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PZ 03-26-2014PLANNING AND ZONING MINUTES March 26, 2014 The Schertz Planning and Zoning Commission convened on March 26, 2014 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building 44, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice - Chairman Ken Greenwald Bert Crawford, Jr. Richard Brand Christian Glombik Michael Dahle William Rumfelt, Alternate Yolanda Suarez, Alternate CITY STAFF Brian James, Executive Director Development Michelle Sanchez, Director Development Services Lesa Wood, Senior Planner Bryce Cox, Planner i Charlie Zech, City Attorney Patti White, Executive Asst. Development COMMISSIONERS ABSENT OTHERS PRESENT Buck Benson, Pullman, Cappuccio, Pullen, Benson & Jones, LLP Brian Crowell, Briones Engineering 1. CALL TO ORDER/ROLL CALL Mr. Richmond called the meeting to order at 6:01 P.M. None was required. 3. HEARING OF RESIDENTS • Clark McChesney, 7018 Hallie Heights, spoke on concerns including drainage, condition of roads, the South Schertz Thoroughfare Plan, rough proportionality and zoning. • Don Byrd, 7036 Hallie Heights, spoke on the same concerns as Mr. McChesney and drainage. • Maggie Titterington, 10217 Ivy Horn, spoke on aerobic septic systems, and road conditions. A. SUP2014 -001 Hold a Public Hearing and consider and make a recommendation on a request by William and Christy Martinez for a Specific Use Permit to allow an In -Home Day Care at 4202 Wensledale Drive. The property is more specifically described as Lot 25, Block 4 of the Whisper Meadows at Northcliffe II Subdivision, Unit 2; City of Schertz, Guadalupe County, Texas. Ms. Wood presented this item by stating that the applicants are William and Christy Martinez, who Minutes Planning and Zoning Commission March 26, 2014 Page t of 6 live at 4202 Wensledale Drive Thirty (30) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on March 13, 2014. At the time of this meeting three (3) responses were received with one (1) neutral, one (1) in favor, and one (1) who had no problem, but concerns about questions the HOA. Ms. Wood stated that Mrs. Martinez would respond to those questions. The HOA has granted permission to run the daycare out of the residence at 4202 Wendsledale. The applicant is requesting a Specific Use Permit to allow an In -Home Day Care at 4202 Wensledale Drive which is an existing single family residential lot zoned Garden Home (GH) within the Whisper Meadows at Northcliffe 11 Subdivision, Unit 2. The subject property contains an approximately 2,400 square foot home that is currently owned and occupied by William and Christy Martinez. An In -Home Day Care is defined in the UDC as a home occupation that provides care for less than twenty -four (24) hours a day to no more than six (6) children under the age of fourteen (14), plus no more than six (6) additional elementary school -age children (age five (5) to thirteen(13)). The total number of children, including the caretaker's own children, is no more than twelve (12) at any time. This use is subject to registration with the Texas Department of Protective and Regulatory Services. The proposed in -Home Day Care will be subject to provisions of the Unified Development Code (Ordinance I I -S -15, as amended). The applicant will be required to obtain a Home Occupation permit in accordance with Sec. 21.8.4 and register with the State of Texas. The subject property is located in a single family residential neighborhood and the proposed use of ht -Home Day Care does not appear to negatively impact the adjacent properties. Ms. Martinez has indicated that she will be caring for and working with preschool children ages 3 thru 5 years in her home in the morning and the afternoon. Staff recommends approval of the Specific Use Permit as presented with the condition that the Specific Use Permit is valid as long as William and Christy Martinez own and occupy the property at 4202 Wensledale. Mrs. Martinez, the applicant, stated that they talked to the HOA prior to purchasing the home and received approval and have talked to many of their neighbors. Mr. Richmond opened the Public Hearing at 6:21 P.M. There being no one to speak, Mr. Richmond closed the Public Hearing at 6:22 P.M. Mr. Glombik asked if this is Monday through Friday or weekends. Mrs. Martinez stated that this is for Monday, Wednesday and Friday. Mr. Crawford asked if they had any interest in growing this and getting in a larger facility. Mrs. Martinez stated that she wants something small for six (6) children. Discussion followed between Staff, the Applicant and the Commission. Mr. Glombik moved to recommend this item per conditions stated and forward to City Council for Minutes Planning and Zoning Commission March 26, 2014 Page 2 of 6 approval. Mr. Crawford seconded the motion. Vote was 7 -0. Motion carried. 5. ' A. EXECUTIVE SESSION Mr. Richmond recessed the regular meeting into Executive Session at 6:30 P.M. Ms. Sanchez stated that the alternates were to stay seated. Mr. Richmond reconvened the meeting at 6:52 P.M. Mr. Richmond stated that no action was required as a result of the Executive Session. A. PC2013 -050 Consider and act upon a request for approval of a master plan of The Reserve at Schertz 11, an approximately 103 acre tract of land situated in the Stacy B. Lewis Survey No. 317, Abstract No. 443 and the Antonio Zamora Survey No. 36, Abstract No. 82, City of Schertz, Bexar County, Texas and located on Boenig Drive approximately 200 feet west of the street Laura Heights. Ms. Wood presented this item by stating that the applicant is proposing to develop The Reserve at Schertz I1 of which approximately 103 acres that is zoned Residential Agriculture (RA) zoning district and approximately 0.5 acres are zoned General Business (GB). The subdivision is proposed to develop in four (4) phases with 121 single family residential lots and one (1) commercial lot. The proposed plan indicates that each residential lot will develop as a single family lot with 25' building setbacks on all sides as dictated by the zoning district. Each residential lot meets the minimum required lot size of 21,780 square foot. 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 three (3) points of access via Ivy Jet through the adjacent subdivision The Reserve at Schertz; via N. Graytown Road and points of access from Boenig Drive. The City's Master Thoroughfare Plan (MTP) designates a proposed north/south collector identified as Lazar Parkway (86' ROW) that stretches from Lower Seguin Road to IH 10. A portion of the proposed thoroughfare that is adjacent to the subject property is proposed to be dedicated at the time of platting for each Unit of this subdivision. No portion of Lazar Parkway to the south has been constructed due to trough proportionality, although the ROW has been dedicated. The MTP also proposes an expansion of the existing Graytown Road (60' ROW) to an 86' ROW. The applicant is providing the 13' dedication for Graytown Road which is proposed to be dedicated at the time of platting for each Unit of this subdivision. The applicant will be responsible for complying with Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. This site is serviced by Schertz water; the extension of an 8" waterline. The site is within the San Antonio River Authority (SARA) certificate of Convenience and Necessity (CCN). SARA has submitted a letter dated November 8, 2013 that states they are cannot serve this development; a copy of the letter is attached for your reference. 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 Minutes Planning and Zoning Commission Match 26, 2014 Page 3 of 6 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 at the time of platting for each Unit. Staff will confirm with SARA their ability to`serve this area with each plat submitted. Sidewalks, hike, and bike trails are required along both sides of all streets throughout the subdivision and along Lazar Parkway, N. Graytown Road and Boenig Road. All streets will be developed to City of Schertz specifications including sidewalks and improvements. The development is located adjacent to Graytown Road, Boeing Drive and the proposed Lazar Parkway. Rough proportionality will be review with each plat submitted. • Graytown Road is an existing 60' ROW and the MTP designates it as a secondary arterial (86' ROW). 13' of ROW has been shown as dedication to the City of Schertz for the expansion. • Boenig Drive is an existing sub - standard ROW. A variable width ROW has been shown for dedication with the majority of the dedication being 10' of ROW. • Lazar Parkway is designated as a secondary arterial (86' ROW). The proposed ROW is show for dedication. Staff recommends that notes 7, 8, and 9 are removed from the master plan because the improvements to serve the subdivision are reviewed with the civil construction plans at the time of platting to assure that the division or development of land subject to the plat is consistent with all standards of this UDC pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded. Staff has requested that the applicant provide additional information related to the design of the intersection at Lazar Parkway and Largoza. Staff is requesting to review the design of the intersection to ensure that the proposed intersection will tie into the future construction of Lazar Parkway. The design will assist in staff's determination and recommendation on rough Proportionality request for this intersection at the time of platting. Staff recommends approval with the following conditions: • Notes 7, 8, and 9 are removed from the Master Plan. • No waivers are granted with this master plan and the waivers for OSSF and Rough Proportionality be consider with each plat. Mr. Benson, representing the Applicant, stated that there are two (2) issues /waivers that they would prefer to leave on the Master Plan to be approved, one being that all the lots be allowed to have on- site septic; and the other waiver being that they have complied with the City's rough Proportionality, Mr. Benson stated that they need to have certainty for what they have to do up front and without the notes on the plat, they don't know and it could make the development fail. Ms. Suarez asked if on -site septic is planned for all the lots, and what is the purpose of the 4 lots noted for sanitary sewer. Mr. Rodriguez stated that it was added at the request of the City in case sewer comes up that way. Mr. Benson stated that they do have easements in case sewer becomes available. Mr. Glombik asked if they have a time frame to develop. Mr. Benson stated that two years is the end date with the last unit done by the first quarter of 2016. Mr. Rumfelt asked who Minutes Planning and Zoning Commission March 26, 2014 Page 4 of 6 bears the cost of the septic systems. Mr. Benson stated that the cost would be in with the cost of the house. Mr. Rumfelt asked about the plans for the commercial lot. Mr. Benson stated that the 4.9 acres are planned to rezone to residential. Nis. Wood stated that there is a zoning application to rezone it to RA, but they are waiting on a response from Randolph because it is in the APZ. Mr. Evans asked if Unit 3 is in part of the 100 year floodplain. Mr. Benson stated that this is correct, but not part of a platted lot. Mr. Liable asked Staff if SARA has the CCN for this area and a lift station is about a mile away, then what are the plans for SARA to extend the plans. Mr. James stated that Staff had talked with SARA about firture plans. Mr. Crawford asked if note 4 has any implication to Staff. Mr. James stated no, that note 4 is a required note. Mr. Zech stated that no waiver is being considered tonight and it is his and Staff s recommendation that if you approve the Master Plan then you do it with a condition of removal of note 7, 8 and 9. Mr. Zech stated that there is a process required to go through to request a waiver per the subdivision regulations and that process is listed in UDC Section 31.12.15 and it requires proper notice, and a posting of all agenda requesting a waiver. Based on that Mr. Benson may want to pull the master plan until that process is gone through or he may want it to remain on the agenda, approved with the notes and then go through the waiver process, that is up to him and his client to decide. Mr. Benson stated that they asked for waivers back in November, and emailed Staff three or four weeks ago to place a waiver on the agenda and it was not, and what they would like to see is some certainty with the three notes on the MDP and then would like to move forward. Mr. Richmond stated that the City Attorney suggested that notes on the Master Plan are in conflict with the UDC, and these notes should be included in the platting process. Mr. Zech stated that it is appropriate to request a waiver during the Master Plan process, and the UDC provides a waiver process to follow. However, the waiver process requires an agenda posted with the waiver item, which the current agenda before the Commission does not have. An option is to table this until the nest meeting and put the waiver request on the next agenda with the appropriate posting. Discussion followed between Staff, the Applicant and the Commission. Mr. Zech stated that he spoke to Mr. Benson and explained that the request for a waiver cannot be heard tonight and Mr. Benson could request to table this item. Mr. Benson stated he was formally asking to table this item. Mr. Greenwald moved to table this item Lentil the next meeting. Mr. Dahle seconded the motion. Vote was 7 -0. Motion carried. A. Bequests by Commissioners to place items on a future Planning and Zoning Agenda. ® Mr. Brand asked if a discussion could be added to a future agenda based on the UDC stating that a minimum lot size for OSSF is %z acre. Mr. James stated that this can be on an agenda for a future discussion. B. Bequests by Commissioners to Staff for information. Minutes Planning and Zoning Commission March 26, 2014 Page 5 of 6 Mr. Rrumfelt stated that he has head runors that a Target is moving into garden Ridge Pottery and have we heard anything on this. Nlr..fames slated that this could be added on a future agenda for an economic update. Nh. Rum Felt stated that he read in the paper that the MPO made some decisions on Where they were going to spend some money and did we mate the cut? Mr, James stated that this could be added an a future agenda. C. Announcements by Commissioners. Mr. Gteenwaid stated that the BVY-A opening ceremony would be can Saturday, March 29, 2014 at 9AM and this is the 40`x' anniversary. This would take place at the new fields with a dedication as part of the ceremony. Mr. Rumfelt stated that he had attended the design criteria meetings. A Announcements by Citv Staff. Ms. Sanchez stated that there is a community budget meeting on Tluu:sday, March 27. 2014 at 6:00 P.M. at the Schertz United Methodist Church which is open to the public. NIr. James stated that the nett semi - annual report and meeting of the Capital Improvements Committee will be in May. 9. ADJGIiRINTVtENT OF THE REGULAP AMEETING The meeting adjourned at 7:45 P.R /(. Chairman, Planting and Zoning Commission Min utes Planning and Zoning Commission March 26, 2014 Page 6 of 6 Recording Secretary. City of Schertz