PZ 07-08-2015PLANNING 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
1.
2.
3.
5.
CALL TO ORDER/ROLL CALL
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
OTHERS PRESENT
Stephen Stokinger, Tomsu Stokinger Engineering
Mr. Richmond called the meeting to order at 6:02 P.M.
ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Mr. Richmond suggested to defer the election to when a full Commission is in attendance and
seated. Mr. Dahle motioned to defer until the next meeting for the election. Mr. Greenwald
seconded the motion. Vote was 6 -0. Motion carried.
HEARING OF RESIDENTS
• None.
CONSENT AGENDA
A. Minutes for the June 10, 2015 Regular Meeting.
Mr. Crawford motioned to approve the consent agenda as presented. Mr. Greenwald seconded
the motion. Vote was 4 -0 -2 with Mr. Glombik and Mr. Dahle abstaining. Motion carried.
PUBLIC HEARING
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.F.23 in regards to the percentage of required materials in multifamily
developments to "100% of the front fagade 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 cementations 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 reviewing solar panel questions and state laws on what the
City is allowed to regulate and Staff will update once they receive that information.
Mr. Richmond opened the Public Hearing at 6:08 P.M.
There being no one to speak, Mr. Richmond closed the Public Hearing at 6:09 P.M.
Mr. Crawford opened a discussion regarding hardiplank materials stating he called the hardiplank
company. Mr. Cox stated that he did look up materials on the web site for hardiplank, and there
was information on the MDSD sheets which were more safety oriented than about the material or
percentage of composition.
Mr. Greenwald motioned to forward a recommendation of approval to City Council. Mr. Crawford
seconded. Vote was 6 -0. Motion carried.
B. Hold a public hearing, consider and make a recommendation to City Council on
repealing Part II, Schertz Code of Ordinances, Chapter 18, Buildings and Building
Regulations and adopting the revised Schertz Code of Ordinances, 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. 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.
• Pg16 -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.
• Pg 25 — IRC
• Authority to Disconnect Service Utility
• Restriction on portable generators for permanent residential use
• Exception: during emergency situations when authorized
• Pg25 —IRC
• 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, 1 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 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.
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 15 -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 Association, 3625 Paesano Parkway, San
Antonio, TX, spoke on a request to delay passing the code because GSABA needs a couple
more weeks for review with the building department.
• Greg Asvestas, MLAW Engineers, 3625 Paesano Parkway, San Antonio, TX, spoke on
several issues such as increased cost and requested an extension for review.
• Rick Bowman, MLAW Engineers, 7804 Longhorn Blvd., San Antonio, TX, spoke on
requesting a delay and the design engineer on the job site.
Mr. Richmond closed the Public Hearing at 6:40 P.M.
Ms. Sanchez stated that the 72 hours hold if the inspection fails is an existing code requirement and
already adopted. Ms. Sanchez stated that there are typo's and corrections will be made. Ms.
Sanchez stated that the Certificate of Occupancy requirements are different for commercial and
residential. Ms. Sanchez stated that there is no additional expense to the applicant for 3rd party
plan reviews, as the applicant already pays for one plan review. Ms. Sanchez stated that the
foundation requirements which were presented to P &Z, City Council along with Focus Groups of
architects, and builders were adopted in 2013.
Discussion followed between Staff, and the Commission.
Mr. James stated that the Commission could table this item tonight, and the ordinance could be
cleaned up and schedule a meeting with folios who have issues to discuss.
Mr. Dahle motioned to table this item until the next meeting on July 22, 2015. Mr. Crawford
seconded the motion. Vote was 6 -0. Motion carried.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
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 Creels 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 16' 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 No. 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 Schertz
Minutes
P &Z Meeting
July 8, 2015
Page 7 of 8
7.
V
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 objections by the City Engineer, Public Works, Parks,
Inspections, Fire and Police. The plat is consistent with all applicable zoning requirements,
ordinances, and regulations. Staff recommends approval of the preliminary plat.
Mr. Crawford asked if the plat has 35 ft. dedication for road expansion, and a 14 ft. electrical
easement and a 16 ft. sewer easement. Ms. Wood stated that the road dedication begins at the new
property line, and the scale of the 14 ft. and 16 ft. easements would be corrected at final plat. Mr.
Greenwald asked if it is Green Valley water. Mr. Stokinger stated that there is a sign at the front of
the property indicating Green Valley water.
Mr. Crawford motioned to approve this item as presented. Mr. Dahle seconded the motion. Vote
was 6 -0. Motion carried.
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 the City had a good parade on Saturday for the Jubilee with
over 100 entries.
C. Announcements by City Staff.
Ms. Wood stated 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.
ADJOURNMENT OF THE REGULAR MEETING
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