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PZ 08-26-2015PLANNING AND ZONING MINUTES August 26, 2015 A Regular Meeting was held by the Planning and Zoning Commission on August 26, 2015 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice - Chairman Ken Greenwald Bert Crawford, Jr. Richard Braud COMMISSIONERS ABSENT Christian Glombik Michael Dahle 1. 2. 3. 4. CALL TO ORDER/ROLL CALL CITY STAFF Brian James, Executive Director Development Lesa Wood, Senior Planner Bryce Cox, Planner I Patti White, Executive Asst. Development OTHERS PRESENT Matthew Cosgrove, 5408 N. Graytown Road Chad James, Bury Partners Mr. Richmond called the meeting to order at 6:00 P.M. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. Richmond suggested that since all Commissioners were not in attendance, that they could conduct a nomination process for Chairman and Vice Chairman at this meeting. Mr. Greenwald stated that the voting of the election should be held at the next meeting. Mr. Greenwald nominated Mr. Richmond as Chairman. Mr. Brand seconded the nomination. Mr. Crawford nominated Mr. Evans as Vice Chairman. Mr. Greenwald seconded the nomination. Mr. Richmond asked Staff to put the election as an agenda item to consider and elect at their next meeting. HEARING OF RESIDENTS • Matt Cosgrove, 5408 N. Graytown Road, spoke on requesting a sewer waiver on his property tonight, and stated that at a previous P &Z meeting he misunderstood Commission comments on foundation issues and the rules in place. He now understands the City's intent. • Robert Brockman, 1000 Elbel, asked if Item 4 will go to City Council and does P &Z have the authority to give them a waiver. Mr. Richmond stated that they do have the authority. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider and act upon a request for approval of a waiver regarding an on -site sewage facility for The Reserve at Schertz Subdivision Unit 4, an approximately 31 acre tract of land located at 5408 N. Graytown Road. Mr. Cox presented this item by stating that the Applicant is requesting a waiver for The Reserve at Minutes P &Z Meeting August 26, 2015 Page 1 of 4 Schertz Unit 4 to install a privately owned On -Site Sewage Facility (OSSF) on an approximately 31 acre tract of land to serve one (1) single family residential home. The subject property is zoned Single - Family Residential/ Agricultural (R -A). The subject property is located north of IH 10 at 5408 N. Graytown Road in the City of Schertz. The property is undeveloped and is shown on the approved Reserve at Schertz Master Plan as one (1) single family residential lot. The property is not platted. The site is located within the San Antonio River Authority (SARA) 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 to serve the subject property because 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 approximately 1,600 feet south of the intersection of Graytown Road and Boenig Drive. This segment of sewer line is currently under construction and nearing completion. The sewer line would need to be extended approximately 2,600 feet along Graytown Road to reach the subject property. Due to elevation differences along Graytown Road, a lift pump station would need to be added across from the subject property. The Project Engineer estimates that it will cost $140,300 to extend the sewer main from its proposed location to the subject property and construct the lift station. 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. Cox stated that this is waiver request which is processed with plats for a subdivision, and this is a not a zoning request. Mr. Crawford stated that the Commission has concerns about septic and it is a discretionary item. Mr. Cosgrove, the Applicant, stated that he didn't understand the steps before, and he now has a better understanding of the whole picture and the process. Mr. Crawford asked where he was going to build his house. Mr. Cosgrove showed the location on the map, and his plan was to build a more extensive house. Now he is planning on a manufactured home. Ms. Wood clarified that Mr. Cosgrove is planning on a modular home which is allowed, and not a manufactured home. Mr. Greenwald stated that this is for one septic for one house. Mr. Crawford motioned to approve this item as presented. Mr. Greenwald seconded the motion. Vote was 5 -0. Motion carried. 5. WORKSHOP/DISCUSSION A. Public Hearing and discussion on deferral of all public improvements. Ms. Wood gave a presentation with the following points: • The UDC requires construction plans to be approved prior to approval of the final plat, and that the construction and acceptance of public improvements (streets, water, sewer, some drainage) occur prior to filing the plat. • Per Section 21.4.15 E 2 "The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the subdivision until after the final plat recordation. The request shall be submitted with an application for preliminary plat approval to provide fair notice of the intent of the developer. Deferral of the obligation to install public improvements shall be conditioned on the execution of a subdivision improvement agreement and sufficient surety to secure the obligation defined in the Minutes P &Z Meeting August 26, 2015 Page 2 of 4 agreement." • Section 21.4.15 goes on to require public improvements to be completed within 2 years of the filing of the final plat. • It also provides requirements for the provisions to be included in the public improvement agreement, which are approved by staff, such as the filing of the document to run with the land to inform future buyers of the existence of the agreement, the type and amount of the surety (125% of the estimated cost of the improvements), remedies for failure to perform, etc. • While this provision exists in the UDC, the City has only generally entered into these agreements to allow the developer to construct the public improvements in conjunction with site development (for example CST) or to allow the plat to filed when only a few minor items still need to be completed (finishing constructing sidewalks or screening walls). • Community Facility agreements have not typically been done to simply allow deferral of the improvements in order to file the plat. • Filing of the plat is needed to sell a portion of a property (when platting is required). This requires the buyer or seller to install the improvements before the sale may occur. Developers have approached the City to allow the public improvements to be deferred to allow a sale to occur. • Staff is seeking direction from P &Z and City Council on allowing Community Facility agreements to allow a sale to occur and not in conjunction with development of the property. • A few things to keep in mind: • Staff time and cost to draft and manage the agreements. • Staff time and cost to obtain surety and construct the improvement in the event of a default. Staff is requesting your feedback and will forward this item to City Council and have the same conversation with them. Mr. Richmond opened the Public Hearing at 6:26 P.M. • Mr. Chad James, Bury Partners, 3110 Thousand Oaks Drive, San Antonio, is working with the Ripps Subdivision, and they are asking for deferral of public infrastructure. His client has agreed to provide the public improvements, but wants to sell a few lots of the property prior to installing the public improvements. • Robert Brockman, 1000 Elbel Road, spoke on Fairway Manor and Live Oak Hills. Mr. Richmond closed the Public Hearing at 6:29 P.M. Mr. Crawford asked if this is more for commercial than residential property. Ms. Wood stated that it is Staff's recommendation, but Staff is open to recommendations. Mr. James stated that we have had requests from single family developers. Ms. Wood stated that it is not the City's preference. Mr. Richmond asked if there had been previous commercial requests. Ms. Wood stated that there have been a few where we have said no, but the requests are getting more frequent. Staff wanted to see if the Commission would agree to a request if everything is ready to go and the developer is ready to pull the building permit. Mr. Greenwald stated that he cannot agree to have a developer who wants to wait a year or to allow the taxpayers to pay the bill. Discussion continued between the Commission and Staff. No action required. Minutes P &Z Meeting August 26, 2015 Page 3 of 4 6. 7. REQUESTS AND ANNOUNCEMENTS A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. • Mr. Braud asked for a presentation on the tree mitigation program. • Mr. Braud asked for a meeting for P &Z to review the plans of JLUS. • Mr. Richmond asked if Dr. Gibson of SCUCISD could give the Commission an update on enrollment as he did before. Mr. James stated that this could be timed after the school district's next quarterly demographics report. B. Announcements by Commissioners. • None. C. Announcements by City Staff. • Mr. James stated that City Council had tabled the building codes ordinance, and Staff would be planning a joint workshop with P &Z, City Council and the builders group with a date and time to be announced soon. • Ms. White stated that she would hand out APA itineraries for the Commission at the September 23, 2015 meeting. ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 7:11 P.M. Chairman, Planning and Zoning Commission Minutes P &Z Meeting August 26, 2015 Page 4 of 4 Recording Secretary, City of Schertz