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PZ 06-13-2012PLANNING AND ZONING 1VIINU'I'ES .Tune I3, 2012 The Schertz Planning and Zoning Commission convened on June 13, 2012 at b:00 P..M. at the Municipal Complex, Council Chambers, 14-00 Schertz Parkway Building #4, Schertz, Texas. PLANNING ~a ZONING COMMISSI®N Ernie Evans, Vice Chairman Bert Crawford, Jr. Gordon Rae, Alternate Ken Greenwald Michael Dahle, Alternate CO1VI11~I15SIONERS ABSENT David Richmond, Chairman Christian Glombik Jake Jacobs Richard Braud 1. CALL TO ORDER/ROLL CALL 2. 3. 4. 5. CITY STAFF Michelle Sanchez, Director of Development Services Misty Nichols, Senior Planner Brian James, Executive Director of Development Patti White, Admin. Asst. Development Services OTIIERS PRESENT Chris Price, Schertz 1518 Brad Pittenger, Schertz 1518 Roy Bechtol, Design Planner Mr. Evans called the meeting to order at 6:00 P.M. SEAT ALTERNATE TO ACT IF REQUIRED Mr. Dahle and Mr. Rae were seated as a voting member. HEARING OF RESIDENTS No citizen comments. CONSENT AGENDA A. Minutes for May 23, 2012. B. Minutes for June 6, 2012. After the reading of the Consent Agenda, Mr, Dahle moved to approve both items. Mx. Crawford seconded the motion. Vote was 5-0. Motion carried. PUIILIC HEARING Minutes Planning and Zoning Commission June 13, 2012 Page 1 of 7 A. ZC20>! 2-002 Continue the public hearing, consider and act upon a request to amend the Sedona Trails Planned Development District (PDD) zoning, a mixed use development, consisting of approximately 504.56 acres. The property is more specifically described as a portion of the Julian Diaz Survey No. 66, Abstract No. 187 County Block 5059, and also a portion of the E.R. Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79, Abstract No. 424, County Block 5058, City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower Seguin Road. Public Hearing reopened at b:04pm. Ms. Nichols explained that the Commission continued the public hearing and tabled action for this item at the May 23, 201.2 Planning and Zoning meeting. The developer is continuing to work with staff on the design standards for this project and is not in final draft at this time; therefore, staff recommends closing this public hearing and tabling the item to allow staff time to work with the applicant further. When the applicant is ready to present the amendment we will re-notice the surrounding property owners of a public hearing prior to presenting to the Commission for consideration. Mr. Price, Schertz 1518, stated that the architectural design standards were more difficult than anticipated. He stated that within the next 30 days they will be able to present the architectural and design standards. They have finalized Phase 1 plan and submitted the plat to the city. Construction drawings have been submitted for Phase 1 also. The timetable is to bid the project in early July with homes by the end of the year for Phase 1 for the 123 lots. They are starting to work on Phase 2. Mr. Pittenger, Schertz 1518, discussed the process of working with city staff on working on the design standards vs. vision of what they want to achieve. Mr. Bechtol discussed drawings presented; that they are trying to be consistent and concentrating an Phase 1 including the green core belt, the amenity center, screening treatment along 1 S 18, signage, graphics, and the entry. Mr. Evans asked about the drainage where the greenbelt is now. Mr. Bechtol stated that the greenbelt is the same location and has been expanded, Mr. Bechtol also discussed specifics with the 3 parks, pavilions, play areas, the pool, trail network, amphitheater and amenity center. Archie Haley, 8466 Greaves Lane, asked about haw they plan to get rid of extra drainage. Mr. Price responded that the engineers have spent time creating channels, and that the pipeline easement will not be used for drainage as that water will go through the open space. Mr. Price stated that he would like to sit down and talk to Mr. Haley to address his concerns. Tim Knotts, owner of automotive car lot at the cornerlintersection of 1518 and Lower Seguin Road, stated since 2005 the drainage has been working very good. Minutes Planning and Toning Commission June 13, 2012 Page 2 of 7 Mr. Crawford. asked if possible to get the slides (electronically} to city staff so they can be distributed to the Commission. Mr. Price said yes, dley would take care of it the next day. Mr. Evans closed the public hearing at 6:30pm. Mr. James stated that staff recommended to table the item indefinitely and when ready, staff will notify the public by reporting far a public hearing. M. r. Greenwald moved to table the item. Mr. Crawford seconded the motion. Mr. Dahle recused himself. Vote was ~l-~. Motion carried. 6. I~ISCUSSI®~T ITEMS: ~1. Presentation on the North/South Schertz Gateway study. (B. ,Tames) Mr. James presented the South Sche~-tz plan first. He discussed the following points: • Goals of the Initiative. • Preliminary Assessment. • Guiding Principals. • Proposed Framework Plan. • Development Character. • Estate Neighborhood. • Neighborhood Development. • Agricultural Conservation. • Neighborhood Center. • Highway Commercial. • Low Impact Campus. • Campus Commercial. • Transition. • Air Installation Compatible. • Zoning Recommendations. ® Major Considerations. Minutes Planning and %oning Commission Tune l3, 2Q12 Pagc 3 of 7 Mr. James presented the North Schertz plan. He discussed the following points: ® Goals of the Initiative. • Preliminary Assessment. • Regional Approach to Drainage. • Guiding Principles & Vision. • Development Character. • Transit Oriented Development. • Mixed Use Neighborhood Center. ® Urban Residential. ® Single-Family Neighborhood. • Agricultural Conservation. ® Highway Commercial. • Light Industrial. ® Campus Commercial. • Zoning Recommendations. • Major Considerations. Mr, James stated that next Charrette, Open House and Tour concentrating on Main Street and North Schertz east of IH 35 North is scheduled for June 25 and June 2b with a different format than in the past. Staff will send an email with that information to the Commission. On June 25 at 9:OOam there will be a walking tour Downtown on Main Street, and at 6:30pm the North Schertz Charrette additional area will be held at the Civic Center. On June 26 there will be an Open House from 4:30pm - 7:OOpm at the Civic Center to discuss Downtown/Main Street. Commissioners requested that the North and South Schertz plans that were discussed tonight be sent via email. B. Update on Unif<ed Development Code {M. Sanchez) B. James) Ms. Sanchez presented the Unified Development Code proposed changes and how it may relate to the next revision process with regard to building construction. This is the same presentation given by Mr. James at City Council meeting on May 29, 2012. These were the points discussed regarding building questions: The pictures clearly indicate a problem. ® The Cities of Abilene, Beaumont, Kerrville, Longview, and El Paso currently require contractors to provide surety bonds. The representatives from the Cities indicated bonds are required as a means of addressing code violations prior to issuance of a certificate of occupancy- not remedying a problem that appears after issuance of a certificate of occupancy. The City of Schertz currently requires "all contractors who practice their craft within the City to show proof of general commercial liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not 6e less than $250,000.00." The purpose of the bonding requirement in all of these cities is to address demonstrable code violations. Staff does not support requiring contractors to post surety bonds. Minutes Planning and Coning Commission June 13, 2012 Page 4 oi' 7 ~ Staff supports homebuyers obtaining all documents they feel are necessary in order to make informed decisions. Some documents (building plans, HUD forms, or lists of contractors} may not exist far existing homes. Staff does not recommend that the City adopt and enforce Federal (EPA or HUD) or State (Texas Commission on Environmental Quality (TCEQ)) regulations. Enforcement should be uniform nationally or state-wide. These agencies monitor and enforce the regulations they create as they determine appropriate. Staff feels that enforcing environmental regulations is not something the City will be able to do as well as TCEQ or EPA. ~ As per the "Proposed Development and Building Standards Beyond Current Minimums" previously proposed by City Staff in March, staff recommends that we require soil test reports for each lot prior to engineering foundations, require a statement from an engineer that the slab was designed to the soil conditions of the site; and require sealed engineer certifications stating foundations are constructed to plan specifications and industry standards; require monolithic pour on residential slabs to be certified by a third party inspector; require a minimum slab cure period prior to placing load on a "green slab" or commencement of framing to be certified by a third party inspector; far post tension slabs, follow Post Tensioning Institute (PTI) guidelines for post-tension slab-on-ground foundations including inspection by third party PTI certified independent agency inspector; pre- pour, pour, and post-pour tension inspection, including slump test during concrete pour, Tendon Stressing Reports and Calibration records on Stressing Equipment; Tendon Stress inspectors shall be PTI certified with a minimum of 5 years experience {need to verify if service at this level is available in the region); and prohibit incursion into retaining wall fill (swimming pools, foundations, etc.) without structural engineer's design and seal. ® The cities of El Paso and Frisco, Texas do not prohibit utilizing engineered components. With regard to the City of Frisco, all framing in Frisco for residential new construction requires an engineered design regardless if constructed with conventional framing techniques or incorporating pre-engineered wood or trusses; they receive the pre-engineered truss assembles and shop drawings signed and sealed from the specialty engineer of the manufacturer. The engineer of record for the entire structure is to review and accept the incorporation of these assemblies into the overall design; and. they require the reviewed engineered plans and shop drawings on site for inspection. If the framing does not match the plans, the inspection would fail and not move forward. It would be the respansibiiity then of the permit applicant to resubmit engineered plans matching construction or make corrections to the construction to match the design. The City Attorney is researching how regulations imposed at. the Federal level would likely restrict a City's ability to prohibit engineered structured components. Staff recommends that the City require pre-engineered truss shop drawings be signed and sealed from the engineer of the manufacturer, the engineer of record for the entire structure must provide letter accepting the incorporation of these assemblies into the overall design; and require the signed and sealed pre-engineered truss plans and shop drawings on site for inspection. If the framing does not match the plans, the inspection would fail and not move forward until engineered plans matching construction be resubmitted or corrections are made to the construction to match the design. ® Staff recommends that copies of all required documents should be maintained by the City far ] 0 years after issuance of a certificate of occupancy so as to be available to the public. Minutes Planning and Zoning Commission .Tune 13, 2012 Page 5 of 7 Staff recommends the City work through organizations such as the Texas Municipal League to promote appropriate legislation to protect homeowners from poor quality construction. Staff feels that the creation and enforcement of a lemon law would be most effective on a statewide level. Such legislation has been proposed at the state level in the past. The City cannot revoke a contractor's license because a customer or group of customers does not. feel the work is satisfactory if the work complies with all City codes for issuance of a Certificate of Occupancy. Staff recommends amending this section to eliminate the reference to unsatisfactory work, as the City can only revoke a license for a violation of the City's Code of Ordinances. The City is not in a position to "engage the Attorney General" to investigate issues. Any violations of Federal and State laws should be initiated by the appropriate Federal ar State agencies which are able to enforce their awn regulations. Citizens may report their concerns to the Consumer Protection Division of the Texas Attorney General's Office via the Consumer Protection Hotline: {800} 621-0508. According to the Attorney General, a significant number of complaints may give rise to legal action by the Attorney General. Note that lawsuits, if filed, are filed on behalf of the State of Texas. The Attorney General cannot represent individual consumers; nevertheless, some legal actions produce restitution for individual consumers. The City will formally invite a builder to be placed on a future City Council agenda. The City cannot legally require the builder to attend a City Council meeting. Staff can include an item on the Planning and Zoning Commission's agenda in July to begin discussion on proposed ordinance amendments. Staff will work on a draft ordinance in June. Given that each resident is in a different situation with regards to problems with their homes, Staff should not presume to tell individual homeowners how best to resolve issues. N1s. Sanchez stated that staff is reviewing the UDC for extensive revisions to certain articles, especially parking and signs. Also, a drainage presentation to the Commission will take place at the June 27, 2012 meeting. 7. REQUESTS AND ANN®UNC>CNIENTS: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. Mr. Crawford asked if staff is working on getting packet documents on the web site. Ms. Sanchez responded that staff is working with the appropriate departments to accomplish it. B. Requests by Commissioners to staff for information. Mr. Evans asked why Willow Grove subdivision has set idle for 30 days or more. Ms. Sanchez responded that staff has received plans far the entry sign, landscaping and irrigation, which is under review, and that we are unaware of any delays reported. C. Announcements by Commissioners. ® City and community events attended and to be attended ~ Continuing education events attended and to be attended Minutes Planning and Zoning Co€nrraission June 13, 2012 Page 6 of 7 ..- I _ .. - ~ ~ ,. - _~ ~~ _ _ _ - ~~ ~_ r~._. -- _ -:.. .. -. ~.r ~~ - - -- ~-