PZ 07-22-2015PLANNING AND ZONING MINUTES
July 22, 2015
A Regular Meeting was held by the Planning and Zoning Commission on July 22, 2015 at the
Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
PLANNING & ZONING COMMISSION
Ernie Evans, Vice - Chairman
Ken Greenwald
Bert Crawford, Jr.
Richard Braud
Christian Glombik
Michael Dahle
CITY STAFF
Brian James, Executive Director Development
Michelle Sanchez, Permit Expeditor
Gil Durant, Chief Building Official
Lesa Wood, Senior Planner
Bryce Cox, Planner I
David Covington, Fire Chief
John Perry, Fire Marshall
Patti White, Executive Asst. Development
COMMISSIONERS ABSENT OTHERS PRESENT
David Richmond, Chairman
1. CALL TO ORDER/ROLL CALL
Mr. Evans called the meeting to order at 6:01 P.M.
2.
3.
4.
5.
ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Mr. Evans stated that the Commission would wait until everyone was together to have the
election.
HEARING OF RESIDENTS
• None.
CONSENT AGENDA
A. Minutes for the June 24, 2015 Regular Meeting.
B. PC2015 -014
Consider and act upon a request for approval of a final plat of Riata Unit 5C, an
approximately 9 acre tract of land situated in the Rafael Garza Survey, Abstract No. 138 and
Abstract No. 175, City of Schertz, Guadalupe and Comal Counties, Texas, generally located
750 feet south east of the intersection of Fairlawn Avenue and I11-35.
Mr. Crawford motioned to approve the consent agenda as presented. Mr. Dahle seconded the
motion. Vote was 6 -0. Motion carried.
PUBLIC HEARING
A. Hold a public hearing, consider and make a recommendation to City Council to the
Schertz Code of Ordinances, Chapter 18, Buildings and Building Regulations, by
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repealing existing International Codes and adopting new International Codes and
adopting the revised Schertz Code of Ordinance, Chapter 18, Building and Building
Regulations.
Ms. Sanchez and Mr. Durant gave a presentation with the following points:
• Project Overview Statement
• Adoption of the 2012 ICC Codes is necessary because we are currently working under a
code that is nine years out of date and new industry standards have been developed to
ensure public health and life safety.
• ISO (Insurance Service Office Inc) visited the City in March, 2014 to conduct a Building
Code Effectiveness Grading Schedule where they learned that the Building Inspections
Division was operating under the 2006 ICC Codes which falls below their minimum
standards of operating within five years of a current nationally recognized published code.
• Adopt amendments to the codes based on compatibility goals associated with JBSA — Joint
Base San Antonio (Randolph AFB) such as Sound Attenuation standards.
• Formally adopt State mandated codes, 2014 National Electrical Code and the 2009
International Energy Conservation Code.
• Schertz Current Codes
• International Building Code (IBC) 2006
• International Residential Code for One and Two Family Dwellings (IRC) 2006
• International Gas Code (IGC) 2006
• International Mechanical Code (IMC) 2006
• International Plumbing Code (IPC) 2006
• International Property Maintenance Code (IPMC) 2006
• International Existing Buildings Code (IEBC) 2006
• International Fire Code (IFC) 2006
• National Electrical Code (2014) — *State Mandated (9 -2014)
• International Energy Conservation Code (2009) — *State Mandated (1 -2014)
• Code Comparison Benchmark Cities and Surrounding Cities
• New Braunfels — 2006 International Codes; 2005 NEC; 2004 IECC
• San Marcos — 2015 International Codes; 2014 NEC; 2009 IECC
• Temple — 2009 International Codes; 2008 NEC; 2009 IECC
• Georgetown — 2012 International Codes; 2014 NEC; 2000 IECC
• Pflugerville — 2012 International Codes; 2011 NEC; 2012 IECC
• Cibolo — 2015 International Codes; 2015 Unified Plumbing Code; 2011 NEC
• Selma — 2012 International Codes; 2014 NEC
• Live Oak — 2015 International Codes; 2014 NEC
• Universal City — 2012 International Codes; 2014 NEC
• Converse — 2009 International Codes; 2014 NEC
• San Antonio — 2015 International Codes; 2014 NEC
• Codes Proposed for Adoption
• International Building Code (IBC) 2012
• International Residential Code for One and Two Family Dwellings (IRC) 2012
• International Fuel Gas Code (IFGC) 2012
• International Mechanical Code (IMC) 2012
• International Plumbing Code (IPC) 2012
• International Property Maintenance Code (IPMC) 2012
• International Existing Buildings Code (IEBC) 2012
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• International Swimming Pool and Spa Code (ISPSC) 2012
• International Energy Conservation Code (2009) *State Mandated
• National Electrical Code (2014) *State Mandated
• Manual of Cross Connection Control — 10th Edition
• International Fire Code (IFC) 2012 will be adopted by separate ordinance
Summary of Amendments Proposed
• Pg 2 — In General
• Reinstate scheduling of inspections
• Reinstate contractor registration requirements; change general liability
requirements to comply with state law
• Pg 8 — Board of Appeals
• Repealing all sections referencing Board of Appeals or Means of Appeal
throughout International codes and defining the Board of Appeals as established by
the Unified Development Code, Article 3.
• A title was established for each International code adopted to read that these
regulations shall be known as the [specific code] of the City of Schertz, Texas
hereinafter referred to as "this code ".
• Pg 9 - International Building Code (IBC)
• Exemption to permit requirements
• Residential one -story detached accessory structures less than 120 square
feet unless located within a flood hazard area; and unless there is a
foundation proposed, a flatwork permit is required.
• Replacement fences, siding and arbors unless located within a flood hazard
area or if a foundation is proposed, a flatwork permit is required.
• Pg 10 - Defined replacement fence
• Pg 12 — IBC
• Design Professional
Adopted in November 2000 requires an architect or engineer to seal plans
for most commercial occupancies and all single family residential property
regardless of size. Proposed amendment is to exempt residential remodels
or additions with the exception of the foundation.
• Pg16 -IBC
• Sound Transmission Standards for High Noise Areas - interior construction
standards to mitigate air traffic noise (RAFB)
• Pg 21 — International One and Two Family Dwelling Code (IRC)
• Exemption to permit requirements
• Residential one -story detached accessory structures less than 120 square
feet unless located within a flood hazard area; and unless there is a
foundation proposed, a flatwork permit is required.
• Replacement fences, siding and arbors unless located within a flood hazard
area or if a foundation is proposed, a flatwork permit is required.
• Defined replacement fence
Pg 24 — IRC
• Design Professional
• Proposed amendment is to exempt residential remodels or additions with
the exception of the foundation.
Pg 25 — IRC
• Authority to Disconnect Service Utility
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• Restriction on portable generators for permanent residential use
• Exception: during emergency situations when authorized
Pg25 —IRC
• Defined Residential Arbors
• Pg 29 — IRC
• Sound Transmission Standards for High Noise Areas - interior construction
standards to mitigate air traffic noise (RAFB)
• Pg 33 —National Electrical Code (NEC) 2014
• Add kitchen branch circuit requirements
• Require an exterior service disconnect for fire safety
• Pg 33 — International Fuel Gas Code (IFGC)
• Only amendment is to title, means of appeal and adoption of Appendices
• Pg 34 - International Mechanical Code (IMC)
• Only amendment is to title and means of appeal
• Pg 35 —International Plumbing Code (IPC)
• Require port-o -lets every 500 feet at construction sites
• Prohibit cellular core pipe below grade for sewer service
• Pg 36 — International Property Maintenance Code (IPMC)
• Identified maximum weeds and grass height to 8 inches
• Add clarification to Accessory Structures to identify non - compliance of accessory
structures that are out of vertical alignment
• Pg 36 — International Energy Conservation Code (IECC)
• Only amendment is to the title and board of appeals
• Pg 37 — Manual of Cross - Connection Control
• Irrigation Backflow Device Location - establishes a location for residential and
commercial irrigation devices
• Pg 38 -International Swimming Pool and Spa Code (ISPSC)
• Only amendment is to the title, means of appeal and adoption of appendices
• Pg 39 - International Existing Building Code (IEBC)
• Only amendment is to the title and board of appeals
Summary of Public Input Process
• Schertz Chamber Round Table — April 2, 2015
• Posted 1St Draft Ordinance on Website — April 10, 2015; 2nd draft on May 29, 2015; final
draft on July 6, 2015.
• City Council Workshop - April 14, 2014
• Construction Industry Meetings — April 16 and June 19, 2015. Draft Ordinances were sent
to contractors as well.
• Planning and Zoning Commission — April 22 and July 8, 2015
• Economic Development Corp — April 23, 2015
• City Council — Public Hearing, Presentation of Amendments, 1 st Reading — July 28, 2015
• City Council, 2nd Reading — August 4, 2015*
• Proposed effective date — October 1, 2015*
* Revised Dates
The City Council has determined a need to revise current building codes with regard to sanitation,
fire, building, plumbing, mechanical, fuel /gas and electrical requirements. The revisions proposed
are intended to ensure the proper construction of structures built in the City and to follow
compliance with the requirements of the Insurance Service Office Inc. It is the City's desire to
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protect the safety and welfare of the community through regulation of certain construction
activities within the City. Development Services staff met with several focus groups that included
Homebuilders, Electricians, Plumbers, Mechanical Contractors, the Economic Development
Corporation, the Schertz Chamber, Residents and HOA groups to gain their input on the proposed
code changes. The proposed changes were also posted on the Schertz Website for comment since
March 2015. Only three comments were received as of June 19, 2015. Each group provided
beneficial feedback and offered recommendations based on industry standards and experience.
Staff conducted a public hearing at the Planning and Zoning Commission meeting on April 22,
2015. Two contractor meetings were held on April 16 and June 19, 2015 to receive additional
public comment and to provide the opportunity to ask questions and offer recommendations.
Revisions and clarifications to the proposed ordinance resulted from the focus group and the
Planning and Zoning Commission meetings.
Building code adoption and amendments include:
• Adoption of the following codes:
• National Electrical Code 2014 (mandated by the State)
• International Energy Conservation Code 2009 (mandated by the State
• International Building Code (IBC) 2012
• International Residential Code for One and Two Family Dwellings (IRC) 2012
• International Fuel Gas Code (IFGC) 2012
• International Mechanical Code (IMC) 2012
• International Plumbing Code (IPC) 2012
• International Property Maintenance Code (IPMC) 2012
• International Existing Buildings Code (IEBC) 2012
• Manual of Cross Connection Control
• International Swimming Pool and Spa Code 2012 (ISPSC)
• Establish Sound Attenuation Standards as requested by Joint Base San Antonio.
• Exempt residential remodels and additions from the requirement to use Design
Professionals to prepare plans.
• Exempt residential siding, replacement fences and accessory structures less than 120
square feet from permitting unless a foundation is proposed or the property is located
within a floodplain hazard area.
• Amend the International Plumbing Code to require port-o -lets every 500 feet at
construction sites; prohibit the use of cellular core Drain Waste Vent pipe below grade.
• Amend the International Property Maintenance Code to identify non - compliance of
accessory structures that are out of vertical alignment.
• Establish locations for residential and commercial irrigation backflow and cross- connection
devices.
• Amend the National Electric Code to limit the number of duplex receptacles on certain
circuits; require a main service disconnecting means on the exterior of a building.
• Reinstate contractor registration and insurance requirements according to state law.
• Reinstate inspection scheduling requirements.
Although there is no requirement within the Building Code or the Unified Development Code for
the Planning and Zoning Commission to review the proposed building code changes or offer a
recommendation, it is the desire of the City Council that the Commission examine the proposed
changes and offer a recommendation.
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Staff recommends that Ordinance 15 -C -20 amending Chapter 18, Buildings and Building
Regulations be approved as presented by staff.
Mr. Evans opened the Public Hearing at 6:21 P.M:
• James Leonard, Greater San Antonio Builders Association (GSABA), 3625 Paesano
Parkway, San Antonio, TX spoke on meetings with staff as a resource, revenue report and
personnel.
• Liz Richter, D.R. Horton, 3562 Paesano Parkway, spoke on plan review time and
consistency.
• Chris Jurgens, VP of Operations D.R. Horton, 3562 Paesano Parkway, spoke on design
engineers and prepour.
• Jay McJunkin, 3562 Paesano Parkway, spoke on the plan size requirement of 24 x 36.
• Tim Pruski, GSABA and Bella Vista Homes, 3562 Paesano Parkway, spoke on sound
attenuation.
• Greg Asvestas, MLAW Engineers, 3625 Paesano Parkway, San Antonio, TX spoke on
submittal documents.
• Rick Bowman, MLAW Engineers, 3625 Paesano Parkway, San Antonio, TX spoke on
foundation requirements.
• Clayton Morris, 24906 Roosevelt Court, Tomball, TX spoke on engineers on site and
stiffer foundations.
• Amir Shekarchi, SA Engineering Company, 12719 Spectrum Drive, San Antonio, TX
spoke on engineers on site.
• Joe Leos, D.R. Horton deferred his time to James Leonard, GSABA, spoke on engineering
requirements, and staffing.
• Matt Cosgrove, 5408 North Graytown Road, Schertz, TX spoke on building a house and
planting trees on his property.
Mr. Evans closed the public hearing at 7:24 P.M.
Mr. Evans stated that in the past we discussed laying out specific standards such as stiffer pads to
get better quality construction, and if this is mandated, is that an option. Mr. James stated yes, and
that we discussed these requirements because they do impose an increased cost. One of the
challenges we faced was that the engineer designed the foundation to the soils to perform as it
should, but it did not happen. We still are open to discussions because at the end of the day it is
our objective to get better quality homes for the homeowners, and we may come back to modify
some restrictions. Mr. Glombik stated that he would rather see a consensus from Staff. Mr. Dahle
asked about the recommendation to take out the sound attenuation. Mr. James stated that this is a
construction standard to be placed in the building code.
Discussion continued between Staff and the Commission.
Mr. Dahle motioned to forward this item to City Council with a recommendation to approve.
Mr. Crawford seconded the motion. Vote was 5 -1 with Mr. Braud voting nay. Motion carried.
B. Hold a public hearing, consider and make a recommendation to City Council on an
amendment to the Schertz Code of Ordinances, Chapter 30, Fire Prevention and
Protection, by amending existing International Codes and adopting new International
Codes.
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Mr. Perry and Mr. Covington gave a presentation with the following points:
Purpose
• Purpose of the International Fire Code is for construction and occupancy safety.
• The IFC sets a minimum for safety standards in commercial and multi - family occupancy.
• The IFC covers life safety for both the occupants and responders.
• There has not been an amended fire code in the City of Schertz since the adoption of the
IFC 2006.
• That is a 9 year time frame. There were a number of changes over that period of time
• Many of the proposed amendments are modeled after the City of San Antonio's Fire Code
Ordinance.
o By doing this we will not be introducing unfamiliar codes to the area.
By making these amendments we will also be codifying any unwritten or vague standing
rules.
Added Codes and Chapter
• The IFC 2012 has added the requirements for expanded radio coverage in new construction
as well as requirements for existing buildings.
• The IFC 2012 also contains a chapter on existing buildings.
• Amendments
• The main portion of the changes were additions and modifications to the current codes to
clarify and simplify them.
• A number of the sections leave the final approval up to the fire chief and /or fire code
official. In many of those instances we specified what would be allowed or not allowed.
• Definitions were add for clarity.
• Clarified Change of Occupancy Definition- Change of Certificate of Occupancy (ownership
change)
• Fire Lanes — Provided clear definitions and examples of what is acceptable for the marking
and identification of fire lanes.
• Standpipes — Coverage of buildings greater than 10,000 sq ft in area will have requirements
for horizontal coverage as well as the existing vertical requirements that are in the IFC
2012.
• Mobile Food Establishments and Food Booths — A section was added to cover mobile
cooking establishments such as food trucks and food booths. These will be inspected on
fire and life safety due to the use of LP gas and production of grease laden vapors which
require special types of fire extinguishing agents.
• Trade Shows and Conventions Allows food booths to operate under and follow rules of
the mobile food establishments.
• Underground Fuel Storage Tanks - Clarified inventory control records and record keeping.
This will allow for review of records to monitor for leaks or unaccounted for loss of
product.
• Fire Drills in Educational Facilities - Information and guidelines have been implemented in
schools previously but, have not been in writing until now.
• Permits -There are additions that will trigger the need for a permit. The fees will be
minimal. The main purpose of the permit is to ensure an inspection is performed for safety.
Mr. Evans opened the Public Hearing at 8:22 P.M.
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6.
9.
There being no one to speak, Mr. Evans closed the Public Hearing at 8:23 P.M.
Mr. Brand asked about controlling fireworks outside the city limits in the code. Mr. Perry stated
that this has been corrected, and we cannot do that. Mr. Perry further stated that they cannot
confiscate unopened fireworks, but a citation can be issued following state law. Mr. Dahle stated
that he called about fireworks in the south end and there was no response. He would hope that
there would be dedicated staff for New Year's Eve. Mr. Perry stated that they try to post on the
web site and get information out, but if people use fireworks they are still going to do it.
Discussion followed between Staff and the Commission.
Mr. Greenwald motioned to forward a recommendation of approval to City Council with
corrections as stated by Mr. Crawford and Mr. Braud. Mr. Glombik seconded the motion. Vote
was 6 -0. Motion carried.
REQUESTS AND ANNOUNCEMENTS
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.
None.
B. Announcements by Commissioners.
• None.
C. Announcements by City Staff.
Ms. Sanchez stated that the Texas APA Conference would be in Galveston this year
from October 7 to October 9, 2015.
Ms. Sanchez stated that city shirts were handed out tonight to the Commission.
• Ms. Sanchez stated that the following site plans were submitted to the Planning
and Zoning Department for administrative approval between July 6, 2015 and
July 17, 2015.
• Schertz Professional Center Subdivision, Lot 1, Block 1 (1739 Schertz
Pkwy) — Site Plan — Proposed: 10,000 square foot Medical Office
• Walmart Supercenter #3391 -00 Subdivision, Lot 15, Block 1 (5560 FM
3009) — Site Plan — Proposed: Parking lot
• Blue Ridge Center Subdivision, Lot 8, Block 1 (17605 IH -35 N) — Site
Plan — Proposed: 3,753 square foot restaurant
ADJOURNMENT OF THE REGULAR MEETING
The meeting adjourned at 8:45 P.M.
Chairman, Planning and Zoning Commission
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Recording Secretary, City of Schertz