PZ 10-10-2012PLANNING AND ZONING MINUTES
October 10, 20I2
The Schertz Planning and Zoning Commission convened on October 10, 2012 at 6:00 P.M. at the
Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
PLANNING & ZONING COMMISSION
David Richmond, Chairman
Ernie Evans, Vice-Chairman
Ken Greenwald
Christian Glambik
Bert Crawford, Jr.
Richard Braud
Michael Dahle, Alternate
CITY STAFF
Brian James, Executive Director of Development
Michelle Sanchez, Director of Development Services
Lesa Wood, Plamrer I
Patti White, Admin. Asst. Development Services
COlVI11~IISSIONERS ABSENT OTIIERS PRESENT
Jake Jacobs Bobby Delgado, Cude Engineers
Mike DeNuccio, Winstead
1. CALL TO ORDER/ROLL CALL
Mr. Richmond called the meeting to order at 6:O1 P.M
2.
3
4.
SEAT ALTERNATE TO ACT IF REQUIRED
Mr, Dahle was seated as a voting member,
HEARING OF RESIDENTS
® Donna Fitzgerald, 5304 Storm King, spoke of issues in Fairhaven.
CONSENT AGENDA
Mr. Richmond stated that Item 4A leas been removed from consent and will be discussed separately.
B. Pc 20I2-039
Consider and act upon a request for approval of a f nal plat of Friesenhahn l3 Subdivision
consisting of 12.3392+ acres, located on the northeast corner of the IH 35 Frontage Road and
Friesenhahn Road.
With regard to Item B of the Consent Agenda, Mr. Dahle moved to approve the consent item. Mr.
Crawford seconded the motion. Vote was 7-0. Motion cazxied.
A. PC20IZ-ors
Consider and act upon a request for approval of a final plat of the Fairway Ridge Subdivision, Unit 4,
consisting of 17.625 acre tract of land out of the Rafael Garza Survey No. 98, Abstract No 138,
Guadalupe County Texas. This property is generally located on the northeast corner of FM 1103 and
Chelsea Drive. The property is zoned Single Family Residential District {R-7).
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Planning and Zoning Commission
dctober 10, 2012
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Ms. Wood began the presentation on the item by stating that the applicant is proposing to final plat
17.625+_ acres of land establishing 72 single family residential lots with a minimum lot size of 6,600
square feet as dictated by the zoning district. The subject property is currently undeveloped and located
on the northeast comer of FM 1103 and Chelsea Drive. All utilities necessary for this subdivision are
available to the site.
This subdivision is consistent with all plans, ordinances, and regulations of the City. The property is
vested under the 1996 UDC (Ord. 96-5-28). Sidewalks will be constructed along both sides of the
street througl-out the subdivision, along Chelsea Drive and FM 1103. All sidewalks are designed to
meet the City of Schertz specifications. Sidewalks along FM 1103 will be installed with the public
infrastructure. Fees in lieu of parkland dedication in the amount of ~ 16,200.00 will be paid prior to
filing the final plat.
Ms. Wood stated that this final plat, which was originally approved in 2007, is not different; the
original expired.
Mr. Greenwald moved to approve the final plat as presented. Mr. Glombik seconded the motion.
Vote was 7-0. Motion can-ied.
5. PUBLIC 1-IEARING:
A. PC2012-030
Hold a public hearing, consider and act upon a request by Laura Heights Estates, L.P./Harry Hausman
for approval of a waiver regarding road construction related to the final residential replat for a portion
of Laura Heights Estates, Unit 4 subdivision and the final plat for Ivy Estates Subdivision. The property
consists of approximately 0.3101 acre tract out of Laura Heights, Unit 4, recorded in Volume 9625,
Pages 122-123 deed & plat records, Bexar County, City of Schertz, Texas and a 35.8] 40~ acre tract of
land out of the remaining portion of an originally called 153.65 acre tract as recorded in volume 2627,
page 140 deed records, Bexar County, Texas and is generally located approximately 764 feet south of
Leslie Heights intersecting with Hallie Heights. The property is zoned Residential Agricultural {RA).
Public Hearing opened at 6:10 P.M. Ms. Wood began the presentation on the item by stating that the
applicant is proposing requesting approval of a waiver regarding road construction of Lazar Parkway,
the northlsouth connector that runs adjacent to this property on the west. This residential replat/final
plat was approved by the Planning and Zoning Commission on July 11, 2012 to replat the existing 60'
drainage & waterline easement within the Laura Heights Estates, Unit 4 Subdivision to create street
right-af--way and subdivide approximately 35.8190 acres into 30 residential lots. As part of that
approval, the applicant did not specifically request a waiver to not construct Lazar Parkway.
The public hearing notice was published in "The Daily Cornrrzercial Recorder" on September 21, 2012
and the "Herald" on September 27, 201.2. There were 14 notices mailed to surrounding property
owners an September 20, 2012. Two (2) responses have been received; both opposed.
The Master Thoroughfare Plan (MTP) designates a proposed 86 foot right-of--way (north/south
connector) that is Identified on the plat as Lazar Parkway, adjacent to this property on the west. Tlae plat
identifies an 86' ROW dedication has been provided for Lazar Parkway.
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Planning and Zoning Commission
October I0, 2012
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The UDC, Article 4 Procedures and Applications, Sec. 21,4.1 S.E.1 Timing of Public Infrastructure
Improvement Construction, requires the installation of all public improvements required to serve the
subdivision before a final plat is recorded, or the applicant can defer the obligation to install the public
improvements conditioned on the execution of a subdivision improvement agreement and sufficient
surety to secure the obligations defined in the agreement. 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. Any public improvement not installed requires a waiver to be granted by the
Planning and Zoning Commission as prescribed in. Sec. 21.12.15 Waivers. Tlae UDC authorizes the
Plamung and Zoning Commission to grant waivers to the provisions in Article 12 when undue hardship
will result from requiring strict compliance. As part of the platting application a waiver request has been
submitted to allow the Planning and Zoning Commission to consider the facts atad conditions of the
request prior to granting a waiver.
Pursuant to UDC, Sec. 21.1.7 Apportiomnent of Municipal Infrastructure Cos#s, if the City requires as a
condition of approval for a property development project that the developer hear a portion of the costs
of municipal infrastructure improvements by the making of dedications, the payment of fees, or the
payment of construction casts, the developer's portion of the costs may not exceed the at~aount required
for infrastructure improvements that are roughly proportionate to the proposed development as
approved by a professional engineer who is licensed in the State of Texas, and is retained by the
municipality. This provision must be considered when determining public infrastructure for this project.
In order to determine if the required improvements to Lazar Parkway are roughly proportional, Staff
and the applicant agreed to utilize the City of San Antonio's methodology for evaluating rough
proportionality. The rough proportionality analysis indicates that while the right-of--way dedication is
clearly proportional, requiring construction of the adjacent segment of roadway would not be. As such
Staff is recommending a waiver to avoid an undue hardship that does not comply with UDC Sec.
21.1.7.
The final plat was approved on July 1 1, 2012 by the Planning and Zoning Commission. The applicant
is requesting approval of a waiver regarding constriction of Lazar Parkway. Based on the calculations
provided by the applicant, using the City of San Antonio's methodology, the developer's dedication of
the 86' of ROW has fulfilled the developer's portion of the costs of ROW improvements.
Mr. James discussed the methodology for calculating the rough proportionality of the infrastructure
improvements required to be dedicated or constructed by the developer.
Mr. Richmond recognized the following to speak:
® Michael DeNuccio, 300 Convent, Suite 2700, spoke about rough proportionality and changes to the
UDC that would help clarify requirements for developers.
• Donald McCallie, 6945 Hallie Heights, spoke about the conceni of drainage in the neighborhood
~~d Lazar Parkway.
® Clare Layton, 12231 Lost Meadows Drive, spoke about changes to the UDC.
• Clark McChesney, 7818 Hallie Heights, spoke about drainage concerns and the connections of the
streets.
Public Hearing closed at 6:35PM.
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Planning and Zoning Com.tnission
October 10, 2012
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Mr. Greenwald moved to approve this item granting approval of a waiver with regard to road
construction. Mr. Glombik seconded the motion. Vote was 7-0. Motion. tamed.
6. ITEMS E®R INDIVIDUAL C®NSIDERATION:
A. PC2012-041 The Reserve at Schertz, Unrt 1 ---- Preliminary Plat
Consider and act upon a request of a preliminary plat of The Reserve at Schertz, Unit 1 Subdivision,
consisting of 23.192+ acres of land containing 31 buildable residential lots located east of Graytown
Road. This property is currently zoned Residential Agriculture (RA}.
Ms. Wood began the presentation an the item by stating that the applicant is proposing to preliminary
plat 23,182-~ acres of land establishing 31 single family residential lots with a minimum lot size of
21,780 square feet and 25' building setbacks on all sides dictated by the zoning district.
The subject property is located north of 1H 10 off of N. Graytown Road adjacent to the Hunter Estates
and Ivy Estates subdivisions. A portion of the subject property is located within the 100-year floodplain
identified as Unit 4.
The UDC, Article 14, requires that all residential subdivisions have a minimum of two (2} locations
accessing existing public streets. This development is designed to have two (2) points of access via N.
Graytown Road and through the adjacent Ivy Estates SubdivisionlLazar Parkway. The City's Master
Thoroughfare Plan (MTP} designates a proposed northlsouth collector identified on the plat as Lazar
Parkway (86' ROW) which right-of--way was dedicated with Hunter Estates and Ivy Estates. The MTP
proposes an expansion of the existing Graytown Road (60' ROW} to an 86' ROW. The applicant is
providing the 13' dedication for Graytown Road.
While the applicant is requesting a waiver to not improve Graytown Road, this road still provides a
point of access in its existing condition to the subdivision, The applicant is also requesting a waiver to
not construct Lazar Parkway, except for the connection to Ivy Estates which upon its acceptance (anal
after the acceptance of Ivy Estates) will provide the second point of access.
The applicant will be responsible for complying with Unified Development Code (UDC), Section
2] 9.9 Tree Preservation and Mitigation, and there are no protected or heritage trees that will be
destroyed or damaged.
Sidewalks will be constructed along both sides of the street throughout the subdivision and along
Graytown Road and Lazar Parkway. All sidewalks are designed to meet the City of Schertz
specifications. This site is serviced by Schertz water; the extension of an 8" waterline will be tied. to the
adjacent Ivy Estates Subdivision. The subject property is affected by the additional design requirements
of the UDC, Section 21.14.3. along Lazar Parkway and N. Graytown Road to include landscaping
buffers and screening. A laazdscape buffer lot (Lot 1, Block 15}adjacent to N. Graytown Road has been
provided with this plat.
The site is within the San Antonio River Authority (SARA} certificate of Convenience and Necessity
(CCN). SARA has confi~~ned the ability to serve the site except there are no sewer lines currently
constructed in the area. The applicant is proposing an on site sewer facility (OSSF} which is regulated
by Bexar County. In accordance with UDC, Article 15 Easements and Utilities, Sec. 21.15.3.B,
Wastewater System, all lots, tracts and parcels on whit]} the development is proposed shall be
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Planning and Zoning Cornn~ission
October ]0, 2D12
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connected to a public wastewater system, Based on the requirements of the UDC the installation of
OSSF requires a waiver to be granted by the Planning and Zoning Commission. The applicant will be
responsible for all drainage associated with the subject property, and for compliance with the Storm
Water Ordinance. The majority of storm runoff from the Reserve at Schertz, Unit 1 will flow to the 100-
year floodplain located along the east boundary of future Unit 3. Drainage calculations have been
reviewed and accepted by the City Engineer. Drainage requirements and standards are defined in
Article 13 Land Disturbing Activities and Drainage -Section 21.13,2 Drainage and Section 21,13.3
Stormwater Management Plan of the United Development Code.
All streets to be improved will be done so as per City of Schertz specifications. The development is
located adjacent to Graytown Road. Graytown Road is an existing 60' ROW and the MTP designates it
as a secondary arterial (86' ROW). 13' of ROW has been dedicated to the City of Schertz for the
expansion. The property is located adjacent to future Lazar Parkway; the full right-of--way is being
dedicated by the adjacent Ivy Estates Plat. The applicant is requesting a waiver to not construct the half
of Lazar Parkway adjacent to this plat.
The developer is requesti~rg the waiver to the UDC requirement because at this time SARA does not
have public wastewater lines constructed to the property,
Discussion followed between the Staff, Commission and Applicant related to the site.
Mr. Dahle moved to approve this item including the requested waivers. Mr. Glambik seconded the
motion. Vote was S-2 with Mr. Crawford and Mr. Evans voting nay. Motion carried.
7. DISCUSSION
A. Discussion and Public Hearing to discuss a draft Ordinance amendment related to constnzction
requirements. (James/Sanchez}
The public hearing opened at 7:00 P.M. Ms. Sanchez provided the Commission and residents with a
draft Ordinance. Based an discussion with the City Council on May 29, Staff has been worlung to draft
ordinance amendments to reduce the likelihood of having foundation problems in single family homes.
Staff is recommending changes to a number of different articles of Chapter 18, Building and Building
Regulations of the Code of Ordinances, City of Schertz. Generally, these changes involve:
• Requiring a soil test from a licensed geotechnical engineer for each lat.
• Requiring a licensed engineer to certify that the foundation was constructed and cured in accordance
with previously approved plan specifications.
+ Requiring plans sealed by a licensed engineer in order to receive a permit to constrict a retaining
wall greater than 4' in height and limiting incursions into the retaining wall area.
® Requiring tlae licensed engineer wlro designed tl~e foundation to attest that they have considered the
Post Tension Institutes standards as part of the design.
• Requiring a concrete strength test and a statement of conformance with the design of the foundation
and inspection of monolithic pour slabs by a third party inspector.
+ Requiring pre-engineered truss shop drawings be signed and sealed from the engineer of the
manufachzrer. The engineer of record for the entire structure must provide letter accepting the
incorporation of these assemblies into the overall design. Require the signed and sealed pre-
engineered truss plans and shop drawings on site for inspection.
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Planning and Zoning Commission
October 10, 2012
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® Eliminating the reference to unsatisfactory work a basis for revoking a license from the Code of
Ordinances, as the City can only revolve a license far a violation of the City's Code of Ordinances
Mr. James stated based on the feedback during the meeting, Staff will schedule the input meetings on
the proposed changes. While not an ordinance change, Staff is proposing to keep records on all
residential homes for 10 years.
Mr. Richmond recognized the following to speak:
® Dan Hollestelle, 5525 Columbia, spoke on problems in Fairhaven and the draft Building Ordinance
including pressure test and retaining walls.
m Ryan Mahoney, 5233 Columbia Drive, spoke on problems in Fairhaven and the draft Building
Ordinance including possible random inspections and soil tests.
® John Fitzgerald, 5304 Storm King, spoke an problems in Fairhaven.
• Steve Layton, 12231 Lost Meadows, spoke on the draft Building Ordinance.
Public Hearing closed at 7:35 P.M. Discussion followed between the Staff and the Commission
The Commission made the following points:
® Keep records 10 years frown the issuance of the CoO.
• If we require a soil sample, need a standard and a database for the information.
~ Need to be concerned about rebar.
Did we check other cities and their best practices?
® How da we transfer restrictions/easements on retaining walls from homeowner to homeowner?
® Poor cormnunication of information is passed from the sales force to the potential hamebuyer.
• Need core sampling on every lot; possibly more than one.
• Do we have to allow retaining walls over a certain height?
• Pre-engineered truss signed and sealed, but factory ships out a different size. How is that handled?
Mr. James stated that Staff would go back and make some adjustments based on this public hearing to
the draft Building Ordinance. This draft will be brought back to P&Z in month, and then focus groups
(developers, builders, chamber, etc.) will be invited to review and discuss the ordinance.
8. 1~EQUES~'S AND ANNOUNCEMENTS:
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.
® None.
1$. Requests by Commissioners to Staff for information.
® None.
C. Announcements by Commissioners.
• City and community events attended and to be attended
• Continuing education events attended and to be attended
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Planning and Zoning Commission
October ]0, 2012
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