PZ 09-24-2014PLANNING AND ZONING MINUTES
September 24, 2014
The Schertz Planning and Zoning Commission convened on September 24, 2014 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
Bert Crawford, Jr.
Richard Brand
Christian Glombik
Michael Dahle
CITY STAFF
Brian James, Executive Director Development
Lesa Wood, Senior Planner
Bryce Cox, Planner I
Patti White, Executive Asst. Development
COMMISSIONERS ABSENT OTHERS PRESENT
Bobby Torres, KFW Engineers
1. CALL TO ORDER/ROLL CALL
Mr. Richmond called the meeting to order at 6:00 P.M.
2. HEARING OF RESIDENTS
0 Robert Brockman, 1000 Elbe], spoke on alternates to the Commission and bandit signs.
3. CONSENT AGENDA
A. Minutes for August 27, 2014 Regular Meeting
Mr. Crawford moved to approve the consent agenda. Mr. Dahle seconded the motion. Vote was
6 -0 -1 with Mr. Glombik abstaining. Motion carried.
4. ITEMS FOR INDIVIDUAL CONSIDERATION:
A. Waiver — Minimum of two points of access associated with PC2014 -027
Consider and act upon a request for approval of a waiver regarding the minimum of two (2)
locations accessing existing public streets for the Bindseil Farms Subdivision, an
approximately 34 acre tract of land situated in the Toreiba Herrera Survey No. 68, Abstract
No. 153; G. Malpez Survey No. 67, Abstract No. 221, City of Schertz, Guadalupe County,
Texas, generally located northwest of the intersection of Live Oak Road and Schertz
Parkway.
B. Waiver — Dead -End streets associated with PC2014 -027
Consider and act upon a request for approval of a waiver regarding dead -end streets for the
Bindseil Farms Subdivision, an approximately 34 acre tract of land situated in the Toreiba
Herrera Survey No. 68, Abstract No. 153; G. Malpez Survey No. 67, Abstract No. 221, City of
Schertz, Guadalupe County, Texas, generally located northwest of the intersection of Live
Oak Road and Schertz Parkway.
Minutes
Planning and Zoning Commission
September 24, 2014
Page 1 of 6
C. PC2014 -027 Bindseil Farms — Preliminary Plat
Consider and act upon a request for approval of a preliminary plat of the Bindseil Farms
Subdivision, an approximately 34 acre tract of land situated in the Toreiba Herrera Survey
No. 68, Abstract No. 153; G. Malpez Survey No. 67, Abstract No. 221, City of Schertz,
Guadalupe County, Texas, generally located northwest of the intersection of Live Oak Road
and Schertz Parkway.
Ms. Wood stated that she and Mr. Cox were going to present the waivers on item A and item B and
the plat on item C together and that the Commission could discuss and then vote separately on each
item. Ms. Wood stated that the preliminary plat was tabled at the September 10, 2014 Planning
and Zoning meeting at the request of Staff. Ms. Wood presented this item by stating that the
Applicant is proposing to develop the Bindseil Farms Subdivision which is approximately 34 acres
of land establishing 84 single family residential lots. The zoning for the subject tract is Single
Family Residential District -7 (R -7). The applicant is seeking approval of a waiver, pursuant to
Section 21.12.15, from (1) Section 21.14.1.L regarding the minimum of two (2) points of access
locations accessing existing public streets; and 2) Section 21.14.1.E.regarding the proposed dead -
end street. The subject property is located generally southwest of the intersection of Live Oak Road
and Schertz Parkway.
Waiver related to two (2) points of access.
The subject property has access to Schertz Parkway through the dedication of ROW for the
construction of the extension of Live Oak Road. This development is designed to have two (2)
points of access through the extension of Live Oak Road and via the construction of a thirty (30)
foot emergency access through the Cottonwood II Subdivision to Schertz Parkway. The MTP
identifies Live Oak Road being extended from the intersection at Schertz Parkway northwest along
the edge of the Dietz Creek and intersecting with Maslce Road. The applicant is seeking a waiver to
the UDC, Section 21.12. LL to the provision which requires a minimum of two (2) points of access
locations accessing existing public streets and allow the thirty (30) foot emergency access
easement to serve as a second access point until the extension of Live Oak Road from the limits of
the Bindseil Subdivision to Maslce Road is constructed.
Staff is recommending approval of the waiver to the minimum two (2) points of access locations
accessing existing public streets based on the following:
• The Fire Department has reviewed the request, and has indicated that the 60' Live Oak
ROW, which has no lots fronting the ROW, provides the necessary emergency access
along with the construction on the 30' emergency access.
• The only frontage this property has to an existing public street is through the dedication of
ROW for the Live Oak Road extension and existing Dietz Creek Channel.
Waiver related to dead -end streets.
The applicant is seeking a waiver to UDC, Article 14, Section 21.14.1.E.1 Dead -End Streets and
Cul -de -Sacs which states that Dead -end streets shall be prohibited, except as short stubs projected
to be continued in fitture subdivisions in conformance with Paragraph C of this section when
designed as cul -de -sacs. Temporary turnarounds shall be provided on projected streets until such
time as they are extended.
Staff is recommending approval of the waiver to allow a dead end street based on the following:
Minutes
Planning and Zoning Commission
September 24, 2014
Page 2 of 6
• Live Oak Road is being dedicated and constructed to the limits of the development and all
lots are proposed to have access /frontage to other constructed public streets throughout the
subdivision.
• No lots front Live Oak Road and as such all public services such as postal service, garbage
service and emergency services will access properties through the constructed local streets
throughout the subdivision.
• The Fire Department has reviewed the request and has no objection to the proposed dead
end street.
Preliminai V Plat:
Ms. Wood stated the Applicant is proposing to preliminary plat approximately 34 acres of land
establishing 84 single family residential lots, two (2) drainage lots, and three (3) landscape lots.
The zoning for the subject tract is Single Family Residential District -7 (R -7) with a minimum lot
size of 6,600 square feet. Side yard setbacks are established at ten feet (10'). The tree mitigation
and preservation plan will be reviewed by Parks and Community Services department prior to
approval of the final plat. There is no parkland being proposed with this subdivision. The Parks,
Recreation and Community Services Department has determined that a fee -in lieu of parkland
dedication in the amount of $1000 per dwelling unit will be paid by the Developer prior to
recording of the final plat.
All public improvements required for this subdivision must be installed prior to recording of the
final plat per UDC, Section 21.4.15., unless otherwise specified in an approved development
agreement. The civil construction plans must be reviewed and approved by the Public Works and
Engineering Departments prior to approval of the final plat. This site is serviced through 8" water
lines and 8" sewer lines that will be extended throughout the subdivision.
The applicant is responsible for all drainage associated with the subject property and for
compliance with the Storm Water regulations. A drainage report has been reviewed and approved
by the City Engineer. The City Engineer has granted a waiver to onsite detention based on storm
water calculations proving that there is no adverse effect created by releasing storm water into the
Dietz Creek channel. Additionally, approximately 10 acres of drainage ROW will be dedicated to
the City for improvements to the channel.
Sidewalks will be constructed along both sides of the street throughout the subdivision and along
the Live Oak Road Extension. All sidewalks will be designed to meet the City of Schertz
specifications. Staff recommends approval of the preliminary plat with the condition that the
proposed 30' emergency access is constructed prior to recording the final plat.
Mr. Glombik asked if the emergency egress would have a gate and battery operated or manual.
Ms. Wood stated that it would be a manual gate with a lock box for an emergency. Mr. Braud
asked if it would be paved or gravel. Ms. Wood stated that it would need to be paved. Mr. Evans
asked if a cut entry into the curbing off Schertz Parkway would be done. Ms. Wood stated that the
Cottonwood subdivision is already platted and has an access to this section and the curb would be
cut there and the median is already there.
Discussion followed between Staff, the Applicant and the Commission.
A. Waiver — Minimum of two points of access associated with PC2014 -027
Minutes
Planning and Zoning Commission
September 24, 2014
Page 3 of 6
Consider and act upon a request for approval of a waiver regarding the minimum of two (2)
locations accessing existing public streets for the Bindseil Farms Subdivision, an
approximately 34 acre tract of land situated in the Toreiba Herrera Survey No. 68, Abstract
No. 153; G. Malpez Survey No. 67, Abstract No. 221, City of Schertz, Guadalupe County,
Texas, generally located northwest of the intersection of Live Oak Road and Schertz
Parkway.
Mr. Braud moved to approve this item as presented. Mr. Dahle seconded the motion. Vote was 6 -1
with Mr. Evans voting nay. Motion carried.
B. Waiver — Dead -End streets associated with PC2014 -027
Consider and act upon a request for approval of a waiver regarding dead -end streets for the
Bindseil Farms Subdivision, an approximately 34 acre tract of land situated in the Toreiba
Herrera Survey No. 68, Abstract No. 153; G. Malpez Survey No. 67, Abstract No. 221, City of
Schertz, Guadalupe County, Texas, generally located northwest of the intersection of Live
Oak Road and Schertz Parkway.
Mr. Crawford moved to approve this item as presented. Mr. Glombik seconded the motion. Vote
was 6 -1 with Mr. Braud voting nay. Motion carried.
C. PC2014 -027 Bindseil Farms — Preliminary Plat
Consider and act upon a request for approval of a preliminary plat of the Bindseil Farms
Subdivision, an approximately 34 acre tract of land situated in the Toreiba Herrera Survey
No. 68, Abstract No. 153; G. Malpez Survey No. 67, Abstract No. 221, City of Schertz,
Guadalupe County, Texas, generally located northwest of the intersection of Live Oak Road
and Schertz Parkway.
Mr. Dahle moved to approve this item as presented. Mr. Greenwald seconded the motion. Vote
was 6 -1 with Mr. Braud voting nay. Motion carried.
5. WORKSHOP/DISCUSSION
A. Public hearing and discussion on on -site sewage facilities specifically related to lot
size.
Ms. Wood and Mr. Cox presented this item by making the following points:
• The Planning and Zoning Commission held three (3) public hearings and discussions
related to septic and wastewater systems on January 8, 2014, January 22, 2014 and
June 25, 2014.
Minimum Lot Size for Septic in County
• Bexar County - .5 acre of usable land outside of easements and ROW
dedications if parcel utilizes central water supply OR 1.5 acres of usable land
outside of easements and ROW dedications if parcel utilizes private water well
• Comal County - .5 acre or less on public water (PE required) OR 1 acre or less
on well water (PE required)
• Guadalupe County —1 acre
Minimum Lot Size for Septic in City
Minutes
Planning and Zoning Commission
September 24, 2014
Page 4 of 6
• New Braunfels - .5 acre
• Cibolo —1 acre
• Live Oak - .5 acre
• Seguin - .5 acre
• Kyle - .5 acre
• Converse —1 acre
• Universal City - .5 acre on public water OR 1.5 acre on private well
• Staff Recommendation — Residential
• The Planning and Zoning Commission may authorize a waiver from the
requirement of connection to a public wastewater system
• Staff recommends the following criteria be considered for evaluating a waiver
request as P &Z considers each request on a case by case basis:
• Generally lots should be 5 acres or greater: however
• If lots are less than 5 acres and:
• The parcel is not part of Subdivision master plan;
• The subdivision plat contains 4 or fewer lots:
• Meets all applicable County requirements;
• Distance and timing of sewer service is significant;
• No unique environmental concerns (floodplain);
• Does not impose additional costs on another property owner;
• Provides easements for future sewer.
Mr. Richmond opened the Public Hearing at 7:26 P.M.
There being no one who spoke, Mr. Richmond closed the Public Hearing at 7:27 P.M.
Mr. Evans stated that there are two different types of septic — the closed and also the open
system (with a leach system), which shouldn't be allowed in the Floodplain. Mr. Richmond
stated that they all contain the same requirements.
Discussion followed between Staff and the Commission.
6. REQUESTS AND ANNOUNCEMENTS
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.
• Mr. Richmond stated that there are more items that Staff has prioritized.
B. Announcements by Commissioners.
Minutes
Planning and Zoning Commission
September 24, 2014
Page 5 of 6
7.
• Mr. Greenwald stated that at previous night's City Council meeting, Connie Lock,
working with the City Attorney's firm, was at the meeting and was trained by Michael
Spain.
• Mr. Richmond stated that when he was on vacation recently in Vancouver, British
Columbia, regardless of the mode of transportation he took, the drivers questioned why
we have so many billboards cluttering our highways and detracting from the beautiful
scenery. Mr. Richmond concurred and commented on Schertz's sign limitations.
• Mr. Richmond stated that the previous week he put together a tour of the Army
Residence Community for the City and Chris Price's development group.
Unfortunately, some people weren't available; Lesa Wood attended for Schertz
Development Department, and Brad Pittenger and Bradley Bechtol represented Chris
Price who had to leave early. Mr. Richmond believed it was important for principals to
see one of the best Continuing Care Retirement Communities (CCRC) in the country as
they consider senior living opportunities in The Crossvine, Module 3.
C. Announcements by City Staff.
• Ms. Wood stated Brenda Dennis has sent out an email regarding the Volunteer and
Steve Simonson Dinner on October 30, 2014 and the Commission should have received
an invitation and they need to RSVP to Brenda.
• Ms. Wood stated that Mr. Cox received his CFM the previous week and was one point
away from being the highest score in his class.
ADJOURNMENT OF THE REGULAR MEETING
The meeting adjourned at 8:25 P.M.
Chairman, Planning and Zoning Commission
Minutes
Planning and Zoning Commission
September 24, 2014
Page 6 of 6
,t.
Recording Secretary, City of Schertz