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PZ 07-22-2015PLANNING 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 Braud Christian Glombik Michael Dahle 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 Covington, Fire Chief John Perry, Fire Marshall Patti White, Executive Asst. Development COMMISSIONERS ABSENT OTHERS PRESENT David Richmond, Chairman 1. CALL TO ORDER/ROLL CALL Mr. Evans called the meeting to order at 6:01 P.M. 2. 3. 4. 5. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. Evans stated that the Commission would wait until everyone was together to have the election. HEARING OF RESIDENTS • None. CONSENT AGENDA A. Minutes for the June 24, 2015 Regular Meeting. 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 I11-35. 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 I 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• Adoption of the 2012 ICC Codes is necessary because we are currently working under a code that is nine years out of date and new industry standards have been developed to ensure public health and life safety.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 • 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 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. • 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 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 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 • 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 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 include: • Adoption of the following codes: • National Electrical Code 2014 (mandated by the State) • International Energy Conservation Code 2009 (mandated by the State • 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 • Manual of Cross Connection Control • International Swimming Pool and Spa Code 2012 (ISPSC) • Establish Sound Attenuation Standards as requested by Joint Base San Antonio. • Exempt residential remodels and additions from the requirement to use Design Professionals to prepare plans. • Exempt residential siding, replacement fences and accessory structures less than 120 square feet from permitting unless a foundation is proposed or the property is located within a floodplain hazard area. • 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 requirements, and staffing. • Matt Cosgrove, 5408 North Graytown Road, Schertz, TX spoke on building a house and planting trees on his property. Mr. Evans closed the public hearing at 7:24 P.M. Mr. Evans stated that in the past we discussed laying out specific standards such as stiffer pads to get better quality construction, and if this is mandated, is that an option. Mr. James stated yes, and that we discussed these requirements because they do impose an increased cost. One of the challenges we faced was that the engineer designed the foundation to the soils to perform as it should, but it did not happen. We still are open to discussions because at the end of the day it is our objective to get better quality homes for the homeowners, and we may come back to modify some restrictions. Mr. Glombik stated that he would rather see a consensus from Staff. Mr. Dahle asked about the recommendation to take out the sound attenuation. Mr. James stated that this is a construction standard to be placed 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 and identification of fire lanes. • Standpipes — Coverage of buildings greater than 10,000 sq ft in area will have requirements for horizontal coverage as well as the existing vertical requirements that are in the IFC 2012. • Mobile Food Establishments and Food Booths — A section was added to cover mobile cooking establishments such as food trucks and food booths. These will be inspected on fire and life safety due to the use of LP gas and production of grease laden vapors which require special types of 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 6. 9. There being no one to speak, Mr. Evans closed the Public Hearing at 8:23 P.M. Mr. Brand 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. Braud. Mr. Glombik 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. • None. C. Announcements by City Staff. Ms. Sanchez stated that the Texas APA Conference would be in Galveston this year from October 7 to October 9, 2015. Ms. Sanchez stated that city shirts were handed out tonight to the Commission. • Ms. Sanchez stated that the following site plans were submitted to the Planning and Zoning Department for administrative approval between July 6, 2015 and July 17, 2015. • Schertz Professional Center Subdivision, Lot 1, Block 1 (1739 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