Loading...
2 - PZ - All staff reports with exhibits for 4B & 5CWhile the applicant is requesting a waiver to not improve Graytown Road, it still provides a point of access in its existing condition to the subdivision. The applicant has been granted a waiver by the Commission not construct Lazar Parkway, except for the connection to Ivy Estates which provides the second point of access. 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 there is no protected or heritage trees on the site; which has been confirmed by George Logan, Director of Parks and Community Services. PUBLIC IMPROVEMENTS AND SERVICES: Water: This site is serviced by Schertz water; the extension of an 8" waterline will tie to the adjacent The Reserve at Schertz, Unit 2. Sewer: The site is within the San Antonio River Authority (SARA) certificate of Convenience and Necessity (CCN). SARA has confirmed 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. 21.15,3.13, Wastewater System, all lots, tracts and parcels on which the development is proposed shall be 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 Commission granted a similar waiver for The Reserve at Schertz, Unit 1 & 2. Drainage: The applicant will be responsible for all drainage associated with the subject property, and for compliance with the Storm Water Ordinance. 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 Unified Development Code. Sidewalks, Hike and Bike Trails: Sidewalks will be constructed along both sides of the street throughout the subdivision and are designed to meet the City of Schertz specifications. The developer has agreed to place the actual cost of construction of the sidewalks along Graytown Road in an escrow account in lieu of the sidewalk construction, The sidewalks will be constructed at the time of road improvements or at which time the City determines appropriate. Additional Design Criteria; The subject property is affected by the additional design requirements of the UDC, Section 21.14.3. along N. Graytown Road to include landscaping buffers and screening. An 8' masonry screening wall will be constructed along N. Graytown Road at the rear of each residential lot at the time of development, A landscape buffer lot (Lot 40, Block 13) adjacent to N. Graytown Road has been provided with this plat. Road Improvements: The streets within the subdivision will be constructed according to 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 developer requested a waiver to not construct the improvements to N, Graytown Road based on the rough proportionality analysis findings that the supply provided is roughly proportionate to the demand resulting from the development. The Planning and Zoning Commission granted a'waiver on Unit 1 & 2 which allows the developer to provide the required dedication of land for public ROW without construction or improvement to the ROW's. Rough Proportionality is considered pursuant to UDC, Sec. 21.1,7 Apportionment of Municipal Infrastructure Costs. STAFF ANALYSIS AND RECOMMENDATION: On July 10, 2013 the Planning and Zoning Commission granted a waiver regarding construction of Lazar Parkway and Graytown Road; based on the calculations provided by the applicant, using the City of San Antonio's methodology. Staff is supportive utilizing San Antonio's methodology to determine rough proportionality. Based on the analysis, while the developer will be dedicating the necessary right -of -way, to require improvements to either Lazar Parkway, beyond what the developer is proposing to provide access, or Graytown Road creates a rough proportionality issue. The Commission also granted a waiver to allow the developer to install an on site sewage facility on each residential lot because a public wastewater system is currently not installed in the area The final plat has been reviewed under Ordinance No. 11 -5 -15 with no objections by the City Engineer, Public Works, Parks, Inspections, Fire and Police. The plat is consistent with all applicable zoning requirements, ordinances, and regulations of the City with the waiver approval. Planning Department Recommendation X Approve as submitted with waiver Approve with conditions* JAI Denial hile 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 a final plat, the Commission should consider the criteria within UDC, Section 21.12.10.D. Attachments: Aerial (Map), Rough Proportionally Analysis, Waiver letters, Master Plan Exhibit, Plat Exhibit �-- .1 0 . imim COO NAVARRO SUITE 500 SAN ANTONIO, TEXAS 7a205 TELEPHONE ) 210) 349 -0515 FACSIMILE t2 1O) 349 -3666 writer's direct dial: (210) 581 -5580 Ms. Lesa Wood Planner I Development ,Services City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 r �. 1, 'E A PROFESSIONAL CORPORATION ATTORNEYS AT LAW August 2, 2013 Bobby Perez bperez @shelion- vaiadez.com RE: PC2013 -028; The Reserve at Schertz, Unit 3 — Final PIat Request for Waiver — Rough Proportionality Dear Ms. Wood: Pursuant to Technical Review Comments provided in the letter dated August 1, 2013, the applicant is seeking a waiver, pursuant to Section 21.12,1 S, from Section 21.4.15.E.1 regarding the construction of public infrastructure. Pursuant to Texas Local Government Code, Section 212.904, and Section 21.1.7. of the Schertz UDC, the municipal infrastructure improvements, including the dedication of right-of- way, payment of fees, and the payment of construction costs, required by the UDC exceeds the amount that is roughly proportionate to the proposed development's impact on the municipal infrastructure. The Reserve at Schertz consists of 88 residential units, with Unit 3 being 25 residential units. The proposed supply of municipal infrastructure to be dedicated, constructed, or, at the option of the developer, a fee in lieu of construction paid by the developer, consists of the following: 0 13 linear feet of right- of-way dedication for the expansion of Graytown Road; and a 5 foot sidewalk along Graytown Road, According to the City of San Antonio's methodology, the supply provided is roughly proportionate to the demand resulting from the development. Therefore, the proposed supply complies with the requirements of State Law. Ms. Lesa Wood Planner 1, Development Services City of Schertz August 2, 2013 Page 2 As the traffic impact on the existing and proposed infrastructure is minimal, the granting of this waiver will not have a negative impact upon traffic conditions, nor upon the health, safety, convenience, and welfare of those residents within The Reserve at Schertz or communities in the vicinity. (See Section 21.12.15.A.) The granting of this waiver will not be detrimental to the public health, safety, or welfare, or be injurious to other property in the area. (See Section 21.12.15.A.1.) Further, the granting of this of this waiver will not have the effect of preventing the orderly subdivision of other land in the area. (See Section 21.12.15.A.2.) The granting of this waiver does not constitute a violation of a valid law, ordinance, code or regulation of the City. (See Section 21.12.15.D.) In fact, the use of rough proportionality is required by the City of Schertz UDC and State Law. As stated above, the granting of this waiver will not have detrimental effect on property owners within The Reserve at Schertz, nor will it have any detrimental effect on property owners or property in the vicinity of The Reserve at Schertz or the City of Schertz as a whole. Therefore, in accordance with the UDC, the applicant respectfully requests that City Staff recommend, and the Planning mid Zoning Commission approve, the granting of a waiver to employ the rough proportionality methodology to determine the municipal infrastructure improvements required to be dedicated or constructed by the developer, as required by State Law. Should you have any questions, please do not hesitate to contact me. u M ROBERT J. PEREZ RJP /CCOImv cc: Andy Rodriguez, Brioncs Consulting & Engineering, Via Email Harry Hausman, Via Email 600 NAVARRO SUITE SOO SAN ANTONIO, TEXAS 76205 TELEP-.0NE (210) 349 -0515 FACS'Mt_E (210) 349 -3666 writer's direct dial: (210) 581 -5580 Ms. Lesa Wood Planner I Development Services City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW August 2, 2013 Bobby Perez bperez@sheiton-valadez.com RE: PC2013.028; The Reserve at Schertz, Unit 3 — Final Plat Request for Waiver - OSSF Dear Ms. Wood: Pursuant to the Schertz UDC and the Technical Review Comments dated August 1, 2013 the applicant is seeking approval of the City to install On -Site Sewage Facilities (OSSF) at The Reserve at Schertz, pursuant to Section 21.15.3.E. We understand that the City interprets this approval to be granted through the approval of a waiver by the Planning and Zoning Commission. Therefore, please let this letter serve as the applicant's formal request for waiver, pursuant to Section 21.12.15. As stated in the Staff Report for the Master Plan for The Reserve at Schertz, the Reserve "is within the San Antonio River Authority (SARA) certificate of Convenience and Necessity (CCN). SARA has confirmed the ability to serve the site except there are [no] sewer lines currently constructed in the area." In fact, the closest sewer lines are almost a mile from the property and there is not currently a gravity sewer main to serve this Iocation. The granting of this waiver will not have a negative effect upon the traffic conditions, nor upon the health, safety, convenience, and welfare of those residents within The Reserve at Schertz or communities in the vicinity. (See Section 21.12,15.A.) The granting of this waiver will not be detrimental to the public health, safety or welfare, or be injurious to other property in the area. (See Section 21.12.15.A.1.) Orr -Site Sewage Facilities are heavily regulated by the County of Bexar and the Texas Commission of Environmental Quality (TCEQ). This regulation ensures that OSSF are safe for the use of the homeowner and do not cause injury to adjacent property owners. Ms. Lesa Wood Planner 1, Development Services City of Schertz August 2, 2013 Page 2 Further, the granting of this waiver will not have the effect of preventing the orderly subdivision of other land in the area. The use of OSSF has no effect on the orderly development of other land in the area. The use of OSSF does not impact other properties as no easements are required of off -site properties. Other developments in the vicinity of The Reserve at Schertz have implemented OSSF and have not prevented the orderly subdivision of other lands in the area, including The Reserve at Schertz. (See Section 21.12.15.A.2.) The granting of this waiver does not constitute a violation of a valid Iaw, ordinance, code or regulation of the City. (See Section 21.12.15.D) This waiver is specifically permitted and called for in Section 21.15.3.E. As stated above, the granting of this waiver will not have any detrimental effect on property owners within The Reserve at Schertz, nor will it have any detrimental effect on property owners or property in the vicinity of The Reserve at Schertz or the City of Schertz as a whole. Therefore, in accordance with the UDC, the applicant respectfully requests that the City staff recommend, and the Planning and Zoning Commission approve, the granting of the waiver to permit the use of OSSF with The Reserve at Schertz. Should you have any questions, please do not hesitate to contact me. RJP /CCO /mv cc: Andy Rodriguez, Briones Consulting & Engineering, via Email Harry Hausman, Via Email y�Y O C H ]lr 7n I umy O m A I 2C'02wb— m3 oz mvy Z cbsm aZ mx ['-03� o-d z3 Y F 0 9A o 5 2� ttno s � a r m b r I '� I ti4a � aNpo A la 2N rri mm -o7[I rJ,° I -r � y _ 1 a n � aNpo A la 2N K NKpA I o a� a n -n qo 7 m� X 0111 p+p 1� tic I O OiW I 1 . T i s l Phi � �uX = ' A? ui ��li L- �/ 5l a`+ ga,aia C nn va�'N'S" �,/ -�•= . A R -- s- "Sian„ m" zsmv I{ ono opr nI I �' we.00• ua1. I 2 b MAS'T'ER DEVELOPMENT PLAN y � � Z am FOR A =—u '.i— MHO tiE �RFtio Tom. THE RESERVE AT SCHERTZ - 93.452 ACRBS WAY(M)MA-31 g SRN AN70NIO,"79399 (I16 U81192 fae SC(- IERTZ,TE)([i,5 MPE HRM REG, NO. F -5929 2 i w _ K a � aNpo 2N -n qo 7 m� X 0111 p+p 1� tic I O OiW I 1 . T i s l Phi � �uX = ' A? ui ��li L- �/ 5l a`+ ga,aia C nn va�'N'S" �,/ -�•= . A R -- s- "Sian„ m" zsmv I{ ono opr nI I �' we.00• ua1. I 2 b MAS'T'ER DEVELOPMENT PLAN y � � Z am FOR A =—u '.i— MHO tiE �RFtio Tom. THE RESERVE AT SCHERTZ - 93.452 ACRBS WAY(M)MA-31 g SRN AN70NIO,"79399 (I16 U81192 fae SC(- IERTZ,TE)([i,5 MPE HRM REG, NO. F -5929 2 i w _ K a in v m w J og "R 0 u� �n �g pro �o - mew r � W _ W p F �e t) Q o bMO 3 Z u_ m pa - p �W xv+rc Ss =,��ui�2 oN o✓� ��yz tl as � oN wW�Nw oos ��mcoog ���o7aq <iq °Cc �sa aN< y S � � v pad � o bP 3hq 30V� v m Qo'4 �za � LL 6�ldS n ]� c q Q O ¢ K N ! 3 E`€ L.��3 F 0 x woy' o�Z " ? T in v m w J og "R 0 u� �n �g pro �o - mew r � W _ W p F �e t) Q o bMO 3 Z u_ m pa - p �W xv+rc Ss =,��ui�2 oN o✓� ��yz tl as � oN wW�Nw oos ��mcoog ���o7aq <iq °Cc �sa aN< y S � � v pad � o bP 3hq 30V� v m Qo'4 �za � LL 6�ldS Wi .W w -� 4 O 111 � a W w w X t � si a io n n 0 U a � N w +O N � C4 ]� = W I/7 W O N a 3 E`€ L.��3 Iww2 m w o w. i,�l m m gnu � Wi .W w -� 4 O 111 � a W w w X t � si a io n n 0 U a � N w +O N � C4 z � Z 'uxi N o o 7 N ry� w ? � �e 3 M a y W ` d 26 �3 g3s a�fi F�� 5" z ,v,v SN 5x��o 5zry rp- F aC u�•Y --� «�wo`�zo�H �d`o waq °mo�C� �� :�i'•'�m 3wo zap swn s5ae�<m�^us��e&i� u wl } S� C C D �0 ]Ny-, JiM33 C? � B �p �y� woxn Uo I on �c °- v�N 2L 9 wz o NP LLI d EAR ao� u7 N Cl') °�?r zNOS` °� C 26 �3 g3s a�fi F�� 5" z ,v,v SN 5x��o 5zry rp- F aC u�•Y --� «�wo`�zo�H �d`o waq °mo�C� �� :�i'•'�m 3wo zap swn s5ae�<m�^us��e&i� u wl } S� C C D �0 ]Ny-, JiM33 9 l o °s i °gce Waa�ai � w - N I- ram t R � Y V . . ,... i ®i ® I.. my I A [ .- �` •O0. WN RP ?� - 0.0]6 C AC)019 w�;tu. 62a.o - 0'929 'h363 3 - S'LZ9 'h313 - - _ mmr'n '!'j 'h'IV1 S'LLa 'rL3 }3 'J'! 'NIM - i 5 h ZZ £Z ti� - 2 z S �' /� �g 8f �"- y6`L3- - -- ��'({'[� ___ __ �',§$•Sdi - -- ^59,8+ 210 Evf ~ wg u� C ' m 4 ,` , s' I` � _ _ s a E� � ,_`": ` : o : p� •: w0�d0� ��-'� o� r h,' +1r }, Ifr 'f 6 O : m •. a O'Iv � ?ae0. ey I Ili i �i I �� {0a.o, '° $ � e y � ah aQ�`'�'•. : ° �.'yyp0 �( o ; R 3�f�'3.or I I L ry O .5s' V� 4bp� ��Pgo n n m r f °crt 1I' lJ L L 6 ... N 3 0 l 8 p� I I ,CS'246 3.BS.SA N sass 3.eesacz J I © - I` i �4 L I N 0 0 8 Z oa ! ! n LQ I w Z L 0° his °>ti J 11 i, H It - -- -- - -- � Saar AAA ^ o z_ 9 L "' Nl9 •-2 s t oz tz ci'" C? � B �p �y� woxn Uo I LLI u7 N Cl') °�?r zNOS` °� C 1 a6 - Q�zZU�?S m a�.,iz zwdxa m4� m�a�a 9 l o °s i °gce Waa�ai � w - N I- ram t R � Y V . . ,... i ®i ® I.. my I A [ .- �` •O0. WN RP ?� - 0.0]6 C AC)019 w�;tu. 62a.o - 0'929 'h363 3 - S'LZ9 'h313 - - _ mmr'n '!'j 'h'IV1 S'LLa 'rL3 }3 'J'! 'NIM - i 5 h ZZ £Z ti� - 2 z S �' /� �g 8f �"- y6`L3- - -- ��'({'[� ___ __ �',§$•Sdi - -- ^59,8+ 210 Evf ~ wg u� C ' m 4 ,` , s' I` � _ _ s a E� � ,_`": ` : o : p� •: w0�d0� ��-'� o� r h,' +1r }, Ifr 'f 6 O : m •. a O'Iv � ?ae0. ey I Ili i �i I �� {0a.o, '° $ � e y � ah aQ�`'�'•. : ° �.'yyp0 �( o ; R 3�f�'3.or I I L ry O .5s' V� 4bp� ��Pgo n n m r f °crt 1I' lJ L L 6 ... N 3 0 l 8 p� I I ,CS'246 3.BS.SA N sass 3.eesacz J I © - I` i �4 L I N 0 0 8 Z oa ! ! n LQ I w Z L 0° his °>ti J 11 i, H It - -- -- - -- � Saar AAA ^ o z_ 9 L "' Nl9 •-2 s t oz tz ci'" C? � �p �y� woxn Uo I ITEM SUMMARY: The applicant is proposing to rezone approximately 195 acres of land generally located 2,800 feet south of the intersection of the IH 35 frontage Road and Eckhardt Road. Currently, the property is zoned Predevelopment (PRE) and General Business (GB). LAND USES AND ZONING: Zoning Existing Predevelopment (PRE) ...... Proposed Planned Development District (PDD) Adjacent Properties: Zoning North Predevelopment (PRE) South Development Agreement (DVL) East Development Agreement (DVL) West General Business (GB) and Single Family Residential (R -6) Land Use Undeveloped Single Family _Residential Land Use Residential /Agriculture Residential/Agriculture Residential/Agriculture Single Family Residential /Undeveloped Commercial property. ........... PROPOSED ZONING: The proposed density is consistent with the Comprehensive Land Plan designation use of Single Family Residential which provides for traditional neighborhood development, The proposed zoning allows for three (3) different minimum lot sizes; 6,000 square feet, 7,200 square feet, and 8,400 square feet as shown on the master general development plan. The master general development plan also provides for a potential Comal ISD school site and a public park, The proposed PDD also provides some specific development standards. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1. Density of the subject property shall be a maximum of 2.60 dwelling units per acre or 505 single family residential lots. 2. Table one — dimensional requirements - Residential of the PD requires a minimum front yard setback of 25'. The minimum rear yard setback is 20' and minimum side yard setback is 10' or with a residential sprinkler system installed a minimum 5' side yard setback will be permitted. Additionally, no encroachments shall be permitted in the 5' side yard setbacks. 3. The subdivision will provide a 60' collector that bisects the property to service the residential, school and Public Park and provide landscape buffer to create a boulevard feel along the collector. 4. The development of the subject property shall generally conform to the attached Master Development Plan exhibit. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP) designates the subject property for Single Family Residential which is defined in the Comprehensive Land Plan as areas proposed to utilize a traditional neighborhood design for single family residential to include a mix of residential uses as well as limited commercial development to support the daily activities of the development. 2 ® Comprehensive Plan Goals and Objectives: The proposed zoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zoning change will integrate drainage ways with usable open space and trails. ® Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems. An agreement is executed between the developers of Parkland Subdivision and Cypress Point Subdivision for the capacity of the lift station located at the entrance of Cypress Point. ® Impact of Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the proposed single family use is consistent with the FLOP. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, residential /agriculture and a single family residential. Staff believes that the rezoning request will be compatible with the surround properties. PARKS: The MPD shows five (5) acres of parkland land that will be developed and dedicated to the City of Schertz as a public park. In accordance with UDC, Sec, 21.9.10 Park and Open Space Dedication requirements the Parks and Recreation Advisory Board met on June 24, 2013 to discuss and make a recommendation on the dedication and development of the parkland. The Parks and Recreation Advisory Board offered a recommendation to accept the five (5) acres of parkland in the Rhine Valley Subdivision. STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive band Use Plan identifies this area as Single Family Residential to utilize a traditional neighborhood design for single family residential. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and the plan has incorporated in curve - linear streets, view corridors and parks and open space to include hike and bike trails, Staff has been working with the developer over the last several months to create a development that provides a pedestrian friendly environment that includes a neighborhood public park and school site. In addition to the park site to be dedicated to the City, the master development plan provides a number of other large areas of open space. While some of these are intended to convey drainage, others are more visible and can provide usable open space. The disc golf course area is encumbered by an overhead utility line and easement. Any improvements for a disc golf course must be approved by the utility company. The design provides for a curvilinear street pattern that is intended to create more interesting view corridors and discourage speeding. The proposed layout provides connections to adjacent tracts as well as two points of access to the existing Eckhardt Road. The proposed zoning allows for a 5' side yard setback if a residential sprinkler system is installed, While part of the reason for larger side yard setbacks is aesthetic the other is for fire protection. The 10' setback that is normally required poses a challenge for smaller "garden home" products. Staff is supportive of this provision as a sort of test case. If this provision is taken advantage of and if it is determined appropriate it could be used in other situations where appropriate. Staff recommends approval of the zoning request based on the compliance with the Comprehensive Land Use Plan. Planning Department Recommendation x Approve as submitted Approve with conditions* Denial b 5 A Il 'E vv1111c uie UUHIFIMs tan can impose conditions; conaitions 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 propose zoning application. In considering action on a zoning application, the Commission should consider the criteria within UDC, Section 21,5,4 D. Attachments: PDD Document Public Hearing notice responses 4 ITEM SUMMARY: The applicant is proposing to rezone approximately 140 acres of land generally located east of the intersection at FM 1518 and Lower Seguin Road. Currently, 4.34 acres is zoned Predevelopment (PRE), 9,89 acres is zoned Residential Agriculture (RA) and 123.28 acres is zoned Planned Development District. The PDD was approved by City Council on October 18, 2011 and allows for up to 547 single family homes with a minimum lot size of 5,400 square feet, The subject property is currently undeveloped. I�1�G11f~ • , � , �,, Subject Property: Zoning Existing Predevelopment (PRE), Residential Agriculture (RA) and Planned Development District (PDD) Proposed Planned Development District (PDD} Adjacent Properties; Land Use Undeveloped Single Family Residential zoning Land Use North Predevelopment (PRE) Single Family Residential South Residential Agriculture (RA) Single Family Residence - -- ........ - -- East Predevelopment (PRE) and Development Residential /Agriculture ............................ Agreement_(DVL) West Public (PUB) and Development Agreement School/ Residential/Agri culture (DVL) PROPOSED ZONING: The proposed density is consistent with the Comprehensive Land Plan designation use of mixed use neighborhood. Mixed Use neighborhood provides areas for residential use and open space. The proposed zoning allows areas for lots of three (3) different minimum sizes; 5,400 square feet, 6,000 square feet, and 7,200 square feet as shown on the master general development plan. The proposed PDD also provides for some specific development standards, The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1. Density of the subject property shall be a maximum of 3.25 dwelling units per acre or 447 single family residential lots. 2. Table One — Dimensional Requirements - Residential of the PDD requires a minimum front yard setback of 25' for lots that are 45' in width and a 20' front yard setback for lots 50' and 60' in width. The minimum rear yard setback is 20' and the minimum side yard setback is 5' except that the minimum side yard setbacks for corner lots shall be 15'. Additionally, no encroachments shall be permitted in the 5' side yard setbacks. 3. The applicant is providing a six (6) foot tall masonry fence with landscape buffer along Ray Corbett Drive (60' ROW) and Lower Seguin Road (60' ROW) to enhance the overall aesthetic appearance of the area. The UDC does not require a masonry fence adjacent to a 60' ROW. UDC, Sec. 21.9.8 2 requires screening of roadways for principal (120' ROW) or secondary (86' ROW) arterials roadways only. 4, The development of the subject property shall generally conform to the attached Master Development Plan exhibit. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP) designates the subject property for Mixed Use Neighborhood which is defined in the Comprehensive Land Plan as areas for residential use and open space. ® Comprehensive Plan Goals and Objectives: The proposed zoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zoning change will integrate drainage ways with usable open space and trails. • Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems in the area since the proposed single family residential use is currently planned for a large portion of the subject property. • Impact of Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the proposed single family use is currently planned for the subject property. Compatibility with Existinq and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, residential /agriculture and a public school. Staff believes that the rezoning request will be compatible with the surround properties, PARKS: The MPD shows five (5) acres of parkland land that will be developed and dedicated to the City of Schertz as a public park, In accordance with UDC, Sec, 21.9.10 Park and Open Space Dedication requirements the Parks and Recreation Advisory Board met on June 24, 2013 to discuss and make a recommendation on the dedication and development of the parkland. The Parks and Recreation Advisory Board offered a recommendation to accept the five (5) acres of parkland in the Rhine Valley Subdivision, STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive Land Use Plan with the Schertz Sector Plan amendment identifies this area as Mixed Use Neighborhood which provides for walkable neighborhoods in the vicinity of the intersection of FM 1518 and Lower Seguin Road. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and the plan has incorporated in curve - linear streets, view corridors and parks and open space to include hike and bike trails. Most of the site is zoned under the Pride Rock Ranch PDD which provides a maximum density of 4.48 units per acre and 547 single family homes. The subject property, which includes an additional 14 acres, allows for a density of only 3.25 dwelling units per acre and up to 447 residential homes, 100 less than the current zoning. Staff has been working with the new developer over the last several months to improve the layout and design of the development and believe that the reduction in density, the addition of landscaping and screening; and increase in parkland and open space and view corridors has enhanced the development. The design provided for under the current zoning is a modified grid pattern with very uniform lot sizes and a significant number of lots fronting to streets which are anticipated to carry more traffic, streets that are long straight shots which are likely to create speeding issues, and backing conditions with no landscaping or screening. By contrast the proposed layout seeks to break the property up into a number of smaller pods of development, provides for a more curvilinear street pattern that is intended to create more interesting view corridors and not encourage speeding, The layout provides for a pedestrian connection to the adjacent school, allowing students who live in the neighborhood to more easily walk to school, The proposed layout provides access to the park /open space form the adjacent neighborhood pods. Staff recommends approval of the zoning request based on the compliance with the Comprehensive Land Use Plan and the improved design and layout of the subdivision. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial vvinie use uuw mti i5iun can impose conditions; concialons snoulo 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 propose zoning application. In considering action on a zoning application, the Commission should consider the criteria within UDC, Section 21.5.4 D. Attachments: PDD Document Ord. No. 11 -S -31 Public Hearing Notice responses 4 ORDINANCE NO. 11 -5 -31 BY THE CITY COUNCIL OF THE CITY OF SCHE RTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 11 -S -15 RY REZONING APPROXIMATELY 121.97± ACRES OF LAND FROM PRE, DEVELOPMENT DISTRICT (PRE) TO PLANNED DEVELOPMENT DISTRICT (PDD) KNOWN PRIME ROCK RANCH. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE MILES S. BENNETT SURVEY NO. 75, ABSTRACT NO. 61, COUNTY BLOCK 5057, THE JULIAN DIAZ SURVEY NO. 66, ABSTRACT NO. 187, COUN'T'Y BLOCK 5059 AND THE WILLIAMS BRACKEN SURVEY NO. 74, ABSRACT NO. 43 COUNTY BLOCK 5056, BEXAR COUNTY, SCHERTZ, TEXAS AND ALSO BEING OUT OF A 139.903 ACRE TRACT DESIGNATED AS TRACT 1 DESCRIBED BY DEED RECORDED IN VOLUME 13568, PAGE 1934 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, SCHERTZ, TEXAS; SAID TRACT IS GENERALLY LOCATE, D EAST OF THE INTERSECTION OF F.M. 1518 AND LOWER SEGUIN ROAM. WHEREAS, Croton Properties, LLC is requesting to rezone approximately 121.97± acres of land it owns described in Exhibit 111 ", attached hereto and incorporated herein by reference (hereinafter, the "Property "). WHEREAS, all required notices have been provided; WHERE, AS, on September 28, 2011, the Planning and Zoning Commission conducted a public hearing, considered the criteria set forth in section 21.5.10 F of the City's Unified Development Code (the "UDC"), and thereafter recommended approval of the request for a change in zoning classification to Planned Development District (PDD). WHEREAS; on October 18, 2011, the City Council conducted a public hearing, considered the criteria set forth in section 21.5,10 F of the UDC and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CI'T'Y COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: SECTION I Subject to Section HI below, the Property is hereby zoned Planned Development District (PDD) as shown in Exhibit 1. ZC201 1 -009 Pride Rock Ranch SECTION II The Official Zoning Map (Ordinance No. II-S-15) of the City of Schertz described and referred to in Article 2 of the UDC shall be changed to reflect the above zoning amendment. SECTION III This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. SECTION IV The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION V Any person, firm, association of persons, corporation or other organization violating the Provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on first reading the 1S"' day of October, 2011. PASSED, APPROVED AND ADOPTED on final readin t e 25"' ay of October, 2011. Mayor, City of Schertz, Texas ATTEST: Ci *Secretary, City of Schertz, Texas (SEAL OF THE CITY) ZC2011 -009 Pride Rock Ranch -o p I� x 6001 f SII nl E{ Ell IM" O _ 1• W O 8 it; IM MR ` ^ � J•• dd{ 4 5g R X44 `�2 r 2@1' - n� \'fi a23 +de w= o e G G a 4 h ' '11 } City ®f Schanz, 'Texas September 2'7, 2011 PRIm R®CK RANCH SUBDrvISION Planned Development District Detailed Plan Purpose.of the Planned Development District (PDD) As stated in Sec. 21.5.10.A of the City of Schertz's ( "City ") Unified Development Code ( "UDC "), "the purpose of the Planned Development District is to promote and encourage innovative development that is sensitive to surrounding land rases and to the .natural environment. If this necessitates varying from available zoning districts, the proposed development should demonstrate community benefits. A PDD should not be used to deviate from the provisions of this UDC in a way that contradicts its intent." Surnrrraryaf_ the _Pride Rock Ranch Subdivision The Pride Rock Ranch subdivision is a proposed quality, single - family residential community of approximately 547 homes spread over approximately 12197 acres, approximately 2,800 linear feet cast of the intersection of P.M 1518 and Lower Seguin Road (the "Property "). The property is currently undeveloped farm land. The property was recently annexed by the City of Schertz on April 19, 2011, pursuant to Ordinance Number 11 -A -09. Prior to annexation, a Master Development Plan was submitted to the City establishing the subdivision. The submitted and approved Master Development Plan consists of residential lots that do not conform to any current zoning classification in the UDC. The lot dimensions, setbacks and certain related specifications were agreed to by the City and the owner of the Properly, Croton Properties, LLC (the "Owner ") in an agreement (the "Agreement ") executed and effective on September 27, 2011, and authorized with respect to the City by Resolution No. 11 -R-37. Water and sewer services will be provided to the Property the City of Schertz. The Property is currently zoned PRE, Predevelopment District, according to the City's official zoning map. According to Section 21.5.5.A of the UDC, this designation is "intended for use for undeveloped land in the City or as a temporary designation for existing uses for newly annexed property." The closest zoning designation to the layout set forth in the approved Master Development Plan is R -7, Single - Family Residential District. R -7 requires a minimum lot size of 6,600 square feet. However, the Master Development Plan for Pride Rock Ranch consists of lots less than 6,600 square feet. Based on minimum lot sizes and the provisions of the Agreement, a Planned Development District designation is necessary and appropriate for the Property. Conformance with Criteria for Approval The Owner believes that the Pride Rock Ranch PDD satisfactorily addresses the Criteria for Approval set forth in Sec. 21.5.1OX of the UDC. A. The Plan in the Context of the Area Pride Rock Ranch is a 121.97 acre PDD single- family community located in the south central sector in the City of Schertz, Bexar County, Texas. The predominate land uses to the south, east, north and west are undeveloped farm and agricultural properties, and single - family residences. An intermediate school is located immediately to the west of the not portion of the property. R. Land Uses The proposed development programm is set forth below. Croton Properties, LLC 2 BRIDE ll oCtc RANCH SvnnrvtSION Planned Development District Detailed Plan a. Residential — a maximum density of 4.48 units per acre or 547 single- family residential lots on approximately 121.97 acres. b. Uses — Only those primary, accessory and ancillary uses permitted by the Agreement and the UDC in an R -7 Single Family Residential District shall be permitted within the PDD. c. Park Land As shown on the MDP and PDD exhibits, the Owner shall dedicate a portion of the Property to be either open space or private parkland, at the Owner's discretion. Until the Owner's dedication and full development of a private park and recordation of a homeowners' association maintenance plan for such park (as further described below and all of which must occur in connection with the recordation of a plat for the subdivision), the Owner shall pay as each subdivision plat is approved 100% of the City's then applicable cash fee -in -lieu of parkland dedication and cash fee -in -lieu of parkland development for each residential lot in such plat. The City will deposit 50% of such fees in a separate account of its Parkland Dedication Fund. If the Owner determines to dedicate a private park at the location indicated on the MDP and PDD exhibits, the development plan and maintenance plan for such park must be approved by the City and must be in full compliance with the private parkland requirements of the City's UDC as then in effect. The Owner shall complete the development of the park, including all required supporting public in iastrueture for the park, and shall record the homeowners' association maintenance plan for the park prior to recordation of the hnal plat for the subdivision containing such park. Upon the Owner's dedication in a subdivision plat of a private park and completion of development of the park and the recordation of the homeowners' association maintenance plan, the Owner shall thereafter pay, as to the plat containing such fully- developed park and each subsequent plat, 50% of the City's then applicable cash fee -in -lieu of dedication and cash fee-in- lieu of parkland development. No portion of any such payments shall be deposited to the account described above. If the Owner completes the development of the park and recordation of the homeowners' association maintenance plan for the park prior to recordation of the final plat containing the park in full accordance with the plans therefore approved by the City, the City will reimburse the Owner for the Owner's documented costs of developing such private park (excluding the value of the land), but only to the extent of money deposited to the Parkland Dedication Fund account described above. Thereafter, any money remaining in such account shall be released from the account for improvements in any public park in the City. The Owner shall have no claim to any such amounts remaining in such account. If the Owner fails to complete development of the park and/or fails to record the homeowners' association maintenance plan for the park prior to recordation of the final plat containing such park, the Owner shall not be entitled to any reimbursement or any claim on money in such account, all of which shall be released from the account for improvements in any public park in the City. Croton Properties, LTC 3 PRIM R®CK RANCH SUBDIVISION Planned Development District Detailed Plan. For purposes of the above provisions relating to a private park, the term "Owner" shall mean the Owner at the time of the relevant event described above, whether the original Owner or a successor Owner of the subdivision remaining under development. C. Vehicular Circulation Plan Area traffic is an important consideration in the development of the Property. As reflected on the .Master Development Plan, Pride Rock Ranch will have access points on Lower Seguin Road, and also ingress /egress on F.M. 1519, through Ray Corbett Drive. All streets within the Property will be designed in accordance with the UDC to provide for adequate flow into, out of and through the development. a. Required Improvements — Traffic Impact Analyses will be conducted to determine any potential Off-site improvements that may be required, as required by Article 14 of the UDC. b. Construction Access — By agreement between the Owner and the Schertz- Cibolo- Universal City Independent School District and pursuant to the Pride Rock Ranch PDD, vehicular traffic for construction of the subdivision will be limited to the access points on Lower Seguin Road. Construction vehicles will be prohibited from using Ray Corbett Drive to enter or leave the Property. A provision regarding this prohibition will be included in contracts with contractors. Further, signage regarding this prohibition will be located oil the Property by the Owner. The temporary construction access will be platted with the first plat of the subdivision. Upon approval of the plat, Owner shall provide any necessary and required bond to secure the construction of the temporary access. Per Owner's conversations with City staff on August 17, 2011, prior to the recording of the final plat for the second unit platted in the subdivision, Owner will construct to its permanent design a series of roads that connect Ray Corbett Drive with Lower Seguin Road. This connection will provide two access points for the subdivision. The alignment of these roads will be determined at a later time but will generally follow the roads shown on the MDP. Croton Properties, LLC 4 PIBIDE Rocif, RANCH SUBDIVISION Planned Development District Detailed Plan D. Development Standards a. General — The following information and tables describe the proposed land uses and development standards applicable to this development, in accordance with Sec. 21.5.10,D of the UDC. b. Uses i. Residential --- Only those primary, accessory and ancillary uses permitted by the Agreement and the UDC in an R -7 Single Fancily Residential District shall be permitted. ii. Recreational Uses, including 1. Parks, open space and natural areas; 2. Walking, jogging, and bicycle trails; and 3. Outdoor, unorganized games and fields. c. Density — 4.48 units per acre or 547 single- family residential lots on approximately 121.97 acres. d. Lot Area Lot Width Lot De th Setbacks I3uildul llei fits Irrr envious Cover Lot Size and Dimensions Yard Setbacks Misc. Requirements Area Width Depth Side Minimum Maximum Maximum SF Ft.' FL Front Side Rear - Ft. Ft.2 (Corner Ft. Off - Street Height Impery (rain. (min. (min.) Lot) Ft. Parking Ft. Cover 5,400 45 120 20 5 15 20 2 35 60% The width of a lot is generally measured at the front building line of the dwelling unit. However, on fourteen (14) cul -de -sac lots, the minfinum front lot width at the curb may he fifteen feet (15') and the lot width at the front building line of the dwelling unit may be thirty -five feet (35% and an fourteen (14) additiotral cul -de -sac lots, the lot width at the front building line of the dwelling units may be thirty -live feet (35') and the lot may be less than 120 feet deep. The minimum area of 5,400 square feet per lot shall not be affected by the above - permitted lesser required front lot width at the curb or lot width at the front building line of tine dwelling unit or lot depth on such cul -de -sac lots. 2 Air conditioning unitslcompressors shall be located at the rear of the dwelling unit. E. Development Plan A Master Development Plan has been submitted by the Owner for this Property and project. N additional plans, including a General Parks Plan, Conceptual Plan, Site Plan, landscaping plan, or architectural plats are required to be submitted prior to adoption of the ordinance approving this PDD. F. Changes in the Planned Development District (PDD) The intent of the Pride Rock Ranch PDD is to develop in accordance with the approved Master Development Plan, the Agreement, and the recorded final plats. Sec. 21.5.10.0 of the UDC shall govern amendments, if any, to the Pride Rock Ranch PDD. Croton Properties, LLC 5 ti is located. The provisions would apply to wall signs located on properties zoned Manufacturing District -Light (M -1); Manufacturing District - Heavy (M -2); and PDD (Planned Development District) with a base zoning of M- 1 or M -2 and with a minimum fagade elevation of 300 linear feet or greater may have the primary wall sign calculated at 15% of the fagade area or 250 square feet, whichever is less, Current UDC regulation; Section 21.11.9 — Wall Signs P. Maximum Area Proposed UDC ,Amendment: Add the following note below the table: 1. Wall signs located on properties zoned Manufacturing District -Light (M -1); Manufacturing District - Heavy (M -2); and PDD (Planned Development District) with a base zoning of M -1 or M -2 and with a minimum fagade elevation of 300 linear feet or greater may have the primary wall sign calculated at 15% of the fagade area or 250 square feet, whichever is less. � .1. I s 11124 01111 1,A_. 6►.. Caterpillar, Salof (now owned by General Electric), Sysco, and Amazon.com are all located on local streets which fall into the All Other Streets category and despite the large building size would be limited to a primary wall sign that is no more than 80 square feet. Note that this restriction does not actually apply to Amazon.com as it is located within a PDD with different sign regulations. The current Sysco and Salof signs exceed the current size allowed due to confusion with permitting, but would comply with the 250 square foot restriction being proposed. Those signs seem in scale given the size of the buildings. Requiring a sign that is so out of scale with the building does more than negatively impact the aesthetic of the building, it can create unnecessary operational challenges and impact traffic. Having an appropriately scaled sign allows drivers to more easily identify the building they are looking for. This is especially important for larger industrial users that generate a significant amount of truck traffic. The amendment does not change the number of signs allowed by this section or the restricted size of secondary wall signs. 2 Staff recommends that Article 11, Signs and Advertising Devices, Section 21.11.9.8, Maximum Area be amended as follows to add; ® Wall signs located on properties zoned Manufacturing District -Light (M -9); Manufacturing District - Heavy (M -2); and PDD (Planned Development District) with a base zoning of M -1 or M -2 and with a minimum fagade elevation of 300 linear feet or greater may have the primary wall sign calculated of 95% of the fagade area or 250 square feet, whichever is less. Staff recommends approval of the proposed amendment to Section 21.11,9, Wall Signs, B. Maximum Area. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is making a recommendation to City Council on the proposed amendment to the Unified Development Code. In considering action on an amendment, the Commission should consider the criteria within UDC, Section 21.47 D. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial wrine the commission can impose conditions; conditions MOM only be imposed to meet requirements of the UDC. Attachments: Draft UDC Article 11 Incorporating Proposed Change to Section 21.11,9 - Wall Signs :ii?� 1 .. ' 4 ,�- _ _ _ _ _ _ _ I _ D. Roofline Limitations In no case shall a wall sign project above the roofline of any building nor extend above the parapet wall if attached thereto. Wall signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height. Wall signs may be attached to a continuous plane fascia if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure. E. Illumination Wall signs shall be illuminated utilizing only internal lighting. F. Projection Wall signs shall not project farther than eighteen inches 08 ") from the building, excluding signs attached to canopies. G. Adjacent Residential Wall signs shall not be located on any fagade (other than the main front of the building) which faces property zoned for single - family residential uses if the sign is within 150 feet of the property line of said residential property. NY I -- - :.Y.:tiS3' 1