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PZ 12-13-2017 AGENDA w associated documentsSCHERTZ CAPITAL IMPROVEMENT ADVISORY COMMITTEE AND PLANNING & ZONING COMMISSION 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 THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING 0 a0 39 [a:I9►11.316, A. Hold a public hearing, consider and file the semi - annual report for April 1, 2017 through September 30, 2017, evaluating the progress of the city on achieving the capital improvements program and identifying any problems in implementing the plans or administering the capital recovery fees. 3. ADJOURNMENT OF THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING 1. CALL TO ORDER / ROLL CALL THE REGULAR PLANNING & ZONING COMMISSION MEETING 2. HEARING OF RESIDENTS This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill out the Speaker's registerprior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding gfficer, during the Hearing of Residents portion of'the agenda, will call on those persons who have signed up to speak in the order they have registered. 3. CONSENT AGENDA: A. Minutes for the November 1.5, 2017 . regular meeting 4. PUBLIC HEARING: The Planning and Zoning Commission will hold a public hearing related to zone change requests and replats within this agenda. The public hearing will be opened to receive a report from staff, the applicant, the adjoining property owners affected by the applicant's request, and any other interested persons. Upon completion, the public hearing will be closed. The Commission will discuss and consider the application, and may request additional information from staff or the applicant, if required. After deliberation, the Commission is asked to consider and act upon the following requests and make a recommendation to the City Council if necessary. Planning & Zoning December 13, 2017 Page 1 of 3 A. ZC2017 -014 Hold a public hearing, consider and make a recommendation to City Council on a proposal to rezone approximately 27 acres of land from Pre - Development District (PRE) to Apartment /Multi - Family Residential (R -4). The property is located approximately 1,500 feet northeast of the intersection of FM 1518 and IH -10, Schertz TX. B. ZC2017 -015 Hold a public hearing, consider and make a recommendation to City Council on a proposal to rezone approximately 11 acres of land from Single - Family Residential District (R -1) to Neighborhood Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. C. ZC2017 -017 Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 10 Section 21.10.4 Schedule of Off - Street Parking Requirements. D. ZC2017 -018 Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), update "Director of Development Services" and to remove "Development Services Department ". 5. WORKSHOP /DISCUSSION A. Discussion regarding a proposed Unified Development Code update for Tree Preservation / Mitigation /Exempted Trees 6. REQUESTS AND ANNOUNCEMENTS: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda B. Announcements by Commissioners. • City and community events attended and to be attended • Continuing education events attended and to be attended C. Announcements by City Staff. • City and community events attended and to be attended. • NEW SITE PLAN APPLICATIONS: The following site plans were submitted to the Planning and Zoning Department between November 10, 2017 . and December 8, 2017. . 1. Westridge Subdivision Lot 1, Block 1 (22525 S IH 35) Site Plan- proposed 7,523 square foot veterinary clinic 2. Schertz Retail Center Subdivision Lot 2 (5370 FM 1103) Site Plan- proposed 2,880 square foot automated car wash 3. South Water Reclamation Plat Lot 1 (7424 Trainer Hale Road) Site Plan- proposed water reclamation plant 4. Discount Tire- TXS 11363 Lot 1 (17971 Ih 35 N) Site Plan- proposed 7, 680 square foot commercial building — Discount Tire 7. ADJOURNMENT OF THE REGULAR MEETING Planning & Zoning December 13, 2017 Page 2 of 3 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 8th day of December, 2017 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. EIrytiri/ Gsro�rPi Emily Grobe, Planner I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was removed from the official bulletin board on day of , 2017. 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 Planning and Zoning Commission 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. Planning & Zoning December 13, 2017 Page 3 of 3 TO: Capital Improvements Advisory Committee THROUGH: Brian James, Executive Director PREPARED BY: Rene Zarate, Senior Accountant, James Walters, Finance Director Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital Improvements Advisory Committee (CIAC) to file semi - annual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implementing the plan or imposing impact fees. Section 90- 158 of the City's Code of Ordinance includes this same requirement. The only expense to the Capital Impact Fees for this period was investment management fees against the Sewer Impact Fees. Project Expenses for Water Impact Fee projects was $40,403.20 for the Corbett Elevated Tank. Project Expenses for the Sewer Impact Fee projects was $13.18 for the Woman Hollering Trunk Line. The attached report is the semi - annual report from April 1, 2017 through September 30, 2017. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends the CIAC accept this report and file the semi - annual report with City Council. The semi- annual report will consist of the items presented to the CIAC and the draft minutes from this meeting. Attachments: Impact Fee Report April 1, 2017 through September 30, 2017 CITY OF SCHERTZ CAPITAL RECOVERY IMPACT FEE REPORT APRIL 1, 2017 TO SEPTEMBER 30, 2017 Apr 1, 2017 to Sep 30, 2017 Beginning Impact Fee Balance Revenues: Impact Fees Interest Earned 2 Investments Income Capital One - Investment Income 4 Investment Mgt Fee - Sewer 5 Total Revenue Over /(Under) Expense Ending Impact Fee Balance * * * * * * * * * * * * ** IMPACTS FEES * * * * * * * * * * * * ** Water Sewer Total 4,132,972.95 5,101,034.26 * 9,234,007.21 803,966.40 476,484.60 1,280,451.00 762.66 667.49 1,430.15 23, 700.34 15,226.11 38,926.45 0.00 12, 828.45 12, 828.45 0.00 2,180.45 2,180.45 828,429.40 503,026.19 1,331,455.59 4,961,402.35 5,604,060.45 10,565,462.80 Impact Fees collected between Apr 1, 2017 through Sept 30, 2017 2 Bank Interest collected between Apr 1, 201 through Sept 30, 2017. Based on ending bank cash balance. 3 Investment Income collected between Apr 1, 2017 through Sept 30, 2017 Water and Sewer have separate investment accounts. 4 Investment Income from the Capital One investment for Sewer recorded between Apr, 1 2017 through Sept 30, 2017. s Investment Mgt Fee charged for the Capital One Investment between Apr 1, 2017 through Sept 30, 2017 Capital Recovery Water Proiects Capital Improvements Program SE Quad Pump Station SE Quad GST SE Quad Elevated Tank SE Quad Distribution Mains NE Quad Distribution Mains IH10 Corridor Distribution Mains Original Cost Estimate $ 1,688,289 $ 1,100,000 $ 1,250,000 $ 1,700,000 $ 1,600,000 $ 1,000,000 Current Project Designation Corbett Ground Storage Tank Corbett Ground Storage Tank Corbett Elevated Tank- RU Corbett Elevated & Ground Tanks Current Cost Estimate $ 5,000,000 $ 3,050,000 1 i $ 1,300,000 Caoital Recovery Fundine 2011 2012 2013 2014 2015 2016 $ 3,050,000.00 2017 $ 6.77 2018 $ 1,581.13 Other Funding Sources $ 980.00 Proiect Annual Expenses First Half 2011 Second Half 2011 First Half 2012 Second Half 2012 First Half 2013 Second Half 2013 $ 12,251.14 First Half 2014 $ 6.77 Second Half 2014 $ 1,581.13 First Half 2015 $ 980.00 Second Half 2015 $ 120,233.32 First Half 2016 $ 87,843.28 Second Half 2016 $ 23,263.75 First Half 2017 $ - Second Half 2017 $ 40,403.20 Frist Half 2018 Second Half 2018 Total Expenses $ - $ - $ 286,562.59 $ Project Balance $ - 1 $ - 1 $ 2,763,437.41 1 $ - 1 $ - 1 $ - Capital Recovery Sewer Projects Capital Recovery Funding 2011 Final South 2012 Sewershed Master Woman Hollering South Schertz Trunk Capital Improvements Program Plan Town Creek Phase III Town Creek Phase IV Creek STP PH II Lines and Lift Station Original Cost Estimate $ 15,000 $ 659,126 $ 1,000,000 $ 600,000 $ 9,600,000 2015 Town Creek Phase III Crossvines Batch Woman Hollering Current Project Designation QA3 Plant Expansion Trunk Line - QA2 Current Cost Estimate $ 998,006 $ 300,000 $ 5,940,424 Capital Recovery Funding 2011 2012 2013 2014 $ 82,262.17 2015 $ 49,861.30 2016 $ 980.00 $ 17,032.55 2017 $ 28,743.00 $ 61,364.70 2018 $ 46,690.62 $ 34,775.84 Other Funding Sources $ 931,739.74 $ 3,000,000.00 Project Annual Expenses First Half 2011 Second Half 2011 First Half 2012 Second Half 2012 $ 82,262.17 First Half 2013 $ 49,861.30 Second Half 2013 $ 980.00 $ 17,032.55 First Half 2014 $ 28,743.00 $ 61,364.70 Second Half 2014 $ 46,690.62 $ 34,775.84 First Half 2015 $ 5,858.72 $ 5,382.50 Second Half 2015 $ 815,683.00 $ 38,315.41 First Half 2016 $ 33,784.40 $ 121,438.32 Second Half 2016 $ 83,983.26 First Half 2017 $ 10,255.00 Second Half 2017 $ 13.18 Frist Half 2018 Second Half 2018 Total Expensesi $ - $ 931,739.74 $ - $ - $ 504,684.23 Project Balance $ - 1 $ - 1 $ - $ - $ 2,495,315.77 PLANNING AND ZONING MINUTES November 15, 2017 The Schertz Planning and Zoning Commission convened on November 15, 2017 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION Michael Dahle, Chairman Ernie Evans, Vice Chairman Richard Braud Glen Outlaw Gordon Rae Ken Greenwald COMMISSIONERS ABSENT 1. 2. CALL TO ORDER/ROLL CALL: Mr. Dahle called the HEARING OF RESID There were no res 3. CONSENT AGE A. Minutes for the S'f B. PC2015 -030 EX' Consider and act Unit 3B of the 3 located about 2 ►FIMI CITY STAFF Brain James, Executive Director Development Lesa Wood, Director of Planning & Community Del. Tiffany Danhof, Executive Administrative Assistant Bryce Cox, Senior Planner Channary Gould, Planner Daniel Santee, City Attorney at 6: 1518, Ltd. 1 Communtt meetings a request for approval of a time extension for the preliminary plat for -stead subdivision, an approximate 16 acre tract of land generally feet west of the intersection of IH -35 North and Schwab Road, C. PC2015 -028 EXT Consider and act upon a request for approval of a time extension for the preliminary plat for Unit 4 of the Homestead subdivision, an approximate 17 acre tract of land generally located about 2,000 feet west of the intersection of IH -35 North and Schwab Road, Guadalupe County, Texas. Mr. Braud motioned to approve the consent agenda items. Mr. Greenwald seconded the motion. The vote was 6 -0, motion carried. Minutes Planning and Zoning Commission November 15, 2017 Pagel of 3 A. PC2017 -033 Consider and act upon a request for approval of a preliminary plat of The Crossvine Module 2, Unit I Subdivision, an approximate 15 acre tract of land generally located 1,000 feet south west of the intersection of FM 1518 and Lower Seguin Road, City of Schertz, Bexar County, Texas. Mrs. Gould made a presentation on the preliminary plat of The Crossvine Module 2, Unit 1. Mrs. Gould described the general location, the property access points, the proposed garden home product type, and existing infrastructure improvements. Mrs. Gould stated the proposed preliminary plat is consistent with applicable requirements and staff recommended approval with the condition that a portion of the Trainer Hale Road right -of -way, adjacent to FM 1518, that is located within the proposed boundaries be abandoned by the City of Schertz prior to final plat approval. The Commissioners and Staff had adiscussion regarding the lot and block numbers on sheets four and five of the plat exhibit, the lots identified a landscape lot with proposed parking courts, and consistency of plat with the Crossvine P,DD. Mr. Outlaw motioned to approve PC2017 -033. Mr. Rae seconded the motion. The vote was 6- 0, motion carried. 5. WORKSHOPSJDIS A. Discussion regarding the American Planning Association Texas Chapter 2017 Conference Mr. Outlaw, Mr. Brand, and Mr. Dahlediscussed the events they attended at the American Planning Association Texas Chapter 2017 Conference, and expressed their appreciation for having the opportunity to join staff at the conference. Planning & Zoning Commission By - proposed creating a subcommittee to go over the bylaws and draft revisions to be to to council for approval. Mr. Outlaw, Mr. Brand, and Mr. Dahle volunteered. G 1110111 - 1011"Ma Io "IF i 01011E.� A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. No commissioners spoke. B. Announcements by Commissioners. City and community events attended and to be attended Continuing education events attended and to be attended Mr. Dahle announced in December that there will be a Capital Improvement Advisory meeting, and the impact fee discussion will tentatively be in January. Minutes Planning and Zoning Commission November 15, 2017 Page 2 of 3 7. C. Announcements by City Staff. • City and community events attended and to be attended. • NEW SITE PLAN APPLICATIONS: The following site plans were submitted to the Planning and Zoning Department between September 23, 2017 and November 9, 2017. 1. Tri- County Development Park Lot 19, Block 1 Amending Site Plan- Proposed 3 Overhead Dock Doors 2. Intercoastal Contractors Lot 4 (2,645 Feet east of FM 2252 and FM 482 intersection) Site Plan- 16.26 acres proposed for office / warehouse 3. Intercoastal Contractors Lot 3 (2,645 Feet east of FM 2252 and FM 482 intersection) Site Plan- 8.686 acres proposed for office / warehouse 4. Cal Stone Subdivision Lot 4 (3600 FM 3009, SW side of FM 3009 at the intersection of Green Valley Road) Site Plan- 1.635 acres proposed as a 12,000SF one story medical office 5. Cal Stone Subdivision Lot 3 (3600 FM 3009, SW side of FM 3009 at the intersection of Green Valley Road) Site Plan- 3.770 acres proposed as a 22,944SF, two story medical office Mrs. Gould presented the new +submitted description of each proposed site plan. Minutes Planning and Zoning Commission November 15, 2017 Page 3 of 3 the commissioners a brief Recording Secretary, City of Schertz TO: Planning and Zoning Commission PREPARED BY: Bryce Cox, Senior Planner CASE: ZC2017 -014 — Preston Park - Zoning APPLICATION SUBMITTAL DATE: October 16, 2017 November 29, 2017 December 8, 2017 (Original Application) (Resubmittal) (Resubmittal) PUBLIC NOTICE: Eleven (11) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject properties on November 30, 2017 with a public hearing notice to be published in the "San Antonio Express" prior to the City Council public hearing. At the time of this staff report, staff has received 2 responses and both are in favor of the request. ITEM SUMMARY: The applicant is proposing to rezone approximately 27 acres of land generally located 1,500 feet northeast of the intersection of FM 1518 and IH -10, from Pre - Development District (PDD) to Apartment / Multi - Family Residential (R -4) to allow for future development of multi - family housing. LAND USES AND ZONING: Zoning Land Use Pre- Development District (PRE) Undeveloped Apartments /Multi - Familv Residential (R-41 Multi - Family Adjacent Properties: Zoning North Pre- Development District (PRE) and Planned Development District (PDD) South General Business District (GB) and Pre- Land Use Single Family Residential and Undeveloped T ment (PRE East Development Agreement/Delayed Undeveloped Annexation (DVL) West Right of Wav FM 1518 GENERAL LOCATION AND SITE DESCRIPTION: The subject property is generally located approximately 1,500 feet north of the intersection of FM 1518 and IH -10. A portion of the property is within the floodplain. The subject property is vacant. PROPOSED ZONING: The proposed rezone is for approximately 27 acres of land from Pre - Development District (PDD) to Apartment / Multi - Family Residential (R -4). The applicant has not yet submitted a conceptual plan for the proposed multi - family project. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Comprehensive Land Use Plan (CLOP) through the Future Land Use Plan designates the subject property with the Transition land use characteristic. The objectives for the Transition land use characteristic area is to create an appropriate land use buffer between the highway oriented uses and the Estate neighborhoods. The transition would accommodate smaller scale garden office developments and multi - family residential buildings. • Comprehensive Plan Goals and Objectives: The proposed rezoning is generally in conformance with the goals and objectives of the Comprehensive Plan. Specifically, the proposed rezoning to R -4 provides a buffer between the approved Hallies Cove PDD immediately north of the site and the property south of the subject site that is zoned as General Business along FM 1518. • Impact of Infrastructure: The proposed rezoning should have a minimal impact on the existing water system, additionally should have a minimal impact on the proposed wastewater system due to CCMA's current plans for a South Schertz Plant that would provide sewer service for this general vicinity. • Impact of Public Facilities /Services: The proposed rezoning should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services, because it is consistent with the Comprehensive Plan for this area. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is adjacent to the Hallies Cove subdivision which is a single family residential subdivision immediately to the north. The majority of other properties adjacent to the subject site are vacant and undeveloped. It is the opinion of staff that the requested rezone is compatible with the surrounding properties. STAFF ANALYSIS AND RECOMMENDATION: The proposed R -4 zoning district is in conformance with the Transition land use character designation, which allows for a mix of multi - family residential and garden office uses with design standards that provide a better transition between the Highway Commercial characteristic and the Estate Neighborhood characteristic. Based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, the R -4 District is an appropriate zoning district for this property. Staff recommends approval of the proposed rezoning. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial 2 * While the Commission can impose conditions; conditions 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: Public Hearing Notice Map Aerial Exhibit Public Hearing Notice Responses 3 SCHHEIRTZ, I OCOMMUNITY PPORTUNITY PLANNING & COMMUNITY DEVELOPMENT NOTICE OF PUBLIC HEARING November 30, 2017 Dear Property Owner, The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, December 13, 2017 at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following item: ZC2017 -014 — A request to rezone approximately 27 acres of land from Pre - Development District (PRE) to Apartment /Multi - Family Residential District (R -4) located about 1,500 feet northeast of the intersection of FM 1518 and IH -10. The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing, This form is used to calculate the percentage of landowners that support and oppose the request, You may return the reply form below prior to the first public hearing date by mail or personal delivery to Channary Gould, Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619 -1789, or by e -mail cgould fthertz.com. If you have any questions please feel free to call Channary Gould, Planner directly at (210) 619 -1782, Sincerely, Channary Gould Planner --------------------------- --------- -------------------------------------------------------------------------- - - - - -- --------------- Reply Form I am: in favor of opposed to ❑ neutral to ❑ the request for ZC2017.014 COMMENTS: NAME: (PLEASE PRI STREET ADDRESS: DATE: 1400 Schertz Parkway Schertz, Texas 78154 A 210,619.1000 schortz.cont PLANNING & COMMUN TY DEVELOPMENT NOTICE OF PUBLIC HEARING November 30, 2017 Dear Property Owner, The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, December 13, 2017 at 6 :00 p.m, located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building A, Schertz, Texas to consider and make recommendation on the following item: ZC2017.014 -- A request to rezone approximately 27 Apartment/Multi- Family Residential District (R -4) located and 1H -10. acres of land from Pre - Development District (PRE) to about 1,500 feet northeast of the intersection of FM 1518 The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You may return the reply form below prior to the first public hearing date by mail or personal delivery to Channary Gould, Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619 -1789, or by e -mail caould0scheriz.com. If you have any questions please feel free to call Channary Gould, Planner directly at (210) 619 -1782. Sincerely, Channary Gould Planner Reply Form I am: in favor of . V"I opposed to ❑ neutral to ❑ the request for ZC2017.014 COMMENTS: NAME: SIGNATURE (PLEASE PRINT) STREET ADDRESS: 5C)'tj ,�4 r DATE: l�� t 1400 Schertz Parkway Schertz, Texas 78164 210.619.1000 A. schortz.com Q CD 0 i 0 00 0 0 s Q) 0 a a 0 ADJACENT OWNER INFO O LAND USE: RURAL ZONING: PRE - DEVELOPMENT SUBDIVISION NAME: N/A OWNERS NAME: SAYFI JAMIL A PROPERTY ID: 340048 ADDRESS: 5816 FM 1518 SHERTZ, TX. VOLUME 18057; PAGE 0461; DEED NUMBER 20160169895 O LAND USE: VACANT LAND ZONING: GENERAL BUSINESS SUBDIVISION NAME: N/A OWNERS NAME: NAJDS PROPERTY INVESTMENTS INC. PROPERTY ID: 1103440 ADDRESS: E. I.H. 10 SHERTZ, TX. VOLUME 14293; PAGE 1145; DEED NUMBER 20090240304 O LAND USE: ZONING: PDD SUBDIVISION NAME: N/A OWNERS NAME: TRIPLE H DEVELOPMENT LLC PROPERTY ID: 1256670 ADDRESS: FM 1518 SHERTZ, TX. VOLUME 18123; PAGE 1006; DEED NUMBER 20160194879 O LAND USE: VACANT LAND ZONING: GENERAL BUSINESS SUBDIVISION NAME: N/A OWNERS NAME: 1518 LAND INVESTMENTS LP PROPERTY ID: 339373 ADDRESS: 13085 E. I.H. 10 SHERTZ, TX. VOLUME 14133; PAGE 0194, DEED NUMBER 20090159988 26.39 LAND USE: LAND LAND USE: VACANT LAND ZONING: DEVELOPMENT AGREEMENT (DELAYED ANNEXATION) ZONING: GENERAL BUSINESS SUBDIVISION NAME: N/A SUBDIVISION NAME: N/A O OWNERS NAME: RAWE REAGAN & JAENNE 1 O OWNERS NAME: 1518 LAND INVESTMENTS LP PROPERTY ID: 339790 PROPERTY ID: 339314 ADDRESS: 7993 TRAINER HALE RD. SHERTZ, TX. ADDRESS: FM 1518 SHERTZ, TX. VOLUME 14612; PAGE 1869; DEED NUMBER 20100151282 VOLUME 14133; PAGE 0194, DEED NUMBER 20090159988 LAND USE: LAND LAND USE: VACANT LAND ZONING: DEVELOPMENT AGREEMENT (DELAYED ANNEXATION) ZONING: GENERAL BUSINESS SUBDIVISION NAME: N/A SUBDIVISION NAME: N/A O OWNERS NAME: CANO JULIAN 1 1 OWNERS NAME: 1518 LAND INVESTMENTS LP PROPERTY ID: 339359 PROPERTY ID: 339313 ADDRESS: 13597 E. I.H. 10 SHERTZ, TX. ADDRESS: 6823 E. FM 1518 N. SHERTZ, TX. VOL 18088; PGS 0956 -0960; DEED NO. 20160181640- 20160181641 VOLUME 14133; PAGE 0194, DEED NUMBER 20090159988 LAND USE: RURAL LAND USE: VACANT LAND ZONING: PRE - DEVELOPMENT ZONING: GENERAL BUSINESS O SUBDIVISION NAME: N/A OWNERS NAME: BROWNE LARRY SR & PHYLIS 1 2 SUBDIVISION NAME: N/A OWNERS NAME: 1518 LAND INVESTMENTS LP PROPERTY ID: 340040 PROPERTY ID: 339312 ADDRESS: 13405 E. I.H. 10 SHERTZ, TX. ADDRESS: 6827 E. FM 1518 N. SHERTZ, TX. VOLUME 17660; PAGE 940; DEED NUMBER 20160012552 VOLUME 14133; PAGE 0194, DEED NUMBER 20090159988 LAND USE: RURAL LAND USE: VACANT LAND ZONING: PRE - DEVELOPMENT ZONING: GENERAL BUSINESS O SUBDIVISION NAME: N/A OWNERS NAME: SMITH & SONS ENTERPRISES LLC 13 SUBDIVISION NAME: N/A OWNERS NAME: 1518 LAND INVESTMENTS LP PROPERTY ID: 340042 PROPERTY ID: 339311 ADDRESS: 13375 E. I.H. 10 SHERTZ, TX. ADDRESS: 6831 E. FM 1518 N. SHERTZ, TX. VOLUME 18453; PAGE 713; DEED NUMBER 20170068304 VOLUME 14133; PAGE 0194, DEED NUMBER 20090159988 LAND USE: RURAL LAND USE: VACANT LAND ZONING: PRE - DEVELOPMENT ZONING: GENERAL BUSINESS O SUBDIVISION NAME: N/A OWNERS NAME: SMITH & SONS ENTERPRISES LLC 14 SUBDIVISION NAME: N/A OWNERS NAME: 1518 LAND INVESTMENTS LP PROPERTY ID: 340041 PROPERTY ID: 339310 ADDRESS: 13331 E. I.H. 10 SHERTZ, TX. ADDRESS: 6835 E. FM 1518 N. SHERTZ, TX. VOLUME 18474, PAGE 1932; DEED NUMBER 20170076615 VOLUME 14133; PAGE 0194, DEED NUMBER 20090159988 APPLICANT: DIRT DEALERS XV, LTD. 18618 TUSCANY STONE SUITE 210 SAN ANTONIO, TX 78258 210.496.7775 DEVELOPER: DIRT DEALERS XV, LTD. 18618 TUSCANY STONE SUITE 210 SAN ANTONIO, TX 78258 210.496.7775 SURVEYOR: R.P. SHELLEY (SIGHTLINE SURVEYING) 3407 SADDLE POINT SAN ANTONIO, TX 78259 210.286.9077 (AS PROVIDED BY OWNER) PREPARED: DECEMBER 8, 2017 LOCATION MAP NOT TO SCALE 0 200 400 100 300 GRAPHIC SCALE: 1" = 200' NOTES: 1. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME OF FINAL PLAT. 2. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, LANDSCAPE, DRAINAGE EASEMENT OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF THE OWNER OR OWNER'S SUCCESSORS AND /OR ASSIGNS. 3. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48029CO455G DATED SEPT. 29, 2010, SITE IS WITHIN THE 100 -YEAR FLOODPLAIN. 4. AN ELEVATION CERTIFICATE WILL BE REQUIRED FOR ALL LOTS WITHIN 100' OF THE 100 -YEAR FLOODPLAIN AS PER FIRM MAP 48029CO455G, PANEL 455 OF 785 DATED SEPT. 29, 2010. ZONING TABLE CONDITION ZONING AREA (AC.) EXISTING "PRE" 26.39 PROPOSED "R4" 26.39 LEGAL DESCRIPTION: BEING 26.39 ACRES OF LAND SITUATED IN THE ELIGIO GORTARI SURVEY NO. 2, ABSTRACT NO. 5, COUNTY BLOCK 5193 IN BEXAR COUNTY, TEXAS. 210.860.9224 WWW.BIGREDDOG.COM ENGINEERING CONSULTING 5710 W. HAUSMAN ROAD, SUITE 115 SAN ANTONIO, TEXAS 78249. TEXAS REG. NO. F -11201 TO: Planning and Zoning Commission PREPARED BY: Emily Grobe, Planner CASE: ZC2017 -015 — Revolution Church — Zoning R -1 to NS SUBJECT: Hold a public hearing, consider and make a recommendation to City Council on a proposal to rezone approximately 11 acres of land from Single - Family Residential District (R -1) to Neighborhood Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. GENERAL INFORMATION: Owner: Lillian Froboese Metzger ETAL Applicant: Big Red Dog, Inc. / Stephen S Lin APPLICATION SUBMITTAL DATE: October 23, 2017 (Original Application) November 6, 2017 (Revised Application) PUBLIC NOTICE: Twenty One (21) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject properties on November 28, 2017 with a public hearing notice to be published in the "San Antonio Express" prior to the City Council public hearing. At the time of this staff report, staff has received four (4) responses in favor, one (1) opposed and zero (0) neutral to. ITEM SUMMARY: The applicant is proposing to rezone approximately 11 acres of land generally located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road, from Single - Family Residential District (R -1) to Neighborhood Services District (NS). The applicant has submitted a letter of intent which indicates a proposed development of a church. LAND USES AND ZONING: Zoning Land Use Single- Family Residential District (R -1) Single Family Residential d Neiahborhood Services District (NS) Proposed Church Adjacent P Zoning North Public Use (PUB) & Neighborhood Services Land Use Vacant / Park & Car Wash South Single- Family Residential District (R -1) Single Fami East Right -of -Way FM 3009 West Sinale - Family Residential (R -6) Sinale Fami Residential Residential GENERAL LOCATION AND SITE DESCRIPTION: The subject area is generally located 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. The Subject property extends approximately 900 feet from FM 3009. The subject property consists of an existing home and undeveloped land. PROPOSED ZONING: The proposed rezone is for approximately 11 acres of land from Single - Family Residential District (R -1) to Neighborhood Services District (NS). CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Comprehensive Land Use Plan (CLOP) through the Future Land Use Plan designates the subject property as Single - Family Residential. The objectives for Single Family Residential is to encourage a mix of residential uses as well as limited commercial development to support the daily activities of the development. • Comprehensive Plan Goals and Objectives: The proposed rezoning is generally in conformance with the goals and objectives of the Comprehensive Plan. Specifically, the Single - Family Residential designation on the Future Land Use Plan allows for limited commercial development. The Neighborhood Services zoning district would allow for the limited commercial uses desired by the Future Land Use Plan and Comprehensive Land Plan. • Impact of Infrastructure: The proposed rezoning should have a minimal impact on the existing water and wastewater systems due to only two lots being undeveloped. • Impact of Public Facilities /Services: The proposed rezoning should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is generally surrounded by single family land uses and lower intensity commercial. It is staff's opinion the requested rezone is compatible with surrounding properties. V-11 i '►N C •1111 ►�_ M The applicant is requesting to rezone the property from Single - Family Residential District (R -1) to Neighborhood Services District (NS). The Comprehensive Land Use Plan section which reviews this portion of central Schertz was adopted in 2002, at that time the subject property was zoned for single - family residential uses. The 2013 Schertz Sector Plan amendment to the Comprehensive Land Use Plan focused on the northern and southern areas of Schertz and did not examine central, where the subject property is located. Since the Schertz Sector Plan amendment did not review this area, the subject property is still identified as Single - Family Residential desired property. However, the existing zoning and land uses adjacent to the subject property are Neighborhood Services, and General Business which are identified on the Future Land Use Plan as being Single- Family Residential. With the subject property adjacent to FM 3009 and adjacent to commercial development a zone change to Neighborhood Services is appropriate. The Comprehensive Land Use Plan describes Single Family Residential as a mix of residential uses as well as limited commercial development to support the daily activities of development. Neighborhood Services District would be considered a commercial classification that would allow for lower intensity commercial development. Neighborhood Services District is the zoning classification that has been assigned to proposed commercial development adjacent to single family residential in previous years. Based on land use compatibility with the surrounding single - family residential and the Comprehensive Land Use Plan stating that the Single Family Residential classification allows for limited commercial development, 2 the request to rezone to Neighborhood Services (NS) is an appropriate zoning district supported by the Comprehensive Land Use Plan and its goals and objectives. In keeping with the commercially desired land use described in the Comprehensive Land Use Plan, Neighborhood Services would allow for limited retail and services that would be more appropriate and compatible with the single - family residential used and zoned property in the proximity than a more intensive commercial zoning district such as General Business. Additionally, the proposed rezone would extend the already existing zoned Neighborhood Services district. The proposed zoning of Neighborhood Services would provide for commercial uses that are appropriate and compatible with the adjacent residential and commercial properties. Additionally, Neighborhood Service provides the opportunity for limited service and retail uses to more conveniently accommodate the needs of the nearby residential uses. Staff recommends approval of the proposed rezoning as submitted. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions 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: Public Hearing Notice Map Aerial Exhibit Public Hearing Notice Responses 3 �� , i�� : �, ��t��i�I�I� �� . �� ' �� ,.�, �a, .�� ° Mm. q�� =�� ,i 1 . ��:�� \•�'• p i v 0 z 0 Q cn D X -L c OWNER: LILLIAN FROBOESE METZGER DORIS STACY JACK K. STACY CHARLENE FROBOESE SMOOT NORMAN FROBOESE 8165 GARDEN OAKS DR. SAN ANTONIO, TX 78266 (210) 445 -1008 CONTACT: LILLIAN METZGER APPLICANT/ REVOLUTION CHURCH 17460 IH 35 NORTH, SUITE 430 #307 AGENT: SCHERTZ, TX 78154 (210) 679 -1001 CONTACT: ZAKRY WHITE ENGINEER: BIG RED DOG ENGINEERING & CONSULTANTING 2500 SUMMER STREET, SUITE 2100 HOUSTON, TX 77007 (832) 730 -1901 CONTACT: DUSTIN A. HANNAH, P.E. \'I--- 35 [009 P \�� s � o 31 �P Q)�� VICINTY MAP NOT TO SCALE ZONING PROPERTY INFORMATION: EXISITNG ZONING: 10.689 ACRES - RESIDENTIAL (R1) PROPOSED ZONING: 10.689 ACRES - NEIGHBORHOOD SERVICES (NS) k� l BOUNDARY / RIGHT OF WAY 200' NOTIFICATION LINE xxxx CONTOUR (GRADE) ELEV. RESIDENTIAL. ZONING — GB & R1 TEXAS SHINE SUBDIVISION RIPPS EDWIN WILLIAM JR ETAL, #70506 FM 3009 SCHERTZ, TX 78154 VOL. 2969, PG. 150 CREST OAK LANE (50' R.O.W.) OAK FOREST PARK ZONING — PUB CITY OF SCHERTZ, #68346 FM3009/ROY RICHARD DRIVE VOL. 923, PG. 485 OO 0 w ry C7 m 1 1 d- N N rn co 00 6 N sm im k W, uj N zC;X ou ow z:2N � 0w uj z X �Li (D o Z o w � "' o 0 z Q zl PRELIMINARY OT FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. PREPARED UNDER THE SUPERVISION OF DUSTIN A. HANNAH, P.E. #101103 ON r) Q w 1--q Lo _1 LL's T--I �J F-- oc) u U w Q Z 0 w 0 E- 06 N J o °C w 0 o U W L U z O w Y O O r w 1- �-, w O w z r w 0 cn z O Y O O r Y U J m rs� z w 0 w w_ LLJ cr- w U O o cr- o m l:l :l EXHIBIT H m X w z O N 0 0 o_ O U W O cr- a 0 cr- m 4 � i r t!Y Y �031-ft"JEWMISLIVE The Schertz Planning and Zoning Commission will conduct a public hearing on -Wednesday, December 13, 201 at 00 p.m. located at the Municipal Complex Council Chambers, 1400 Schdrk P6464 Iluilding 94, Schertz, Texas We r t - • ® r r- r� r r r � r - t • • .Er -r - � r t.- r r r -. r i •o t ,, , . . t. ,r• r rr • rt t rrrr - -► - r `r t t- r r•♦ i ra Rim o Ma r r.. r r a- e r • rr- r • � t . r t .• . •. .. i tr• a t - � w • +� ...:, . .�._., ,,, -.,-., �,_....+a... +mrr $.,.�,. 6«'rs� r v v.- r•• b+, 8°*'"�'trc*` {j{ a,/.6. y{ �:�-�s .�'t:T�^c'�(�✓°6{ �.. DATE, 'JA ' 1400 Schertz Parhvay :' Schertz, Texas 78164 210.619,1000 .,r., s 1 _. 0 r, i 0 51 utlan't � " �10111'uy Nolls"I M� 9��Hffio November 28, 2017 Dear Property Owner, �Nwpinl The Schertz Planning and Zoning Commission will conduct a public hearing on WednesdayDece-m-b-e-r-1-3,-20-17 at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building V4, Schertz, Texas to consider and make recommendation on the following item: ZC2017-015 -A request to rezone approximately 11. acres of. land from .Single- Family Residential District (R-1) to Neighborhood Services District (NS) located approximately 170 feet- southeast of the intersection of FIVI 3009 and Wiederstein Road. The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You may return the reply form below prior to the first public hearing date by mail or personal delivery to Emily Grobe, Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail eqrobe�schertz,com. If you have any questions please feel free to call Emily Grobe, Planner directly at (210) 619-1784, Sincerely, Emily Grob, Planner I am: in favor of a/ opposed to ❑ Reply Form neutral to ❑ the request for ZC2017-015 COMMENTS: c. NAME: SIGNATURE (PLEASE PRINT) STREETAIDDRESS: U-4 4- DATE; 14 - 1400 schertz Parkway Scher, Texas 78164 210,619,1000 -P in ■ November 28, 2017 Dear Property Owner, The Schertz Planning and Zoning Commission will conduct a public hearing on dr LsdgyDwember J32017 at 6.00p.m. located at the MuniGipaf Complex Council Chambers, 1400 Schertz Parkway, Building A, Schertz, Texas to consider -and snake recommendation an the following -item: ZC2017-015 - A request to rezone approximately* 11 acres of land from Single- Family Residential District (R-1) to Neighborhood. Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percerdege of landownefs that support and oppose the requa�t. You may return the reply form below prior to the first public hearing date by mail or personal delivery to Emily Grobe, Planner, 1400 Schertz Parkway, 'Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail if you have any questions please feel free to calf Emily Grobe, Planner directly at (210) 619-1784, COMMENTS: MME neutral to 11 the request for ZC201 I.m NAME', Z�� Znk/u, A-,P) J)n (9 z;,Ij SIGNATURE �PLEASE PRINT) STREET ADDRESS:. I -"30aq, DATE: 6-2012 1400 Sdert7 Pmkway Schert4 TeXa� 78154 .% - I MAIM= .'. ,,..:.._.;.s; - 1 -, " COMMUN)TY SERVICE SCHIE111,17 OPPORTUNITY NOTICE OF PUBLIC HEARING November 28,2017 & CONAINAU411—Y The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing This forsm, Is used to calculate the percentaste of landowneem that support and oppose the request. You. may return the reply form below prior to the first public hearing date by mail or personal deliver to Emily grebe, Planner, 1400 Schertz Parkway, Schertz, Texas 781541 byfax (2 0j 619-1789, or by e-mail e "obe _schertzqgm, If you hwie any q. uestions please fee.] free to call Emily Grobe, Planner directly at (210)619-17K 2= neutral to L1 the requ est for ZC2017-015 NAME: % S 0, C'_1 SIGNA LEASE PRINT) STREET ADDRESS: 45 / 3_1 'FlYlt DATE: C 1 400 Schertz Parkway Soberiz, Texas W3154 I 21OX19,10GO I am: in favor of ❑ COMMENTS: Reply Form neutral to ❑ the request for ZC2017-015 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 TO: Planning and Zoning Commission PREPARED BY: Emily Grobe, Planner CASE: ZC2017 -017 — UDC Amendment to Article 10, Section 21.10.4 Schedule of Off - Street Parking Requirements SUBJECT: Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 10, Section 21.10.4 Schedule of Off- Street Parking Requirements. GENERAL INFORMATION: As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development it has becomes necessary to update the UDC. Over the last year Planning staff has reviewed Section 21.10.4 in great detail to see if the City of Schertz parking requirements were in line with the established target cities, (including San Marcos, Frisco, Georgetown, and Round Rock), and Parking Standards as established by the American Planning Association. During this evaluation staff also reviewed the current parking table and the current permitted use table to look for inconsistences. Throughout this assessment it was determined that an update to UDC Section 21.10.4 was needed in order to be more consistent with current practices. This amendment was drafted by Planning Staff. PROPOSED AMENDMENTS: The proposed UDC Amendments include changes to the following Use Types listed within Section 21.10.4 Schedule of Off- Street Parking Requirements: • Amusement, Commercial (Indoor) o Proposed change to 1 space for each 200sf of Gross Floor Area (GFA) • Bed and Breakfast o Word change from "Rented" to "Guest" • Bus Depot o Proposed removal from table • Car Wash o New addition, use type not currently listed on table. Proposed as 1 space for each 200 sgft of floor area • Convalescent Home, Group Home, Home for the Aged o Use Type Name Change. Proposed Change to "Assisted Care, Living Facility, Care Facility • Dance, Assembly and Exhibition Halls Without Fixed Seats o Proposed removal of use type category and combine with "Theater, Auditoriums, Churches, Assembly Halls..." • Fitness Center / Gym o New addition, use type not currently listed on table. Proposed as 1 space for each 250 sgft of G FA • Convenience Store / Gas Station o New addition, use type not currently listed on table. Proposed as 1 space for each 250 sgft of GFA. Spaces provided for fueling at the pump stations shall not be considered parking spaces. • Libraries, Laboratories and Student Centers o Proposed removal from table • Lodging, Houses and Boarding Houses o Proposed change to 1 parking space for each bedroom • Mini warehouse o Use Type Name Change. Proposed Change to "Mini- Warehouse / Public Storage" • Multifamily, Duplex, Two - Family, Condominium of Other Similar Use o Proposed change to 1.5 spaces per 1 bedroom unit, 2 spaces per 2 bedroom unit, 2.5 spaces per 3+ bedroom unit, Plus additional guest parking provided at a ratio of 5% of required spaces • Nursery o New addition, use type not currently listed on table. Proposed as 1 space per 300 square feet of total sales area. Wholesale nursery: 1 parking space per employee of the largest work shift, plus 1 space per 10,000 square feet of display area and 1 space per acre of growing areas • Outdoor Facilities (Outdoor Recreational Fields ie Football, Soccer, etc.) o New addition, use type not currently listed on table. Proposed as 20 spaces per designated field or 1 per 4 person design capacity • Public Use o New addition, use type not currently listed on table. Proposed as Parking shall be provided at a ratio approved by City staff based on a parking study provided by the applicant • Personal Service Shop o Proposed removal from table, utilize "Retail Sales and Service" • Residential Care Facility o Proposed removal from table, utilize "Assisted Care / Living Facility / Care Facility" • School, All other Schools o Proposed removal from table, combine all school categories into one • School, High School and Vocational o Proposed removal from table, combine all school categories into one • School, High School, Vocational, All other Schools o Proposed change to combine all school use types into one • Shopping Center or Mall o Proposed removal from table • Theaters, Auditoriums, Chruches, Assembly Halls, Sports Arenas, Stadiums, Conference Center, Convention Center, Or Other Place of Public Assembly o Proposed Change to include "Dance Hall, Exhibition Halls" into this category • Vehicle Sales or Rental o Proposed use type name change to "Automobile Sales or Rental" • Vehicle Service Repair, Garage o Proposed use type name change to "Automobile Service Repair, Garage" • Warehouse o Proposed Change to remove 1 space for each 2 employees" and "whichever is greater" to just read as : 1 space for each 1,OOOsgft of total floor area" Additionally, staff is proposing an amendment to Section 21.10.4.8 New and Unlisted Uses. Currently this section allows for land uses that are not specifically identified on the parking table (21.10.4.A) to utilize the use type most closely related. While reviewing the target cities staff discovered that most allow for the applicant, if a land use is not specifically listed, to provide a parking ratio that they feel is appropriate using a credited source to provide justification. This ratio is then reviewed by the City Manager or his /her designee to determine if the proposed ratio is appropriate. If it is deemed appropriate than the applicant is allowed to use those parking calculations. Staff feels that using this approach allows for some flexibility when an uncommon land use is proposed rather than trying to evaluate based on a varying use type. Staff is proposing the following change to section 21.10.4.13 When a proposed land use is not classified in this section or a single use which have varying parking needs depending on the function of that specific single use, an applicant may submit a parking ratio based on best / current planning and transportation practices. 1. A best/ current parking ratio application should include the following: a. An application shall fully cite the sources used to derive the applicant- submitted parking ratio, possible resources include parking standards material from the Institute of Transportation Engineers (ITE) or the American Planning Association (APA). b. The City Manager or his /her designee shall review the applicant submitted parking ratio to confirm best / current planning practices for a use. c. The City Manager or his /her designee shall approve, modify, or deny the applicant submitted parking ratio. 2. Parking ratio determination where no application is submitted a. If the applicant does not submit a parking ratio, then the City Manager or his /her designee shall determine the parking ratio based on the best / current planning and transportation practices. STAFF RECOMMENDATION: Based on review of identified target cities, best practices manuals distributed by the American Planning Association, and reviewing current code, and current developments, staff recommends approval of the amendments to the Unified Development Code (UDC), Article 10, Section 21.10.4 Schedule of Off- Street Parking Requirements. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission in making a recommendation to City Council on the proposed Unified Development Code Amendment. In considering action on a UDC Amendment, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachments: Section 21.10.4, currently adopted language (appearing in black), Proposed deletion of current language (appearing in red line mark through), Proposed addition (appearing in red text) Sec. 21.10.4 Schedule of Off - Street Parking Requirements A. Off- street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for the uses specified in the districts designated: Use Type Amusement, Commercial (Indoor) Amusement, Commercial (Outdoor) Bank, Savings And Loan, Or Other Financial Institution Bar Or Night Club Bed And Breakfast Parking Requirement 10 spaces, plus 1 space for each 100 square feet of total floor area over 1,000 square feet 1 space per 500 square feet of outdoor site area plus I space per each 4 fixed spectator seats 1 space for each 250 square feet of gross floor area 1 space for each 50 square feet of gross floor area 1 space for each ferAed guest room plus 1 space per Proposed Update J Comment I space for each 200 square feet of gross floor area Bowling Alley 5 parking spaces for each lane I ays-- epat I Flotcntial to remove pail too t t cr Car Wash l space for each 200 Square feet of floor area 7 - � 3m ri't -,._ aye >,a Assisted Care, Living Facility, Care Facility ne n em b b..n PA Fi *e f'e.,4., Day Care Center Fitness Center / Cyrn Convenience Store i Cads Station 1 parking space for each 2 beds 1 space per 250 square feet of gross floor area Group Home 1 4 spaces Combine with Theaat r- provided for fueling at the pump stations shall not be considered parking Hospital 1 parking space for each bed Hotel Or Motel 1 space for each sleeping room or suite plus 1 space for every 200 square feet of common area not designated as sleeping rooms ri s .. to is d - s ace-,, 1 r Removing all together. 2t a apt- ,, e t r s ea-eh--30 � -f e- -4-fi d r °a Lodging Houses And 1 space per each two (2) 1 parking space for each Boarding Houses persons capacity of overnight bedroom sleeping facilities Manufacturing, Processing 1 space for each 2 employees Or Repairing or 1 space for each 1,000 square feet of total floor area, whichever is greater Medical Or Dental Clinic 1 space for each 200 square feet of total floor area Mini e warehouse / Public 1 space for each 300 square Storage feet of office floor area plus 1 space for each 3,000 square feet of storage area Mortuary /Funeral Home 1 parking space for each 50 square feet of floor space in service rooms or 1 space for each 3 seats, whichever is less based on maximum design capacity) Multifamily, Duplex, Two- 1.5 spaces per bedroom 1.5 spaces per 1 bedroom unit Family, Condominium Or 2 spaces per 2 bedroom unit Other Similar Use 2,5 spaces per 3 -q- bedroom unit Iglus additional guest parking provided at as. ratio of 5% of required spaces Nursery l space per 300 square 1l;et o1` total sales area Wholesale nursery: l parking space, per employee of the largest work shift, plus I space per 101,000 square feet of display area and 1 space per acre of growing areas Offices 1 space for each 250 square feet of gross floor area Outdoor Facilities (Outdoor 20 spaces per designated Feld or Recreational Fields i.e. l per 4 person design capaacity. Football, Soccer, etc.) Residence Halls, Fraternity I space per person capacity of Buildings And Sorority � permanent sleeping facilities 4 Rcniovc all togcthcr and UdIiZC pe+sf�-s "Assisted Care / Living Facifity Care Facility Restaurants I parking space for each 100 square feet of gross floor area, or I space for each 4 seats, whichever is less (based on maximum design capacity) Retail Sales And Service I space for each 250 square feet of gross floor area �s 4444ye,4ki44e �,,' �, , a Combine tojusi. be one for a�l schools prov- o4e-&bt-t Seht*s4-,Hig,h-Se4o47A-nJ s l be isle ,4-* Combine to just, be one for all VeeatiOR14 schools pf i ng School, High School, Parking shall be provided at a Vocational, All Other Schools ratio approved by City staff based on a parking study provided by the applicant that shall include vehicle stacking Al I 4--s- — 44-tiw4i-150--sq �— I Rernove all together Single Family Attached And Detached Dwelling Units 2 parking spaces per dwelling unit Theaters, Auditoriums, I space for each 4 seats or I Churches, Assembly Halls, space for every 100 square Sports Arenas, Stadiums, feet of gross floor area, Conference Center, whichever is less (based on Convention Center, Dance maximum design capacity) .7 11 Hall, Exhibition Halls, Or Other Place Of Public Ve4ieka Automobile Sales Or I space for each 3,000 square Rental feet of sales area (open and enclosed) devoted to the sale, display or rental of vehicles -Ve e AL110mobile -Service, I space for each 200 square Repair, Garage feet of total floor area Warehouse 4-,slittec-4) reas,,-h-2-e mMeyece-,"i of I space for each 1,000 square feet of total floor area- B. New and Unlisted Uses W-hen-a-pff wi-14-k- -of-4+ 'ti her-de-signee- When a proposed land use is not classified in this section or a single use which have varying parking needs depending on the function of that specific single use, an applicant may submit a. parking ratio based on best / current planning and transportation practices. 1 A best/ current parking ratio application should include the following, a. An application sliall fully cite the sources used to derive the applicant- submitted parking ratio, possible resources include parking standards material from the Institute of Transportation Engineers (FFE) or the AniericariNaDning Association (AP Al. b. The City Manager or his/her designee shall review the applicarft submitted parking ratio to confirm best / current planning practices for a LISe. c. The City Manager or his/her designee shall approve, modify, or deny the applicant submitted parking ratio. 4. Parking ratio determination where no application is submitted a. If the applicant does not subrint a parking ratio, then the City Manager or his/her designee shall determine the parking ratio based on the best / current planning and transportation practices, TO: Planning and Zoning Commission PREPARED BY: Emily Grobe, Planner CASE: ZC2017 -018 — Various UDC Article Amendments to Update "Director of Development Services" and to remove "Development Services Department" SUBJECT: Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), update "Director of Development Services" and to remove "Development Services Department ". As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development it has becomes necessary to update the UDC. This amendment was drafted by Planning Staff and reviewed by the City Attorney (Daniel Santee, Denton Navarro Rocha Bernal & Zech). In January 2016, the City went through the department name change process to rename "Development Services Department" to "Planning & Community Development Department ". With this change the "Director of Development Services" position was eliminated and the current "Director of Planning & Community Development" was created. Although this name change was previously completed the Unified Development Code was not updated at that time to alter the current callouts for "Director of Development Services" and "Development Services Department Development Manual ". This proposed amendment would alter the callouts for "Director of Development Services" & "Development Services Department Development Manual" within the UDC to more appropriate callouts. Text amendments to the following sections to alter the deciding staff member: • Section 21.4.16.13 text amendment to alter "Director of Development Services" to "City Manager" • Section 21.4.16.C.1 text amendment to alter "Director of Development Services" to "City Manager" • Section 21.4.16.C.2 text amendment to alter "Director of Development Services" to "City Manager" • Section 21.4.16.D text amendment to alter "Director of Development Services" to "City Manager' • Section 21.8.3.A.6 text amendment to alter "Director of Development Services" to "City Manager' • Section 21.8.3.6.5 text amendment to alter "Director of Development Services" to "City Manager' • Section 21.8.4.C.3.a text amendment to alter "Director of Development Services" to "City Manager' • Section 21.8.C.3.b text amendment to alter "Director of Development Services" to "City Manager' • Section 21.8.4.C.3.f.iii text amendment to alter "Director of Development Services" to "City Manager' • Section 21.8.6.C.9 text amendment to alter "Director of Development Services" to "City Manager" • Section 21.8.7.A text amendment to alter "Director of Development Services" to "City Manager" • Section 21.8.7.6 text amendment to alter "Director of Development Services" to "City Manager' • Section 21.9.7.C.9 text amendment to alter "Director of Development Services" to "City Manager' • Section 21.16 Definition remove the definition for "Director of Development Services" • Text amendments to the following sections to alter the naming convention of the "Development Services Department Development Manual" • Section 21.4.8.6.1 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.4.10.6.1 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.4.12.6 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.5.4.6.1 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.5.10.6.1 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.5.11.6.1 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.5.12.C.1 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.5.13.C.1 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.9.12.6 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.9.12.D text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.12.6.6.1 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.12.7.13 text amendment to alter "Development Services Department Development Manual" to " Development Manual" 2 • Section 21.12.8.6.1 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.12.9.6 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.12.10.6.1 text amendment to alter "Development Services Department Development Manual" to " Development Manual" • Section 21.12.11.6 text amendment to alter " "Development Services Department Development Manual" to " Development Manual' • Section 21.12.12.6 text amendment to alter "Development Services Department Development Manual' to " Development Manual " • Section 21.12.13.6 text amendment to alter "Development Services Department Development Manual' to " Development Manual' • Section 21.14.7.A text amendment to alter "Development Services Department Development Manual' to " Development Manual' STAFF RECOMMENDATION: The UDC currently reflects a director position and development manual that no longer exists as it is presented. The proposed changes would correct the wording to remove the "Director of Development Services" and "Development Services Department Manual" to the correct staff member / manual. Additionally, the proposed change to "City Manager" which is followed by "or his /her designee" allows for the City Manager to appoint a list of appropriate staff members to handle individual situations. Meaning that the City Manager can establish not only a Director but possibly an Assistant Director, Manager, or other member of City staffs leadership team to be responsible for various items. This could assist with City staffs customer service by allowing another designated staff member to assist in a situation at that specific time rather than having to wait for the Director or first listed staff member to be available. Staff recommends approval of the amendments to the Unified Development Code (UDC), Article 4, 5, 8, 9, 12, 14, & 16. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission in making a recommendation to City Council on the proposed Unified Development Code Amendment. In considering action on a UDC Amendment, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachments: Currently adopted with Red Lines — Various UDC Code Sections for the Proposed Updates Proposed — Various UDC Code Sections for the Proposed Updates Red Line Exhibit: Proposed UDC Changes to Update "Director of Development Services ": Sec. 21.4.16.B Application Requirements. Any request for a building permit shall be accompanied by an application prepared in accordance with requirements of the building inspections division. The Dir tef- �h p Dery c Cit Manner or his /her designee shall be responsible for determining the form and content of the building permit application. Sec. 21.4.1.6.C.1 Submittal Sec. 21.4.16.C.2 Decision by the - o�cv srg �� Cit Mana er The i . City Manager or his /her designee may approve, approve with conditions, or deny the building permit. Sec. 21.4.16.1) Criteria for Approval. The Difee4o+ --& Development-S fviees -Cit Mana er or his /her designee shall apply the following criteria in deciding the application for a building permit: Sec. 21.8.3.A.6 Carports shall be structurally sound, as determined by the D eetef- e��Fti e Cit aLna or his /her designee. Sec. 21.8.3.B.5 The carport shall be structurally sound as determined by the ireete „ �� 9 ^ ^ _City �Mana er or his /her designee. Sec. 21.8.4.C.3.a Applicant shall apply to the City's f?4eetef—( e p t e�Cif ana er or his/her designee for a home occupation permit. Sec. 21.8.4.C.3.b The Dieter -( 7- �e1 ��City Manager or his /her designee may issue the permit if the home occupation meets all the requirements established in Paragraph B. E Sec. 21.8.4.C.3.f.iii. Inspection. The City Manager -or his/her designee is authorized to periodically enter the premises to ensure full compliance with these requirements. Sec. 21.8.6.C.9 Building Codes, Zoning and Safety Standards. To ensure the structural integrity of Antenna Facilities, the owner of an Antenna Facility must ensure that it is maintained in compliance with all provisions of the City's building code and zoning regulations. If, upon inspection by the City Engineer or his designee, the City concludes that an Antenna Facility fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then upon written notice to the owner of the Antenna Facility, the owner shall have thirty (30) days to bring such tower into compliance with applicable standards. Failure to bring such tower into compliance shall constitute grounds for the removal of the Antenna Facility by the owner and at the owner's expense. This notice requirement shall not preclude immediate action by the Di : City Manager -or his /her designee as allowed by law if public safety requires such action. Sec. 21.8.7.A A temporary structure may not be brought on -site until a building permit for the construction or refurbishing of the permanent structure has been issued by the Dtif nor ox ev � S is City Manager or his /her designee. All temporary manufactured structures shall be required to comply with the following. Sec. 21.8.7.8 or his/her designee. Sec. 21.9.7.C.9 Vegetation other than approved grasses or ground cover under six inches (6 ") in height is prohibited in any City right -of.- -way unless specifically authorized in writing by the Difeete 44)eve ^pf °nt cow City - Manager or his /her designee, after consultation with the Director of Public Works or his/her designee. Proposed UDC Changes to Remove the Article 16 Definition of Director of Development Services 5 Proposed UDC Changes to Update "Development Services Department Development Manual ": Sec. 21.4.8.B.1 Application Required. A request for annexation shall be accompanied by an application prepared in accordance with the Developffwfft,Sefviees44epaftffwn-t-Development Manual. Sec. 21.4.10.13.1 Application Required. Any application for a Development Agreement shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.4.12.E Application Requirements. Any request for a variance shall be accompanied by an application prepared in accordance with the Devel w—+i -SerA es 4e "#i -nt Development Manual. Sec. 21.5.4.13.1. Application Required. Any request for a zoning change or zoning map amendment shall be accompanied by an application and zoning exhibit prepared in accordance with the , 4 Development Manual. Sec. 21.5.10.13.1 Application Required. Any request for a :PDD shall be accompanied by an application prepared in accordance with the D Development Manual. Sec. 21.5.11.B.1 Application Required. Any request for a Specific Use Permit (SUP) shall be accompanied by an application and SUP exhibit prepared in accordance with the Devil ent fviee e Development Manual. Sec. 21.5.1.2.C.I Application Required. Any request for an AC District shall be accompanied by an application prepared in accordance with the Dev pn t v e efi Development Manual. Sec. 21.5.13.C.1 Application Required. Any request for an EN District shall be accompanied by an application prepared in accordance with the D vel -ik-ReLbt Se ��Development Manual. no Sec. 21.9.12.13 Application Requirements. Any request for Site Plan approval shall be accompanied by an application prepared in accordance with the Deve4opw&*t-Sefviees-44epaftnw-n-t-Development Manual. Sec. 21.9.12.1) Contents of a Site Plan. An application for a Site Plan shall include the information required by the Develepment-Sefv4ee--, Depa#ffwat-Development Manual. Sec. 21.12.6.13.1 Application Required. Any request for a Subdivision Master Plan shall be accompanied by an application prepared in accordance with the �p Development Manual. Sec. 21.12.7.13 Submittal Requirements for Preliminary Plat An application for a preliminary plat shall include the information required by the DeveIepment SepAees44epaftifl ent-Development Manual. Sec. 21.12.8.13.1 Application Required. Any request for a Preliminary Plat shall be accompanied by an application prepared in accordance with the amt Development Manual. Sec. 21.12.9.13 Submittal Requirements for Final Plat. An application for a final plat shall include the information required by the DevekTnw*t-SeFviees Dep Development Manual. Sec. 21.12.10.13.1 Application Required. Any request for a Final Plat shall be accompanied by an application prepared in accordance with the Develepment-Sefv�c �s��Development Manual. Sec. 21.12.11.13 Application Requirements. Any request for a minor plat shall be accompanied by an application prepared in accordance with the Developinent—Sefviees44epaftniePA-Development Manual. Sec. 21.12.12.13 Application Requirements. Any request for an amending plat shall be accompanied by an application prepared in accordance with the Developnient-Sefv4ees44ep-ak a s:�Development Manual. 7 Sec. 21.12.13.13 Application Requirements Any request for a replat shall be accompanied by an application prepared in accordance with the , Development Manual. Sec. 21.14.7.A Application Requirements. Every application for development within the City or its ETJ shall be accompanied by a Traffic Impact Analysis TIA Determination Form provided in the Development Manual. The TIA Determination Form shall be utilized to determine if a TIA is required M Proposed Clean UDC Language Proposed UDC Changes to Update "Director of Development Services ": Sec. 21.4.16.13 Application Requirements. Any request for a building permit shall be accompanied by an application prepared in accordance with requirements of the building inspections division. The City Manager or his /her designee shall be responsible for determining the form and content of the building permit application. Sec. 21.4.16.C.1 Submittal. An application for a building permit shall be submitted to the Building Inspections Division. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his /her designee shall review the permit for compliance with all adopted building codes and regulations and shall provide written notification of any items requiring correction or attention within forty -five (45) days after submittal of a complete application. Sec. 21.4.16.C.2 Decision by the City Manager. The City Manager or his /her designee may approve, approve with conditions, or deny the building permit. Sec. 21.4.1.6.D Criteria for Approval. The City Manager or his /her designee shall apply the following criteria in deciding the application for a building permit: Sec. 21.8.3.A.6 Carports shall be structurally sound, as determined by the City Manager or his /her designee. Sec. 21.8.3.B.5 The carport shall be structurally sound as determined by the City Manager or his /her designee. Sec. 21.8.4.C.3.a Applicant shall apply to the City's City Manager or his /her designee for a home occupation permit. Sec. 21.8.4.C.3.b The City Manager or his /her designee may issue the permit if the home occupation meets all the requirements established in :Paragraph B. Sec. 21.8.4.C.3.f.iii Inspection. The City Manager or his /her designee is authorized to periodically enter the premises to ensure full compliance with these requirements. Sec. 21.8.6.C.9 Building Codes, Zoning and Safety Standards. I To ensure the structural integrity of Antenna Facilities, the owner of an Antenna Facility must ensure that it is maintained in compliance with all provisions of the City's building code and zoning regulations. If, upon inspection by the City Engineer or his designee, the City concludes that an Antenna Facility fails to comply with such codes and regulations and /or constitutes a danger to persons or property, then upon written notice to the owner of the Antenna Facility, the owner shall have thirty (30) days to bring such tower into compliance with applicable standards. Failure to bring such tower into compliance shall constitute grounds for the removal of the Antenna Facility by the owner and at the owner's expense. This notice requirement shall not preclude immediate action by the City Manager or his /her designee as allowed by law if public safety requires such action. Sec. 21.8.7.A A temporary structure may not be brought on -site until a building permit for the construction or refurbishing of the permanent structure has been issued by the City Manager or his/her designee. All temporary manufactured structures shall be required to comply with the following. Sec. 21.8.7.13 Temporary Construction. Buildings: Temporary building and material storage areas to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the City Manager or his /her designee for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the City Manager or his /her designee. Sec. 21.9.7.C.9 Vegetation other than approved grasses or ground cover under six inches (6 ") in height is prohibited in any City right -of -way unless specifically authorized in writing by the City Manager or his/her designee, after consultation with the Director of Public Works or his /her designee. Proposed UDC Changes to Remove the Article 16 Definition of Director of Development Services Proposed UDC Changes to Update "Development Services Department Development Manual ": Sec. 21.4.8.13.1 Application :Required. A request for annexation shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.4.1 O.B.I. Application Required. Any application for a Development Agreement shall be accompanied by an application prepared in accordance with the Development Manual. 10 Sec. 21.4.12.13 Application Requirements. Any request for a variance shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.5.4.13.1 Application Required. Any request for a zoning change or zoning map amendment shall be accompanied by an application and zoning exhibit prepared in accordance with the Development Manual. Sec. 21.5.10.13.1 Application Required. Any request for a :PDD shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.5.11.B.1 Application Required. Any request for a Specific Use Permit (SUP) shall be accompanied by an application and SUP exhibit prepared in accordance with the Development Manual. Sec. 21.5.1.2.C.I Application Required. Any request for an AC District shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.5.13.C.1 Application Required. Any request for an EN District shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.9.12.13 Application Requirements. Any request for Site :Plan approval shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.9.12.D Contents of a Site Plan. An application for a Site Plan shall include the information required by the Development Manual. Sec. 21.12.6.13.1 Application Required. Any request for a Subdivision Master Plan shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.1.2.7.13 Submittal Requirements for Preliminary Plat An application for a preliminary plat shall include the information required by the Development Manual. 11 Sec. 21.12.8.13.1 Application Required. Any request for a Preliminary Plat shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.1.2.9.13 Submittal Requirements for Final Plat. An application for a final plat shall include the information required by the Development Manual. Sec. 21.1.2.10.13.1 Application Required. Any request for a Final Plat shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.12.11.13 Application Requirements. Any request for a minor plat shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.12.1.2.13 Application Requirements. Any request for an amending plat shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.12.13.13 Application Requirements Any request for a replat shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.1.4.7.A Application Requirements. Every application for development within the City or its ETJ shall be accompanied by a Traffic Impact Analysis (TIA) Determination Form provided in the Development Manual. The TIA Determination Form shall be utilized to determine if a TIA is required 12