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10-24-16 BOA Agenda with Associated DocumentsSCHERTZ BOARD OF ADJUSTMENT HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team 1. CALL TO ORDER / ROLL CALL 3. PUBLIC HEARING: The Board of Adjustment will hold a public hearing related to variance requests within this agenda. The public hearing will be opened to receive a report from staff, the applicant, and the adjoining property owners affected by the applicant's request, and any other interested persons. Upon completion, the public hearing will be closed. The Board will discuss and consider the application, and may request additional information. from staff or the applicant, if required. After deliberation, the Board will act on the applicant's request. A. BOA2016 -006 Hold a public hearing, consider and act upon a request for a variance to UDC Article 5, Section 21.5.7.B — Dimensional Requirements, Non - Residential Zoning Districts, in order to permit a 60 foot lot width in the General Business 2 (GB -2) zoning district on an approximately 7 acre tract of land out of the G.M. Dolson. Survey No., 96, Abstract No. 120, City of Schertz, Comal County, Texas and being generally located 350 feet south of the intersection of Bell North Drive and FM 3009. B. BOA2016 -007 Hold a public hearing, consider and act upon a request for a variance to UDC Article 9, Section 21.9.5.E.2.a. Exterior Building Materials, in order to permit metal as the primary exterior building material in the Public Use zoning district on an approximately 70 acre tract of land out of the G. Malpez Survey No. 67, Abstract No. 464, City of Schertz, Bexar County, Texas, and being located at 12423 Authority Lane. 4. ANNOUNCEMENTS: A. Announcements by Members • City and community events attended and to be attended • Continuing education events attended and to be attended Board of Adjustment October 24, 2016 Page 1 of 2 B. Announcements by City Staff • CCAB Update • City and community events attended and to be attended • Continuing education events attended and to be attended CERTIFICATION I, Emily Grobe, Planner of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 21st day of October, 2016 at 5:00 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551, Texas Government Code. emUi Grobe Emily Grobe, Planner I certify that the attached notice and agenda of items to be considered by the Schertz Board of Adjustment was removed from the official bulletin board on day of , 2016. title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in advance of meeting. The Board of Adjustment for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. Board of Adjustment Page 2 of 2 October 24, 2016 TO: Board of Adjustment PREPARED BY: Emily Grobe, Planner CASE: BOA 2016 -006 Platform Warehouse Suites, Block 1, Lot 1 — Lot Width SUBJECT: Hold a public hearing, consider and act upon a request for a variance to UDC Article 5, Section 21.5.7.6 — Dimensional Requirements, Non - Residential Zoning Districts, in order to permit a 60 foot lot width in the General Business 2 (GB -2) zoning district on an approximately 7 acre tract of land out of the G.M. Dolson Survey No., 96, Abstract No. 120, City of Schertz, Comal County, Texas and being generally located 350 feet south of the intersection of Bell North Drive and FM 3009. Owner /Applicant: Flagpole Partners, L.P. — David Pencsak Engineer: M &S Engineering. L.L.C. - Brian Mendez REQUEST: The property owner is requesting a variance to UDC Article 5, Section 21.5.7.B — Dimensional Requirements from the required 100 -foot lot width the proposed Lot 1, Block 1 of the Platform Warehouse Suites Subdivision. The request is for the proposed lot to have a reduced lot width, which if approved, would be 60 feet wide due to existing site constraints. PUBLIC NOTICE: The public hearing notice was published in "The Daily Commercial Recorder" on October 7, 2016 and in the "Herald "on October 12, 2016. There were sixteen (16) notices mailed to surrounding property owners on October 6, 2016. At the time of this staff report no responses have been received. ITEM SUMMARY: The applicant has submitted a minor plat application in order to create a legal lot of record for this existing undeveloped property. The property must be platted in order to develop the site. The lot currently exists as a flag shape that has frontage on FM 3009 in the width of 60 feet. The 60 feet lot width continues for approximately 1174 feet, utilized as the drive way for the developable portion. The lot then widens to approximately 405 feet, which would be utilized as the developable portion. This lot has existed in this configuration since the development of the adjacent Schertz Industrial Park. The applicant is requesting a variance to the required minimum 100 -foot lot width due to the lot configuration as created and purchased. The surrounding properties are privately owned, and the applicant is unable to meet the required lot width. SUBJECT PROPERTY GENERAL LOCATION ZONING AND LAND USE: The property is located 350 feet south of the intersection of Bell North Drive and FM 3009. Existing Zoning Existing Use Manufacturing Light and General Business Undeveloped SURROUNDING ZONING /LAND USE: CRITERIA FOR REVIEW: According to UDC, Article 3, Sections 21.3.4.C, in order to make a finding of hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following: 1. The requested variance does not violate the intent of this UDC or its amendments; The variance does not violate the intent of the UDC or its amendments because the property owner's request for a reduced lot width applies to the proposed lot that is constrained due to existing lots on both sides of the property that limit the property owner's ability to propose a lot that meets the minimum lot width requirement. 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; The purpose of this variance is to acknowledge the special circumstances particular to the subject property. The subject property is in the shape of a flag due to the creation of surrounding subdivisions and larger tract properties. The subject property has access to FM 3009 by a narrow strip of land roughly 1174' long by 60' wide, which accesses the developable portion of the property. The special conditions that apply to the subject site include restricted areas that eliminate the applicant's ability to propose the establishing of a legal lot of record that could meet the minimum lot width requirement. 3. The hardship is in no way the result of the applicant's own actions; or The portion of the lot that is narrow was created due to the development of the surrounding properties. With the creation of the Schertz Industrial Park, the subject property was not included leaving a unique flag lot. The applicant did not intentionally create this irregular shaped lot that does not meet the width requirements, but rather is trying to plat to develop an infill site. 4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. iN Existing Zoning Existing Use North Manufacturing Light and General Business Office / Warehouse South Manufacturing Light and General Business Office / Warehouse East Right of Way FM 3009 West Manufacturing Light Office / Warehouse CRITERIA FOR REVIEW: According to UDC, Article 3, Sections 21.3.4.C, in order to make a finding of hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following: 1. The requested variance does not violate the intent of this UDC or its amendments; The variance does not violate the intent of the UDC or its amendments because the property owner's request for a reduced lot width applies to the proposed lot that is constrained due to existing lots on both sides of the property that limit the property owner's ability to propose a lot that meets the minimum lot width requirement. 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; The purpose of this variance is to acknowledge the special circumstances particular to the subject property. The subject property is in the shape of a flag due to the creation of surrounding subdivisions and larger tract properties. The subject property has access to FM 3009 by a narrow strip of land roughly 1174' long by 60' wide, which accesses the developable portion of the property. The special conditions that apply to the subject site include restricted areas that eliminate the applicant's ability to propose the establishing of a legal lot of record that could meet the minimum lot width requirement. 3. The hardship is in no way the result of the applicant's own actions; or The portion of the lot that is narrow was created due to the development of the surrounding properties. With the creation of the Schertz Industrial Park, the subject property was not included leaving a unique flag lot. The applicant did not intentionally create this irregular shaped lot that does not meet the width requirements, but rather is trying to plat to develop an infill site. 4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. iN The applicant is unable to increase the lot width along this portion of the lot due to the existing commercial development, or differing property owners, on both sides of the narrow portion of this lot. Failure to grant this variance would affect the applicant's ability to plat the property as proposed. Without platting to establish a legal lot of record, the applicant would not develop the site. STAFF ANALYSIS STAFF RECOMMENDATION: Staff recommends approval of BOA 2016.006. The request for a variance complies with the approval criteria for granting a variance as presented above. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Board can impose conditions; conditions should only be imposed to meet requirements of the UDC. Attachments: Aerial location map Public hearing notice map Exhibits 0 DOERR LN < (74507) < 0 FM 300)0 9 M (6870) 9993 DOERR LN (45148) Comal County 06 Ol� 0 0 0 0 0 ;p 'A 0 0 A 0 CP 0 'A �6/1 ip. 0 Lso 0 DOERR LN < (74507) < 0 FM 300)0 9 M (6870) 9993 DOERR LN (45148) Comal County 06 M LTJ I no 4 194 NO 14KA MM NUM" I September 23, 2016 City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 (210)219-1000 RE: Schertz Industrial Park — 6.60 Acres 376 LAND,A STREET NEW BRAUNFELS TX 78130 830.629-2988 PH 1 830.228.4197 FX FIRM R3•4 WWW.MSENGR.COM To whom it may concern: We are submitting the Schertz Industrial Park variance application. This plat falls within the Schertz City Limits. The road frontage for the proposed platted lot does not create a hardship the development or any adjacent property. Please consider this request to allow the Schertz Industrial Park to have a 60 foot right-of-way. If you have any questions or require additional information, please contact me or Jerod Mott at (830) 629-2988. Sincerely, 7, Brian Mendez M&S Engineering M ME SURVEYING CASE NUMBER Board of Adjustment may grant variances or modifications of height, yard, area, coverage, parking regulations, accessory building and non - conforming use subject to making a finding of hardship that the variance meets all four of the following criteria. State how your request meets these conditions, cription of variance request: The request for a Variance to the Unified Development Code Anicle 5, Table 21.5.713 Dimensional Reguirements from 3. Is the hardship the result of the applicant's own actions or intended for financial interest? 0 Yes 0 No Explaim The tract is currently a flag shaped lot that has a 60 root road frontage. This is the only access to public right- of =vyay. The irregular shaped lot was not the fault of the owner. The surrounding property was platted in July 2001. This plat created the subject tracts irregular flat, shaped h—inrl—i 4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity? 13 Yes 0 No Explaim The proposed variance will afflow for growth in the area and will provide a service for surrounding comLnunity.. Granting this variance will not be detrimental to the neighboring property's welfare. The current tract has been in existence since July 2001. 16-Variance Checkhst Page 2 oF2 C.P.S. NOTES: 1. THE CITY OF SAN ANTONIO AS A PART OF ITS ELECTRIC AND GAS SYSTEM (CITY PUBLIC SERVICE BOARD) IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ELECTRIC AND GAS DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THE PLAT AS "ELECTRIC EASEMENT ", "GAS EASEMENT ", "ANCHOR EASEMENT ", "SERVICE EASEMENT ", "OVERHANG EASEMENT ", "UTILITY EASEMENT AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES; TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO RELOCATE SAID FACILITIES WITHIN SAID EASEMENT AND RIGHTS -OF -WAY AREAS, AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASEMENT AREAS. 2. ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATIONS ALTERATION. 3. THIS PLAT DOES NOT AMEND, ALTER RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW: LOCATION MAP TXDOT NOTES: NOT TO SCALE 1. FOR RESIDENTIAL DEVELOPMENT DIRECTLY ADJACENT TO STATE RIGHT -OF -WAY, THE DEVELOPER /OWNER SHALL BE RESPONSIBLE FOR ADEQUATE SET -BACK AND /OR SOUND ABATEMENT MEASURES FOR FUTURE NOISE MITIGATION. STATE OF TEXAS COUNTY OF COMAL I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE UNDER MY SUPERVISION ON THE GROUND. (�R�ICHA�RD O TRICHARD A. GOODWIN REGISTERED PROFESSIONAL LAND SURVEYOR #4069 .. O SHERWOOD SURVEYING & S.U.E. A. GOODWIN P.O. BOX 992 •• SPRING BRANCH, TEXAS 78070 4069 c s o\ yO STATE OF TEXAS COUNTY OF COMAL I JEROD MOTT, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN TO THIS PLAT TO THE MATTERS OF STREET, LOTS, DRAINAGE LAYOUT, AND TO THE BEST OF MY KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF THE CITY OF SCHERTZ SUBDIVISION ORDINANCE. OWNERS: DAVID PENCSAK LEGEND • Yz" DIAMETER IRON PINS FOUND REGISTERED PROFESSIONAL ENGINEER UNLESS NOTED O )�" DIAMETER IRON PINS SET WITH EXISTING DRAINAGE SYSTEM WITHIN THE HIGHWAY RIGHT -OF -WAY. FOR PROJECTS IN THE YELLOW CAP STAMPED "SHERWOOD 19710 SECRETE SURVEYING" ESMT. EASEMENT D.E. PUBLIC DRAINAGE EASEMENT MPRCCT MAP & PLAT RECORDS, COMAL AND /OR DETENTION PONDS TREATING IMPERVIOUS COVER RELATED TO THE DEVELOPMENT, COUNTY, TEXAS C.P.S. NOTES: 1. THE CITY OF SAN ANTONIO AS A PART OF ITS ELECTRIC AND GAS SYSTEM (CITY PUBLIC SERVICE BOARD) IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ELECTRIC AND GAS DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THE PLAT AS "ELECTRIC EASEMENT ", "GAS EASEMENT ", "ANCHOR EASEMENT ", "SERVICE EASEMENT ", "OVERHANG EASEMENT ", "UTILITY EASEMENT AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES; TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO RELOCATE SAID FACILITIES WITHIN SAID EASEMENT AND RIGHTS -OF -WAY AREAS, AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASEMENT AREAS. 2. ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATIONS ALTERATION. 3. THIS PLAT DOES NOT AMEND, ALTER RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW: LOCATION MAP TXDOT NOTES: NOT TO SCALE 1. FOR RESIDENTIAL DEVELOPMENT DIRECTLY ADJACENT TO STATE RIGHT -OF -WAY, THE DEVELOPER /OWNER SHALL BE RESPONSIBLE FOR ADEQUATE SET -BACK AND /OR SOUND ABATEMENT MEASURES FOR FUTURE NOISE MITIGATION. STATE OF TEXAS COUNTY OF COMAL I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE UNDER MY SUPERVISION ON THE GROUND. (�R�ICHA�RD O TRICHARD A. GOODWIN REGISTERED PROFESSIONAL LAND SURVEYOR #4069 .. O SHERWOOD SURVEYING & S.U.E. A. GOODWIN P.O. BOX 992 •• SPRING BRANCH, TEXAS 78070 4069 c s o\ yO STATE OF TEXAS COUNTY OF COMAL I JEROD MOTT, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN TO THIS PLAT TO THE MATTERS OF STREET, LOTS, DRAINAGE LAYOUT, AND TO THE BEST OF MY KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF THE CITY OF SCHERTZ SUBDIVISION ORDINANCE. OWNERS: DAVID PENCSAK I 15' ' HIGHWAY 1 i;f 2. THE DEVELOPER /OWNER IS RESPONSIBLE FOR PREVENTING ANY ADVERSE IMPACT TO THE REGISTERED PROFESSIONAL ENGINEER FLAGPOLE PARTNERS, LP 1.0' VEHICULAR l 60' 60' EXISTING DRAINAGE SYSTEM WITHIN THE HIGHWAY RIGHT -OF -WAY. FOR PROJECTS IN THE P.E. JEROD P.E. NO 1131 1131 32 19710 SECRETE I EDWARDS AQUIFER RECHARGE OR CONTRIBUTING ZONES, OUTFALLS FOR WATER QUALITY I CD o LOT 14 _ - - - - -- .IR1 AND /OR DETENTION PONDS TREATING IMPERVIOUS COVER RELATED TO THE DEVELOPMENT, n GARDEN RIDGE, TEXAS 78286 �o WILL NOT ENCROACH BY STRUCTURE OR GRADING INTO STATE ROW. PLACEMENT OF PHONE # (512) 965 -8226 _ _ __ _ __ _1694.58'- PERMANENT STRUCTURAL BEST MANAGEMENT PRACTICE DEVICES OR VEGETATIVE FILTER j S60 "04'51 "W STRIPS WITHIN STATE RIGHT -OF -WAY WILL NOT BE ALLOWED. 20' X 40' ESMT. ENGINEER: IPF W /YELLOW CAP 1709.58 ' RIGHT -OF -WAY AND EASEMENT V0L. 365, PG. 756 DR M &S ENGINEERING, LLC _ I,I PAPE IDOWSON 3. IF SIDEWALKS ARE REQUIRED BY AN APPROPRIATE CITY ORDINANCE, A SIDEWALK PERMIT _ _. _ _ _ 376 LANDA ST. - MUST BE APPROVED BY TXDOT, PRIOR TO CONSTRUCTION WITHIN STATE RIGHT -OF -WAY. __ _ _ _ . . _ _ _ _ _ _ _ _ _ _BLOCK _ DOERR LANE SUBDIVISION DOC. NO. 201406018499 NEW BRAUNFELS, TEXAS 78130 LOT 2R, BLOCK 1 50' DRAINAGE ESMT. DOC. N0. 200706008926 LOCATIONS OF SIDEWALKS WITHIN STATE RIGHT -OF -WAY SHALL BE AS DIRECTED BY TXDOT. STATE OF TEXAS PHONE # (830) 629 -2988 CAL -TEX SUBDIVISION DOC. NO. 200706008926 COUNTY OF COMAL 5' HIGHWAY RESERVATION 4. MAXIMUM ACCESS POINTS TO THE STATE HIGHWAY FROM THIS PROPERTY WILL BE SURVEYOR: DOC. NO. 2007060 8926 REGULATED BY TXDOT'S, "ACCESS MANAGEMENT MANUAL ". THIS PROPERTY IS ELIGIBLE FOR SHERWOOD SURVEYING, LLC A MAXIMUM COMBINED TOTAL OF 1 ONE RIGHT-IN/OUT ACCESS POINT, BASED ON AN (ONE) / I, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATION P.O. BOX 970 0 50 100 200 OVERALL PLATTED HIGHWAY FRONTAGE OF APPROXIMATELY 60.02'. WHERE TOPOGRAPHY OR AND THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. SPRING BRANCH, TEXAS 78070 OTHER EXISTING CONDITIONS MAKE IT INAPPROPRIATE OR NOT FEASIBLE TO CONFORM TO THE PHONE # (830) 228 -5446 CONNECTION SPACING INTERVALS, THE LOCATION OF REASONABLE ACCESS WILL BE SCALE DETERMINED WITH CONSIDERATION GIVEN TO TOPOGRAPHY, ESTABLISHED PROPERTY (FEET) OWNERSHIPS, UNIQUE PHYSICAL LIMITATIONS, AND /OR PHYSICAL DESIGN CONSTRAINTS. THE 1 " = 100' SELECTED LOCATION SHOULD SERVE AS MANY PROPERTIES AND INTERESTS AS POSSIBLE TO REDUCE THE NEED FOR ADDITIONAL DIRECT ACCESS TO THE HIGHWAY. IN SELECTING CITY ENGINEER LOCATIONS FOR FULL MOVEMENT INTERSECTIONS, PREFERENCE WILL BE GIVEN TO PUBLIC ROADWAYS THAT ARE ON LOCAL THOROUGHFARE PLANS. BLOCK 2 5. ANY TRAFFIC CONTROL MEASURES (LEFT -TURN LANE, RIGHT -TURN LANE, SIGNAL, ETC.) THIS PROPOSED SUBDIVISION PLAT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK ' SCHERTZ INDUSTRIAL PARK FOR ANY ACCESS FRONTING A STATE MAINTAINED ROADWAY SHALL BE THE RESPONSIBILITY MUNICIPAL AUTHORITY (COMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT THE TIME OF CONNECTION WILL BE CALCULATED VOL. 14, PG. 28 -30 ' OF THE DEVELOPER /OWNER. AT SUBMITTAL OF BUILDING PERMIT APPLICATION. MPRCCT 28' UTILITY ESMT. LOT 5 ' VOL. 14, PG. 28 -30 DPR ' BY: ___,__ _ _.._.___._.___. __ - --LOT _6 --- --- -- _ AGENT FOR THE CIBOLO CREEK MUNICIPAL AUTHORITY LOT 4 536.82 ».__ N60'04 52 E " PLANNING & COMMUNITY DEVELOPMENT ACKNOWLEDGEMENT THIS PLAT OF PLATFORM WAREHOUSE SUITES HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY OF SCHERTZ PLANNING AND ZONING COMMISSION, AND IS HEREBY APPROVED BY SUCH COMMISSION ON 20 DATED THIS DAY OF A.D., 20 BY CITY AUTHORIZED AGENT LOT 7 BLOCK 1 � M I d' co 4 U) co 1,M ! I LOT 1 0;'? 6.60 Ac. N PRO -TECH d SUBDIVISION z 1 VOL. 10, PG. 214 BLOCK 2 MPRCCT i SCHERTZ INDUSTRIAL PARK VOL. 14, PG. 28 -30 2 UTILITY VOL.114,PG. 28 ESMT. MPRCCT 30 DPR' LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT i _-- 1173.30' - - -1 _ .. I N60'05' 16 "E STATE OF TEXAS COUNTY OF COMAL THE OWNER OF THE LAND SHOWN ON THIS PLAT AND WHOSE NAME IS SUBSCRIBED HERETO, AND IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, HEREBY DEDICATES TO THE USE OF THE PUBLIC FOREVER ALL STREETS, PARKS, WATER COURSES, DRAINS, EASEMENTS, AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATIONS THEREIN EXPRESSED, BY: DAVID PENCSAK FLAGPOLE PARTNER, LP 19710 SECRET COVE GARDEN RIDGE, TEXAS 78266 STATE OF TEXAS COUNTY OF COMAL BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED DAVID PENCSAK KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF . 20 NOTARY PUBLIC, STATE OF TEXAS STATE OF TEXAS COUNTY OF COMAL NOTARY PUBLIC (PRINT NAME) I, BOBBIE KOEPP, COUNTY CLERK OF COMAL COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE ON THE DAY OF A.D., 20_, AT M. AND DULY RECORDED THE DAY OF A.D. 20_ AT M. IN THE RECORDS OF MAPS AND PLATS IN SAID OFFICE, OF SAID COUNTY, IN DOCUMENT # IN TESTIMONY WHEREOF WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE THIS DAY OF , A.D. 20_ COUNTY CLERK COMAL COUNTY, TEXAS BY: DEPUTY THIS PLAT OF PLATFORM WAREHOUSE SUITES HAS BEEN SUBMITTED TO AND CONSIDERED BY THE COMMISSIONERS COURT OF COMAL COUNTY, TEXAS AND IS HEREBY APPROVED FOR FILING BY SAID COURT ON , 20_. DATED THIS DAY OF A.D., 20 BY: COUNTY JUDGE ATTEST: COUNTY CLERK - DEPUTY ^' ( I 15' ' HIGHWAY 1 i;f RESERVATION I °D 1 VOL. 14, PG. 28 -3 9 1.0' VEHICULAR l 60' 60' NON- ACCESS ESMT. DOC. NO. 461379 OPR 14' UTILITY ESMT­-, I I CD o LOT 14 _ - - - - -- .IR1 n SET NOTES: 1. THIS SUBDIVISION DOES LIE WITHIN THE CITY LIMITS OF SCHERTZ. 2. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL NO.48091CO485F, EFFECTIVE DATE SEPTEMBER 02, 2009, THE SITE IS LOCATED IN ZONE "X" AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. 3. PROPERTY OWNERS ARE ADVISED THAT THEY ARE RESPONSIBLE FOR MAINTENANCE OF DEDICATED EASEMENTS ON THEIR PROPERTY AND MAY NOT UTILIZE THESE EASEMENTS FOR ANY PURPOSE DETRIMENTAL TO THEIR INTENDED USE (I.E. NO STRUCTURES, SEPTIC TANKS FIELDS, ETC.). GRANTEES OF SAID DEDICATED EASEMENTS RESERVE THE RIGHT OF ACCESS TO SUCH EASEMENTS. 4. NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES NAD PERMITS. 5. ALL PRIVATE OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS, ETC. ARE THE RESPONSIBILITY OF THE DEVELOPER OR ITS SUCCESSORS AND /OR ASSIGNS. 6. BEARING BASED ON NAD 83 STATE PLANE COORDINATES, SOUTH CENTRAL ZONE, AND ADJUSTED TO SURFACE USING A SCALE FACTOR OF 1.00015. 7. TOTAL NUMBER OF BUILDABLE LOTS - 1 ENGINEERS, PLANNERS, SURVEYORS TEXAS REGISTERED ENGINEERING FIRM NO. F -1394 SHERWOOD POST OFFICE BOX 992 SPRING BRANCH, TEXAS 78070 SURVEYING & S.U.E. PHONE # (830) 228 -5446 PLATFORM WAREHOUSE SUITES MINOR PLAT A 6.60 ACRE TRACT OF LAND BEING SITUATED IN THE G. M. DOLSON SURVEY NO. 96, ABSTRACT NO. 120 BEING THE SAME TRACT DESCRIBED IN DOCUMENT No. 461379 OF THE OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS. JOB # : 16FLAGPOOl DATE: AUGUST 29, 2016 SHEET 1 OF 1 Date: Oct 03, 2016, 3:53pm User ID: bmendez File: S: \Active Projects\ 1 6FLAGP001 Schertz Industrial Park \dwg \16FLAGP001 — PLAT- 001.dwg _._.._.. 60' INGRESS /EGRESS 115$'30' 15 DEDHT -OF WAY _ r : l DOC. NO. 461379 OPR BEING 0.02 Ac. N I _ _ _ ____.__.__ .__ - -- - -- �o - - - - - -- _ _ __ _ __ _1694.58'- j S60 "04'51 "W 50' VALERO TRANSMISSION COMPANY 20' X 40' ESMT. IPF W /YELLOW CAP 1709.58 ' RIGHT -OF -WAY AND EASEMENT V0L. 365, PG. 756 DR VOL. 428, PG. 873 DR _ I,I PAPE IDOWSON LOT 3, 1 _ _. _ _ _ - I 120' _ __ _ _ _ . . _ _ _ _ _ _ _ _ _ _BLOCK _ DOERR LANE SUBDIVISION DOC. NO. 201406018499 - 50' DRAINAGE ESMT. VOL. t3, PG. 71 oPR LOT 2R, BLOCK 1 50' DRAINAGE ESMT. DOC. N0. 200706008926 j MPRCCT CAL -TEX SUBDIVISION DOC. NO. 200706008926 5' HIGHWAY RESERVATION MPRCCT DOC. NO. 2007060 8926 NOTES: 1. THIS SUBDIVISION DOES LIE WITHIN THE CITY LIMITS OF SCHERTZ. 2. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL NO.48091CO485F, EFFECTIVE DATE SEPTEMBER 02, 2009, THE SITE IS LOCATED IN ZONE "X" AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. 3. PROPERTY OWNERS ARE ADVISED THAT THEY ARE RESPONSIBLE FOR MAINTENANCE OF DEDICATED EASEMENTS ON THEIR PROPERTY AND MAY NOT UTILIZE THESE EASEMENTS FOR ANY PURPOSE DETRIMENTAL TO THEIR INTENDED USE (I.E. NO STRUCTURES, SEPTIC TANKS FIELDS, ETC.). GRANTEES OF SAID DEDICATED EASEMENTS RESERVE THE RIGHT OF ACCESS TO SUCH EASEMENTS. 4. NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES NAD PERMITS. 5. ALL PRIVATE OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS, ETC. ARE THE RESPONSIBILITY OF THE DEVELOPER OR ITS SUCCESSORS AND /OR ASSIGNS. 6. BEARING BASED ON NAD 83 STATE PLANE COORDINATES, SOUTH CENTRAL ZONE, AND ADJUSTED TO SURFACE USING A SCALE FACTOR OF 1.00015. 7. TOTAL NUMBER OF BUILDABLE LOTS - 1 ENGINEERS, PLANNERS, SURVEYORS TEXAS REGISTERED ENGINEERING FIRM NO. F -1394 SHERWOOD POST OFFICE BOX 992 SPRING BRANCH, TEXAS 78070 SURVEYING & S.U.E. PHONE # (830) 228 -5446 PLATFORM WAREHOUSE SUITES MINOR PLAT A 6.60 ACRE TRACT OF LAND BEING SITUATED IN THE G. M. DOLSON SURVEY NO. 96, ABSTRACT NO. 120 BEING THE SAME TRACT DESCRIBED IN DOCUMENT No. 461379 OF THE OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS. JOB # : 16FLAGPOOl DATE: AUGUST 29, 2016 SHEET 1 OF 1 Date: Oct 03, 2016, 3:53pm User ID: bmendez File: S: \Active Projects\ 1 6FLAGP001 Schertz Industrial Park \dwg \16FLAGP001 — PLAT- 001.dwg TO: Board of Adjustment CASE: BOA2016-007 CCMA OJR Wastewater Treatment Facility — Exterior Building Material SUBJECT: Hold a public hearing, consider and act upon a request for a variance to UDC Article 9, Section 21,9.5.E.Za. Exterior Building Materials, in order to permit metal as the primary exterior building material in the Public Use zoning district on an approximately 70 acre tract of land out of the G. Malpez Survey No. 67, Abstract No. 464, City of Schertz, Bexar County, Texas, and being located at 12423 Authority Lane, GENERAL INFORMATION: Owner/Applicant: Cibolo Creek Municipal Authority (CCMA) Engineer: Alan Plummer & Associates, Inc., Robert Adam, DE, PE REQUEST: The property owner is requesting a variance to UDC Article 9, Section 21.9.5,E,2.a Exterior Building Materials in order to permit metal as the primary exterior building material for two proposed new buildings. The request is to use metal as the primary exterior building material for two new buildings that will be constructed. PUBLIC NOTICE: The public hearing notice was published in "The Daily Commercial Recorder" on October 7, 2016 and in the "Herald" on October 12, 2016. There were six (6) notices mailed to surrounding property owners on October 6, 2016, At the time of this staff report no responses have been received. ITEM SUMMARY: The existing wastewater treatment facility is on approximately 30 acres of land that is accessed from Schaefer Road onto Authority Lane. CCMA is proposing to expand and make new improvements to its current wastewater treatment facility. The proposed expansion area is immediately south of the existing treatment facility and will include aeration basins, clarifiers, dewatering facilities, and other necessary features that are required for wastewater treatment. The proposed metal exteriors are for two new buildings that will be constructed as part of the expansion project. SUBJECT PROPERTY GENERAL LOCATION, ZONING AND LAND USE: The property is located on the northwest corner of the intersection of Authority Lane and Schaefer Road, Existing Zoning Existing Use Public Use Wastewater Treatment Facility CRITERIA FOR REVIEW: According to UDC, Article 3, Sections 21.3.4.C, in order to make a finding of hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following: 1. The requested variance does not violate the intent of this UDC or its amendments; The variance does not violate the intent of the UDC or its amendments because the intent of Section 21.9.5,E2.a Exterior Building Materials is to provide an aesthetically pleasing appearance as well as ensure sound construction quality. The wastewater treatment plant is located over 2, 500 feet away from Schaefer Road, thus the proposed metal buildings and other wastewater treatment facility structures are not visible from any public areas, The applicant is proposing two metal buildings to ensure sound construction quality and durability. The metal buildings being proposed are the sludge dewatering facility and the blower building, located near two new aeration basins that will be constructed. The treatment plant is anticipated to include regular routine cleaning of the buildings. Metal is a more appropriate exterior building material due to ease of cleaning and it would be a more sanitary material compared to masonry material that is porous and would involve more effort cleaning and maintaining, 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; This variance is a request due to the special circumstances particular to the subject property. The property is owned by CCMA and is used as a wastewater treatment plant to service the local residents and businesses. It is a use that is not common thus the unique situation is not applicable to other land in the same zoning district. 3. The hardship is in no way the result of the applicant's own actions; or The hardship is the result of needing to keep up with capacity needs to continue serving the public, and not the result of the applicant's own actions. 4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant • rights commonly enjoyed • other properties in the same zoning district that comply with the same provisions. STAFF ANALYSIS STAFF RECOMMENDATION: Staff recommends approval of BOA 2016-007. The request for a variance complies with the approval criteria for granting a variance as presented above. 2 Existing Zoning Existing Use North Public Use Undeveloped South Right-of-Way Schaefer Road East Schertz Extraterritorial Jurisdiction Residential West Public Use Undeveloped CRITERIA FOR REVIEW: According to UDC, Article 3, Sections 21.3.4.C, in order to make a finding of hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following: 1. The requested variance does not violate the intent of this UDC or its amendments; The variance does not violate the intent of the UDC or its amendments because the intent of Section 21.9.5,E2.a Exterior Building Materials is to provide an aesthetically pleasing appearance as well as ensure sound construction quality. The wastewater treatment plant is located over 2, 500 feet away from Schaefer Road, thus the proposed metal buildings and other wastewater treatment facility structures are not visible from any public areas, The applicant is proposing two metal buildings to ensure sound construction quality and durability. The metal buildings being proposed are the sludge dewatering facility and the blower building, located near two new aeration basins that will be constructed. The treatment plant is anticipated to include regular routine cleaning of the buildings. Metal is a more appropriate exterior building material due to ease of cleaning and it would be a more sanitary material compared to masonry material that is porous and would involve more effort cleaning and maintaining, 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; This variance is a request due to the special circumstances particular to the subject property. The property is owned by CCMA and is used as a wastewater treatment plant to service the local residents and businesses. It is a use that is not common thus the unique situation is not applicable to other land in the same zoning district. 3. The hardship is in no way the result of the applicant's own actions; or The hardship is the result of needing to keep up with capacity needs to continue serving the public, and not the result of the applicant's own actions. 4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant • rights commonly enjoyed • other properties in the same zoning district that comply with the same provisions. STAFF ANALYSIS STAFF RECOMMENDATION: Staff recommends approval of BOA 2016-007. The request for a variance complies with the approval criteria for granting a variance as presented above. 2 Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Board can impose conditions; conditions should only be imposed to meet requirements of the UDC. MMMTII",T.- M, Aerial location map "M I-WO1110i CASE NUMBER 800-0t Board of Adjustment may grant variances or modifications of height, yard, area, coverage, parking regulations, accessory building and non- conforming use subject to making a finding of hardship that the variance meets all four of the following criteria. State how your request meets these conditions. Description of variance request: Request fora Variance to Unified Development Code Article 9, Section 21,9.5.E.2, Exterior Building Materials for Of Public Buildings, from the required primary materials as listed, to alloNv for metal as a primary material for two buildings. 2. Do special conditions or restricted area, shape, topography, or physical features exist that are irregular to the subject parcel of land and not applicable to other parcels of land in the same zoning districts? X Yes 1:1 No Explain: The site is used as a wastewater treatment plant/ facility, thus the special condition that applies to this site is the nature of the use and the need to ensure that the equipment and buildings are constructed with an exterior material that is easy to clean and keep sanitar , -. 3. Is the hardship the result of the applicant's own actions or intended for financial interest? ❑Yes XNo Explain: The hardship is the result of the need to expand the treatment facility to serve the public. It is not the result of CCNLk's own actions or intended for financial interest, 4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity? Dyes XNO Explain: The proposed variance is associated wadi our request to expand the existing treatment plant facility so that CCNL� can continue to selve the public by providing waste -, rater treatment services. Preparer's Signature: el(�Vf - Ylt"Iqzw?l Printed Name: Nick Sherman Date prepared: 10/2022016 £i-31�'tIIi ff 31 t 3K SV�31 � croral s vt taxnah-� NVId 3113 ION jr ��.¢ 1 O1 0 x �oa� llSLLt�S3ilh`° ttnN3 A© hJS!l3y. ff 31W. 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