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PZ 9-12-2018 AGENDA with associated documentsSCHERTZ PLANNING & ZONING COMMISSION HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City 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 [�A0MCIZ4] t1 7N 2. 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 register prior 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 oj'specifzc 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. 3. CONSENT AGENDA: A. Minutes for the August 22, 2018 regular meeting B. PC2016 -016 EXT Consider and act upon a request for approval for a time extension for the final plat of Rhine Valley Subdivision Unit 2, an approximately 16 acre tract, consisting of 70 single family residential lots, generally located on Lower Seguin. Road 3,000 feet east of the intersection of Lower Seguin Road and FM 1518. 4. 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. ZC2018 -005 Hold a public hearing, consider and make a recommendation to City Council on a request to rezone approximately 1.8 acres of land from Single - Family Residential / Agricultural District (R -A) and General Business District (GB) to Neighborhood Services (NS) located northwest of the intersection of FM 1518 and West Schaefer Road. B. ZC2018 -004 Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), to Article 8 Special Uses and General Regulations, Subsection 21.8.2 Accessory Buildings, Uses and Structures associated Code of Ordinance amendment ** *Tabled at the August 22, 2018 Planning & Zoning Commission Meeting * ** Planning & Zoning September 12, 2018 Page 1 of 3 A. WA2018 -005 Consider and act upon a request for approval of a waiver regarding on -site sewage facilities for the Lizcano Estates Subdivision, an approximately 10 acre tract of land located at the northeast corner of the intersection of Ware Seguin Road and Ware Seguin Road, more specifically described as 11917 Ware Seguin Road, City of Schertz, Bexar County. B. PC2018 -031 Consider and act upon a request for approval of a preliminary plat of the Lizcano Estates Subdivision, an approximately 10 acre tract of land located at the northeast corner of the intersection of Ware Seguin Road and Ware Seguin Road, more specifically described as 11917 Ware Seguin Road, City of Schertz, Bexar County. C. WA2018 -007 Consider and act upon a request for approval of a waiver regarding on -site sewage facilities for the Guastafierro Subdivision, an approximately 5 acre tract of land located at 6197 Pfeil Road, City of Schertz, Bexar County. D. PC2018 -030 Consider and act upon a request for approval of a preliminary plat of the Guastafierro Subdivision, an approximately 5 acre tract of land located at 6197 Pfeil Road, City of Schertz, Bexar County. 6. WORKSHOP / DISCUSSION A. Workshop / Discussion and possible action on the proposed Planning & Zoning Commission Bi- Laws 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: The following site plan was submitted to the Planning and Zoning Department between August 17, 2018 and September 7, 2018. 1. 7431 FM 3009 / Southeastern Freight Lines Amending Site Plan- 783 square feet dock expansion to the existing Southeastern Freight Lines; amendment to add in phasing lines for the portion to be completed at this time • Monthly Financial Reports for July and August with administratively approved plats 8. ADJOURNMENT OF THE REGULAR MEETING Planning & Zoning September 12, 2018 Page 2 of 3 CERTIFICATION I, Emily Grobe, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 7a' day of September, 2018 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. Eg!4 Gsro�rPi Emily Grobe, 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 , 2018. 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 September 12, 2018 Page 3 of 3 PLANNING AND ZONING MINUTES August 22, 2018 The Schertz Planning and Zoning Commission convened on August 22, 2018 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION Michael Dahle, Chairman Ernie Evans, Vice Chairman Richard Brand Glen Outlaw Gordon Rae LaDonna Bacon COMMISSIONERS ABSENT Ken Greenwald 1. CALL TO ORDER: Mr. Dahle called the 2. HEARIN There 3. CONSENT AGENDA. A. Minutes for the August 8, 201 Mr. Brand motioned to apprc seconded the motion. The vol 4. CITY STAFF Tiffany Danhof, Executive Assistant Bryce Cox, Senior Planner Emily Grobe, Planner Thomas Pinder, Fire Marshal Kade Lonz, Fire Chief Group, ii the minutes from August 8, 2018 regular minutes. Mr. Rae as 6 -0, motion carried. A. ZC2018 -003 APPLICANT HAS WITHDRAWN THIS REQUEST Hold a public hearing, consider and make a recommendation to City Council on a A request to rezone approximately 5 acres of land from Single- Family Residential / Agricultural District (R- A) and General Business District (GB) to Neighborhood Services (NS) located northwest of the intersection of FM 1518 and West Schaefer Road. Mr. Dahle indicated that the applicant has withdrawn the request and there is nothing to discuss at this time. Mr. Dahle mentioned that if the applicant would like to proceed, the applicant would need to start the application process from the beginning. Minutes Planning and Zoning Commission August 22, 2018 Page 1 of 4 is N SUP2017 -001 Hold a public hearing, consider and make a recommendation on a request for a Specific Use Permit to allow a Convenience Store with Gas Pumps on an approximate 2 acre site. The property is more specifically described as the south east corner of the intersection of FM 1518 and Maske Road, City of Schertz, Guadalupe County, Texas. Ms. Grobe gave a presentation on the request for a Specific Use Permit to allow a Convenience Store with Gas Pumps at the property located at the south east corner of the intersection of FM 1518 and Maske Road. She indicated five public hearing notices were sent out and no responses had been received. Ms. Grobe described the site plan which satisfy the requirements for the architectural standards, parking, screening, landscaping and complying with lighting and glare standards. Ms. Grobe indicated that the JBSA Randolph reviewed the proposed conceptual site plan and indicated their support with the condition that the site cannot exceed 0.22 in floor area ratio. Staff recommended approval of the of the SUP2017 -001 with the following conditions: a) No additional development will be allowed on this property that would cause the Floor Area Ratio to exceed the JBSA Randolph specified 0.22; and b) A building permit is approved within one year of the adoption of the SUP ordinance; and c) The use begins operation within two years of the issuance of the necessary building permit(s). Mr. Dahle opened the Public Hearing at 6:09 P.M. There were no residents who spoke. Mr. Dahle :closed the Public Hearing at 6:10 P.M. The Commission and staff had a discussion on the calculation of the current layout, lighting and signage restrictions, and questions on the location in addition to drainage to the retention pond. Mr. Outlaw motioned to approve UP201.7 -001 to City Council with the staff provided conditions. Mr. Braud seconded the motion. The vote was 5 -1; Commissioner Evans voted Nay, motion carried. Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), to Article 8 Special Uses and General Regulations, Subsection 21.8.2 Accessory Buildings, Uses and Structures associated Code of Ordinance amendment ** *Tabled at the August 8, 2018 Planning & Zoning Commission Meeting * ** Mr. Outlaw motioned to remove ZC2018 -004 from the table for further discussion. Mr. Evans second the motion. The vote was 6 -0, motion carried. The Fire Department and Planning Division gave a presentation on recent staff discussions, and the proposed amendments to the UDC Article 8 Special Uses and General Regulations, Subsection 21.8.2 Accessory Buildings, Uses and Structures and associated Code of Ordinance amendment. Staff recommended that it may be beneficial to have a joint workshop /discussion Minutes Planning and Zoning Commission August 22, 2018 Page 2 of 4 with the Planning & Zoning and City Council to discuss the proposed changes and each groups desire for amendment. Mr. Dahle opened the Public Hearing at 6:34 P.M. There were no residents who spoke. Mr. Dahle closed the Public Hearing At 6:35 P.M. Mr. Dahle indicated that the Commissioner had the a workshop /discussion with City Council or amendments. Commissioners and Staff had a disc measurements between the Interno reinstating the permitting of sheds installers. Mr. Outlaw motioned to table ZC201 Council. Mr. Braud seconded the mi 5. ITEMS FOR INDIVIDC A. PC2018 -033 Consider and act upon a Subdivision, an anoroxim� 6. Ms. Grobe lave a mesen of recommending denial, tabling for ,nding approval of the proposed ire rating requirements proposed, standard Code and the International Fire Codes, to residents and shed manufacturers and a workshop /discussion with City M1 for approval of a preliminary plat for the Fire Station #3 acre tract of land located approximately 900 feet west of the Seguin Road, City of Schertz, Bexar County. on the request for approval of the preliminary plat for the Fire FM 1518 and Lower Seguin Road. She described access points, .structure. Staff recommended approval of PC2018 -033. a discussion on roadway impact and public infrastructure PC2018 -033. Mr. Bacon seconded the motion. The vote was OUNCEMENTS: A. Requests by Commissioners to place items on a future Planning and "Zoning Agenda. No Commissioners spoke. B. Announcements by Commissioners. • City and community events attended and to be attended • Continuing education events attended and to be attended No Commissioners spoke. Minutes Planning and Zoning Commission August 22, 2018 Page 3 of 4 C. Announcements by City Staff. City and community events attended and to be attended. NEW SITE PLAN APPLICATIONS: There were no new site plan applications submitted to the Planning and Community Development Department between August 3, 2018 and August 17, 2018. Mr. Cox indicated that the City Community Budget Meetings have started and the next one is August 23, 2018 at 6:30 P.M. at Schertz United Methodist Church. Mr. Cox mentioned that the Bi Laws draft from Mr. James will be placed on the next Planning & Zoning agenda meeting for discussion. 7. ADJOURNMENT OF THE REGULAR MEETING: The meeting adjourned at 7:12 P.M. Chairman, Planning and Zoning Commission Recording Minutes Planning and Zoning Commission August 22, 2018 Page 4 of 4 City of Schertz TO: Planning and Zoning Commission PREPARED BY: Emily Grobe, Planner CASE: PC2016 -016- EXT Rhine Valley Subdivision, Unit 2 - Final Plat — 6 month Extension SUBJECT: Consider and act upon a request for approval for a time extension for the final plat of Rhine Valley Subdivision Unit 2, an approximately 16 acre tract, consisting of 70 single family residential lots, generally located on Lower Seguin Road 3,000 feet east of the intersection of Lower Seguin Road and FM 1518. GENERAL INFORMATION: Owner /Applicant: Fred Development, LLC Project Engineer: KFW Engineers & Surveying, Burt Wellmann ITEM SUMMARY: The applicant is requesting approval for a 6 month time extension for the final plat of the Rhine Valley Subdivision, Unit 2. GENERAL LOCATION AND SITE DESCRIPTION: The subject property is located generally southwest of the intersection of Eckhardt Road and the IH 35 frontage road. BACKGROUND: A final plat for this subdivision was approved by the Planning & Zoning Commission on September 14, 2016 and the approval remains in effect for a period of two (2) years. The final plat is due to expire on September 14, 2018. STAFF ANALYSIS AND RECOMMENDATION: The applicant is requesting a 6 month time extension for the final plat. No changes are proposed to the final plat that was previously approved. The 6 month extension request is based on unforeseen utility conflicts causing delays in the construction timeline. Staff recommends approval of the request for a 6 month time extension of the Rhine Valley Subdivision, Unit 2 final plat. If approved on this date, this six (6) month extension would expire on March 12, 2019. 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: In accordance with UDC, Sec. 21.12.10.E. 2 Extension - The Planning and Zoning Commission may extend the approval of a final plat for period not to exceed six (6) months. A final plat is not subject to reinstatement following expiration. Attachments: Exhibit Correspondence W Date: Jun 13, 2016, 4.28pm User ID: SRanjbar File: P: k205ll4lO5V) esignICivilTiatTL2051405- FINAL.dwg KEYNOTES NOTES: 1. NO STRUCTURE, FENCES, WALLS OR OTHER OBSTRUCTIONS THAT IMPEDE DRAINAGE SHALL m LEGEND O 10'G.E.T.TV. EASEMENT O O'G.E.T.TV. EASEMENT WITHIN SHOWN ON THIS PLAT N (VOL. 16923, PG. 1548) 23,. LANDSCAPING OTHERLTYPE OF MODIFICATIONS, ONS, WHICH ALTER CROSS-SECTIONS OFF o� 2O 15' DRAINAGE EASEMENT THE DRAINAGE EASEMENTS, AS APPROVED, SHALL BE ALLOWED WITHOUT THE APPROVAL OF !� F.I.R. c7 �` = FOUND 1/2" IRON ROD O 5'G.E.T.TV. EASEMENT THE DIRECTOR OF PUBLIC WORKS. THE CITY OF SCHERTZ SHALL HAVE THE RIGHT OF INGRESS Q� S.I.R. G = SET 1/2" IRON ROD WITH BLUE VARIABLE WIDTH R.O.W DEDICATION (VOL. 3 O 16923, PG. 1548) AND EGRESS OVER GRANTOR'S ADJACENT PROPERTY TO REMOVE ANY IMPEDING OBSTRUCTIONS PLACED WITHIN THE LIMITS OF SAID DRAINAGE EASEMENTS AND TO MAKE ANY CAP STAMPED 'KFW SURVEYING" TO CITY OF SCHERTZ (0.0268 AC.) O 40'DRAINAGE, AND G.E. T.TV.E. MODIFICATIONS OR IMPROVEMENTS WITHIN SAID DRAINAGE EASEMENTS. ALL SAID DRAINAGE SITE o R.O.W. = RIGHT VARIABLE WIDTH LANDSCAPE EASEMENT EASEMENTS WITHIN SAID LOTS SHALL BE PRIVATELY MAINTAINED BY PROPERTY OWNERS. Cj? -OF -WAY ® EASEMENT 9677, PGS. 166 O ESMT = EASEMENT (VOL. -170) 2. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY O.P.R. = OFFICIAL PUBLIC RECORDS VARIABLE WIDTH LANDSCAPE & 40' DRAINAGE EASEMENT O O ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. G.E.T.TV.E. = GAS, ELECTRIC, TELEPHONE, G.E.T.TV. EASEMENT (VOL. 9677, PGS. 166 -170) N CABLE T.V., EASEMENT VARIABLE WIDTH CLEAR VISION © 3. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF THE OWNER OR OWNERS DER SG EASEMENT SUCCESSORS AND/ OR ASSIGNS. O7 10' CLEAR VISION EASEMENT 4. TWO POINTS OF ACCESS SHALL BE MAINTAINED AT ALL TIMES. c ® 5'WALL MAINTENANCE EASEMENT ^ 5. THIS PLAT CONSISTS OF 70 BUILDABLE LOTS, 47 SF 50 LOTS AND 23 SF 45 LOTS. L OCA T /ON MAP N. T.S. O 16' SANITARY SEWER EASEMENT 6, ACCORDING TO FEMA FLOOD INSURANCE RATE MAP 315 OF 785, COMMUNITY PANEL NO, 5'G.E.T.TV. EASEMENT 48029C0315F, DATED SEPTEMBER 29, 2010. THE SUBJECT PROPERTY IS NOT WITHIN THE 100 -YR FLOODPLAIN. 7. LANDSCAPE AND WALL EASEMENTS WILL BE MAINTAINED AND IRRIGATED BY THE HOME SURVEYOR NOTES: / OWNERS ASSOCIATION. 1. 112" DIAMETER REBAR WITH A BLUE PLASTIC CAP STAMPED "KFW SURVEYING" SET AT ALL GRID: N= 13739164.40 ,% 8. LOT 2, BLOCK 16, LOT 7, BLOCK 13, LOT 17, BLOCK 13, LOT 1, BLOCK 22, LOT 13, BLOCK 21 ARE CORNERS UNLESS NOTED OTHERWISE. SEE LINE & CURVE TABLE ON PAGE 2 OF 2 E= 2211014.57 THE RESPONSIBILITY OF THE DEVELOPER OR ITS SUCCESSORS AND /OR ASSIGNS. 2. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE 9. ALL LOTS ARE TO BE UTILITY SERVICED FROM THE FRONT OF THE LOTS ADJACENT TO THE TEXAS SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM (NAD) OF 1983. F I 49e 3 SCALE: 1 "�= 100' STREET. 3. THE COORDINATES SHOWN HEREON ARE GRID WITH A COMBINED SCALE FACTOR OF ' 1.00017. /t b* B S 77 `OC 8F 10. WALL MAINTENANCE EASEMENT WILL BE MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. EXIST. 14' '' THE PLACEMENT OF OBSTRUCTIONS, FENCES AND /OR PERMANENT STRUCTURES BY THE LOT OWNER SHALL BE PROHIBITED WITHIN SAID EASEMENT. 4. REFERENCED PROPERTY IS IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% G.E.T.TV.E. SO= 4� O' 50' 100' 150' 200' ANUAL CHANCE FLOODPLAIN AS SCALED FROM FEMA FLOOD MAP 315 OF 785, COMMUNITY * N 72 X08 � 1 PANEL NO. 48029C0315F, DATED SEPTEMBER 29, 2010. "', 00 ,/ RHINE 1/ALLEY :'.�,y✓ �r0 15.00' 5. THE ELEVATIONS FOR THIS SURVEY ARE BASED ON NAVD88 (GEOID09). SUBDIVISION UNIT 1 X00 `S'Qg° 5 4b (VOL. 9677, PGS. 166 -170) F .R. 8 v2 yy 1 F.I.R. C.P.S. NOTES: "r F.I.R. s'^+. 2 ,t• ry(` ' 6 d CLEAR VISION NOTE: 1. CITY PUBLIC SERVICE BOARD IS HEREBY DEDICATED THE EASEMENTS AND I R. ? S p�h O RIGHTS -OF -WAY FOR ELECTRIC AND GAS DISTRIBUTION AND SERVICE FACILITIES IN THE , '30.7'8 ° O 14.98' h' CLEAR VISION EASEMENTS MUST BE FREE OF VISUAL OBSTRUCTIONS (E.G. STRUCTURES, WALLS, FENCES, AND VEGETATION), WHICH ARE HIGHER THAN THREE (3) FEET AND LOWER THAN EIGHT (8) AREAS ANCHOR DESIGNATED ON'SERVICEL EASEMENT,ECTRIOVERHANGN EASEMENT,ASEUTILITY / ,pOp�.� �38. ?9 �� O �� FEET ABOVE THE PAVEMENT AS PER THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND EASEMENT," AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF INSTALLING, 0'L F 2 .� �1� •yti• 8' F.LR. 12 �1 7 0 TRANSPORTATION OFFICIALS (ASSHTO) POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, OR LATEST REVISION THEREOF. CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, 1 O• / S'O 3 ?`9S L 1°•3 PATROLLING, AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, / , 2 11 �� PIPELINES OR TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT �O 7g J` /� a ?'99),• �Y F.I.R. /1p/II THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK LAND, THE RIGHT TO RELOCATE SAID FACILITIES WITHIN SAID EASEMENT AND 1 7 2 A �3 �� MUNCIPAL AUTHORITY (C.C.M.A.) FOR WASTEWATER TREATMENT PLANT CAPACITY AND RIGHT AREAS, AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR O`� / ^rO S ^O�� / Q- O�� F.I.R. F.I.R. EASEMENTS. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT THE TIME OF CONNECTION WILL BE -OF -WAY PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE brp $ , ��• /� �• 7� b8 1 F.I.R. 9 A- CALCULATED AT SUBMITTAL OF BUILDING PERMIT APPLICATION. WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND 'C� 8 •dy,, / ,� „? /p`3 UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASEMENT AREA. �� V� 3 p�h'b ,7" S O /�`` SOS �$ `qC°� �� p S ^Oh °OA X30) �-k 2s O• 5� A, 49 _0 830 Ar. AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY 2. ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND lr3 �� 'V �Q-� 1 7 o 4 AS ?S• :h So' ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED OJ�C�� S'O0, /p°7 � 1 2 :4 7,9 O8F RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATION. 1j��C7e Q q Q 0 5 SO / g� n"4 oti �°�9� 1, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY (oe �, - `i' 3� R �pP��P ��' ��>> ?y ��o� -� 0 60 oa 3 U a ry Q "F `� �' CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY �^ C?• 4.� ® �� Q Q U 0 \�P .v�OC 5 b�ti 5 '� � tr09 Op 4 SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE �!o �� °O°j � P O 4 ry� QQ- �� SOON �3 S'y �/ B• ^�O' DESCRIBED BELOW. �s� Qnj Q^ (C Ca fq ^�1,/ ti ^ �p y�6 °�y p� 4i 9 $ 5 Q' C9 /�s Q2 po y06 ^� CITY ENGINEER 4. CONCRETE DRIVEWAY APPROACHES AND STEPS ARE ALLOWED WITHIN THE FIVE (5) nj0 S 6 / J� bB. yry 7 / F srS 14.15' FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY REAR LOT UNDERGROUND ELECTRIC AND GAS FACILITIES. / SO� (�Pry6yryk / ' SO -`$p p� / '� �^ / uS OB� S Sg 5 6 R9• 2.51' /rye /p 5. ROOF OVERHANGS ARE ALLOWED WITHIN FIVE (5) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC AND GAS FACILITIES ARE PROPOSED �O ^r0 / 1 °O°j 7 b1' S �6 / \�' 7� B„ C7 , RH /NEVALLEYSUBD /l/ /S /ONUN /T2 THIS PLAT OF THE HAS BEEN OR EXISTING WITHIN THOSE FIVE (5) FOOT WIDE EASEMENTS. 14'G.E.T.TV.E. 0A Or� OR1 `S >02 ? ;' 2S' / 13 �� 1 \4s°o' rye' F' �'�' SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING AND ZONING rypj F �\ / ' \ �� "� sag" �Nw /��74' COMMISSION OF THE CITY OF SCHERTZ, TEXAS AND IS HEREBY y�� 2 � so' R Q, g APPROVED BY SUCH COMMISSION. COUNTY OF BEXAR O�ti / o 1 T 11 Ik' L1 O° ^ y 13.45' DATED THIS DAYOF A.D. 20 1, (WE) THE OWNER(S) OF THE LAND SHOWN ON THIS PLAT, AND DESIGNATED , ` y cnw U q 129.06' o y So „� HEREIN AS THE RHINE VALLEY SUBDIVISION UNIT 2 OF SCHERTZ, TEXAS AND �� S23 °3435E �• s�� iy�O" ti� �� 69.78' G0 5� 5 ^ WHOSE NAME IS SUBSCRIBED HERETO, HEREBY DEDICATE FOR THE USE OF THE VARIABLE WIDTH WATER LINE ANDRIGHT TRANSMISSION S.I.R. WAYEASEMENT 19.93' 10 2 59.76' •oo, gy. PUBLIC FOREVER ALL STREETS, ALLEYS, PARKS, WATER COURSES, DRAINS, -OF- (VOL. 9899 PG. 559) ry� 00• h 50.09' CHAIRPERSON EASEMENTS, AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND No N '� `°c�, `� L1 CONSIDERATION THEREIN EXPRESSED. [g W 9 `S 113.77' / •4i �� 'o ° l 14 `o �� 5� '^ 9 ry� LOT 7, BLOCK 13 ° 1 o� BY. t Q. LK Z a.e'9 Ej 6 3 �� 10 �°j �' �`� PRIVATE OPEN SPACE AND > ,a W °= l ^ ti 6 ry VARIABLE WIDTH DRAINAGE SECRETARY THIS THE DAY OF ko Osr� 1 h 15 y� ^p 8 EASEMENT uj Uj �� P l . ?2 S7- 8F q 7 z 2 �� STATE OF TEXAS COUNTY OF BEXAR q Z ci F.I.R. I _ 9 O� 43 16 rime w � Q ' `roi° 51' 9� ^pip 40.76' L18 G� ' 15.14' '' F.LR. 1, COUNTY CLERK OF SAID COUNTY, DO OWNER: FRED DEVELOPMENT, LLC. 6V O 0 UJ 0 � 7z I 3 W � spy I �sq �2y /Ap1 ay\ 15.11' _ 1202 W. BITTERS, BLDG 1 SUITE 1200 SAN ANTONIO, TX 78216 _j J - N' 131- 114.67' A 3 c ^V� '3 - �? ' � GK T k i HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE, ON THE PHONE: 210 490 U) c')j (? °y /p0 12 A)'G9 1338 y S30 °06'05 "E 90.00' ?s, N6o° 58 N cn - -1798 FAX. 210- 493 -2811 N g P 14'G.E.T.'V.E. N= 8 (BOO 12q / 9 61 ILOT13 SB �, \ 0(1 38NJ 2co °55'32 1E �- DAY OF A.D. AT M. AND DULY U I 9 I S G 55 S29 °5532 "E S29 ?O N 60 °13' DETAIL "A" 6 S>7° o� 2S" 95.83' 96.12' \\ �s ��'� RHINE VALLEY SUBDIVISION RECORDED THE DAY OF A.D. AT M. IN THE RECORDS OF STATE OF TEXAS I 11g7faE �°� '�/ 0 18 F.I.R. COUNTY OF BEXAR SEE PAGE 2 OF 2 m 15 172 �� S S 12 �� 1 UNIT 1 l BEXAR COUNTY INBOOK /VOLUME PAGE S.LR. y ^ •�L 13 4 N 1 85' 1 � 2,12' N30 °06'05 "W (VOL. 9677, PGS. 166 -170) °55'32 "E °5532 "E BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY CQ (� _ ' 1 S29 S29 120.89' (6 8.10 IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, APPEARED KNOWN TO ME TO BE THE PERSON u� 8 j 120.00' 120.00' 19 °o P b c l'o al o 0 o BLOCK 13 THIS DAY OF A.D. WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND �} CO tw r` - 85.48' - L 29 °55324U 106.69' �' hl 2 9 11 l$ S30 °06'05 "E cV LOT 2, BLOCK 14 ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. LU VARIABLE Q LU WIDTH co M ST. VINCENT I S29 °5532 "E S29 °5532 E 120.63' N PEN PAGE COUNTY CLERK, BEXAR COUNTY, TEXAS LL G.E.T.TV.E. IZZ b 1 120.00' 120.00' $ 20 O 1 GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF �{ �� CL w - - WAY Q °5532"W of 3 ° 10 °o rh ° l S30 °06'05 E Z BY: DEPUTY A..D. Cgj I N29 106.44' O� 8 nl b °55'32 "W °5532"W 100.00' J Z ' U - 85.23'_ I Vp N29 N29 � 120.63' 120.00' w 120.00' � `�' 22.10' FLR.N29 °1139"W F.I.R. cj) eV g o BLOCK 21 low O N 9l 21 W 4s. " Q a 1 N O 16 V M N of 4 2 hl o 9 lLn cn J a l S30 °06'05 "E 120.71' J W cp NOTARY PUBLIC BEXAR COUNTY TEXAS I I S29 °5532 E W S29 °55'32 E 2 S29 °55'32 "E °0 70.71' 50.00' DETAIL 'B" p- N 121.19' l z 120.00' 120.00' °oo (/) z 25 0 STATE OF TEXAS SEE PAGE 2 OF 2 c. z O I 2 loo a4 hl 5 8 l z 50' 7 24 2 ° Q F 1,R l 25' 25' g 23 S COUNTY OF BEXAR m N29 °5532"W z 5 0� l S29 °5532 "E 529 °55'32 E 0 22 a '�' o a°i 1 1 THE UNDERSIGNED, A REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF O 120.98' ;� °0 lm 25' 25'l 120.00' 120.00' U W z p �' 8 3 6 0 7 m urya TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS q O o 5.43' o �° -' l 1 7 so' R ENGINEERS SURVEYING BEEN GIVEN TO THIS PLAT. ;5 ay c� W o m N29 °55'32 "W U W _ _ _ _ _ _ 48.35' a 3421 Paesanos Pkwy, Suite 200, San Antonio, TX 78231 b aC �+ 114.27' h l IN O 94.92' 105.05 ^ c 56.03' 50.00' 50.00' R ? Gry �"' S30 °06'05 E 204.38' G� °O6'05"W Phone #:(210) 979 -8444 Fax #:(210) 979 -8441 ew} 10.59' Uj N N30 199.97' TBPE Firm #: 9513 TBPLS Firm #: 10122300 REGISTERED PROFESSIONAL ENGINEER P.E. Ct x C7 w N 0 Q �; �, 4 P J - SARREBOURG ST. 4 ° W 10.53' 5 �sr FINAL SUBD /V/S/ONPLATESTABL/SH/NG KFW ENGINEERS ° oi % 0 T 63,E � g45 °a2 '� O G15 S30 °06'05 "E 557.82' `� 40.63' GZ� 4 3/ FI.R. RHINE VALLEY SUBDIVISION UNIT 2 z •112.18" �$ �S _ 50.00' 50.00' 50.00_ 50.00_ 61_00_ 52.98_ _50.00' 50.00' 50.00' 50.00' _ W STATE OF TEXAS CO 1 34 p0, _ _ 38 l O COUNTY OF BEXAR l 1 9.41' P A 15.2988 ACRE TRACT OF LAND IN THE CITY OF SCHERTZ, BEXAR 5 4 3.21' w w w w w l w w w w � w 3 COUNTY, TEXAS OUT OF THE MILES S. BENNETT SURVEY NO. 75, 1 HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM VARIABLE WIDTH I ry w 9 v, °n - h ' 12 ° • 2 h ' ° - u� o h o u� CD 2 ro - !n o h !n a !n �`'� h � !n '' o 8 9 `°c I `°� '0 19 W ABSTRACTNO. 61, COUNTY BLOCK 5057, THE JULIAN DIAZ SURVEY STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND G.E.T.TV.E. °4 p O� !r N $ , 7 °0 ,M o o o o 14 ;� ° 15 ;� ° 16 . ° 17 ;'� ° 18 c - N 6 n ' ^ LO ,� NO. 66, ABSTRACT NO. 187, COUNTY BLOCK 5059 AND THE WILLIAM SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND. , 6 m 5 . ° o a o ' o ' a 2 � � 2 ° ° o o l a - o ' o ' a h ° z z z z z z z v, ch BRACKEN SURVEY NO. 74, ABSTRACT NO. 43, COUNTY BLOCK 5056, i BLOCK 20 z z z 9 BLOCK 20 c) 6 BEXAR COUNTY, TEXAS AND BEING OUT OF A 137.51 ACRE TRACT TERESA A. SEIDEL l ' 00' S0. 50 ' OF LAND CONVEYED TO FRED DEVELOPMENT, LLC OF RECORD IN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5672 30'LANDSCAPEBUFFER ' 2 .51' 115. ' 44' 00' .00' S0. 1.00' 2.9 00' 30 °0522'E 844.15' F.I.R. VOLUME 15711 PAGE 1407 OF THE OFFICIAL PUBLIC RECORDS OF KEW SURVEYING, LLC & DRAINAGE EASEMENT S.I.R. SIR BEXAR COUNTY, TEXAS. 14603 HUEBNER RD. BLDG. 40 REMAINDER OF GRID: SAN ANTONIO, TEXAS 78230 110.58 A CRES N= 13740091.50 PHONE: 210 - 979 -8444 MILTON & BILLIE FRIESENHAHN VARIABLE WIDTH WATER TRANSMISSION E= 2211891.96 FAX." 210 - 979 -8441 LINE AND RIGHT -OF- WAY EASEMENT (VOL. 15867, PGS. 1756 O.P.R.) FIRM LICENSE NO. 10122300 (VOL. 9899 PG. 559) PAGE 9 �F 2 Date: Jun 13, 2016, 4.28pm User ID: SRanjbar File: P: k205ll4lO5V) esignICivilTiatTL2051405- FINAL.dwg SURVEYOR NOTES: 1. 1/2" DIAMETER REBAR WITH A BLUE PLASTIC CAP STAMPED "KFW SURVEYING" SET AT ALL CORNERS UNLESS NOTED OTHERWISE. 2. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM (NAD) OF 1983. 3. THE COORDINATES SHOWN HEREON ARE GRID WITH A COMBINED SCALE FACTOR OF 1.00017. 4. REFERENCED PROPERTY IS IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANUAL CHANCE FLOODPLAIN AS SCALED FROM FEMA FLOOD MAP 315 OF 785, COMMUNITY PANEL NO. 48029C0315F, DATED SEPTEMBER 29, 2010. 5. THE ELEVATIONS FOR THIS SURVEY ARE BASED ON NAVD88 (GEOID09). C.P.S. NOTES 1. CITY PUBLIC SERVICE BOARD IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ELECTRIC AND GAS DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT- "GAS EASEMENT- "ANCHOR EASEMENT- "SERVICE EASEMENT- "OVERHANG EASEMENT- "UTILITY EASEMENT- AND - TRANSFORMER EASEMENT- FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO RELOCATE SAID FACILITIES WITHIN SAID EASEMENT AND RIGHT -OF -WAY AREAS, AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASEMENT AREA. 2. ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATION. 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW. 4. CONCRETE DRIVEWAY APPROACHES AND STEPS ARE ALLOWED WITHIN THE FIVE (5) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY REAR LOT UNDERGROUND ELECTRIC AND GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN FIVE (5) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC AND GAS FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) FOOT WIDE EASEMENTS. COUNTY OF BEXAR 1, (WE) THE OWNER(S) OF THE LAND SHOWN ON THIS PLAT, AND DESIGNATED HEREIN AS THE RHINE VALLEY SUBDIVISION UNIT 2 OF SCHERTZ, TEXAS AND WHOSE NAME IS SUBSCRIBED HERETO, HEREBY DEDICATE FOR THE USE OF THE PUBLIC FOREVER ALL STREETS, ALLEYS, PARKS, WATER COURSES, DRAINS, EASEMENTS, AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. THIS THE DAY OF OWNER: FRED DEVELOPMENT, LLC. 1202 W. BITTERS, BLDG 1 SUITE 1200 SAN ANTONIO, TX 78216 PHONE: 210 - 490 -1798 FAX.' 210 - 493 -2811 STATE OF TEXAS COUNTY OF BEXAR BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF A.. D. NOTARY PUBLIC BEXAR COUNTY TEXAS STATE OF TEXAS COUNTY OF BEXAR 1 THE UNDERSIGNED, A REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN TO THIS PLAT. REGISTERED PROFESSIONAL ENGINEER , P.E. KFW ENGINEERS STATE OF TEXAS COUNTY OF BEXAR 1 HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND. TERESA A. SEIDEL REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5672 KFW SURVEYING, LLC 14603 HUEBNER RD. BLDG. 40 SAN ANTONIO, TEXAS 78230 PHONE: 210 - 979 -8444 FAX.' 210- 979 -8441 FIRM LICENSE NO. 10122300 KEYNOTES O1 LEGEND F.I.R. = FOUND 1/2" IRON ROD S.I.R. = SET 1/2" IRON ROD WITH BLUE CHORD CAP STAMPED 'KFW SURVEYING" R.O.W. = RIGHT -OF -WAY ESMT = EASEMENT O.P.R. = OFFICIAL PUBLIC RECORDS G.E.T.TV.E. = GAS, ELECTRIC, TELEPHONE, O6 CABLE T.V., EASEMENT SURVEYOR NOTES: 1. 1/2" DIAMETER REBAR WITH A BLUE PLASTIC CAP STAMPED "KFW SURVEYING" SET AT ALL CORNERS UNLESS NOTED OTHERWISE. 2. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM (NAD) OF 1983. 3. THE COORDINATES SHOWN HEREON ARE GRID WITH A COMBINED SCALE FACTOR OF 1.00017. 4. REFERENCED PROPERTY IS IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANUAL CHANCE FLOODPLAIN AS SCALED FROM FEMA FLOOD MAP 315 OF 785, COMMUNITY PANEL NO. 48029C0315F, DATED SEPTEMBER 29, 2010. 5. THE ELEVATIONS FOR THIS SURVEY ARE BASED ON NAVD88 (GEOID09). C.P.S. NOTES 1. CITY PUBLIC SERVICE BOARD IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ELECTRIC AND GAS DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT- "GAS EASEMENT- "ANCHOR EASEMENT- "SERVICE EASEMENT- "OVERHANG EASEMENT- "UTILITY EASEMENT- AND - TRANSFORMER EASEMENT- FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO RELOCATE SAID FACILITIES WITHIN SAID EASEMENT AND RIGHT -OF -WAY AREAS, AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASEMENT AREA. 2. ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATION. 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW. 4. CONCRETE DRIVEWAY APPROACHES AND STEPS ARE ALLOWED WITHIN THE FIVE (5) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY REAR LOT UNDERGROUND ELECTRIC AND GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN FIVE (5) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC AND GAS FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) FOOT WIDE EASEMENTS. COUNTY OF BEXAR 1, (WE) THE OWNER(S) OF THE LAND SHOWN ON THIS PLAT, AND DESIGNATED HEREIN AS THE RHINE VALLEY SUBDIVISION UNIT 2 OF SCHERTZ, TEXAS AND WHOSE NAME IS SUBSCRIBED HERETO, HEREBY DEDICATE FOR THE USE OF THE PUBLIC FOREVER ALL STREETS, ALLEYS, PARKS, WATER COURSES, DRAINS, EASEMENTS, AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. THIS THE DAY OF OWNER: FRED DEVELOPMENT, LLC. 1202 W. BITTERS, BLDG 1 SUITE 1200 SAN ANTONIO, TX 78216 PHONE: 210 - 490 -1798 FAX.' 210 - 493 -2811 STATE OF TEXAS COUNTY OF BEXAR BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF A.. D. NOTARY PUBLIC BEXAR COUNTY TEXAS STATE OF TEXAS COUNTY OF BEXAR 1 THE UNDERSIGNED, A REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN TO THIS PLAT. REGISTERED PROFESSIONAL ENGINEER , P.E. KFW ENGINEERS STATE OF TEXAS COUNTY OF BEXAR 1 HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND. TERESA A. SEIDEL REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5672 KFW SURVEYING, LLC 14603 HUEBNER RD. BLDG. 40 SAN ANTONIO, TEXAS 78230 PHONE: 210 - 979 -8444 FAX.' 210- 979 -8441 FIRM LICENSE NO. 10122300 KEYNOTES O1 10'G.E.T.TV. EASEMENT 2O 15' DRAINAGE EASEMENT OVARIABLE WIDTH R.O.W DEDICATION CHORD TO CITY OF SCHERTZ (0.0295 AC.) O4 VARIABLE WIDTH LANDSCAPE 60.00' EASEMENT BLK 23 VARIABLE WIDTH LANDSCAPE & O5 G.E.T.TV. EASEMENT O6 VARIABLE WIDTH CLEAR VISION 15.00' EASEMENT O7 10' CLEAR VISION EASEMENT ® 5'WALL MAINTENANCE EASEMENT O9 16' SANITARY SEWER EASEMENT 1� 5'G.E.T.TV. EASEMENT r------ - - - - -- ST. VIN Y VARIABLE WIDTH WATER TRANSMISSION DETAIL "A" LINE AND RIGHT -OF -WAY EASEMENT t CENT WA SCALE: V'= 50' (VOL. 9899 PG. 559) � I VARIABLE WIDTH 8 G.E.TTV.E. �- ° 4 Z LOT BLK 20 o� 8 CL J m I I 3 J I I o ,( Lore I BLK 20 VARIABLE WIDTH G.E.T.TV. L E. - - - - - - - - - - - - - - - - J rl=AII "Q" SGALL: 1" = bU' CURVE TABLE EASEMENT O10'G.E.T.TV. (VOL. 16923, PG. 1548) O5'G.E.T.TV. EASEMENT CHORD (VOL. 16923, PG. 1548) O40'DRAINAGE, AND G.E.T.TV.E. 60.00' EASEMENT BLK 23 (VOL. 9677, PGS. 166 -170) LOT 13 DRAINAGE EASEMENT O40' (VOL. 9677, PGS. 166 -170) r------ - - - - -- ST. VIN Y VARIABLE WIDTH WATER TRANSMISSION DETAIL "A" LINE AND RIGHT -OF -WAY EASEMENT t CENT WA SCALE: V'= 50' (VOL. 9899 PG. 559) � I VARIABLE WIDTH 8 G.E.TTV.E. �- ° 4 Z LOT BLK 20 o� 8 CL J m I I 3 J I I o ,( Lore I BLK 20 VARIABLE WIDTH G.E.T.TV. L E. - - - - - - - - - - - - - - - - J rl=AII "Q" SGALL: 1" = bU' CURVE TABLE CURVE / LOT 10 RADIUS 8 DELTA CHORD CHORD BEARING C1 171.25' 60.00' 414.65' BLK 23 118.76' LOT 13 C2 23.56' LOT 11 15.00' BLK 23 \ v N74 °5532"W BLK 23 LOT 12 125.00' Z 89 °4927" 30'LANDSCAPEBUFFER BLK 23 1 � 23.56' 15.00' AND DRAINAGE EASEMENT 90 °00'00" 21.21' 7 C5 ' 175.00' 53.40' N 102.15' 8 \ VARIABLE WIDTH LANDSCAPE 4 15.00' LOT 2 \ AND DRAINAGE EASEMENT N48'50'08 "E C7 BLK 16 15.00' 8.28' _ 14.49' N25 °02'57"W C8 LOT 2, BLK 16 A- 37.83' ` \ S.I.R. S71 °40'02 "W 234.39' ^� 23.56' 15.00' � 1049' 90 °00'00" 21.21' S41 °09'52 "E C10 74.04' 125.00' 38.14' 33 °56'13" 72.96' 14'G.E.T.TV.E. C26 24.18' i\ VARIABLE 92 °21'49" ROAD N13 °43'00 E C12 NEANDRIGHT-OF-WAY ENT 125.00' 5000 92 °3222" 180.65' 9899PG 6 OVVER L I 15.00' 15.05' � 3 F.I.R. N14'59'11 "E C14 22.56' 15.00' 14.03' 'moo I 20.49' N73 °11'24"W C15 10.20' 15.00' 5.31' 38 °58'47" 10.01' S49 °3529 "E C16 146.65' 50.00' ♦ I 99.46' N14 °5637 E C17 10.18' ' 00 5.30' 38 °5337" 9.99' r------ - - - - -- ST. VIN Y VARIABLE WIDTH WATER TRANSMISSION DETAIL "A" LINE AND RIGHT -OF -WAY EASEMENT t CENT WA SCALE: V'= 50' (VOL. 9899 PG. 559) � I VARIABLE WIDTH 8 G.E.TTV.E. �- ° 4 Z LOT BLK 20 o� 8 CL J m I I 3 J I I o ,( Lore I BLK 20 VARIABLE WIDTH G.E.T.TV. L E. - - - - - - - - - - - - - - - - J rl=AII "Q" SGALL: 1" = bU' CURVE TABLE CURVE LENGTH RADIUS TANGENT DELTA CHORD CHORD BEARING C1 171.25' 60.00' 414.65' 163 °31'58" 118.76' N23 °26'10 E C2 23.56' 15.00' 15.00' 90 °00'00" 21.21' N74 °5532"W C3 195.97' 125.00' 124.62' 89 °4927" 176.51' S75 °0049 E C4 23.56' 15.00' 15.00' 90 °00'00" 21.21' N75 °06'05"W C5 103.65' 175.00' 53.40' 33 °56'13" 102.15' N76'52'01 "E C6 23.56' 15.00' 15.00' 90 °00'00" 21.21' N48'50'08 "E C7 15.12' 15.00' 8.28' 57 °46'09" 14.49' N25 °02'57"W C8 309.49' 60.00' 37.83' 295 °32'17" 64.00' N86 °09'52"W C9 23.56' 15.00' 15.00' 90 °00'00" 21.21' S41 °09'52 "E C10 74.04' 125.00' 38.14' 33 °56'13" 72.96' N76'52'01 "E C11 24.18' 15.00' 15.63' 92 °21'49" 21.65' N13 °43'00 E C12 201.89' 125.00' 130.67' 92 °3222" 180.65' S13 °48'17 "W C13 23.61' 15.00' 15.05' 90 °10'33" 21.25' N14'59'11 "E C14 22.56' 15.00' 14.03' 86 °10'39" 20.49' N73 °11'24"W C15 10.20' 15.00' 5.31' 38 °58'47" 10.01' S49 °3529 "E C16 146.65' 50.00' 477.69' 168 °02'57" 99.46' N14 °5637 E C17 10.18' 15.00' 5.30' 38 °5337" 9.99' S79 °31'16 "W C18 23.56' 15.00' 15.00' 90 °00'00" 21.21' S15 °04'28 "W C19 117.58' 75.00' 74.77' 89 °4927" 105.90' S75 °00'49 E C20 118.04' 75.00' 75.23' 90 °10'33" 106.23' S14 °59'11 "W C21 23.52' 15.00' 14.95' 89 °4927" 21.18' N75 °00'49"W C22 39.35' 25.00' 25.08' 90 °10'33" 35.41' N14 °59'11 E C23 15.12' 15.00' 8.28' 57 °46'09" 14.49' S32 °43'12 "W C24 60.68' 60.00' 33.22' 57 °5655" 58.13' N87 °18'16"W C25 46.81' 60.00' 24.67' 44 °41'46" 45.63' N52 °2658"W LINE TABLE LINE LENGTH BEARING L1 30.02' N4 °15'57 "E L2 10.00' S86 °09'52 E L3 50.00' N3 °50'08 "E L4 24.41' N15 °12'09 "E L5 30.01' S87 °5728 E L6 10.00' N86 °09'52 "W L7 42.61' N15 °04 28 "E L8 42.25' N74 °5532 "W L9 27.90' N60 °01'58 "E L10 13.04' N24 °42'00 "W L11 13.04' N32 °22'15 "E L14 29.87' N74 °5532 "W L15 30.13' N15 °0428 "E L16 32.98' N71 °40'02 "E L17 14.96' N60 °0428 "E L18 4.23' S30 °06'05 E NOTES: 1. NO STRUCTURE, FENCES, WALLS OR OTHER OBSTRUCTIONS THAT IMPEDE DRAINAGE SHALL BE PLACED WITHIN THE LIMITS OF THE DRAINAGE EASEMENTS SHOWN ON THIS PLAT. NO LANDSCAPING OR OTHER TYPE OF MODIFICATIONS, WHICH ALTER THE CROSS - SECTIONS OF THE DRAINAGE EASEMENTS, AS APPROVED, SHALL BE ALLOWED WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS. THE CITY OF SCHERTZ SHALL HAVE THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT PROPERTY TO REMOVE ANY IMPEDING OBSTRUCTIONS PLACED WITHIN THE LIMITS OF SAID DRAINAGE EASEMENTS AND TO MAKE ANY MODIFICATIONS OR IMPROVEMENTS WITHIN SAID DRAINAGE EASEMENTS. ALL SAID DRAINAGE EASEMENTS WITHIN SAID LOTS SHALL BE PRIVATELY MAINTAINED BY PROPERTY OWNERS. 2. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 3. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF THE OWNER OR OWNERS SUCCESSORS AND/ OR ASSIGNS. 4. TWO POINTS OF ACCESS SHALL BE MAINTAINED AT ALL TIMES. 5. THIS PLAT CONSISTS OF 70 BUILDABLE LOTS, 47 SF 50 LOTS AND 23 SF 45 LOTS. 6. ACCORDING TO FEMA FLOOD INSURANCE RATE MAP 315 OF 785, COMMUNITY PANEL NO. 48029C0315F, DATED SEPTEMBER 29, 2010. THE SUBJECT PROPERTY IS NOT WITHIN THE 100 -YR FLOODPLAIN. 7. LANDSCAPE AND WALL EASEMENTS WILL BE MAINTAINED AND IRRIGATED BY THE HOME OWNERS ASSOCIATION. 8. LOT 2, BLOCK 16, LOT 7, BLOCK 13, LOT 17, BLOCK 13, LOT 1, BLOCK 22, LOT 13, BLOCK 21 ARE THE RESPONSIBILITY OF THE DEVELOPER OR ITS SUCCESSORS AND /OR ASSIGNS. 9. ALL LOTS ARE TO BE UTILITY SERVICED FROM THE FRONT OF THE LOTS ADJACENT TO THE STREET. 10. WALL MAINTENANCE EASEMENT WILL BE MAINTAINED BY THE HOMEOWNER'S ASSOCIATION. THE PLACEMENT OF OBSTRUCTIONS, FENCES AND /OR PERMANENT STRUCTURES BY THE LOT OWNER SHALL BE PROHIBITED WITHIN SAID EASEMENT. CLEAR VISION NOTE CLEAR VISION EASEMENTS MUST BE FREE OF VISUAL OBSTRUCTIONS (E.G. STRUCTURES, WALLS, FENCES, AND VEGETATION), WHICH ARE HIGHER THAN THREE (3) FEET AND LOWER THAN EIGHT (8) FEET ABOVE THE PAVEMENT AS PER THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (ASSHTO) POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, OR LATEST REVISION THEREOF. THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNCIPAL AUTHORITY (C.C.M.A.) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT THE TIME OF CONNECTION WILL BE CALCULATED AT SUBMITTAL OF BUILDING PERMIT APPLICATION. AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY 1, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITYAS TO WHICH THIS APPROVAL IS REQUIRED. CITY ENGINEER THIS PLAT OF THE RH /NE VALLEYSUBDIVIS /ON UNIT2 HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF SCHERTZ, TEXAS AND IS HEREBY APPROVED BY SUCH COMMISSION. DATED THIS DAY OF A.D. 20 BY: CHAIRPERSON BY: SECRETARY STATE OF TEXAS COUNTY OF BEXAR 1, COUNTY CLERK OF SAID COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE, ON THE DAY OF A.D. AT M. AND DULY RECORDED THE DAY OF A.D. AT M. IN THE RECORDS OF BEXAR COUNTY IN BOOK/VOLUME PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF A.D. COUNTY CLERK, BEXAR COUNTY, TEXAS BY: DEPUTY I*V ENGINEERS + SURVEYING 3421 Paesanos Pkwy, Suite 200, San Antonio, TX 78231 Phone #: (210) 979 -8444 • Fax #: (210) 979 -8441 TBPE Firm #: 9513 • TBPLS Firm #: 10122300 FINAL SUBDIVISIONPLATESTABLISHING RHINE VALLEY SUBDIVISION UNIT 2 A 15.2988 ACRE TRACT OF LAND IN THE CITY OF SCHERTZ, BEXAR COUNTY, TEXAS OUT OF THE MILES S. BENNETT SURVEY NO. 75, ABSTRACTNO. 61, COUNTY BLOCK 5057, THE JULIAN DIAZ SURVEY NO. 66, ABSTRACT NO. 187, COUNTY BLOCK 5059 AND THE WILLIAM BRACKEN SURVEY NO. 74, ABSTRACTNO. 43, COUNTY BLOCK 5056, BEXAR COUNTY, TEXAS AND BEING OUT OF A 137.51 ACRE TRACT OF LAND CONVEYED TO FRED DEVELOPMENT, LLC OF RECORD IN VOLUME 15711 PAGE 1407 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY. TEXAS. Date: Jun 13, 2016, 4.29pm User ID: SRanjbar File: P: k205ll4lO5V) esignICivilTiatTL2051405- FINAL.dwg PAGE 2OF2 City of Schertz P I a n n i n Attn: Emily Grobe Re: Rhine Valley Subdivision, Unit 2 Plat extension request The Final Plat for Rhine Valley Unit 2 was approved by Schertz Planning & Zoning commission on September 14, 2016. During this time we have started construction and have made significant progress, however, we have run into utility conflicts along Lower Seguin which have caused significant delays to the project. Due to these unforeseen circumstances and delays beyond the owner's control, we are submitting this request for a six month extension • the plat. Sincerely, KFW Engineers & Surveying Fred DeveI9,prn-e9t, LLC Bqft,W611mann, P.E. rdo Director of Residential Services reW TO: Planning and Zoning Commission PREPARED BY: Emily Grobe, Planner CASE: ZC2018 -005 - Northwest Corner of FM 1518 and W. Schaefer Rd — Zoning R -A and GB to NS SUBJECT: Hold a public hearing, consider and make a recommendation to City Council on a request to rezone approximately 1.8 acres of land from Single - Family Residential / Agricultural District (R -A) and General Business District (GB) to Neighborhood Services (NS) located northwest of the intersection of FM 1518 and West Schaefer Road. GENERAL INFORMATION: Owner: Estate of Antonia A. Ramirez Applicant: Linfield, Hunter & Junius, Inc APPLICATION SUBMITTAL DATE: / Casey M. Genovese, Spencer Marston August 30, 2018 (Original Application) September 5, 2018 (Revised Application) PUBLIC NOTICE: Fourteen (14) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject properties on August 30, 2018 with a public hearing notice to be published in the "San Antonio Express" prior to the City Council public hearing. At the time of this staff report, staff has received zero (0) responses in favor, opposed, or neutral to the request. ITEM SUMMARY: The applicant is proposing to rezone approximately 1.8 acres of land generally located north west of the intersection of FM 1518 and West Schaefer Road, from Single - Family Residential / Agricultural District (R -A) and General Business District (GB) to Neighborhood Services District (NS). Currently, 1.032 acres of the subject property is zoned General Business (GB). The other 0.672 acres is currently zoned Single - Family Residential / Agricultural (RA). Zoning I Land Use Existing Single- Family Residential /Agricultural Vacant / Undeveloped District (R -A) and General Business District (GB) borhood Services (NS) I Commercial / Retail Adjacent P Zonina I Land Use North Single- Family Residential /Agricultural District Vacant / Undeveloped (R -A) and General Business District (GB) South Right -of -Way W. Schaefer Road East Right -of -Way FM 1518 West Single- Family Residential / Agricultural Vacant Land District (R -A) GENERAL LOCATION AND SITE DESCRIPTION: The subject area is generally located North West of the intersection of FM 1518 and West Schaefer adjacent to FM 518 and 295 feet adjacent undeveloped land. Road. The Subject property extends approximately 172 feet to West Schaefer Road. The subject property consists of PROPOSED ZONING: The proposed rezone is for approximately 1.8 acres of land from Single - Family Residential / Agricultural District (R -A) and General Business District (GB) to Neighborhood Services District (NS). CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Comprehensive Land Use Plan (CLOP) through the Future Land Use Plan and Schertz Sector Plan designates the subject property as Mixed Use Neighborhood. The objectives for Mixed Use Neighborhood encourages a mix of residential uses as well as limited commercial development to support the daily activities of the area. • Comprehensive Plan Goals and Objectives: The proposed rezoning is generally in conformance with the goals and objectives of the Comprehensive Plan. The proposed zone change supports the commercial use that the Future Land Use Plan calls for in this area. Neighborhood Services zoning district would allow for the limited commercial uses desired by the Future Land Use Plan and Comprehensive Land Plan. • Impact of Infrastructure: The proposed rezoning should have a minimal impact on the existing water system. Currently there is an 8" waterline within Schaefer Road and a 12" waterline adjacent to FM 1518. The subject property does not currently have sanitary sewer infrastructure. Impact of Public Facilities /Services: The proposed rezoning should 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 vacant land and right of way, outside of the adjacent vacant / undeveloped land there is a commercial business, and an existing single - family residential home. Across the West Schaefer Road right of way there is an existing single family residential subdivision. The proposed Neighborhood Services zoning is intended to provide suitable areas for the development of certain service and retail uses in proximity to residential neighborhoods. The Neighborhood Services zoning district is designed to be adjacent to single - family residential as a buffer to more intense land uses. 2 STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive Land Use Plan section which reviews this portion of Schertz was adopted in 2002, however the 2013 Schertz Sector Plan amendment to the Comprehensive Land Use Plan focusing on the northern and southern areas of Schertz examined the area where the subject property is located. The Schertz Sector Plan amendment identified this property as Mixed Use Neighborhood. The Comprehensive Land Use Plan describes Mixed Use Neighborhood as a mix of residential uses as well as limited commercial development to support the daily activities of development. Neighborhood Services District would be considered a commercial classification that would allow for limited non - residential development. The current zoning on the property is split between Single - Family Residential / Agricultural and General Business. Approximately 1.032 acres of the proposed 1.704 acre rezone is currently zoned General Business (GB). The proposal to rezone to Neighborhood Services District is more consistent with the Comprehensive Land Use Plan and the adjacent residential than the existing General Business District. Per the Permitted Use Table within the Unified Development Code only 34 land uses are allowed by right in the Neighborhood Services District. This is compared to the next level of intensity commercial, General Business District, which allows 69 land uses by right. Some of the land uses that would be allowed currently on the portion of the property that is zoned General Business that would no longer be allowed if this zone change to Neighborhood Services were approved include Dance Hall / Night Club, Heavy Equipment Sales, Service or Rental, Hotel / Motel, Laundromat, Pawn Shop, and Tavern. The proposed Neighborhood Services District limits the number of land uses permitted by right to account for the bordering residential that is typically seen adjacent to Neighborhood Services zoned property. In keeping with the commercially desired land use described in the Comprehensive Land Use Plan, Neighborhood Services District would allow for the limited non - residential development that would be more appropriate and compatible with the single - family residential used and zoned property in the proximity than a more intensive commercial zoning district such as General Business which, roughly the first 200 feet from FM 1518 into the subject property is currently zoned. The proposed zoning of Neighborhood Services District would provide for commercial uses that are appropriate and compatible with the adjacent residential properties and the adjacent commercial business. Additionally, Neighborhood services provides the opportunity for limited service and retail uses to more conveniently accommodate the needs of the nearby residential uses. Staff recommends approval of the proposed rezoning 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 proposed 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 Aerial Exhibit 3 a 10725 E FM 1518 N (308372)j1 E FM 1518 N (308371) �1 Q i� e d'in NN �w E FM 1518 N (1185849) E ��18A 6l 10580 E FM 1518 N (309822).. 0 0 0 -x 0' 100' 200' 11 "x17" SCALE: 1" =100' &5 "x11" SCALE: N.T.S. —�( . / 200' NOTIFICATION Vii" / AREA BOUNDARY /—PROPOSED UNE ©I �CURRENf BB ZONING BOUNDARY U UNE Sol 4 N� 11 OR PROPERTY UNE 7//, 7 x '* n f m 5 ,.._._... , - 5••-69"92'28 W 296.0' Cb� W. SCHAEFER RD. 24' ASPHALT / 45;t.R:O:W."PER PLAT DOC. NO. 20120232943 O.P.R.B.C.T. / 60' OCCUPIED R.O.W. .e I i 200' NOTIFlCATION ;AREA BOUNDARY t r � I .�_— — — — — — — — ------ - - - - -- ,.,^li OWNER: ESTATE OF ANTONIA A. RAMIREZ 418 PARKVIEW DRIVE UNIVERSAL CITY, TX 78148 (210)725 -5768 \ s \ I 15' WATER UNE EASEMENT PER 5088/1896 O.P.R.B.C.T. I N I o I H I I I I I I II / / PROJECT LOCATION NWC OF FM 1518 & W. SCHAEFER RD. VICINITY MAP SCALE: 1 "= 1,500' PROPERTY INFORMATION TABLE PROPERTY ID# 308371 OVERALL ACREAGE ±1.704 ACRES ACREAGE CURRENTLY ZONED GB TO BE REZONED TO NS ±1.032 ACRES ACREAGE CURRENTLY ZONED R -A TO BE REZONED TO NS ±0.672 ACRES FLOOD ZONE: THE SUBJECT TRACT LIES IN ZONE "X ", AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN PER FIRM (FLOOD INSURANCE RATE MAP) MAP NO. 48029CO295F WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2010. LEGEND PORTION CURRENTLY ZONED R -A TO � BE REZONED TO NS PORTION CURRENTLY ZONED GB TO BE REZONED TO NS PROPERTY LINE PROPERTIES WITHIN 200 -FOOT NOTIFICATION AREA PROPERTY OWNER NAME PROPERTY ID # ADDRESS ADDRESS ZONING SUBDIVISION NAME RECORDING INFORMATION DENISE TERESA TORRES 1185741 11705 CYPRESS BARN, SINGLE FAMILY R -6 WILLOW GROVE VOL, 16482, PAGE 2075, DEED # SCHERTZ, TX 78154 20130257118 11709 CYPRESS BARN, VOL, 18513, PAGE 1657, DEED # DERRICK & CHRISTINA BROWN 1185740 SCHERTZ, TX 78154 SINGLE FAMILY R -6 WILLOW GROVE 20160252827 11713 CYPRESS BARN, VOL. 16959, PAGE 491, DEED # C1 JAMES E. & PATRIZIA E. DODSON 1185739 SCHERTZ, TX 78154 SINGLE FAMILY R -6 WILLOW GROVE 20140196434 10516 PECAN BR., SCHERTZ, VOL, 16706, PAGE 0632, DEED # JUAN CARLOS TIENDA 1185738 TX 78154 SINGLE FAMILY R -6 WILLOW GROVE 20140091571 FRED DEVELOPMENT, LLC 1185848 1202 W. BITTERS RD, SUITE VACANT LAND GB LJ 1200, SAN ANTONIO, TX 78216 6219 E. TEXAS ST., LOT 89, BENNIE R. & MATTIE BYLEY 309822 BOSSIER CITY, LA 71111 STORAGE YARD GB 5164 EAGLE VALLEY ST., GD APPR GEO #30 VOL. 16820, PAGE 1279, DEED # ❑7 BRANDON MCGARRELL 308418 SCHERTZ, TX 78108 RURAL GB RUR AC 20140139407 ® JOROGADA ENTERPRISES, INC. 308420 P.O. BOX 296, CONVERSE, TX RURAL R -A GD APPR GEO#30 VOL. 17629, PAGE 2174, DEED # 78109 RUR AC 20150250421 19 RONALD C. & CAROL E. SPANLEY 308372 116 AGARITA CIRCLE, CIBOLO, DAY CARE CENTER GS & R -A VOL. 4892, PAGE 1211, DEED # TX 78108 0 11685 SCHAEFER RD., GD APPR GEO#30 VOL. 19044, PAGE 1349, DEED # 10 THOMAS W. & DONALD W. CRAIG 1176443 SCHERTZ, TX 78154 RURAL R -A RUR AC 20180051264 11 C] ESTATE OF ANTONIA RAMIREZ 308371 PARKVIEW DR. VACANT LAND GB & R -A V418 UNIERSAL CITY, TX 78148 U z a3 d z W W 5 Z C7 F �w�oo ¢ < w oz REV. NO. DATE ® ® ® ® 7 -19 -1 —8 8 -01 -18 8 -14 -18 8 -29 -18 A 8 -31 6 of ry W LL W = U) v XXXQ LU O LLI LL c') W O U z NO. 18 -059 07/05/2018 z Q CL W f- Cn W z O N W w 11 OF 1 TO: Planning and Zoning Commission PREPARED BY: Planning & Community Development, and City of Schertz Fire Department CASE: ZC2018 -004 — UDC Amendment to Article 8 Section 21.8.2 to remove subsections relating to accessory buildings and structures and associated Code of Ordinance amendment SUBJECT: Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), to Article 8 Special Uses and General Regulations, Subsection 21.8.2 Accessory Buildings, Uses and Structures and associated Code of Ordinance amendment *Tabled at the August 22nd P &Z Meeting* Update based on the August 22nd Plannina & Zonina Commission Meetina: At the August 22, 2018 Planning & Zoning Commission meeting, the Fire Department and Planning Division gave a presentation on the proposed language and concept that staff had created. During the presentation staff made the recommendation to have a joint workshop / discuss with the City Council and the Planning & Zoning Commission in order to determine the most appropriate amendments to the Unified Development Code and the Code of Ordinances. The Planning & Zoning Commission motioned and approved to table the item until a joint session could be conducted. The joint workshop / discussion has been scheduled for the September 11, 2018 City Council meeting. Previous Information based on the Auaust 8t" Plannina & Zonina Commission Meetina and Staff Discussions thereafter: At the August 8, 2018 Planning & Zoning Commission meeting, the Fire Department and Planning Division gave a presentation on the concept that staff had created on the proposed update on the requirements for accessory buildings and structures. From this presentation City staff requested that the Commission table the item to ensure that the most thorough and appropriate language be prepared before proceeding forward. The Planning & Zoning Commission discussed some of their concerns to include, the reinstatement of permits for all shed to ensure proper placement and construction, adequate spacing for emergency services to operate, and ensuring that the proposed language would be easily understood. From the August 8th meeting, the Planning Division, Inspections Division, and the Fire Department met to discuss the most thorough UDC and Code of Ordinance language that ensured the concept was being conveyed. From this meeting the following UDC language is being proposed: D. An accessory building or structure may not be located less than ten feet (10') from the main building, unless it is located directly behind the main building, in which case the accessory building or structure may be less than ten feet (10'), including adjacent to the main building. Staff feels that this language adequately describes the areas that an accessory building or structure is allowed. Staff is recommending the following UDC changes: • Deletion of existing Article 8 Section 21.8.2. D: D. No accessory building, use or structure may be closer than ten feet (10) to the main building. In order to replace with the proposed language above • Deletion of existing Article 8 Section 21.8.2.1: 1. The minimum separation between a main structure and detached accessory building, use or structure other than a carport shall be ten feet. • Addition of a subsection that states: Accessory buildings, uses, and structures shall conform to applicable provisions of the Building Code and Fire Code. Additionally staff is proposing the following Code of Ordinance changes: Deletion of part of Sec. 18 -61 Amendments subsection 7: o 7. One story detached accessory structures used as l enrage- shheds, playhouses, and similar uses on the same lot as a one or two family dwelling; provided the floor area is 120 square feet or less and the structure can be moved if necessary, except where located in a flood hazard area • a. The foundation for a detached accessory structure, -4 , playhouses and similar uses, if any, will require a flatwork permit; and the location and placement of the accessory structure shall comply with Article 8 of the Schertz Unified Development Code. • b. Areas located in floodplain hazard areas will require permits. By removing this Code of Ordinance section which provided the exemption for sheds smaller than 120 square feet, staff is proposing to reinstate permits for all Accessory Structures. Addition of Sec. 18 -61 Amendments, Subsection under R302 -Fire Resistant Construction, Subsection R302.1 Exterior Walls, Exceptions Number 6: o Any accessory building (for example sheds and garages) located closer than ten feet (10) to a dwelling unit must have a minimum one hour fire resistance rating on any projection or wall parallel to the dwelling unit. One hour fire resistance rating must be in accordance with ASTM E 119 or UL 263. This building code exception is being proposed to ensure that any accessory structure closer than the specified ten feet (10') is required to install a minimum one hour fire resistance rating on any projection or wall parallel to the residential structure. • Addition of Sec. 30 -82, Subsection IFC- Sec. 611 Accessory Buildings, Subsection 611.1 o Any accessory building (for example sheds and garages) located closer than ten feet (10) to a dwelling unit must have a minimum one hour fire resistance rating on any projection or wall parallel to the dwelling unit. One hour fire resistance rating must be in accordance with ASTM E 119 or UL 263. This fire code amendment is being proposed to ensure that any accessory structure closer than the specified ten feet (10') is required to install a minimum one hour fire resistance rating on any projection or wall parallel to the residential structure. It is the opinion of the Fire Department, Chief Building Official, and the Planning Division that the proposed amendments to the Unified Development Code and the Code of Ordinances as presented is the most appropriate way to ensure the desired separation and flexibility is being met. Previous Information from the July 25th Planning & Zoning Commission Meeting and the August 8th Staff Report: At the July 25, 2018 Planning & Zoning Commission meeting, the Fire Department and Planning Division gave a presentation in regards to the separation requirements for accessory buildings and structures from the main building and the property line. The Fire Department expressed concerns with the proposal to eliminate the separation requirements, due to this distance being needed for operational space for emergency services and also providing a separation distance for fire spread. The Planning & Zoning Commission and staff had a discussion in regards to the proposed UDC amendment, and what the Commission felt was most appropriate in regards to the separation requirements. The Commission highlighted several points for staff to review and bring a differing UDC amendment proposal forward. These included, no accessory buildings or structures within the side yard, keeping the ten foot (10') separation requirement from the main building, allowing for the accessory building or structure to be located closer than ten feet (10') but only in the rear yard, and maintain the three foot (3') separation from all property lines. The Planning & Zoning Commission voted to table the item for staff to review the proposed alteration from the Commission and bring forward an altered UDC Amendment for their review. The Planning Division and Fire Department met after the July 25th meeting to discuss altered language to present to the Commission for their recommendation to the City Council. From that meeting it was determined the most appropriate change is to allow for increased flexibility but maintain the needed operational space and separation distance would be to propose an option for residents wishing to install an accessory structure or building. Staff has created the following proposed UDC Amendment: D. An accessory building or structure may not be located less than ten feet (10') from the main building, unless it is located directly behind the main building, in which case the accessory building or structure may be less than ten feet (10'), including adjacent to the main building. When located less than 10 feet from the rear of the main building a minimum one hour fire rating of the accessory building or structure is required. Additionally, from the conversations at the July 25th Planning & Zoning Commission meeting and staff discussions thereafter, staff feels that it is most appropriate to reinstate shed permits for any resident that is proposing to install an accessory building or structure closer than the ten feet (10'). This requires an amendment to the Code of Ordinances Sec.18 -61 — Amendments, R105.2 Work exempt from permit. Staff is proposing the following language be added to this section: 7. One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses on the same lot as a one or two family dwelling; provided the floor area is 120 square feet or less and the structure can be moved if necessary, except where located in a flood hazard area or when a fire rating i s required. By proposing this modification to the Code of Ordinances it helps to ensure that if a resident is proposing to install an accessory building or structure closer than the required ten feet (10') that the one hour fire rating requirement will be met. Previous Information from the July 25, 2018 Planning & Zoning Commission Staff Report: At the July 10, 2018 Regular City Council Meeting the Planning Division and Fire Department gave a presentation regarding building separation and setbacks in relation to accessory structures. The presentation included the history of the UDC requirement, and staff's interpretation of the code language and reasoning for the separation. After the presentation, City Council members and staff had a discussion on the requirements for separation. Based on the commentary that was provided by the City Council, which can be seen on the City Council video for the July 10, 2018 meeting starting at approximately 1 hour, 13 minutes into the meeting video, staff was given the directive to bring forward a UDC amendment to eliminate the separation distance requirements from the UDC in order to provide for more flexibility for the residents of Schertz. On June 25, 2018 the Board of Adjustment (BOA) heard four cases, submitted by residents, within the Fairways of Scenic Hills that had installed an accessory structure, specifically a residential shed adjacent to their homes in the side yards that is in violation of the three feet (3') common property line setback and ten feet (10') building separation requirements in the Unified Development Code (UDC). The Board of Adjustment denied all four cases. Since the four variances cases were heard, the City has been notified of 13 properties within the Northcliffe Golf Course area, with sheds that are in violation of the separation requirement. On June 26, 2018 the Acting City Manager sent an email notifying City Council of the results of the BOA meeting and explaining the potential for resident frustration on the matter. Councilman Davis requested a discussion on the setback/separation requirement at the July 10, 2018 regular City Council meeting. The current UDC, Article 8, Section 21.8.2.C. & D. Accessory Buildings, Uses and Structures, states that accessory structures shall be set back three feet (3') from common property lines and shall be located no closer than ten feet (10') from the main building. This code requirement pre -dates the adoption of the City's first UDC in 1996. The same separation requirements have been in place since the adoption of the 1974 Zoning Ordinance. Which stated: "Accessory buildings as permitted herein may be allowed in required side yards, provided, however that no accessory building may be closer than ten feet (10') to any main building on the same lot, nor closer than three feet (3') to a common property line." This requirement has remained in effect, with the same general language since the zoning ordinance was adopted in 1974. It is Staff's interpretation that this requirement was originally adopted by the City to address life safety concerns related to fire. The 10' separation between a single family home and a shed is a local code and is not a requirement in the 2012 International Fire Code or the 2012 International Residential Code which the City currently operates under as well. It is the opinion of the Fire Department that the separation requirements are in place due to life safety concerns based on the proximity of accessory structures to property lines and main structures. Specifically, the requirements are in place in order to protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the City. The Fire Department's position is that the required separation distance allows for increased operational ability; safety of first responders; safety for adjacent residents and safety of the resident installing the accessory structure adjacent to their own home. In general, setback requirements are also in place for aesthetic purposes. Typical residential lot setbacks provide for a more open, inviting atmosphere for a neighborhood. The separation distance for accessory buildings to the main structure is for very similar reasons, to encourage that sense of space and openness for both the adjacent neighbor and the community as a whole. The Planning & Community Development Department is uncomfortable removing all of the separation regulations. Both the Inspection and Planning staff feel that the 3' foot setback from the common property line allows for an open unobstructed area for stormwater drainage between properties, access for fire personnel, as well as helps maintain the aesthetic integrity of the neighborhood. STAFF RECOMMENDATION: Planning & Community Development Department staff and the Fire Department staff feel that the updated UDC amendment and Code of Ordinances amendment, based on the July 25th and August 8th Planning & Zoning Commission meetings and the Commissions suggestions, satisfies the desire for increased flexibility while maintaining the necessary operational space for emergency services and the desired separation from accessory structures to adjacent properties. Planning & Community Development and the Fire Department recommend approval of the proposed UDC Amendment and Code of Ordinances Amendment as presented. Per the request of the City Council, City staff is bringing this UDC amendment to the Planning & Zoning Commission for review and recommendation. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission in making a recommendation to City Council on the proposed Unified Development Code Amendments. In considering action on a UDC Amendment, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachment: City Staff Proposed UDC Amendment City Staff Proposed Code of Ordinances Amendment City Staff Proposed UDC Amendments: A. No accessory building, use or structure shall be permitted without a primary use or structure. B. Accessory buildings, uses and structures as permitted herein shall comply with the maximum impervious coverage restrictions contained in zoning regulations, and the number of accessory uses /structures on lots of less than' /2 acre is limited to a maximum of three (3). C. Accessory buildings, uses or structures shall be set back three feet (3') from common property lines and may not be located within an easement. D. An accessory building or structure may not be located Less than ten feet (10') from the mein building, unless it is located directly behind the main building, in which case the accessory building or structure may be less than ten feet (10'), including adjacent to the main building. E. No detached accessory building, use or structure shall be allowed in the front yard. F. Attached accessory buildings, uses or structures shall comply with the front, side and rear setbacks and height restrictions established for the primary structure and /or this section. G. The wall height of the accessory building, use or structure shall be limited to not more than eight feet (8') and total accessory building, use or structure height shall not exceed fifteen feet (15'). This is only applicable to platted subdivisions with a specific lot size e.g. eighty feet (80') by one hundred feet (100') and is not intended to be applicable for one -owner multiple acre residence. In this instance, a variance is not required and the total accessory building, use or structure height cannot exceed thirty -five feet (35'). H. Accessory buildings, uses or structures that are accessory to a principal residential use on the same lot shall require administrative Site Plan approval prior to building permit issuance. J L The minimum separation between the main building and an in- ground or above - ground pool, spa, hot tub, playhouse, sauna or gazebo which does not exceed one story in height may be less than ten feet (10') if the accessory building, use or structure is contiguous with or an integral part of the main building, and /or the accessory building, use or structure is engineered by a professional engineer to ensure the integrity of the existing (main building) foundation. 1. Such plans indicating the design for any such structure shall be submitted to the Building Inspector for review in connection with the issuance of a building permit; and 2. Setback distances for in- ground or aboveground pools, spas, hot tubs and saunas shall be measured to the outside edge of the beam (structural edge) of the pool, spa, etc. J. Detached equipment and appliances in commercial and manufacturing districts shall be located immediately adjacent to the principal building. K. Detached accessory buildings, uses or structures in commercial and manufacturing districts shall be constructed of the same exterior materials as required in Article 9, Site Design Standards, and shall not be located in a manner that decreases the minimum number of parking spaces required. M L. Accessory buildings, uses or structures located in commercial and manufacturing districts shall be located at the rear of the principal building and property and shall not occupy designated parking spaces. M. Automatic teller machine (ATM) drive -thru structures are not authorized unless the associated bank occupies a space on the same property and has a valid Certificate of Occupancy. N. Accessory buildings, uses, and structures shall conform to applicable provisions of the Building Code and Fire Code. City Staff Proposed Code of Ordinances Amendments: Code of Ordinances Sec.1 8-61 —Amendments The International Residential Code for One and Two Family Dwellings, 2012 Edition is hereby amended as follows: R101.1 Title . These provisions shall be known as the Residential Code for One -and Two - family Dwellings of the City of Schertz, Texas, and shall be cited as such and will be referred to herein as "this code." Permits . R105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building : 1. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 3. Temporary motion picture, television and theater stage sets and scenery. 4. Shade cloth structures constructed for nursery or agricultural purposes, but not including service systems. 5. Swings and other temporary playground equipment accessory to one and two - family dwellings. 6. Window awnings supported by an exterior wall of R -3 - One and Two Family Dwellings as applicable in Section 101.2 and Group U occupancies of the International Building Code 2012 as defined in Chapter 3 - Use and Occupancy Classification. Movable cases, countertops and partition not over (5) five feet (9) nine inches in height. 7. One story detached accessory structures used as d �, playhouses, and similar uses on the same lot as a one or two family dwelling; provided the floor area is 120 square feet or less and the structure can be moved if necessary, except where located in a flood hazard area a. The foundation for a detached accessory structure, stet ah4s, playhouses and similar uses, if any, will require a flatwork permit; and the location and placement of the accessory structure shall comply with Article 8 of the Schertz Unified Development Code. b. Areas located in floodplain hazard areas will require permits. Sec. 30.82 Amendments 1- Sec.611 Accessory Buildings Sec.611,1 - Any accessory building (for example sheds acid garages) located closer than ten feet (10') to a dwelling unit must have a rninimurn one hour firs resistance rating on any projection or wail parallel to the duelling unit. One tour fire resistance rating must be in accordance with ASTM E 112 or UL 266. TO: Planning and Zoning Commission PREPARED BY: Emily Grobe, Planner CASE: WA2018 -005: Waiver — On -site Sewage Facility associated with PC2018 -031 SUBJECT: Consider and act upon a request for approval of a waiver regarding on -site sewage facilities for the Lizcano Estates Subdivision, an approximately 10 acre tract of land located at the northeast corner of the intersection of Ware Seguin Road and Ware Seguin Road, more specifically described as 11917 Ware Seguin Road, City of Schertz, Bexar County. GENERAL INFORMATION: Owner: Juan Enrique and Karen Lizcano Applicant: Urban Civil / Scott B. Horowitz and Keith W. Wooley ITEM SUMMARY: The applicant is proposing to develop approximately 10 acres of land into four (4) residential lots. The applicant is seeking approval of a waiver to UDC Sec. 21.15.3B wastewater systems in order to install a privately owned On -Site Sewage Facility (OSSF). The subject property is currently undeveloped, and is zoned Single — Family Residential / Agricultural (R -A). GENERAL LOCATION AND SITE DESCRIPTION: The subject property is located at 11917 Ware Seguin Road and is currently vacant and undeveloped. PUBLIC IMPROVEMENTS: The applicant is seeking approval of a waiver to install a privately owned On -Site Sewage Facility (OSSF) on the lot being proposed. OSSF systems are regulated by Bexar County. Where the subject site is located, there is a dual Certificate of Convenience and Necessity (CCN) for sewer with the City of Schertz responsible for collection and San Antonio River Authority (SARA) responsible for treatment. In accordance with UDC, Article 15 Easements and Utilities, Sec. 21.15.3.13, Wastewater System, all lots, tracts and parcels on which the development is proposed shall be connected to a public wastewater system. Furthermore, the UDC, Article 12 Subdivisions, Sec. 21.12.2.D. requires that all land subdivided or platted shall comply in full with the requirements of this UDC. Based on the requirements of the UDC not connecting to a public wastewater system and installation of OSSF requires a waiver to be granted by the Planning and Zoning Commission as prescribed in Sec. 21.12.15 Waivers. The UDC authorizes the Planning and Zoning Commission to grant waivers to the provisions in Article 12 when undue hardship will result from requiring strict compliance. STAFF ANALYSIS AND RECOMMENDATION: The applicant is requesting a waiver to the required connection to a public waste water system to allow privately owned on -site sewage facilities. The request for an on -site sewer facility is due to the lengthy distance to the nearest sewer line connection and costs associated with building that line. The closest sewer connection is at the intersection of Sage Park and Delaine Park, near Boenig Drive, this connection is approximately 5,930 feet northwest of the proposed Lizcano Estate Subdivision. Due to elevation changes to reach this possible connection, a series of lift stations would be required to be installed. Alternatively, there is a possible sewer connection at the existing system adjacent to Graytown Road. This would require gravity sewer and manholes to Graytown Road and a lift station and force main to the tie -in location. The Project Engineer estimates that this would cost approximately $716,400.00. The Project Engineer provided a third option which would include connection to a future 10" gravity system west of the subdivision, proposed by SARA's master plan scheduled for construction in 2023 -2027. The Project Engineer estimated that this option, with inflation due to the proposed schedule of construction, would cost approximately $94,865.00 - $109,860.00. The Engineering Department in reviewing this waiver request, provided that the Department is in support of granting the waiver and notes that it is consistent with similar waivers granted. Additionally, Engineering stated that they verified that the proposed preliminary plat associated with the waiver is laid -out in a manner to provide for connection a public sanitary sewer system in the future. 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 sewer connections. The granting of this waiver will not have a negative impact on existing or proposed municipal infrastructure. Additionally, granting of this waiver will not be detrimental to the public health, safety or welfare, or be injurious to other property in the area. If approved, any new On Site Sewage Facilities needed to serve the proposed preliminary plat will be reviewed and permitted through Bexar County. 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: In considering final action on waivers to the UDC, the Commission should consider the criteria within the UDC: Section 21.12.15 Waivers A. General The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds: 1) That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and 1A 2) That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDC. Such findings of the Planning and Zoning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done. B. The Planning and Zoning Commission may establish a time period for execution of each granted waiver. C. Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted. D. Planning and Zoning Commission shall not authorize a waiver that would constitute a violation of a valid law, ordinance, code or regulation of the City. E. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outlined above. Attachments: Waiver letter Sewer Line Extension Map City of Schertz Engineering Memo 3 August 14, 2018 City of Schertz Planning Department 1400 Schertz Parkway Schertz, TX 78154 RE: Request for Private Septic Waiver Lizcano Estates Subdivision 11917 Ware-Seguin Road Schertz, Texas To Whom It May Concern: The property owner of the Lizcano Estates Subdivision (Lizcano Estates) is requesting a private septic system waiver for the subject property, in adherence with Sections 90-78 — Required Sewer Connections and Fixtures and 21.12.15 — Waivers of the City of Scheltz Unified Development Code (UDC). The 10-acre property will be subdivided into four (4) 2.5-acre lots and will be serviced by the City of Schertz (the City) water system. In correspondence with the City Public Works department and the San Antonio River Authority (SARA) the nearest existing sanitary sewer main and manhole are located at the intersection of Sage Park and Delaine Park, near Boenig Drive (see Exhibit A). This potential connection is located approximately 5,930 feet to the northwest of the Lizcano Estates and inclusive of the Graytown Wastewater System. The approximate ground elevations near the existing sanitary sewer system is 671' with a corresponding approximate ground elevation of 667' at the Lizcano Estates. The rim and flowline elevations of the existing sanitary sewer system were not available at the time of this waiver request; however, due to the existing ground elevations at each location, gravity flow would not be feasible, and a series of lift stations would be required to convey sewer waste from the Lizcano Estates to the existing system. In addition, boring under Ware Seguin Road and acquisition of easements would be required to provide sewer service to the Lizcano Estates. A second option includes a connection to the existing gravity sewer system along Graytown Road approximately 4,340 feet north of the IH-10 frontage road. This option would require gravity sewer and manholes to Graytown Road, and a lift station and force main to the tie-in location. See Exhibit B for this option. While although potentially cheaper than the option discussed above, this would still be cost-prohibitive for the Lizcano Estates property owner. An approximate cost estimate for the various anticipated components for this option is listed below, which demonstrates the prohibitive nature of providing sewer service. 1. 7,320 LF of 8" gravity sanitary sewer main (PVC SDR 26) @ $80/LF: $585,600 2. 2,630 LF of 4" sanitary sewer force main (PVC, DR 14) @ $60/LF: $57,800 3. 16 EA Precast Manholes @ $4,000/EA: $64,000 4. Road Bore (Ware Seguin Road): $9,000 5. Total Estimated Construction Cost.* $716,400 2461 LOOP 337, NEW BRAUNFELS, TEXAS 78130 830.606.3913 1 urbanciVil.com B:-'.-_J-._;RI.'VI- 17233 1 TBPLS FIRK,4a 1000,5900 A third option includes connection to a future 10" gravity system west of the subdivision, scheduled for installation between 2023-2027, per SARA's current Martinez IV WWTP Master Plan. This plan provided by SARA coincides with Line 62 (MP-12") in the City's Master Sewer Plan (South). These segments identified by SARA and the City are in Exhibits C and D, respectively. Although connecting to the future 10" line would be a shorter route than the system on Boenig Drive, this alignment will require approximately 835 feet of 8" pipe and manholes (assume 2 for this analysis). The manhole rim and flowline elevations are not known at this time, which would determine if lift stations would be required. Assuming 3% inflation applied to the applicable line items and unit costs above, a range of probable construction costs, between 2023- 2027, associated with tying into this future line is presented below. 1. 835 LF of 8" gravity sanitary sewer main (PVC SDR 26) @$93-$105/LF: $75,150-$87,675 2. 2 EA Precast Manholes @ $4,640-$5,220/EA: $9,280-$10,440 3. Road Bore (Ware Seguin Road): $10,435-11,745 4. Total Estimated Coiistruction Cost: $94,865-$109,860 The total estimated construction costs above do not account for design, geotechnical or testing services, mobilization, trench safety or lift station costs, in addition to easement acquisition costs, amongst others. Each of the four 2.5-acre lots within the Lizcano Subdivision will have sufficient area for septic systems to be located and will be a much more economical solution. Therefore, the Lizcano Estates property owner is requesting a waiver be granted for the City's requirement that the Lizcano Estates be connected to a public sanitary system and be allowed to construct septic systems compliant with City, County and TCEQ regulations, Should there be any questions regarding this septic waiver, please do not hesitate to reach me by phone at (830) 606-3913 or by email at shorowitz(j� urbancivitcom. Sincerely, Scott B. Horowitz, P.E. 2461 LOOP 337, NEW BRAUNFELS, TEXAS 78130 830.606.3913 1 urbancivil.com TSPF RRN4 + 17233 1 TBPLS ARM# 1000-19010 Id + Hydrant * Manholes System Valves @ Ball 4 Butterfly 0 Gate 0 Plug Control Valves [11 Air Release 0 Blow Off Water Main Unknown 1", 1 112" 2", 21/2" 3. 4" Uri 6" —81, 10.1 12" 16" —18.1 20" 24" 30" 36" Neighboring Main Private Sewer Main —0-- Schertz Gravity Schertz Pressure Neighboring Gravity Neighboring Pressure Private Gravity Private Pressure r Schertz Municipal Boundary j_j Schertz ETJ Boundary D29�ff E29 F29 D30 E30 f F30 D31 F E31 F31 Exhibit B - Lizcano Estates Subdivision - Sanitary Sewer System 6/11/2018°2`10L30PM � � �X0 — nm Municipal Boundary /\|C| iZ /| .2 am APZ I = County Boundaries ^1�O�� 0 j 1,000 '' :18056 1, 0 220 440 880m Esri, HERE, samn @ OpenStreetMap contributors, Source: Eoh.oi0Ko|0ouo. GonEya sanhom,Geogmphioa. CNES/AJrbuaDG' USDA, U6G8 A*mG0D. |GN. and the G|S User Community | mmDepanm*n This product is for informational purposes and maV not have been prepared for or be suitable for leqal, enqineerinq, or survevinq purposes. It does not represent an on-the-qround survev and represents onlv the approximate relative location of Propertv boundaries. hAMIL31 I U - U I Y Ul- ZS(;HhK I Z MA5 I hK tjhWhH PLAN (ZSUU I H) • 1 11 DEVELOPMENT SERVICES ENGINEERING DEPARTMENT The request for a waiver to the requirement to extend public sanitary sewer to serve the proposed Lizcano Subdivision (11917 Ware- Seguin Rd) is recommended for approval. The request for the waiver has been reviewed and found to be reasonable. No sanitary sewer facilities exist in the area of the proposed subdivision. Therefore, Engineering supports the granting of the waiver and notes that it is consistent with similar waivers granted in the City. Staff has verified that the proposed platting is laid -out in a manner to provide for future connection to a public sanitary sewer system. Once public infrastructure has been extended to the area to provide sanitary sewer service, the subdivision will be required to connect to the sewer system, in accordance with Section 90 -78 of the Code of Ordinances. Any new OSSF needed to serve the proposed lots in the proposed Plat will be reviewed and permitted through Bexar County. A building permit will not be issued without either a Bexar County OSSF approved permit or extension of and connection to the public system. TO: Planning and Zoning Commission PREPARED BY: Emily Grobe, Planner CASE: PC2018 -031 Lizcano Estates Subdivision — Preliminary Plat APPLICATION SUBMITTAL DATE: June 13, 2018 (Original Application) July 25, 2018 (Revised Submittal) August 15, 2018 (Revised Submittal) ITEM SUMMARY: The applicant is proposing to develop approximately 10 acres of land into four (4) residential lots, Lot 1 being 2.400 acres, Lot 2 being 2.399 acres, Lot 3 being 2.399 acres, and Lot 4 being 2.400 acres. The subject property is zoned Single — Family Residential / Agricultural, R -A. GENERAL LOCATION AND SITE DESCRIPTION: The subject property is located at 11917 Ware Seguin Road and is currently vacant and undeveloped. ACCESS AND CIRCULATION: The proposed lots have frontage on Ware Seguin Road. In order to reduce the number of driveways onto this portion of Ware Seguin Road, which is identified as a Secondary Rural Arterial, the 4 lots will be utilizing a 30' shared access, 15' of which is located on Lot 2, and 15' of which is located on Lot 3. In order for Lots 1 and 4 to have the ability to access this shared access onto Ware Seguin Road there is a 40' cross access easement across the entire widths of Lot 2 and Lot 3. Additionally, in order to limit the proposed 4 lots to only the one access point there is a 1' Vehicle Non Access easement across all portion of the lots adjacent to Ware Seguin Road on both the southern and western property lines except for the 30' of the access point shared between Lot 2 and Lot 3. TREE MITIGATION AND PRESERVATION: The applicant will be responsible for complying with Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The applicant has submitted a Tree affidavit which indicates that the site does not contain protected or heritage trees. PARKS: There is no parkland being proposed with this subdivision. The Parks, Recreation and Community Services Department has determined that a fee -in lieu of parkland dedication in the amount of $1,000 per dwelling unit will be paid by the Developer prior to recording of the final plat. PUBLIC SERVICES: The site is serviced by City of Schertz Water, SARA, CPS, AT &T, CenterPoint Energy, and Spectrum. PUBLIC IMPROVEMENTS: All public improvements required for this subdivision are required to be installed prior to recording of the final plat per UDC, Section 21.4.15., unless otherwise specified in an approved development agreement. The civil construction plans must be reviewed and approved by the Public Works and Engineering Departments prior to approval of the final plat. Water: This site is currently serviced through a City of Schertz 12" water line. Sewer: This site is not currently serviced by a public wastewater system. The applicant is requesting a waiver to allow all four lots to be served by on -site sewage facilities (OSSF). Drainage: The applicant is responsible for all drainage associated with the subject property, and for compliance with the Storm Water regulations. The City Engineer has reviewed and approved the preliminary drainage report. Sidewalks Hike and Bike Trails: Sidewalks are required along Ware Seguin Road for the length of the subdivision and will be designed to meet the City of Schertz specifications. Road Improvements: The subject property is located adjacent to the bend in Ware Seguin Road. The portion of Ware Seguin Road in which the subject property and proposed lots front is identified on the Master Thoroughfare Plan as a Secondary Rural Arterial roadway consisting of 90' ROW with 48 feet of pavement which includes curb and gutters. The portion of Ware Seguin Road adjacent to the frontage of the lots is approximately 60 -feet wide. The proposed preliminary plat is dedicating 0.402 acres of Right -Of -Way in order to provide their portion of the desired 90' of ROW. Additionally, the subject properties western property line is adjacent to the portion of Ware Seguin Road that is identified on the Master Thoroughfare Plan as a Residential Collector with 70' of right -of -way. The portion of Ware Seguin Road adjacent to the western property line is currently 60' of right -of -way. The proposed preliminary plat is dedicating 5' of right -of -way adjacent to this property line in order to dedicate their portion of the desired 70' of right -of -way. STAFF ANALYSIS AND RECOMMENDATION: The proposed preliminary plat is consistent with applicable requirements for the property, ordinances and regulations. Staff recommends approval of the preliminary plat. 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. 1) COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is the final approval authority of the proposed preliminary plat. In considering final action on a preliminary plat, the Commission should consider the criteria within UDC, Section 21.12.8 D. Attachments: Aerial Map Exhibit 3 60.00' 1 C P z l 0 a 1 rn GRID N =13, 7,051.15 GRID E =2,20 ,307.27 273.11' 01 �3 of r Z o� >m inj 0? �1CnM <n A� s SCALE IN FEET NC 8' 6' 4' 2' 1, 50' 1 0' GRAPHIC SCALE SCALE: 1"=100' W Cp .51' CITY PUBLIC SERVICE (CPS) NOTES: 1. THE CITY OF SAN ANTONIO AS A PART OF ITS ELECTRIC AND GAS SYSTEMS (CITY PUBLIC SERVICE BOARD) IS HEREBY DEDICATED AND SERVICES FACILITIES IN THE ARES DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT ", "GAS EASEMENT ", "ANCHOR EASEMENT ", "SERVICE EASEMENT ", "OVERHANG EASEMENT ", "UTILITY EASEMENT ", AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES; TOGETHER WITH THE RIGHT INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASEMENTS AREAS. 2. ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO THE GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATION. 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW: 4. CONCRETE DRIVEWAY APPROACHES ARE ALLOWED WITHIN THE FIVE (5) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY REAR LOT UNDERGROUND ELECTRIC AND GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN FIVE (5) FOOT WIDE ELECTRIC, GAS, TELEPHONE AND CABLE T.V. EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC, GAS, TELEPHONE AND CABLE T.V. FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) FOOT WIDE EASEMENTS GLENN N. RISTOW REMAINDER 33.766 ACRES VOL. 6298, PG. 671 O.P.R.B.C.T. ZONED "R -A" / N5916'50 "E 116.72 271.49' CURVE TABLE CURVEI CHORD B I CHORD I RADIUS I DELTA ILENGTHITANGENT C1 S75'42'15 "E 1 74.97' 1 53.00' 190'01'19183.27'1 53.02' 0 w z 3 LOT 1 LOT 2 LOT 3 M LOT 2.400 ACRES n M (2.399 ACRES M 2.399 ACRES 0 M 2.400 f cn z z 1' VEHICLE ` NON— ACCESS 220.27' -- — — — — — 15.00' ��J$ — W WARE SEGUIN ROAD j 0 T.B.M. 60 R.O. C ELEV= 667.40 STATE OF TEXAS COUNTY OF BEXAR 40 FOOT CROSS ACCESS EASEMENT BEHIND 1' VEHICLE NON- ACCESS RIGHT -OF -WAY DEDICATION TO THE PUBLIC -0.402 ACRES S59'17'0 W 1033. I, THE UNDERSIGNED, SCOTT B. HOROWITZ, A LICENSED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATIONS HAVE BEEN GIVEN TO THIS SUBDIVISION IN COMPLIANCE WITH APPLICABLE CITY AND STATE STANDARDS AND REGULATIONS. LICENSED PROFESSIONAL ENGINEER DATE STATE OF TEXAS COUNTY OF BEXAR KNOW ALL MEN BY THESE PRESENTS: I, THE UNDERSIGNED, KEITH W. WOOLEY, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECTLY MADE UNDER MY SUPERVISION AND IN COMPLIANCE WITH CITY AND STATE SURVEY REGULATIONS AND LAWS AND MADE ON THE GROUND AND THAT THE CORNER MONUMENTS WERE PROPERLY PLACED UNDER MY SUPERVISION. TEXAS LICENSE NO. 5463 2461 LOOP 337 NEW BRAUNFELS, TEXAS 78130 1 I V I L 2461 LOOP 337 NEW BRAUNFELS, TEXAS 78130 PHONE (830) 606 -3913 FAX (830) 625 -2204 TBPE FIRM# 17233 TBPLS FIRM# 10005900 r - - -- I 1 1' VEHICLE NON- ACCESS — 262.58' — R.O. W.-) 1 F 5 PUBLIC s u�nLITY o EASEMENT OD O II OD CD N Y w M 0 0 W 00 f -CL OF ROAD — o t___ 0 N 15 15 L' RIGHT—OF—W/ Y DEDICATION TO THE PUBLIC 0.402 ACRES L-------------------- - - - - -J DETAIL 15' PUBLIC UTILITY TYPICAL LOT LARRY GUS RISTOW AND JACQUELYN L. SNYDER, CO- TRUSTEES OF THE SNYDER - RISTOW FAMILY TRUST 33.090 ACRES VOL. 14931, PG. 1266 O.P.R.B.C.T. ZONED "R -A" GRID N= 13,727,260.52 GRID E= 2,207,442.41 5, PUBLIC UTILITr EASEMENT Key Legend 1/2 Inch Iron Rod Set with Orange Cap "URBAN CIVIL" • 1/2" Iron Rod Found Temporary Bench Mark 1/2 Inch Iron Rod with Red Plastic Cap Stamped "URBAN CONTROL" "R -A" Zoned Single - Family Residential/ Agricultural —loo— Contour Line 1. MONUMENTS WERE FOUND OR SET AT EACH CORNER OF THE SURVEY BOUNDARY OF THE SUBDIVISION. MONUMENTS AND LOT MARKERS WILL BE SET WITH 1/2 INCH IRON ROD WITH PLASTIC CAP "URBAN CIVIL" AFTER COMPLETION OF UTILITY INSTALLATION AND STREET CONSTRUCTIONS UNLESS NOTED OTHERWISE. 2. ALL BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS COORDINATE SYSTEM, NAD83 (NA2011), SOUTH- CENTRAL ZONE. BASED ON GPS OBSERVATIONS TO COOP CORS BASE STATION 2332 AND 2337. ALL DISTANCES SHOWN HEREON ARE SURFACE DISTANCES. ALL COORDINATES WERE ADJUSTED FROM STATE PLANE GRID TO PROJECT SURFACE USING A SURFACE ADJUSTMENT SCALE FACTOR OF 1.00016. 3. THE SITE WILL BE SERVED BY PRIVATELY OWNED ON -SITE SEWAGE FACILITIES (OSSF). COUNTY APPROVAL WILL BE REQUIRED FOR EACH LOT. 4. TELEPHONE SERVICE WILL BE PROVIDED BY A.T. &T. AND TIME WARNER CABLE, TELEVISION CABLE SERVICE WILL BE PROVIDED BY TIME WARNER CABLE. 5. STORMWATER MANAGEMENT PLAN REQUIREMENTS AND DRAINAGE DESIGN CRITERIA CAN BE FOUND IN SECTION 4 OF THE PUBLIC WORKS DESIGN GUIDE. A STORMWATER MANAGEMENT PLAN CHECKLIST IS INCLUDED IN SECTION 4.6 OF THE PUBLIC WORKS DESIGN GUIDE. 6. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCES AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND PERMITS. 7. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48029CO435H, GUADALUPE COUNTY, TEXAS, DATED SEPTEMBER 29, 2010, THIS SITE IS LOCATED IN ZONE "X" AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN IF FLOODPLAIN EXISTS ON THE PROPERTY, PROVIDE A NOTE STATING THAT ANY DEVELOPMENT SHALL BE IN ACCORDANCE WITH FLOODPLAIN ORDINANCE IN EFFECT AT THE TIME OF CONSTRUCTION APPLICATION. & ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF OWNER OR OWNERS SUCCESSORS AND /OR ASSIGNS PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED BY THE CITY. 9. THE REFERENCE PROPERTY IS ZONED "R -A" SINGLE - FAMILY RESIDENTIAL /AGRICULTURAL. 10. THIS PLAT HEREBY ESTABLISHES A TOTAL OF 4 (FOUR) BUILDABLE LOTS. 11. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSED AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME OF FINAL PLAT. 12. CONTOURS SHOWN ARE BASED FROM THE TEXAS NATURAL RESOURCES INFORMATION SYSTEM (TNRIS) DATA SEARCH AND DOWNLOAD DIGITAL FILE, MARTINEZ AND SAINT HEDWIG QUAD MAP. ELEVATION REFERENCED VERIFIED AND DETERMINED BY GPS OBSERVATIONS FROM THE NGS CO- OPERATIVE CORS NETWORK AND A HIGH - RESOLUTION GEOID MODEL (GEOID 12B). REFERENCE ELEVATIONS ARE NAVD 88 AND ARE BASED ON; NGS MONUMENT =PID: AY0146 (L 840), DATA ELEV. =724.8 GRID N= 13,745,218.02, GRID E= 2,203,033.40, ELEV= 724.78' STATE OF TEXAS COUNTY OF BEXAR I, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATION AND THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. CITY ENGINEER DATE STATE OF TEXAS COUNTY OF BEXAR PLANNING AND ZONING COMMISSION: THIS PLAT OF LIZCANO ESTATES SUBDIVISION HAS BEEN SUBMITTED TO AND CONSIDERED BY THE PLANNING ZONING COMMISSION OF THE CITY OF SCHERTZ, AND HEREBY APPROVED BY SUCH COMMISSION. CHAIRMAN 1►�a[a►la1�►�1 OWNER'S ACKNOWLEDGEMENT: STATE OF TEXAS COUNTY OF BEXAR KNOW ALL MEN BY THESE PRESENTS: THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE PUBLIC, EXCEPT AREAS IDENTIFIED AS PRIVATE, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, DRAIN EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. JUAN ENRIQUE LIZCANO 479 AUGUST ROCKPORT, TEXAS 78382 PHONE: (210) 849 -1468 KAREN LIZCANO 479 AUGUST ROCKPORT, TEXAS 78382 THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BY: NOTARY PUBLIC, STATE OF TEXAS My Commission Expires: STATE OF TEXAS COUNTY OF BEXAR 2018 I, COUNTY CLERK OF BEXAR COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE ON THE DAY OF , A.D. 2018 AT .M, AND DULY RECORDED THE DAY OF A.D. 2018 AT .M, IN THE RECORDS OF DEED AND PLAT RECORDS BEXAR COUNTY, IN BOOK VOLUME PAGE IN TESTIMONY WHEROF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF A.D. 2018. BY: COUNTY CLERK, BEXAR COUNTY, TEXAS SUBDIVISION PLAT OF LIZCANO ESTATES BEING 10.000 Acre tract, situated in the E. R. Evans Survey Number 80, Abstract Number 216, Bexar County, Texas; located within the City Limits of Schertz, Texas and being the same land described in a Deed from Steven J. Housley and Shelly L. Housley to Juan Enrique Lizcano and Karen Lizcano, as recorded in Document Number 20160028211 of the Official Public Records of Bexar County, Texas; TO: Planning and Zoning Commission PREPARED BY: Emily Grobe, Planner CASE: WA2018 -007: Waiver — On -site Sewage Facility associated with PC2018 -030 SUBJECT: Consider and act upon a request for approval of a waiver regarding on -site sewage facilities for the Guastafierro Subdivision, an approximately 5 acre tract of land located at 6197 Pfeil Road, City of Schertz, Bexar County. GENERAL INFORMATION: Owner: Carmine N. Guastafierro Applicant: Gary Hill Engineering LLC, Frank G. Hill ITEM SUMMARY: The applicant is proposing to develop approximately 5 acres of land into one (1) residential lot. The applicant is seeking approval of a waiver to UDC Sec. 21.15.313 wastewater systems in order to install a privately owned On -Site Sewage Facility (OSSF). The subject property is currently undeveloped, and is zoned Single — Family Residential / Agricultural (R -A). GENERAL LOCATION AND SITE DESCRIPTION: The subject property is located at 6197 Pfeil Road and currently has an existing barn. PUBLIC IMPROVEMENTS: The applicant is seeking approval of a waiver to install a privately owned On -Site Sewage Facility (OSSF) on the lot being proposed. OSSF systems are regulated by Bexar County. Where the subject site is located, there is a dual Certificate of Convenience and Necessity (CCN) for sewer with the City of Schertz responsible for collection and San Antonio River Authority (SARA) responsible for treatment. In accordance with UDC, Article 15 Easements and Utilities, Sec. 21.15.3.13, Wastewater System, all lots, tracts and parcels on which the development is proposed shall be connected to a public wastewater system. Furthermore, the UDC, Article 12 Subdivisions, Sec. 21.12.2.D. requires that all land subdivided or platted shall comply in full with the requirements of this UDC. Based on the requirements of the UDC not connecting to a public wastewater system and installation of OSSF requires a waiver to be granted by the Planning and Zoning Commission as prescribed in Sec. 21.12.15 Waivers. The UDC authorizes the Planning and Zoning Commission to grant waivers to the provisions in Article 12 when undue hardship will result from requiring strict compliance. 0clax_1k, T1>I k-.1 �_li!G7 7X0161T,IT,14k,I ��[�P►A The applicant is requesting a waiver to the required connection to a public waste water system to allow privately owned on -site sewage facilities. The request for an on -site sewer facility is due to the lengthy distance to the nearest sewer line connection and costs associated with building that line. Per the Project Engineer the closest future connection point would be a planned manhole for the future San Antonio River Authority collection line approximately 1500 feet southeast of the North Greytown underpass at IH 10, within the creek bed of a tributary of Salitrillo Creek. Additionally, the Project Engineer indicated that a theoretical alignment for an offsite sanitary sewer main extension from the future man hole extending approximately 8,730 linear feet, a bore under North Greytown Road, and then within the Pfeil Road right of way until it reaches the southwesterly corner of the proposed subdivision would cost approximately $379,808.00, The Engineering Department in reviewing this waiver request, provided that the Department is in support of granting the waiver and notes that it is consistent with similar waivers granted. Additionally, Engineering stated that they verified that the proposed preliminary plat associated with the waiver is laid -out in a manner to provide for connection a public sanitary sewer system in the future. 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 sewer connections. The granting of this waiver will not have a negative impact on existing or proposed municipal infrastructure. Additionally, granting of this waiver will not be detrimental to the public health, safety or welfare, or be injurious to other property in the area. If approved, any new On Site Sewage Facilities needed to serve the proposed preliminary plat will be reviewed and permitted through Bexar County. 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: In considering final action on waivers to the UDC, the Commission should consider the criteria within the UDC: Section 21.12.15 Waivers A. General The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds: 1) That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and 2) That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDC. Such findings of the Planning and Zoning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such waiver is granted. Waivers may be granted only when in W harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done. B. The Planning and Zoning Commission may establish a time period for execution of each granted waiver. C. Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted. D. Planning and Zoning Commission shall not authorize a waiver that would constitute a violation of a valid law, ordinance, code or regulation of the City. E. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outlined above. Attachments: Waiver letter Sewer Line Extension Map City of Schertz Engineering Memo 3 City of8ohadz Planning Department 14DOSuhertzParkway 8chertz^ Texas 78154 Attn: Mr. Bryce Cox GARY HILL ENGINEERING C 0288 Trailing Fern Hm|otes' Texas 78D23 LLC 210-241-8080 TBPE Firm No. F-165Q3 vm*vxghen0r0cnom Request for Private Sewer Waiver {}uuabafieno@ubdivieiml Dear Sir: K8c Carmine N. Guastofeno is requesting o waiver for the Section 90-78 (m) and (b) of the Code of Ordinances requirements ton connect public wastewater system. s) All owners ur occupants of buildings or agents for such owners, situated in any section ofthe city where sewer facilities now existing, or where they may hereafter exist, and where the property line of the land on which any such building is situated approaches or extends to within 500 feet of a residential structure or 1, 500 feet of a commercial business of such sewer facility, are hereby required to construct or cause to be constructed suitable water closets on their property, and connect the same with the city sewer. It shall be the duty of any such property owner or occupant to keep and maintain such water closets and connections thereof in good working condition and free from any obstruction. b) It shall beunlawful for any person to build or use any permanent privy vault above or below the ground in the city on any lot parcel of land, the property line of which, at any point extends to within a distance of 500 feet for residential and Y^500 feet for commercial of a city sanitary sewer facility. Mr. Guastafieno desires to build a residential home on the 4.969 eune lot to be established via this proposed subdivision plat, located sd8197 Pfeil Rd. This site hs located within the City ofGohertz. within WgAPSCD Grid 18GB6. This site will be serviced by City of Schertz water located on Pfeil Rd. |n order b}provide abuilding permit for the residential home, the City of Schertz requires that the property be platted. The property is being Preliminary Platted as 1 lot consisting of 4.969 acres with frontage along Pfeil Rd. Lot 1, as it fronts on Pfeil Rd, is not close to any existing gravity sanitary sewer collection system. The closest future connection point would be a planned manhole for the future San Antonio River Authority (SARA) collection line approximately -1500' southeast of the N. Greytown underpass @ 11-110, within the creekbed of a tributary of Salitrillo Creek. This manhole would be about halfway down Segment 9, refer to SARA Exhibit for the future Greytown Wastewater Treatment Plant, enclosed. Refer to Proposed S8 Exhibit for o theoretical alignment for an offsite aenhan/ sewer main extension from this aforesaid future manhole running ~8730 LF up the northerly frontage road of 11-110, with a bore under N. G[eytown Rd` and then within the Pfeil Rd ROW to the northeast until it reaches the southwesterly corner of the proposed subdivision. Assuming rim and invert elevations as shown on this Proposed SS Exhibit, there is a theoretical gravity solution for an 8" main running at -0.60%. Land Development Drainage/Hydrology Forensics The cost of the infrastructure to construct this offsite sanitary sewer main extension is ohnvvn below. The cost data does not include engineering fees for geotechnical testing and sanitary sewer design/plan preparation. Description Qty Unit Unit Price Subtotal Mobilization 1 LS 1196 $37`638.00 Trench Excavation Safety Protection 8730 LF $4.00 $34.920.00 8" PVC GDR2G8S Pipe 0-GVF 6730 LF $26.00 $168,250.00 8" PVC SDR28SS Pipe O-8VF 2000 LF $30.00 $80.000.00 Extra Depth Manhole 100 VF $50.00 $5,000.00 Sanitary Sewer Manhole 22 E/\ $2.000.00 $44,008.00 Highway Bore, 8"Main 100 LF $300.00 $30.000.00 Total Estimated Cost: $379,808.00 1071 7IT, n � Greytown Rd Crossing The estimated quantity is a substantial burden to be carried by the Guastafierro family. This lot more than sufficient acreage (>2 Acres) to accommodate anonsite septic system, and is being supplied water byamunicipal source. The owner requests a waiver to be granted to the City's requirement that Lot 1 be connected tno public sanitary sewer system, and be allowed to construct a septic system in compliance with City, County, and TCEQ regulations. Please contact meif you have further questions. CC: CarnninoGuaabafiernz Enc: Proposed SGExhibit SARA GreybzVvnVVVVTPExhibit _ 2 11 DEVELOPMENT SERVICES ENGINEERING DEPARTMENT Re: Recommendation for Waiver to Requirement to Extend Public Sanitary Sewer to Serve the Proposed Gustafierro Subdivision Plat The request for a waiver to the requirement to extend public sanitary sewer to serve the proposed Gustafierro Subdivision (6197 Pfeil Rd) is recommended for approval. The request for the waiver has been reviewed and found to be reasonable. No sanitary sewer facilities exist in the area of the proposed subdivision. Therefore, Engineering supports the granting of the waiver and notes that it is consistent with similar waivers granted in the City. Staff has verified that the proposed platting is laid -out in a manner to provide for future connection to a public sanitary sewer system. Once public infrastructure has been extended to the area to provide sanitary sewer service, the subdivision will be required to connect to the sewer system, in accordance with Section 90 -78 of the Code of Ordinances. Any new OSSF needed to serve the proposed lot in the proposed Plat will be reviewed and permitted through Bexar County. A building permit will not be issued without either a Bexar County OSSF approved permit or extension of and connection to the public system. TO: Planning and Zoning Commission PREPARED BY: Emily Grobe, Planner CASE: PC2018 -030 Guastafierro Subdivision — Preliminary Plat SUBJECT: Consider and act upon a request for approval of a preliminary plat of the Guastafierro Subdivision, an approximately 5 acre tract of land located at 6197 Pfeil Road, City of Schertz, Bexar County. GENERAL INFORMATION: Owner: Carmine N. Guastafierro Applicant: Gary Hill Engineering LLC, Frank G. Hill APPLICATION SUBMITTAL DATE: June 21, 2018 July 31, 2018 August 6, 2018 September 4, 2018 (Original Application) (Revised Submittal) (Revised Submittal) (Revised Submittal) ITEM SUMMARY: The applicant is proposing to develop approximately 5 acres of land into one (1) residential lot in order to construct a residential home. The subject property is zoned Single — Family Residential i Agricultural, R -A. GENERAL LOCATION AND SITE DESCRIPTION: The subject property is located at 6197 Pfeil Road and is currently is undeveloped with the exception of an existing barn. ACCESS AND CIRCULATION: The proposed lot has frontage on Pfeil Road. TREE MITIGATION AND PRESERVATION: The applicant will be responsible for complying with Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The applicant has submitted a Tree affidavit which indicates that the site does contain protected or heritage trees, however none will be removed or damaged with this preliminary plat. PARKS: There is no parkland being proposed with this subdivision. The Parks, Recreation and Community Services Department has determined that a fee -in lieu of parkland dedication in the amount of $1,000 per dwelling unit will be paid by the Developer prior to recording of the final plat. PUBLIC SERVICES: The site is serviced by City of Schertz Water, SARA, CPS, AT &T, and Spectrum. PUBLIC IMPROVEMENTS: All public improvements required for this subdivision are required to be installed prior to recording of the final plat per UDC, Section 21.4.15., unless otherwise specified in an approved development agreement. The civil construction plans must be reviewed and approved by the Public Works and Engineering Departments prior to approval of the final plat. Water: This site is currently serviced through a City of Schertz 8" water line. Sewer: This site is not currently serviced by a public wastewater system. The applicant is requesting a waiver to allow all four lots to be served by on -site sewage facilities (OSSF). Drainage: The applicant is responsible for all drainage associated with the subject property, and for compliance with the Storm Water regulations. The City Engineer has reviewed and approved the preliminary drainage report. Sidewalks Hike and Bike Trails: Sidewalks are required along Pfeil Road for the length of the subdivision and will be designed to meet the City of Schertz specifications. Road Improvements: The subject property is located adjacent to Pfeil Road. The preliminary plat identifies a proposed 2.5 feet right -of -way dedication along the entire frontage of Pfeil Road. This dedication will result in a half width of 25 feet, the subject properties responsibility to achieve the ultimate 50 feet of right of way. STAFF ANALYSIS AND RECOMMENDATION: The proposed preliminary plat is consistent with applicable requirements for the property, ordinances and regulations. Staff recommends approval of the preliminary plat. 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 the final approval authority of the proposed preliminary plat. In considering final action on a preliminary plat, the Commission should consider the criteria within UDC, Section 21.12.8 D. Attachments: Aerial Map Exhibit K 1. THE CITY OF SAN ANTONIO AS A PART OF ITS ELECTRIC AND GAS SYSTEM (CITY PUBLIC SERVICE BOARD) IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS—OF—WAY FOR ELECTRIC AND GAS DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT", "GAS EASEMENT", "ANCHOR EASEMENT", "SERVICE EASEMENT", "OVERHEAD EASEMENT", "UTILITY EASEMENT", AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES, OR TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES; TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO RELOCATE SAID FACILITIES WITHIN SAID EASEMENT AND RIGHT—OF—WAY AREAS, AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASEMENT AREAS. 2. ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATION. 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW: 4. CONCRETE DRIVEWAY APPROACHES ARE ALLOWED WITHIN THE FIVE (5) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY REAR LOT UNDERGROUND ELECTRIC AND GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN FIVE (5) FOOT WIDE ELECTRIC, GAS, TELEPHONE, AND CABLE T.V. EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC, GAS, TELEPHONE, AND CABLE T.V. FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) FOOT WIDE EASEMENTS. THE SITE WILL BE SERVED BY A PRIVATELY OWNED ON—SITE SEWAGE FACILITY (OSSF). COUNTY APPROVAL WILL BE REQUIRED FOR THE LOT. A WAIVER WAS APPROVED ON 2018, TO ALLOW AN ON—SITE SEWAGE FACILITY FOR THE GUSTAFIERRO SUBDIVISION. OWNER ACKNOWLEDGEMENT THE OWNER OF THE LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE USE OF THE PUBLIC, EXCEPT AREAS IDENTIFIED AS PRIVATE, FOREVER ALL STREETS, ALLEYS, PARKS, WATER COURSES, DRAINS, EASEMENTS AND PUBLIC PLACES THERON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. OWNER OWNERS OWNER CARMINE N. & KAITLIN ANN GUASTAFIERRO 6706 LOMA SECCA, SAN ANTONIO, TEXAS 78233 PHONE: 210-667-3458 STATE OF TEXAS § COUNTY OF BEXAR § San Antonio River Authority is hereby dedicated the easements and rights-of-way for sanitary sewer collection and treatment facilities in the areas designated on this plat has "sanitary sewer easement" for the purpose of installing, constructing, reconstructing, operating, maintaining, removing and inspecting sanitary sewer pipelines and collection systems and all necessary above-ground or below-ground appurtenances, together with the right of ingress and egress over grantors adjacent land, the right to relocate said facilities within said easement and right- of-way areas and the right to remove from said land all trees and vegetation or parts thereof, or other obstructions which endanger or may interfere with the function of said facilities. It is agreed and understood that no structures, concrete slabs or walls will be placed within said easement areas. The developer dedicates the sanitary sewer mains upon completion by the developer and acceptance by the San Antonio River Authority, The San Antonio River Authority will own and maintain said sanitary sewer mains which are located within the particular subdivision plat. Wastewater EDU note: the number ofwastewater equivalent dwelling units (EDUs) paid for the subdivision plat are kept on file at the San Antonio River Authority under the plat number issued by the development services department. 1. ALL FIELD BEARINGS ARE REFERENCED TO THE NORTH AMERICAN DATUM OF 1983 (NAD83) HORIZONTAL DATUM, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE. SURVEYOR OF RECORD CERTIFIES THAT THIS SURVEY WAS PERFORMED UPON THE GROUND ON JUNE 29, 2018 UNDER HIS DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE. 2. DISTANCES SHOWN ARE SURFACE DISTANCES IN U.S. SURVEY FEET. THE SCALE FACTOR IS 0.999867016282. 3. COORDINATES SHOWN HEREON ARE TEXAS STATE PLANE GRID COORDINATES — SOUTH CENTRAL ZONE. COORDINATES EXPRESSED IN U.S. SURVEY FEET (NAD83). 4. ELEVATIONS FOR THIS SURVEY ARE BASED UPON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 5. ALL OPEN SPACE, COMMON AREAS, GREEN BELTS, DRAINAGE EASEMENTS OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF THE OWNER OR OWNER'S SUCCESSOR AND/OR ASSIGNS PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED BY THE CITY. 6. 1/2- REBAR SET AT ALL CORNERS UNLESS OTHERWISE NOTED. 7. ALL UTILITY EASEMENTS ARE FOR THE CONSTRUCTION, MAINTENANCE (INCLUDING BUT NOT LIMITED TO REMOVAL OF TREES AND OTHER OBSTRUCTIONS IN COMPLIANCE WITH THE TREE MITIGATION REQUIREMENT), READING OF METERS, AND REPAIR OF ALL OVERHEAD AND UNDERGROUND UTILITIES. 8. ALL OF THIS SUBDIVISION IS WITHIN THE CITY LIMITS. 9. TOTAL NUMBER OF BUILDABLE LOTS: 1 10. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME OF FINAL PLAT. 11. ACCORDING TO FLOOD INSURANCE RATE MAPS, PANELS 48029CO435G DATED 29SEP10 AND 48187CO355F DATED 2NOVO7, THIS PROPOSED LOT IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100 YEAR FLOODPLAIN. NOTE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCES AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND PERMITS. GRAPHIC SCALE 100 0 50 100 200 nni (IN FEET) 1 INCH = 100 FT C) ozz C) Ld (n I co ll) wi ry 1. < 1 ZONING: R-A 0() 00 W x n STREET ADDRESS: PEGGEY DIANE WILDMAN RUTTER z _z 3:: NONE ASSIGNED J REMAINING PORTION OF 78.00 AC TRACT YQL,,14295 PQ I�634 X2207682.507 Y13724966 805 56"0'21'52 "E 563.37, ____S`60*2 1 8 �1_ 29 91 E 305 46\ F 'OCK 1 6, ld� I 0 C-4 (0 0) 6' 0) Z x, //-X2206832.587 \01 FLYl 3725223.488 BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED CARMINE N. & KAITLIN ANN GUASTAFIERRO KNOWN TO ME TO BE THE PERSON WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT —EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS — DAY OF A.D., 20. NOTARY PUBLIC, BEXAR COUNTY, TEXAS I HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND BY SAUL V. CASTILLO, R.P.L.S. SAUL V. CASTILLO R.P.L.S. NO. 6192 REGISTERED PROFESSIONAL LAND SURVEYOR CROSS BRANCH SURVEYING, LLC 2319 N.E. LOOP 410 #108 SAN ANTONIO, TEXAS 78217 210-828-1102 PROJECT: 17-11-4E 1, THE UNDERSIGNED, A REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN TO THIS PLAT. FRANK G. HILL t<tUIZ:iItt<tU FIXUFILZ:iNUINAL LINUINILILK "I O 302.96' F ELEC,., GAS, TELE, LOT N BLOCK 1 /` CATV EASEMENT - 4.9'6,9 _ _AC ` BONING: -,, R-A -640 STREET—ADDRESS: 6197 PFEIL RD, 'N" 45 4 T75 3009'53)!, W__ 5 /' - 6 7 91 t z RONALD K\'VAN DYKE PORTION OF 15.0of TRACT ZONING" \R-A VOL 2358 PG 261 STREET ADDRESS: �146NE ASSIGNED,,_] CROSS BRANUCH, SURVEYINC 2319 N.E. LOOP 410 #108 SAN ANTONIO, TEXAS 78217 (210) 828-1102 zmnm WR wg�] GARY HILL ENGINEERING LLC 9238 TRAILING FERN HELOTES, TEXAS 78023 210-241-8060 TBPE FIRM NO. F-16593 S 36�-Bg, 155'21'37 "W 300 S F 9 1, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS, HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL THE REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. DATED THIS DAY OF A.D., 20 CITY ENGINEER THIS PLAT OF THE GUASTAFIERRO SUBDIVISION HAS BEEN SUBMITTED TO AND CONSIDERED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SCHERTZ, TEXAS, AND IS HEREBY APPROVED BY SUCH COMMISSION. DATED THIS DAY OF A.D., 20 BY CHAIRPERSON: SECRETARY: 22.5' 25' I _ � PG PAGE CATV CITY OF SCHERTZ ROW RIGHT OF WAY 0 F FOUND 1/2" IRON PIN BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED CARMINE N. & KAITLIN ANN GUASTAFIERRO KNOWN TO ME TO BE THE PERSON WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT —EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS — DAY OF A.D., 20. NOTARY PUBLIC, BEXAR COUNTY, TEXAS I HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND BY SAUL V. CASTILLO, R.P.L.S. SAUL V. CASTILLO R.P.L.S. NO. 6192 REGISTERED PROFESSIONAL LAND SURVEYOR CROSS BRANCH SURVEYING, LLC 2319 N.E. LOOP 410 #108 SAN ANTONIO, TEXAS 78217 210-828-1102 PROJECT: 17-11-4E 1, THE UNDERSIGNED, A REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN TO THIS PLAT. FRANK G. HILL t<tUIZ:iItt<tU FIXUFILZ:iNUINAL LINUINILILK "I O 302.96' F ELEC,., GAS, TELE, LOT N BLOCK 1 /` CATV EASEMENT - 4.9'6,9 _ _AC ` BONING: -,, R-A -640 STREET—ADDRESS: 6197 PFEIL RD, 'N" 45 4 T75 3009'53)!, W__ 5 /' - 6 7 91 t z RONALD K\'VAN DYKE PORTION OF 15.0of TRACT ZONING" \R-A VOL 2358 PG 261 STREET ADDRESS: �146NE ASSIGNED,,_] CROSS BRANUCH, SURVEYINC 2319 N.E. LOOP 410 #108 SAN ANTONIO, TEXAS 78217 (210) 828-1102 zmnm WR wg�] GARY HILL ENGINEERING LLC 9238 TRAILING FERN HELOTES, TEXAS 78023 210-241-8060 TBPE FIRM NO. F-16593 S 36�-Bg, 155'21'37 "W 300 S F 9 1, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS, HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL THE REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. DATED THIS DAY OF A.D., 20 CITY ENGINEER THIS PLAT OF THE GUASTAFIERRO SUBDIVISION HAS BEEN SUBMITTED TO AND CONSIDERED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SCHERTZ, TEXAS, AND IS HEREBY APPROVED BY SUCH COMMISSION. DATED THIS DAY OF A.D., 20 BY CHAIRPERSON: SECRETARY: 22.5' 25' I BEXAR COUNTY PG PAGE CATV CITY OF SCHERTZ ROW RIGHT OF WAY 0 F FOUND 1/2" IRON PIN 0 S SET 1/2" IRON PIN ELEC ELECTRIC TELE TELEPHONE AC ACRES SF SQUARE FEET CR COUNTY ROAD FBSL SITE �v \ MAPSCO 19686 LOCATION MAP NOT TO SCALE LEGEND & ABBREVIATIONS VOL VOLUME PG PAGE CATV CABLE TV ROW RIGHT OF WAY 0 F FOUND 1/2" IRON PIN 0 S SET 1/2" IRON PIN ELEC ELECTRIC TELE TELEPHONE AC ACRES SF SQUARE FEET CR COUNTY ROAD FBSL FRONT BUILDING SETBACK LINE INDEX CONTOUR —590 INTERMEDIATE CONTOUR . ... ........ ------ -- ROW CENTERLINE & SYMBOL LOT BOUNDARY TANGENT TABLE TANGENT LENGTH BEARING T1 295.41' S28*55'24"W 2.5' ROW DEDICATION 0.017 AC (738.25 SF) PRELIMINARY PLAT ESTABLISHING GUASTAFIERRO SUBDIVISION LOT 1, BLOCK 1, BEING 4.969 ACRES OUT OF THE STACY B. LENS SURVEY NO. 317, ABSTRACT NO. 433, NEW CITY BLOCK 16565, THE CITY OF SCHERTZ, BEXAR COUNTY, BEING ALL OF A CALLED TWO (2) ACRE TRACT AS DESCRIBED IN A WARRANTY DEED TO DANIEL KEVIN BRATCHER RECORDED ON VOLUME 4692, PAGE 252, REAL PROPERTY RECORDS OF BEXAR COUNTY, TEXAS, THE SAME TRACT AS CONVEYED TO EDDIE D. LYNCH, JR., AND SHARON E. LYNCH IN VOLUME 14483, PAGE 1215, REAL PROPERTY RECORDS OF BEXAR COUNTY, TEXAS, AND ALL OF A CALLED SECOND TRACT, A CALLED THREE (3) ACRE TRACT AS DESCRIBED IN SAID DEEDS. DATE PREPARED: JULY 9, 2018 Draft Planning and Zoning Commission Bylaws Section 1— Purpose The Planning and Zoning Commission shall: A. Review and approve or make recommendations on applications as set forth in the City of Schertz Unified Development Code. B. Make recommendations regarding the implementation of the City's Comprehensive Plan. Section 2 — Membership and Officers A. The Planning and Zoning Commission shall be composed of seven (7) members and one (1) additional member who shall serve as an alternate. The alternate will not be seated unless one of the regular members is not in attendance at the start of the meeting. If seated, an alternate shall serve in place of the regular member even if the regular member arrives late. Four (4) members shall make a quorum. B. Commissioners shall reside within the corporate limits of the City. C. Commissioners shall serve two (2) year staggered terms with the terms of 3 Commissioners and the alternate expiring in odd numbered years and 4 Commissioners expiring in even numbered years. D. Terms shall expire on May 31. E. The Commission shall hold elections for a chair who shall serve as the presiding officer and vice chair at the first meeting in August of each year. Special elections shall be held as needed if the chair or vice chair's membership ends during their term. Section 3 — Meetings A. Meetings shall generally be held on the second and fourth Tuesdays of the month. Meetings will be cancelled if there are no items to be considered. The meeting schedule may be adjusted to account for holidays. B. Special meetings may be called as needed. C. The Commission may establish committees as needed. D. Meetings shall comply with the Texas Government Code Chapter 551 (Texas Open Meetings Act). E. Each meeting shall provide for citizens to be heard generally as per City Council meetings. CITIZENS' RIGHTS 1 Addressing the Commission. Any person desiring to address the Commission by oral communication shall first secure the permission of the presiding officer. Manner of Addressing the Commission — Time Limit. Each person addressing the Commission shall speak at the podium into the microphone (or at another designated location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Commission, shall, subject to Section E4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Commission as a body, and not to any individual member thereof. No person, other than members of the Commission or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Commission, unless requested or approved by the presiding officer. No questions shall be asked of the Commission members, except through the presiding officer. Responses to questions may be limited as required by State law. Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Commission or otherwise while in attendance at a Commission meeting, may be requested to leave the meeting, if after receiving a warning from the presiding officer a person persists in disturbing the meeting, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Commission with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section E2 above) interested persons may speak, subject to the Commission members' right to appeal the presiding officer's ruling pursuant to Section F6. Subject to modification by the presiding officer, and subject to the Commission members' right of appeal pursuant to Section F6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Commission by any interested person(s); (iii) discussion by the presiding officer and Commission members, including requests for information from City staff or any person(s) who addressed the Commission; and (iv) action by the Commission, if any is posted on the agenda relating to the hearing. Written Communications. Interested persons, or their authorized representatives, may address the Commission by written communication in regard to any matter concerning the City's business or over which the Commission has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Commission members. Hearing of Residents. There shall be included on the agenda of each Planning and Zoning Commission meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Commission on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Commission prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Commission members and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section E2, unless otherwise authorized by the presiding officer. F. Motions and Meeting Procedures are as follows: 1 Motions. A Commission member, after he /she obtains the floor, or the presiding officer may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Commission member who did not make the motion within a reasonable but brief time period. The presiding officer may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Sections 93 through 9 1 are included by permission of Donald A. Tortorice, The Modern Rules of Order ABA Publishing, 2 "d Edition. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 4 members 2/3 Vote Meeting Conduct Motions point of privilege yes no no no yes no no point of procedure or order yes no no no yes no no to appeal a ruling no yes yes no no yes no to recess no yes yes yes no yes no Disposition Motions to withdraw yes no no no yes no no to postpone no yes yes yes no yes no to refer no yes yes yes no yes no to amend no yes yes yes no yes no to limit or close debate or "call the question" no yes yes yes no no yes to extend debate no yes yes yes no yes no to count the vote no yes no no no— no no Main Motions to reconsider yes yes if original motion was debatable no no yes no to rescind no yes yes yes no no yes to take action no yes yes yes no Yes * ** no Mandatory if seconded; no vote required Unless not allowed 4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Commission member to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Commission member(s). In essence, it is a call to the presiding officer for the purpose of assuring a Commission member's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Commission. Whenever a Commission member questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Commission members is required. 7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Commission members is required. 8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his/her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Commission member later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new Issue. 9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Commission to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Commission members is required. 10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section F14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of -four (4) Commission members is required. 11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of four (4) Commission members is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Commission member, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 1.3 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Commission member to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 14 Motion to Reconsider. Allows a main motion to be brought back before the Commission for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of the Commission. Any Commission member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the Commission, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the presiding officer does not state the question on the reconsideration until the immediately pending business is completed. 15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the Commission and must be made at the same meeting at which the subject matter of the motion was considered, and it requires a two - thirds vote of the commission members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the Commission cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Commission. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Commission are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of four (4) Commission members is required unless a greater vote is prescribed by the Charter or State law. 1.7 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Commission Member abstains from voting on an item: a. When the Commission Member is Legally Obligated to Abstain from Voting. When a Commission Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Commission Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. Staff shall record that the Commission Member left the room and abstained from the vote in the official minutes and there shall be no other effect. b. When the Commission Member Has No Legal Obligation to Abstain from Voting. When a Commission Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote.