schertz Certificate of Convenience and Necessity (CCN). The applicant is requesting a waiver to the required connection to a public waste water system to allow a privately owned on -site sewage facility of the lengthy distance to the nearest sewer line and costs associated with building and connecting to that line. The closest sewer connection to the subject property will be at the intersection of Abbey Road and FM 482. This segment of sewer line is currently under construction with the Town Creek sewer extension project. The estimated completion date for the Town Creek sewer project is September 2015. The subject property sewer line would require to be extended approximately 3,400 feet along FM 482 to reach the subject property. The Project Engineer estimates that it will cost $324,595.00 to extend the sewer line from its current location to the subject property. This extension would include the installation of seven (7) manholes. A 1.6' sewer easement is located along the front of the property to allow for future extension of sewer services. The granting of this waiver will not have a negative impact on existing or proposed municipal infrastructure or future public sewer connections to surrounding properties. This waiver request has been reviewed with no objections by Public Works, Engineering and Planning Departments. Staff recommends approval of the waiver based on the distance to the sewer connection. Mr. Greenwald asked if this is for 2 houses hooking up to 1 septic. Mr. Stokinger, representing the Applicant, stated that this is for 2 houses and 2 septics. Mr. Evans asked if they are replacing one. Mr. Stokinger stated that they are anticipating adding a new building for their business, and the new septic would meet the requirement. Mr. Cox stated that this waiver is to allow sewer through . the platting process and in this case is for septic. Mr. Greenwald motioned to approve this waiver as presented. Mr. Glombik seconded the motion. Vote was 6 -0. , Motion carried. B. PC2015 -017 Consider and act upon a request for approval of a preliminary plat of the Texas Curb Cut 'Subdivision, an approximately 5 acre tract of land situated in the Rafael Garza Survey Nor. 98, Abstract No. 175, City of Schertz, Comal County, Texas located at 7705 FM 482. Mr. Cox presented this item by stating that the Applicant is proposing to preliminary plat an approximately 5 acre tract of land establishing one (1) commercial lot. The site is zoned Manufacturing- Light (M -1). The subject property is located at 7705 FM 482 and is currently developed with two (2) residential structures and an existing septic system. Access to this subdivision is proposed along FM 482. TxDOT has reviewed the access and provided comments to align the driveway with Pig Alley across FM 482 which is reflected on the plat. TxDOT is still reviewing the plat for drainage and a no objection letter from TxDOT will be provided with the final plat application. The applicant has submitted a tree affidavit which indicates that this site contains protected or heritage trees; however, no trees will be damaged or removed. A tree survey will be reviewed by the Parks and Community Services department with the final plat. The site is serviced by Scbertz Minutes P &Z Meeting July 8, 2015 Page 7 of 8 VA 9. water, CPS, AT &T, and Time Warner Cable. This site is serviced through an existing 8" water line that extends along the front of the property. The subject property is not currently serviced by a public wastewater system. The applicant is requesting a waiver to allow the subject property to be served by an On -site sewage facility (OSSF). A sixteen foot (16') sewer easement is provided along the front of the property with this plat. A preliminary drainage report has been reviewed and approved by the City Engineer. Sidewalks are required along FM 482 for the length of the subdivision and will be designed to meet the City of Schertz specifications. The subject property is located adjacent to FM 482 which is identified on the Master Thoroughfare Plan as a principal arterial roadway (120 foot Right -of -Way). A thirty (30) foot wide right -of -way dedication along FM 482 has been shown on the plat for expansion of the roadway. The preliminary plat has been reviewed with no of Inspections, Fire and Police. The plat is c ordinances, and regulations. Staff recommends Mr. Crawford asked if the plat has 35 ft. easement and a 16 ft. sewer easement. Ms. property line, and the scale of the 14 ft. and Greenwald asked if it is Green Valley water. the property indicating Green Valley water. Mr. Crawford motioned to was 6 -0. Motion carried. REQUESTS ions by the City Engineer, Public Works, Parks, stent with all applicable zoning requirements, roval of the preliminary plat. tion for road expansion, and a 1.4 ft. electrical stated that the road dedication begins at the new easements would be corrected at final plat. Mr. ;tokinger stated that there is a sign at the front of !sented. Mr. Dahle seconded the motion. Vote A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. by City had a good parade on Saturday for the Jubilee with it C. Announcements by City Staff. • Ms. Wood stinted that the next couple of meetings would include Building Codes and Fire Codes Amendments, and on August 12th there would be a joint meeting on the Master Thoroughfare Plan. The meeting adjourned at 7:27 P.M. Chairman, Planning and Zoning Commission Minutes P &Z Meeting July 8, 2015 Page 8 of 8 Recording Secretary, City of Schertz PLANNING AND ZONING MINUTES July 22, 2015 A Regular Meeting was held by the Planning and Zoning Commission on July 22, 2015 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION Ernie Evans, Vice - Chairman Ken Greenwald Bert Crawford, Jr. Richard Brand Christian Glombik Michael Dahle COMMISSIONERS ABSENT David Richmond, Chairman 1. 2. 3. 4. 5. CALL TO ORDER/ROLL Mr. Evans called the meeting to ELECTION OF Mr. Evans stated that the election. 11 CITY STAFF Brian James, Executive Director Development Michelle Sanchez, Permit Expeditor Gil Durant, Chief Building Official Lesa Wood, Senior Planner Bryce Cox, Planner I David Covineton, Fire Chief John Perry, Patti White, .M. CE 2015 Regular Meeting. Asst. Development was together to have the B. PC2015 -014 , Consider and act upon a request for approval of a final plat of Riata Unit 5C, an approximately 9 acre tract of land situated in the Rafael Garza Survey, Abstract No. 138 and Abstract No. 175, City of Schertz, Guadalupe and Comal Counties, Texas, generally located 750 feet south east of the intersection of Fairlawn Avenue and IH -35. Mr. Crawford motioned to approve the consent agenda as presented. Mr. Dahle seconded the motion. Vote was 6 -0. Motion carried. PUBLIC HEARING A. Hold a public hearing, consider and make a recommendation to City Council to the Schertz Code of Ordinances, Chapter 18, Buildings and Building Regulations, by Minutes P &Z Meeting July 22, 2015 Page 1 of 8 repealing existing International Codes and adopting new International Codes and adopting the revised Schertz Code of Ordinance, Chapter 18, Building and Building Regulations. Ms. Sanchez and Mr. Durant gave a presentation with the following points: • Project Overview Statement • 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 where they 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 Residential Code for One and Two Family Dwellings (IRC) 2006 • International Gas Code (IGC) 2006 • International Mechanical Code (IMC) 2006 • International Plumbing Code (IPC) 2006 • Tntornatinnal PYn"Prt[T A4 ;ntananra C nA, (TPAR''1 ')()()F, • international txrstTng tsuTlamgs l.,oae �ihBu) /-uue • 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 — 2015 International Codes; 2014 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 — 2012 International Codes; 2014 NEC • Live Oak - 2015 :International Codes; 2014 NEC • Universal City - 2012 International Codes; 2014 NEC • Converse — 2009` International Codes; 2014 NEC • San Antonio — 2015 International Codes; 2014 NEC • Codes Proposed for Adoption • International Building Code (IBC) 2012 • International Residential Code for One and Two Family Dwellings (IRC) 2012 • International Fuel Gas Code (IFGC) 2012 • International Mechanical Code (IMC) 2012 • International Plumbing Code (IPC) 2012 • International Property Maintenance Code (IPMC) 2012 • International Existing Buildings Code (IEBC) 2012 . Minutes P &Z Meeting July 22, 2015 Page 2 of 8 • International Swimming Pool and Spa Code (ISPSC) 2012 • International Energy Conservation Code (2009) *State Mandated • National Electrical Code (2014) *State Mandated • Manual of Cross Connection Control —10th Edition • International Fire Code (IFC) 2012 will be adopted by separate ordinance • Summary of Amendments Proposed • Pg 2 — In General • Reinstate scheduling of inspections • Reinstate contractor registration requirements; change general liability requirements to comply with state law • Pg 8 — Board of Appeals • Repealing all sections referencing Board of Appeals or Means of Appeal throughout International codes and defining the Board of Appeals as established by the Unified Development Code, Article 3. • A title was established for each ,International 'code adopted to read that these regulations shall be known as the [specific code] of the City of Schertz, Texas hereinafter referred to as "this code ". • Pg 9 - International Building Code (IBC). • Exemption to permit requirements • Residential one -story detached accessory structures less than 120 square feet unless located within a flood hazard area; and unless there is a foundation proposed, a flatwork permit is required. • Replacement fences, siding and arbors unless located within a flood hazard area or if a foundation is proposed, a flatwork permit is required. • Pg 10 - Defined replacement fence • Pg 12 — IBC • 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. • Pg 16 - IBC • Sound Transmission Standards for High Noise Areas - interior construction standards to mitigate air traffic noise (RAFB) • Pg 21— International One and Two Family Dwelling Code (IRC) • Exemption to permit requirements • Residential one -story detached accessory structures less than 120 square feet unless located within a flood hazard area; and unless there is a foundation proposed, a flatwork permit is required. • Replacement fences, siding and arbors unless located within a flood hazard area or if a foundation is proposed, a flatwork permit is required. • Defined replacement fence • Pg 24 — IRC • Design Professional • Proposed amendment is to exempt residential remodels or additions with the exception of the foundation. • Pg25 —IRC • Authority to Disconnect Service Utility Minutes P &Z Meeting July 22, 2015 Page 3 of 8 • Restriction on portable generators for permanent residential use • Exception: during emergency situations when authorized Pg 25 — IRC • Defined Residential Arbors Pg 29 — IRC • Sound Transmission Standards for High standards to mitigate air traffic noise (RAFB) Pg 33 — National Electrical Code (NEC) 2014 • Add kitchen branch circuit requirements • Require an exterior service disconnect for fire Pg 33 — International Fuel Gas Code (IFGC) • Only amendment is to title, means of appeal Pg 34 - International Mechanical Code (IMC) • Only amendment is to title and means of app( Pg 35 — International Plumbing Code (IPC) F Noise Areas - interior construction adoption of Appendices • Require port -o -lets every 500 feet at construction sites • Prohibit cellular core pipe below grade for sewer service Pg 36 — International Property Maintenance Code (IPMC) • Identified maximum weeds and grass height to 8 inches • Add clarification. to Accessory Structures to identify non - compliance of accessory structures that are out of vertical alignment Pg 36 — International Energy Conservation Code (IBCC) • Only amendment is to the title and board of appeals Pg 37 — Manual of Cross - Connection Control • Irrigation Backflow Device Location - establishes a location for residential and • Pg 38 - International Swimming Pool and Spa Code (ISPSC) • Only amendment is to the title, means of appeal and adoption of appendices • Pg 39 - International Existing Building Code (IEBC) Only amendment is to the title and board of appeals Summary of Public Input Process • Schertz Chamber Round Table — April 2, 2015 • Posted 1st Draft Ordinance on Website — April 10, 2015; 2nd draft on May 29, 2015; final draft on July 6, 2015. • City Council Workshop - April 14, 2014 • Construction Industry Meetings — April 16 and June 19, 2015. Draft Ordinances were sent to contractors as well • Planning and Zoning Commission — April 22 and July 8, 2015 • Economic Development Corp — April 23, 2015 • City Council — Public Hearing, Presentation of Amendments, I st Reading — July 28, 2015* • City Council, 2nd Reading — August 4, 2015* • Proposed effective date — October 1, 2015* * Revised Dates The City Council has determined a need to revise current building codes with regard to sanitation, fire, building, plumbing, mechanical, fuel/gas and electrical requirements. The revisions proposed are intended to ensure the proper construction of structures built in the City and to follow compliance with the requirements of the Insurance Service Office Inc. It is the City's desire to Minutes P &Z Meeting July 22, 2015 Page 4 of 8 protect the safety and welfare of the community through regulation of certain construction activities within the City. Development Services staff met with several focus groups that included Homebuilders, Electricians, Plumbers, Mechanical Contractors, the Economic Development Corporation, the Schertz Chamber, Residents and HOA groups to gain their input on the proposed code changes. The proposed changes were also posted on the Schertz Website for comment since March 2015. Only three comments were received as of June 19, 2015. Each group provided beneficial feedback and offered recommendations based on industry standards and experience. Staff conducted a public hearing at the Planning and Zoning Commission meeting on April 22, 2015. Two contractor meetings were held on April 16 and June 19, 2015 to receive additional public comment and to provide the opportunity to ask questions and offer recommendations. Revisions and clarifications to the proposed ordinance resulted from the focus group and the Planning and Zoning Commission meetings. Building code adoption and amendments i • Adoption of the following codes: • National Electrical Code 2014 (m� • International Energy Conservation • International Building Code (IBC) • International Residential Code for • International Fuel Gas Code (IFG( • International Mechanical Code (I1\ • International Plumbing Code (IPC • International Property Maintenanc • Tnternntinnnl Fui_etinv RnildincrQ C • Manual of Cross Connection ( • International Swimming Pool • Establish Sound Attenuation',; • Exempt residential remodel square 1 within a by the State) 2009 (mandated ) 2012 C) 2012 2012 12 2012 de 2012 (ISPSC) requested by Joint Base San Antonio. itions from the requirement to use Design . and accessory structures less than 120 is proposed or the property is located • Amend the International Plumbing Code to require port-o -lets every 500 feet at construction sites; prohibit the use of cellular core Drain Waste Vent pipe below grade. • Amend the International Property Maintenance Code to identify non - compliance of accessory structures that are out of vertical alignment. • Establish locations for residential and commercial irrigation backflow and cross- connection devices. • Amend the National Electric Code to limit the number of duplex receptacles on certain circuits; require a main service disconnecting means on the exterior of a building. • Reinstate contractor registration and insurance requirements according to state law. • Reinstate inspection scheduling requirements. Although there is no requirement within the Building Code or the Unified Development Code for the Planning and Zoning Commission to review the proposed building code changes or offer a recommendation, it is the desire of the City Council that the Commission examine the proposed changes and offer a recommendation. Minutes P &Z Meeting July 22, 2015 Page 5 of 8 Staff recommends that Ordinance 15 -C -20 amending Chapter 18, Buildings and Building Regulations be approved as presented by staff. Mr. Evans opened the Public Hearing at 6:21 P.M: • James Leonard, Greater San Antonio Builders Association (GSABA), 3625 Paesano Parkway, San Antonio, TX spoke on meetings with staff as a resource, revenue report and personnel. • Liz Richter, D.R. Horton, 3562 Paesano Parkway, spoke on plan review time and consistency. • Chris Jurgens, VP of Operations D.R. Horton, 3562 Paesano Parkway, spoke on design engineers and prepour. • Jay McJunkin, 3562 Paesano Parkway, spoke on the plan size requirement of 24 x 36. • Tim Pruski, GSABA and Bella Vista Homes, 3562 Paesano Parkway, spoke on sound attenuation. • Greg Asvestas, MLAW Engineers, 3625 Paesano Parkway, San Antonio, TX spoke on submittal documents. • Rick Bowman, MLAW Engineers, 3625 Paesano Parkway, San Antonio, TX spoke on foundation requirements. • Clayton Morris, 24906 Roosevelt Court, Tomball, TX spoke on engineers on site and stiffer foundations. • Amir Shekarchi, SA Engineering Company, 12719 Spectrum Drive, San Antonio, TX spoke on engineers on site. • Joe Leos, D.R. Horton deferred his time to James Leonard, GSABA, spoke on engineering • Matt Cosgrove, planting trees on Mr. Evans closed ivir. -vans siatea nai in it get better quality construct that we discussed these: z challenges we faced was should, but it did not hapx our objective to get better some restrictions. Mr. Glc asked about the recommer construction standard to be orth at 7:24 spoke on building a house and st we discussed laying out specific standards such as stiffer pads to and if this is mandated, is that an option. Mr. James stated yes, and ements because they do impose an increased cost. One of the the engineer designed the foundation to the soils to perform as it We still are open to discussions because at the end of the day it is ity homes for the homeowners, and we may come back to modify c stated that he would rather see a consensus from Staff. Mr. Dahle >n to take out the sound attenuation. Mr. James stated that this is a ed in the building code. Discussion continued between Staff and the Commission. Mr. Dahle motioned to forward this item to City Council with a recommendation to approve. Mr. Crawford seconded the motion. Vote was 5 -1 with Mr. Braud voting nay. Motion carried. B. hold a public hearing, consider and make a recommendation to City Council on an amendment to the Schertz Code of Ordinances, Chapter 30, Fire Prevention and Protection, by amending existing International Codes and adopting new International Codes. Minutes P &Z Meeting July 22, 2015 Page 6 of 8 Mr. Perry and Mr. Covington gave a presentation with the following points: • Purpose • Purpose of the International Fire Code is for construction and occupancy safety. • The IFC sets a minimum for safety standards in commercial and multi- family occupancy. • The IFC covers life safety for both the occupants and responders. • There has not been an amended fire code in the City of Schertz since the adoption of the IFC 2006. • That is a 9 year time frame. There were a number of changes over that period of time • Many of the proposed amendments are modeled after the City of San Antonio's Fire Code Ordinance. o By doing this we will not be introducing unfamiliar codes to the area. • By making these amendments we will also be codifying any unwritten or vague standing rules. • Added Codes and Chapter • The IFC 2012 has added the requirements for expanded radio coverage in new construction as well as requirements for existing buildings. • The IFC 2012 also contains a chapter' on existing buildings. • Amendments • The main portion of the changes were additions and modifications to the current codes to clarify and simplify them. • A number of the sections leave the final approval up to the fire chief and /or fire code official. In many of those instances we specified what would be allowed or not allowed. • Definitions were add for clarity. • Clarified Change of Occupancy Definition - Change of Certificate of Occupancy (ownership change) • Fire Lanes — Provided clear definitions and examples of what is acceptable for the marking A for horizontal 2012. • Mobile Food life safety of buildings greater than 10,000 sq ft in area will have requirements as well as the existing vertical requirements that are in the IFC ments and Food Booths — A section was added to cover mobile such as food trucks and food booths. These will be inspected on to the use of LP gas and production of grease laden vapors which fire extinguishing agents. • Trade Shows and Conventions — Allows food booths to operate under and follow rules of the mobile food establishments. • Underground Fuel Storage Tanks - Clarified inventory control records and record keeping. This will allow for review of records to monitor for leaks or unaccounted for loss of product. • Fire Drills in Educational Facilities- Information and guidelines have been implemented in schools previously but, have not been in writing until now. • Permits -There are additions that will trigger the need for a permit. The fees will be minimal. The main purpose of the permit is to ensure an inspection is performed for safety. Mr. Evans opened the Public Hearing at 8:22 P.M. Minutes P &Z Meeting July 22, 2015 Page 7 of 8 There being no one to speak, Mr. Evans closed the Public Hearing at 8:23 P.M. Mr. Braud asked about controlling fireworks outside the city limits in the code. Mr. Perry stated that this has been corrected, and we cannot do that. Mr. Perry further stated that they cannot confiscate unopened fireworks, but a citation can be issued following state law. Mr. Dahle stated that he called about fireworks in the south end and there was no response. He would hope that there would be dedicated staff for New Year's Eve. Mr. Perry stated that they try to post on the web site and get information out, but if people use fireworks they are still going to do it. Discussion followed between Staff and the Commission. Mr. Greenwald motioned to forward a recommendation of approval to City Council with corrections as stated by Mr. Crawford and Mr. Brand. Mr. Glombik seconded the motion. Vote was 6 -0. Motion carried. 6. REQUESTS AND ANNOUNCEMEP A. Requests by Commissioners to • None. B. Announcements by Commissia • None. C. Announcements by City, Staff. • Ms. Sanchez stated that the 9. • Ms. Sara and Zor July 17, on a future Planning and Zoning Agenda. Texas APA Conference would be in Galveston this year rer 9, 2015. city shirts were handed out tonight to the Commission. that the following site plans were submitted to the Planning ment for administrative approval between July 6, 2015 and • Schertz Professional Center Subdivision, Lot 1, Block 1 (1.739 Schertz Pkwy) - Site Plan — Proposed: 10,000 square foot Medical Office • Walmart Supercenter #3391 -00 Subdivision, Lot 15, Block 1 (5560 FM 3009) - Site Plan — Proposed: Parking lot • Blue Ridge Center Subdivision, Lot 8, Block 1 (17605 IH -35 N) — Site Plan — Proposed: 3,753 square foot restaurant ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 8:45 P.M. Chairman, Planning and Zoning Commission Minutes P &Z Meeting July 22, 2015 Page 8 of 8 Recording Secretary, City of Schertz TO: Planning and Zoning Commission CASE: ZC2015 -003 —13183 IH -10 E -Zoning SUBJECT: Hold a public hearing, consider and make a recommendation to City Council on a request to rezone 13183 IH -10 East, approximately 35 acres of land, from Predevelopment District (PRE) to General Business District (GB). Owner/ Applicant: NAJDS Property Investments Inc., Jamil Sayfi Project Engineer: Butz Land Surveying, Marshall Butz APPLICATION SUBMITTAL DATE: July 8, 2015 (Original Application) July 27, 2015 (Revised Submittal) PUBLIC NOTICE: The public hearing notice will be published in "The Daily Commercial Recorder"and the "Herald" for the August 25, 2015 City Council Meeting. There were four (4) notices mailed to surrounding property owners on July 29, 2015. At the time of this staff report one (1) response in favor of the request has been received. No responses were received neutral to or opposed to the request. ITEM SUMMARY: The applicant is proposing to rezone approximately 35 acres land from Predevelopment District (PRE) to General Business (GB). The property is located at 13183 IH 10 East. The site contains three (3) existing buildings and two (2) gas pump canopies. The site has the following existing uses; a convenience store with gas pumps, restaurant, motel, professional office, and automobile repair major. This property was annexed on July 20, 2010 by Ordinance 10 -A -20. LAND USES AND ZONING: Zoning Existing Predevelopment District (PRE) Proposed General Business District — 2 (GB -2) Land Use Convenience Store with Gas pumps, Restaurant, Motel, Professional Office, Automobile Repair Major Convenience Store with Gas pumps, Restaurant, Motel, Professional Office, Automobile Repair Major, Alcohol Package Sales Adjacent P North South East West Zoning Land Use Predevelopment District (PRE) Undeveloped Right -of- way IH -10 Predevelopment District (PRE) Undeveloped General Business District (GB) Undeveloped PLATTING STATUS: The subject property is not platted. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Sector Plan amendment to the Comprehensive Land Use Plan (CLOP) designates the subject property for Highway Commercial which is intended for regional scale retail and commercial uses that can take advantage of the highway frontage. Highway Commercial areas are located at major highway intersections to maximize access to the region. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for continued commercial development along IH -10. • Impact of Infrastructure: The proposed rezoning request will have a minimal impact on the existing water and wastewater systems. • Impact of Public Facilities /Services: The proposed rezoning request will have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land. The requested General Business District (GB) zoning is compatible with the surrounding land uses. STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive Land Use Plan identifies this area as Highway Commercial to provide for commercial uses that can take advantage of the highway frontage. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan. The applicant is proposing to rezone the property from the current Predevelopment (PRE) zoning, which is intended as a temporary designation for newly annexed property, to General Business (GB) to allow for the opening of a liquor store in part of the existing building and for the future development of his property. The General Business District (GB) is intended to provide suitable area for the development of non - residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. It is the opinion of Staff that the General Business District (GB) is the most appropriate zoning district for this tract of land. The existing land uses of convenience store with gas pumps, restaurant, motel, and professional office at this location appear to be appropriate uses for this tract of land due to its location on IH 10. If the rezoning is granted, the land uses of restaurant, motel and professional office will be considered existing conforming uses, and the land uses of automobile repair major and convenience store with gas pumps will be iN considered existing nonconforming uses and subject to the restrictions identified in UDC Article 7 Nonconforming Uses, Lots and Structures. Staff recommends approval of the rezoning application as submitted. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is making a recommendation to City Council on the propose zoning application. In considering action on a zoning application, the Commission should consider the criteria within UDC, Section 21 .5.4 D. Attachments: Aerial (Maps) Public Hearing Notice Map Public Hearing Responses Exhibit E FM 1518 N (339314) 13085 IH 10 E (339373) SCHIERTZ COMMUNITY* SERVICE R OPPORTUNITY 0 L0 (IWQkI p ov to 0 0 E FM 1518 N (1115356) IH 10 E (1103440) 13183 IH 10 E 74 13331 IH 10 � (340041) � I N 4 E S k A k okk skk I fn-k k SCHHEIRTZ I OPPORTUNITY RTU ITY NOTICE OF PU13LIC HEARING July 29, 2015 Dear Property Owner, DEVELOPMENT SERVICES PLAT NL'gG DEPARTMtN'T The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, August 12, 2015 at 6:00 p.m, located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following item: 'ZC2M,'003 ='A request fo"'rezone 1 st;- approxima ely 5acfes —f an — T from Predevelopmeiit Diafrict (PRE) to General Business District (GB). Because you are a property owner adjacent to the proposed change, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619 -1789, or by e -mail bcox@scbertz.com Sincerely, 1�ell �� ��z Bryce Cox, CFM Planner J am: COMIV NAME: STREE Reply Form in favor of opposed to ❑ neutral to ❑ the request forZC2013.003 DATE: - I r PHONE: ,2 /z$ • 3Z� � � "1 1400 Schartz Parkway * Schertz, Texas 78154 210.618.1000 Wherta.com LOCATIOX MAP 1. THE PROPERTY IS NOT LOCATED WITHIN THE 100—YEAR FLOODPLAIN ACCORDING TO FEW FIRM PANEL NUMBER: 480269 0455 G DATED: SEPTEMBER 29. 2010. "CM* Contours shown on this exhibit are taken from "The City of Son Antonio G.I.S. Map Services* webeft and does not represent an on the ground survey. BUTZ LAND �' "z U RVE)rl N C; 3630 KUSNERZ RD. PHONE: 210-"7-1369 ST HEDVVIG, TX 76152-9718 FAX: 210-667-1334 OWNERIAPPLICANT, • ,1AM/L A. SAYFI 8632 FREDERICKSBURG ROAD, SUITE 115 SAN ANTONIO, TEXAS 78240 (210) 365-5559 61 �j (D �I yO I� ZONING TABLE EXISTING ZONING PREDEVELOPMENT (PRE) 34.964 ACRES PROPOSED ZONING GENERAL BUSINESS (GB) 34.964 ACRES Q) 200' NOTIF-ICA77ON BOUNDARY CHART NO. LAND USE ZONING OTHER INFORMATION 1 VACANT LAND PRE DIRT DEALERS XV, LTD 18618 TUSCANY STONE STE 210 SAN ANTONIO, 7X. 78258-3467 PROPERTY I.D. # 1115356 VOL. 13010, PG. .304 2 VACANT LAND PRE DANNY A. RHODE 3115 GIN ROAD SEGUIN, TX. 78155-8345 PROPERTY I.D. # 340041 VOL. 8733, PG. 735 i VACANT LAND GB 1518 LAND INVESTMENTS, LP 14165 DALLAS PKWY. STE, 1150 DALLAS, 77C 78254-4309 PROPERTY LD. # 339373 VOL. 14133, PG. 194 4 VACANT LAND GB 1518 LAND INVESTMENTS, LP 14185 DALLAS PKWY. STE. 1150 DALLAS, TX. 76254-4309 PROPERTY I.D. # 339314 VOL. 14133, PG. 194 LEGEND GB =GENERAL BUSINESS (PRE) =PRE—DEVELOPMENT R. 0. W. —RIGHT OF WAY 4e GRAPHIC SCALE 200 0 100 200 400 800 IN FEET I inch = 200 ft. ZONING EXHIBIT BEING a 34.964 acre tract out of the Eligio Gortad Survey No. 2, Abstract 5, County Block 5193, Bexar County, Texas as decribed in Volume 6033, Page 522 of the Real Property Records of Bexar County, Texas and also being known as 13183 Interstate Highway 10. DRAWN BY: R.C.C. JOB NO. 15-119 DATE: JUNE 25, 2015 P"ISED- JULY 21, TO: Planning and Zoning Commission 00491:14a- .Yf�WiTiT • • tw= aITiTiTa9 CASE: ZC2015 -004 — 807 Main Street - Zoning SUBJECT: Hold a public hearing, consider and make a recommendation to City Council on A request to rezone 807 Main Street, approximately 0.25 acres of land, from Single - Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU). GENERAL INFORMATION: Owner/ Applicant: Gary Pierce APPLICATION SUBMITTAL DATE: July 10, 2015 (Original Application) PUBLIC NOTICE: The public hearing notice will be published in "The Daily Commercial Recorder"and the "Herald" for the August 25, 2015 City Council Meeting. There were fifteen (15) notices mailed to surrounding property owners on July 29, 2015. At the time of this staff report one (1) response in favor of the request has been received. No responses were received neutral to or opposed to the request. ITEM SUMMARY: The applicant is proposing to rezone approximately .25 acres land from Single - Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU). The property is located at 807 Main Street. The site has an existing 2,500 square foot building that is currently vacant. X_1i!Ii•11RI* _1i,IQV0P►IIi![t] PLATTING STATUS: The subject property is not platted. Zoning Land Use Existing Single- Family Residential District - 2 (R -2) Vacant Proposed Main Street Mixed Use District (MSMU) Commercial Adjacent Properties Zoning Land Use North Single- Family Residential District - 2 (R -2) Single Family South Right -of -way / General Business (GB) Main Street/ Automobile Re East Single- Family Residential District - 2 (R -2) Undeveloped West Sinale- Family Residential District - 2 (R -2) Multi- Family PLATTING STATUS: The subject property is not platted. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of Historic Downtown Schertz. The objectives for Historic Downtown Schertz are to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The Main Street Mixed -Use District (MSMU) was created to help achieve these objectives. The Main Street Mixed -Use District (MSMU) is intended to provide a base zoning district to the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for either single family or low intensity commercial occupancy at 807 Main Street. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. • Impact of Public Facilities /Services: The proposed rezoning request will have a no impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by commercial, multi - family and single family land uses. The Main Street Mixed -Use District (MSMU) will allow for either low intensity commercial or single - family residential. STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz which is intended to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. The applicant is proposing to rezone the property for the current single - Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU), to allow for low intensity commercial land uses that are permitted in the Main Street Mixed Use District (MSMU). The property was originally built as a single family residence and was later converted into a commercial structure which most recently was occupied by a florist shop. Based on the Comprehensive Land Use Plan and surrounding land uses, it is the opinion of Staff that the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. N COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is making a recommendation to City Council on the propose zoning application. In considering action on a zoning application, the Commission should consider the criteria within UDC, Section 21.5.4 D. Attachments: Public Hearing Notice Map Public Hearing Responses Exhibit Property Survey SSCH1JE1RffZ City of S.chertz OQMMUNITY-$EI1WQ9-Q1`PQRTWV Last Update: July 10, 2D15 807 MAIN ST my m �h.., —01141.� To" M�aljk D1DQ.h­.om ID) —1184 ABS: 221 SUR: G MALPAZ 0.2520 AC. ..... . . . . . . . . . . ........... N 200' Buffer 0 Parcel Boundaries 9`1 S 0 50 100 200 300 400 111111 - A2110010110= i Feet S61 S-,� SIP CIS. 00 lop SSCH1JE1RffZ City of S.chertz OQMMUNITY-$EI1WQ9-Q1`PQRTWV Last Update: July 10, 2D15 807 MAIN ST my m �h.., —01141.� To" M�aljk D1DQ.h­.om ID) —1184 ABS: 221 SUR: G MALPAZ 0.2520 AC. ..... . . . . . . . . . . ........... N 200' Buffer 0 Parcel Boundaries 9`1 S 0 50 100 200 300 400 111111 - A2110010110= i Feet S61 S-,� lop IPA v MAIN ST" (1661) -dl -71 ry 2T. U 1 - I V Pk <� tAk 01 01 Ti F IPA as 2 d,1 01% (P, SSCH1JE1RffZ City of S.chertz OQMMUNITY-$EI1WQ9-Q1`PQRTWV Last Update: July 10, 2D15 807 MAIN ST my m �h.., —01141.� To" M�aljk D1DQ.h­.om ID) —1184 ABS: 221 SUR: G MALPAZ 0.2520 AC. ..... . . . . . . . . . . ........... N 200' Buffer 0 Parcel Boundaries 9`1 S 0 50 100 200 300 400 111111 - A2110010110= i Feet July 29, 2015 Dear Property Owner, 0 W W.11jel IC&A " D1 V.1 0 va I Dul The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, August 12, 2015 at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following item: ZC2015.004 — A request to rezone 807 Main Street, approximately 0.25 acres of land, from Single-Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU). Because you are a property owner adjacent to the proposed change, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request You may return the reply form below prior to the first public hearing date by mail or personal delivery to Lesa Wood, Senior Planner, 1400 Schertz Parkway, Schertz, Texa's 78154, by fax (210) 619-1789, or by e-mail [wood( schertz.com Sincerely, Lesa Wood Senior Planner Reply Form I am: in favor of opposed to ❑ neutral to ❑ the request for ZC2015-004 COMMENTS: NAME: -3 u0k 1-w SIGNATURE (PLEASE PRINT) STREET ADDRESS: A MA, to =4 DATE: '3 +4.kil PHONE: —,7— 1 V J AUG 0 3 ?015 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 N N. k IP m hMkM g 0 u 19 BEARING BASIS: RECORD, VOL.433, PG.476 0.252 ACRE SURVEY G. MALPAS LEAGUE & LABOR SURVEY 67 GUADALUPE COUNTY, TEXAS Being all that certain tract or parcel of land lying in Division 10 of the G. Malpaz League and Labor, Survey no. 67, Section 3, Guadalupe County, Texas, same also lying within the corporate limits of the City of Schertz, same also being a portion of a 0.218 acre tract of land as described in volume 878, page 949, and a portion of a 0.057 acre tract of land described in volume 878, page 951, Deed Records of Guadalupe County, Texas and more particularly described as follows: BEGINNING at a 1/2" iron rod set at the intersection of the southwest line of the aforementioned 0.218 acres and the northwest line of Main Street for the south corner; THENCE along the southwest line of the aforementioned 0.218 acres and the northeast line of a 1.01 acre tract of land described in volume 827, page 745, Deed Records of' Guadalupe County, Texas, N30 020100 11W a distance of 114.67 feet to a 1/2" iron rod set for the west corner; THENCE along the northwest line of the aforementioned 0.218 acres and the southeast line of a 0.218 acre tract of land as described in volume 656, page 14, Deed Records of Guadalupe County, Texas, N59 040100 11E a distance of 76.00 feet to a 1/2" iron rod found for the most westerly north corner; THENCE along the northeast line of the aforementioned 0.218 acres (volume 878, page 949) and the southwest line of a 0.33 acre tract of land described in volume 537, page 799, Deed Records of Guadalupe County, Texas, S30 020100 11E a distance of 25.00 feet to a 1/2" iron rod found for an interior corner; THENCE along the northwest line of the aforementioned 0_.057 acres and the southeast line of the aforementioned 0.33 acres, N59 040100 11E a distance of 25.00 feet to a 1/2" iron rod set for a north corner; THENCE along the northeast line of the aforementioned 0.218 acres and the southwest line of a 0.189 acre "First Tract" as described in volume 591, page.109, Deed Records of Guadalupe County, Texas, S30020100 11E a distance of 90.26 feet to a 1/2" iron rod set in the northwest line of Main Street for the east corner; THENCE along the northwest line of Main Street, S60 000100 11W a distance of 101.00 feet to the Place of Beginning containing 0.252 acres of land, THE STATE OF TEXAS X X KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR S I, John T. Kubala, a Registered Professional Land Surveyor, do hereby certify that the above plat and field notes were prepared using information obtained by an on the ground survey made under my direction and supervision in September, 1993. This survey was performed with the benefit of a Title Commitment (GF. No. 25172) dated August 2, 1993, and only the recorded easements shown hereon were reviewed by Civil Design Services. Date 30'9 day of ` rge �, 1993, A.D. i OF. TFy �9 n T. Kubala egistered Professional Land Surveyor No.4505 - State of Texas i JOHN T. KUBA LA ...� ..................... a 4505 �yO ESS\�p� �- SURD 20 10 0 20 40 I SCALE IN FEET — DESIGNED BY �a ��7 n �a�n �a 0.252 ACRES 1 DRAWN BY LO V OLD ° D0 RHM09 V ° ��q��l� � CE)5 CITY OF SCHERTZ, TEXAS SHEET NO. CHECKED BY CONSULTING ENGINEERS • LAND SURVEYORS DIVISION NO. 10) G. MALPAZ LEAGUE & LABOR REVIEWED BY SURVEY NO. 67, SECTION 3 OF SHEETS 10223 McALLISTER FREEWAY • SUITE 105 • SAN ANTONIO, TEXAS 78216 • 512 -344- 644 FILE NO DATE REVISION BY DATE G UADALU P E COUNTY, TEXAS E N0.