Loading...
PZ 10-26-2022 AGENDA with associated documentsMEETING AGENDA Planning & Zoning Commission REGULAR SESSION PLANNING & ZONING COMMISSION October 26, 2022 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 want to be treated Work cooperatively as a team The Planning and Zoning Commission will hold the regularly scheduled meeting at 6:00pan., Wednesday, October 26, 2022, at the City Council Chambers. In lieu of attending the meeting in person, residents will have the opportunity to watch the meeting via live stream on the City's You'rube Channel. 1. CALL TO ORDER 2. SEAT ALTERNATE TO ACT IF REQUIRED 3. HEARING OF RESIDENTS Residents who choose to watch the meeting via live stream, but who would like to participate in fIearing qfRco1dents, should email their coirzments° to the Planning Division, at planning(a' )schertz, cont by 5:00p. m, on Tuesday, 0clober 25, 2022, so that the Planning Division may read the public commenty into the record under the hearing qfrc>sidenls, In the body cif the email please include ' vour name, your adcits> vs, phone number, agenda, item number ifapj)licahle or subject qfdiscussion, and your comments, 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 register prior 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 oJ' specific factual information given in response to any inquiry, a recitation q/'existing policy in response to an inquiry, and /or a proposal to place the item on ajoture agenda. The presiding officer, during the Hearing of Residents portion oj'the agenda, will call on those persons who have signed up to speak in the order they have registered. 4. PLANNING AND ZONING COMMISSION ELECTIONS A. Election of Planning and Zoning Commission Chair and Vice Chair 5. CONSENT AGENDA: A. Minutes for the October 12, 2022, Regular Meeting. Planning & Zoning October 26, 2022 Pagel of 6. 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, f 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. A. PLPDD20220020- Hold a public hearing, consider and make a recommendation on a request to rezone approximately 75 acres of land from General Business District (GB) and Manufacturing District- Light (M -1) to Planned Development District (PDD), generally located southeast of the intersection of IH 35 and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers 68313, 68314, and 148510, City of Schertz, Guadalupe County, Texas. B. PLUDC20220135 Hold a public hearing, workshop and discussion, and possible action to make a recommendation on amendments of Part IIl, Schertz Code of Ordinances, Unified Development Code (UDC), to Article 5, Section 21.5.11- Specific Use Permit (SUP), Article 9, Section 21.9.7 - Landscaping, and Article 1.0, Section 21.1.0.4- Schedule of off. - street parking requirements. Tabled at the September 28, 2022, Planning and Zoning Commission Meeting 7. 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. 8. INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION PACKETS- NO DISCUSSION TO OCCUR A. Current Projects and City Council Status Update 9. ADJOURNMENT OF THE REGULAR MEETING CERTIFICATION I, Samuel Haas, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 19th day of October, 2022 at 2:00 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. Samuel Haas Samuel Haas, 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 2022. title: This facility is accessible in accordance with the Americans with Disabilities Act. Hlandicapped parking spaces are available. If you require special assistance or have a requestfor 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. Planning & Zoning October 26, 2022 Page 2 of 3 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 October 26, 2022 Page 3 of 3 • TO: Planning and Zoning Commission PREPARED BY: Emily Delgado, Planning Manager SUBJECT: Election of Planning and Zoning Commission Chair and Vice Chair BACKGROUND Based on Resolution 21 -R -28: Planning and Zoning Commission Bylaws: "The Commission shall hold elections for a chari who shall serve as the presiding officer and vice chair at the first meeting in August of each year. ". Although the bylaws stipulate the first meeting in August, as of this agenda elections have not taken place for 2022 for the Planning and Zoning Commission. Attachments Res. 21 -R -28- Planning and Zoning Commission Bylaws r—'.— eee - 7 e=e,e w VMEREAS, the Planning and Zoning Commission • the City of Schertz (the "City") has recommended that the City approve the revised Bylaws, herein as "Exhibit A" of the Planning and Zoning Commission; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the revised Bylaws of the Planning and Zoning Commission BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City Council hereby authorizes the revised bylaws of the Planning and Zoning Commission. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part • the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any Qrovision of this Resolution are here ► i rejea ' a to the extent of such conflict an is t e ♦ rovisions 515167M)IMMI Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States • America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such rovision to other gersons and circumstances shall nevertheless be valid and the Ci 6 Council I I E-4 uld WA I ImLm rt I 'Qm 11 K M I 11M "Q-;1M* Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice • the time, place, and subject matter • the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 5 5 1, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and I ,t is so resolved. AT Brenda Dennis, City ti ecretary 9r ' • The Planning and Zoning Commission shall: A. Review and approve or make recommendations on applications as set forth in the City of Schertz Unified Development Code. B. Make recommendations regarding the implementation of the City's Comprehensive Plan. 71YOU it, WW I Addressing the Commission. Any person desiring to address the Commission by oral communication shall first secure the permission of the presiding officer. VZON all TI-3 �41,71QJ jf�-j ON I U-06 I RAN 0 - - 5 Written Communications. Interested persons, or their authorized representatives, may address the Commission by written communication in regard to any matter concerning the City's business • over which the Commission has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Commission members. 2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 6. Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (I type)*. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. T "" 'Wt4vp Qrdgr, ABA Publishing, 21d Edition .. tory if seconded no vote required Uxless itiot waX May Resolved Affirmative Interrupt Second by Chair Vote by 4 2/3 Motion Speaker Required f Debatable Amendable No Vote members Vote Meeting Conduct Motions point of privilege yes no no no yes no no point of procedure or order yes no no no yes no no to appeal a ruling no yes yes no no yes no to recess no yes yes yes no yes no Disposition Motions to withdraw yes no no no yes no no to postpone no yes yes yes no yes no to refer no yes yes yes no yes no to amend no yes yes yes no yes no to limit or close debate or "call the no yes yes yes no no yes question' to extend debate no yes yes yes no yes no to count the vote no yes no no no no no Main Motions to reconsider yes yes if original no no yes no motion was debatable to rescind no yes yes yes no no yes to take action no yes yes yes no Yes * ** no .. tory if seconded no vote required Uxless itiot waX • vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or 2 -1 kir-INARI.PrIM 13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Commission member to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required, 17 Effect of Abstentions; action on '• ' • •, of • ..• Abstentions. The following rules shall apply when a Commission Member abstai from on b. When the Commission r- o Leeal Oblivation to ` r i ` • voting, When a Commission Member has no legal obligation to abstain from • i n Member is prohibited • of abstention i or • or or ci., vote. • TO: Planning and Zoning Commission PREPARED BY: Tiffany Danhof, Administrative Assistant SUBJECT: Minutes for the October 12, 2022, Regular Meeting. Attachments Draft Minutes for the October 12, 2022 Regular Meeting DRAFT PLANNING AND ZONING MINUTES October 12, 2022 The Schertz Planning and Zoning Commission convened on October 12, 2022 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. Present: Glen Outlaw, Chairman; Richard Braud, Commissioner; Roderick Hector, Commissioner; Judy Goldick, Commissioner; Tamara Brown, Commissioner; Patrick McMaster, Commissioner Absent: Ernie Evans, Vice Chairman; Gordon Rae, Commissioner; John Carbon, Commissioner City Brian James, Assistant City Manager; Mesa Wood, Director of Planning & Community Staff: Development; Emily Delgado, Planner Manager; Samuel Haas, Planner; Tiffany Danhof, Administrative Assistant CALL TO ORDER Chairman Mr. Outlaw called the meeting to order at 6:00 P.M. 2. SEAT ALTERNATE TO ACT IF REQUIRED Patrick McMaster was seated as the alternate Commissioner. 3. HEARING OF RESIDENTS Residents who choose to watch the greeting via dive stream, but who ;mould like to participate in Hearing of Residents, should email their comments to the Planning Division, at planning@sci7ertz.com by 5 :00p.m. on Tuesd ay, October 11, 2022, so that the Planning Division may read the public comments into the record under the hearing of residents, In the body of the email please include your name, your address, phone number, agenda item number if applicable or subject of discussion, and your comments. 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 register prior 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 officer, 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. Carlos Sanders 4507 Pecos Pt. 4. CONSENT AGENDA: A. Minutes for the September 28, 2022 Regular Meeting. Motioned by Commissioner Patrick McMaster to approve the consent agenda, seconded by Commissioner Judy Goldick Vote: 6 - 0 Passed 5. 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. A. PLZC20220092 — Hold a public hearing, consider and make a recommendation on a request to rezone approximately 31 acres of land from General Business District (GB) to Single - Family Residential District (R -2), the property, a portion of Parcel ID 63998, generally located approximately 1,000 feet to the northwest of the Eckhardt Road and Green Valley Road intersection. City of Schertz, Guadalupe County, Texas. Mr. Haas and the applicant provided a presentation. Mr. Outlaw opened the public hearing at 6:11 P.M. • Louis Dawkins- 536 Scarlet Ct., Canyon Lake • Donna Sanders- 4507 Pecos Pt. • Theresa Jeanne Ackermann- property owner • Carlos Sanders- 4507 Pecos Pt. Mr. Outlaw closed public hearing at 6:18 P.M. There was a discussion on: • Clarification on water standards and availability • Property Taxes • Retail sales businesses • Road improvements • Land use changes Motioned by Commissioner Judy Goldick to recommend approval to the City Council, seconded by Commissioner Tamara Brown Vote: 6 - 0 Passed 6. ITEMS FOR INDIVIDUAL CONSIDERATION: A. PLFP20220162 Consider and act upon a request for approval of a final plat of the Graytown Subdivision, Unit 1A, an approximately 23 acre tract of land located approximately 550 feet southwest of the intersection of Graytown Road and Boenig Road, City of Schertz, Bexar County. Mrs. Delgado provided a presentation. There was a discussion on: • Clarification on sidewalk and street improvement • Roadway impact fees Motioned by Commissioner Patrick McMaster to approve PLFP20220162 including the sidewalk waiver, seconded by Commissioner Judy Goldick Vote: 6 - 0 Passed B. PLFP20220163 Consider and act upon a request for approval of a final plat of the Graytown Subdivision, Unit 3A, an approximately 32 acre tract of land located on Graytown Road, roughly 3,000 feet northwest of the intersection of Graytown Road and 1 -10, City of Schertz, Bexar County. Mrs. Delgado provided a presentation. Motioned by Commissioner Judy Goldick to approve PLFP20220163, seconded by Commissioner Patrick McMaster Vote: 6 - 0 Passed C. PLPP20220168 Consider and act upon a request for approval of a preliminary plat of the QT 4033 Subdivision, an approximately 7 acre tract of land, located northwest of the intersection of IH 35 Access Road and Cibolo Valley Drive, City of Schertz, Guadalupe County, Texas. Mrs. Delgado provided a presentation. There was a discussion on: • Clarification on the tract of land • Future development on the 2nd lot • Clarification on Cibolo Valley extension Motioned by Commissioner Judy Goldick to approve PLPP20220168, seconded by Commissioner Roderick Hector Vote: 6 - 0 Passed D. PLDMP20220173 Consider and act upon a request for approval of a Master Development Plan for the Heritage Oaks Subdivision, an approximately 67 acre tract of land generally located southwest of the intersection between Schertz Parkway and Wiederstein Road, City of Schertz, Guadalupe County, Texas. Mrs. Delgado provided a presentation. There was a discussion on: • Clarification on Unit 1 & 2 • PPD/ Replat's • Cul -De -sac section • Emergency access lane • Driveways • Alleyways Motioned by Commissioner Judy Goldick to approve PLDMP20220173, seconded by Commissioner Patrick McMaster Vote: 6 - 0 Passed 7. REQUESTS AND ANNOUNCEMENTS: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda There were no requests by Commissioners. B. Announcements by Commissioners • City and community events attended and to be attended • Continuing education events attended and to be attended There were announcements by Commissioner Goldick. C. Announcements by City Staff. • City and community events attended and to be attended. There were announcements by City Staff. 8. INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION PACKETS- NO DISCUSSION TO OCCUR A. Current Projects and City Council Status Update 9. ADJOURNMENT OF THE REGULAR MEETING Chairman Mr. Outlaw adjourned the regular meeting at 7:26 P.M. Chairman, Planning and Zoning Commission Recording Secretary, City of Schertz TO: Planning and Zoning Commission PREPARED Emily Delgado, Planning Manager BY. CASE: PLPDD20220020 SUBJECT: PLPDD20220020- Hold a public hearing, consider and make a recommendation on a request to rezone approximately 75 acres of land from General Business District (GB) and Manufacturing District- Light (M -1) to Planned Development District (PDD), generally located southeast of the intersection of 11135 and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers 68313, 68314, and 148510, City of Sehertz, Guadalupe County, Texas. GENERAL INFORMATION: Owner: San Antonio One, LTD Partnership Applicant / Developer: Embrey, Omar Rivera Engineer: Kimley -Horn Representative: Ashley Farrimond APPLICATION SUBMITTAL DATE: Date Application Type May 17, 2022 Zone Change to Planned Development District (PDD) PUBLIC NOTICE: Forty Four (44) public hearing notices were mailed to the surrounding property owners on October 14, 2022 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 report, staff has received no responses in favor, opposed or neutral to the request. ITEM SUMMARY: The applicant is proposing to rezone approximately 75 acres of land from General Business District (GB) and Manufacturing District- Light (M -1) to Planned Development District (PDD). Currently, the property is undeveloped / agricultural land. The proposed Planned Development District, titled "Sehertz Station ", is divided into four (4) different areas to include Commercial, Retail, and Multi- Family. I 1►11111. .Y ►`I y/L�LWIC PROPOSED ZONING: The applicant has requested to rezone approximately 75 acres to Planned Development District (PDD). According to the Schertz Station PDD Design Standards, the 75 acres is proposed in four (4) unique areas each with their own designations and standards. Area I: The portion of the property along IH 35 and Cibolo Valley Drive, proposed to develop as Commercial / Retail • Area I is proposed with a base zoning of General Business (GB), and will allow all uses permitted in General Business per the UDC along with "Auto Repairs & Service, Major" and "Retail Cabinet Sales ". Area IL• The portion of the property located in the center of the 75 acres, immediately behind Area I, proposed to develop as Commercial / Retail / Multi- Family • Area II is proposed with a base zoning of General Business (GB) and Apartment / Multi - Family (R -4), and will allow all uses permitted in General Business and Apartment / Multi - Family per the UDC, along with "Commercial Amusement, Outdoor ". Area III: South of Area II, proposed to develop as Multi- Family • Area III is proposed with a base zoning of Apartment / Multi- Family (R -4), and will allow uses permitted in Apartment / Multi- Family (R -4) per the UDC Area IV: Immediately adjacent to the intersection of Cibolo Valley Drive and Old Wiederstein, proposed to develop as Commercial / Retail • Area IV is proposed with a base zoning of General Business (GB), and will allow all uses permitted in General Business per the UDC In addition to the four proposed areas, the Schertz Station PDD also indicates that the extension of Ripps Kruesler through the project will be completed as a "Collector ". CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Comprehensive Land Use Plan (CLUP) and Schertz Sector Plan Update, and more specifically as depicted on the Future Land Use Plan Map identifies the subject property as three different land use designations: Highway Commercial, Commercial Campus, and Single Family Residential. Specifically the Highway Commercial designation is located at the corner of Cibolo Valley Drive and IH 35. Highway Commercial is intended for regional scale retail and commercial uses that can take advantage of the highway frontage. The Commercial Campus designation is located along the 11135 frontage and into the center of the subject property. Commercial Campus is intended to encourage the development of lower intensity commercial and office uses in addition to allowing for multi - family. The Single Family Residential designation is located towards the southern portion of the subject property. Single Family Residential is intended for a mix of residential uses (such as multi- family) along with limited commercial development to support the daily activities of the development. • Comprehensive Plan Goals and Objectives: The subject property as a whole has three Future Land Use Designations, Highway Commercial, Commercial Campus, and Single Family Residential. These land use designations are intended to allow for commercial, retail, and multi family which is what is being proposed by the Schertz Station PDD. Based on the Schertz Station PDD providing for a mixture of multi - family, commercial and retail the proposed development is in conformance with the goals and objectives of the Comprehensive Plan. • Impact of Infrastructure: The proposed Schertz Station PDD should have minimal impact on the existing and planned water and wastewater systems in the area. If approved, the project would be required to go through the standard development process which would include any public infrastructure improvements for water, wastewater and roadways. • Impact of Public Facilities /Services: The proposed rezoning request should have 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 adjacent to Cibolo Valley Drive, IH 35, and Old Wiederstein Road. Additionally, in the area is the Cibolo Crossing Development located across Cibolo Valley Drive from the subject property which is proposed to develop with commercial, retail, and multi- family. The proposed Schertz Station zone change would be compatible with the Cibolo Crossing Development in the City of Cibolo. Additionally, the subject property is adjacent to the EVO Entertainment, movie theater. The proposed commercial and retail is directly compatible with this existing business. STAFF ANALYSIS AND RECOMMENDATION: The Schertz Station Planned Development District is proposing to develop as commercial, retail, and multi - family which has been described as desired at the intersection of Cibolo Valley Drive and IH 35. The proposed PDD will maintain the commercial and retail components along the 11135 frontage as well as providing a commercial option at the hard corner of Old Wiederstein and Cibolo Valley Drive. Additionally, the proposed Schertz Station will incorporate multi- family as a buffer from the proposed commercial / retail to the adjacent SCUCISD owned property and the residential across Old Wiederstein. Based on the subject property's Comprehensive Land Use Designations and the conformance and compatibility with the proposed Schertz Stations Planned Development District, along with the unique nature of the proposed commercial, retail, and multi- family staff recommends approval of the Planned Development District zone change request. The finalized Schertz Station Planned Development District Design Standards will be available prior to the * 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 proposed zoning application. In considering action on a zoning application, the Commission should consider the criteria within UDC, Section, 21.5.4 D. Attachments Aerial Map Public Hearing Notice Map Zoning Exhibit II pP 1 Y EF ll."t FBI C 0 0 1 1 2 I 3 I 4 VARIAl ELECTRIC E DOC# 20` CB= 40' WID VOL. 40 ' ! I1 �: • � li r APPROXIMATE EASE AND GRAPHIC SCALE IN FEET 0 100 200 400 LEGEND PROPERTY BOUNDARY EXISTING EDGE OF ASPHALT 0FiE EXISTING OVERHEAD ELECTRIC ss EXISTING SANITARY LINE ,J EXISTING WATER LINE GAS .. ............................... EXISTING GAS LINE 1� BENCHMARK O PROPERTY CORNER NOTES 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED 11/2/2007, A PORTION OF THE SITE IS LOCATE IN ZONE A AND IS LOCATED IN THE 100 -YR FLOODPLAIN. THE REMAINING SITE IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100 -YR FLOODPLAIN. 2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME OF THE FINAL PLAT. SITE DATA TABLE EXISTING SIGN z EXISTING SANITARY SEWER MANHOLE LEGAL DESCRIPTION EXISTING WATER VALVE I— oo EXISTING FIRE HYDRANT O EXISTING CABLE PEDESTAL CURRENT ZONING EXISTING GUY WIRE REQUESTED ZONING EXISTING POWER POLE NOTES 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED 11/2/2007, A PORTION OF THE SITE IS LOCATE IN ZONE A AND IS LOCATED IN THE 100 -YR FLOODPLAIN. THE REMAINING SITE IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100 -YR FLOODPLAIN. 2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME OF THE FINAL PLAT. SITE DATA TABLE GENERAL SITE DATA z 74.579 ACRES, J.F. WALKER SURVEY NO. 113, LEGAL DESCRIPTION ABSTRACT NO. 244, CITY OF SCHERTZ, I— oo GUADALUPE COUNTY, TEXAS O GENERAL BUSINESS (GB) & MANUFACTURING CURRENT ZONING (LIGHT) (M -1) REQUESTED ZONING PLANNED DEVELOPMENT DISTRICT (74.579 AC.) PROPOSED LAND USE COMMERCIAL /RETAIL AND MULTI- FAMILY SITE ACREAGE 74.5790 � CSC NEC OF IH -35 & CIBOLO VALLEY DR., CITY OF ADDRESS SCHERTZ, TX KIMLEY —HORN 601 NW LOOP 410, STE 350 SAN ANTONIO, TEXAS 78216 PHONE. 210 - 541 -9166 CONTACT. JOHN GREGORY MOSIER, R.P.L.S SAN ANTONIO ONE, LTD PARTNERSHIP 277 N LOOP 1604 E, STE. 150 SAN ANTONIO, TX, 78232 PHONE 313- 961 -6451 CONTACT. CHARLES FORBES CIVIL ENGINEER KIMLEY —HORN 601 NW LOOP 410, STE 350 SAN ANTONIO, TEXAS 78216 PHONE 210 - 541 -9166 CONTACT AARON PARENICA, P.E. EMBREY 1020 NE LOOP 410, STE 700 SAN ANTONIO, TEXAS 78209 PHONE 210- 824 -6044 CONTACT: OMAR RIVERA EMBREY: NEC IH -35 & CIBOLO VALLEY DR. .. W Q 0 cn z 0 W n, 0 z Lm r- co z U z F rn rn 0 O)o I— oo Wp_? O Q0 U ~6 V- � 0 Oz ° w Q Q Q X m Q� Q � CSC w� F- \ c= co Qu) w0 Z U U) W Z Q O ~wry m == 0 U) -r d W O_ N >L MEMO= J uj r2_ 0- W J Y0Z Z 0 O J _j o = � a3: W OZ • II ►y.I�r ►[��m:3 N z z Q z Q CL Q I— oo O � 0 Q� � CSC w� F- \ c= co m m U) o LLI Q m Qm d D I- o w o Z 0 0 J W v v U) w o � o = v ►y.I�r ►[��m:3 U7 Q X ZW O Q� �0 U) o LLI ry N Qm LL I- W a W W U N H uj W U 07 ►y.I�r ►[��m:3 TO: Planning and Zoning Commission PREPARED Emily Delgado, Planning Manager BY. CASE: PLUDC20220135 SUBJECT: PLUDC20220135 Hold a public hearing, workshop and discussion, and possible action to make a recommendation on amendments of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), to Article 5, Section 21.5.11 - Specific Use Permit (SUP), Article 9, Section 21.9.7- Landscaping, and Article 10, Section 21.10.4- Schedule of off - street parking requirements. Tabled at the September 28, 2022, Planning and Zoning Commission Meeting GENERAL INFORMATION: As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the recommendation of City staff amend, change, or modify text in any portion of the UDC to establish and maintain 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/or State and Federal regulations. The proposed UDC amendments include modifications to the following Articles and Subsections: • Article 5, Section 21.5.11- Specific Use Permit (SUP); to remove the requirement for an accompanying Site Plan application • Article 9, Section 21.9.7- Landscaping; to modify the regulations for landscaping for commercial and multi - family development to allow developers to be able to select two of the approximately 11 requirements they do not have to meet. • Article 10, Section 21.10.4- Schedule of off - street parking requirements; to modify the parking ratio requirement for Multifamily, Duplex, Two - Family, Condominium Or Other Similar Use Background: At the August 24, 2022, Planning and Zoning Commission Meeting staff requested that the Commission postpone the item to the next Planning and Zoning Commission Meeting. At the September 14, 2022 Planning and Zoning Commission meeting there was a public hearing and discussion on the proposed UDC amendments. At the end of the discussion the Planning and Zoning Commissioners requested to take no action, and for staff to bring this item back as a workshop / discusssion at the next meeting. PROPOSED AMENDMENTS Staff is proposing modifications to the following UDC Articles and Sections: UDC Section Current Requirements Article 5, Section 21.5.11 Accompanying Applications. An application for a Specific Use Permit (SUP); Specific Use Permit shall be accompanied by a specifically subsection B.2: Site Plan prepared in accordance with section 21.1.2.14. Approval of a Site Plan as part of a Specific Use Permit shall meet the requirements for Site Plan approval under section 21.12.14. Article 5, Section 21.5.11 proposed use and associated ted Site Plan promote Specific Use Permit (SUP); the health, safety or general welfare of the City and specifically subsection DX the safe, orderly, efficient and healthful development of the City; Proposed Amendment Proposing to remove this subsection in its entirety and no longer require a site plan application for a Specific Use Pen-nit application. The proposed use is to promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City; Article 9, Section 21.9.7 Currently commercial and multifamily projects This amendment allows Landscaping have approximately 11 requirements for developers to select two of landscaping that have to be met (excluding size those provisions they do not and species requirements). have to meet. Article 10, Section 21.10.4 1.5 spaces per 1 bedroom unit 1.5 spaces for 1 -2 bedroom Schedule of off - street parking 2 spaces per 2 bedroom unit units requirements; specifically for 2.5 spaces per 3+ bedroom unit 2 spaces for 3+ bedroom "Multifamily, Duplex, Plus additional guest parking provided at a ratio of ' units Two- Family, Condominium 5% of required spaces Plus additional guest Or Other Similar Use" parking provided at a ratio of 5% of required spaces STAFF ANALYSIS AND RECOMMENDATION: Staff is proposing to remove the requirement for an applicant to submit a Site Plan application with a Specific Use Permit due to the time and cost investment for the applicant this requirement causes. By removing the Site Plan application requirement it will allow a property owner the ability to submit for a Specific Use Permit to see if their desired land use would be allowed by City Council without having to go through full design and engineering at risk. If the Specific Use Permit were to be approved by City Council, the applicant would then be required to follow the standard development process to include the Site Plan to ensure compliance with all City regulations. It is not uncommon for specific site constraints to make it difficult for developers to meet every landscaping requirement for commercial and multi - family sites. This might be due to a significant number of easements across the front of the property or an oddly shaped lot making it difficult to provide all of the trees or operational issues making landscaping islands a problem. This change allows developers to select two of the approximately 11 requirements (exclusive of size and species requirements) that they do not have to be met. This is part of a push to provide greater flexibility. The last proposal included within this UDC Amendment is to modify the current parking ratio for "Multifamily, Duplex, Two - Family, Condominium or Other Similar Use ". The proposed UDC text would decrease the requirements for 2 bedroom and 3+ bedroom units. This proposal is to provide more flexibility for developers and to decrease the overall parking areas that would be required. No other modifications to the Schedule of Off. - Street Parking Requirements table are proposed at this time. Staff recommends approval of the amendments to the Unified Development Code (UDC) for the indicated subsections within Article 5, 9, and 10 as presented. 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: 1. The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 2. An amendment to the text is consistent with other policies of this UDC and the City; 3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and 4. Other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. Attachments Proposed UDC Amendment - Article 5 Section 21.5.11 SUP- Red Lines Proposed UDC Amendment- Article 10 Section 21.10.4 Parking Ratio- Red Lines Proposed UDC Amendment -- Article S Section 21.5.11 SUP- Red tines Sec. 21.5.11. Specific Use Permit (SUP). A. Applicability. Specific Use Permits allow for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. These uses and the districts where they may be located are listed in Table 21.5.8. Certain uses located within the AICUZ zone require an SUP. Approval of a Specific Use Permit authorizes a property owner to submit subsequent development applications consistent with the approved sup. B. Application Requirements. 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. aced ffi 3 2. Tax Certificate Required. All applications made as a request for a Specific Use Permit shall be accompanied by a copy of a Tax Certificate. C. Processing of Application and Decision. Submittal. An application for a Specific Use Permit shall be submitted to the City Manager or his /her designee. 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 may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his /her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his /her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification requirements. An application for a Specific Use Permit requires the following notification in accordance with section 21.4.3: (Sapp. No. 5) a. Written notice prior to consideration by the Planning and Zoning Commission; and b. Published notice prior to consideration by the City Council. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed Specific Use Permit to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the SUP. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council. Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed Specific Use Permit and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the SUP. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. Page 1 of 3 Created: 2021 -11 -05 10:19:08 [EST] Proposed UDC Amendment -- Article 5 Section 21.5.11 SUP- Red tines D. Criteria forApprovat. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a Specific Use Permit, should consider the following criteria: 1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan; 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; 3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on -site or within the public rights -of -way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods; 4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood; 5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets; 6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties; 7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood; 8. The proposed use d °° 5; P �promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 9. No application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full; and 10. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed relevant and important in the consideration of the Specific Use Permit. E. Conditions. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action, may require such modifications in the proposed use and attach such conditions to the Specific Use Permit as deemed necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. Conditions and modifications may include but are not limited to limitation of building size or height, increased open space, limitations on impervious surfaces, enhanced loading and parking requirements, additional landscaping, curbing, sidewalk, vehicular access and parking improvements, placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the permit and hours of operation. F. Expiration of Specific Use Permit. A Specific Use Permit shall expire if any of the following occurs: 1. A building permit, if necessary, for the use has not been approved within one (1) year after the approval of the SUP; 2. A building permit approved as a result of the approval of the SUP expires within two (2) years after the approval of the SUP; 3. The use has been abandoned or discontinued for a period of time exceeding six (6) months; or 4. The SUP expires in accordance with its terms. (Sapp. No. 5) Page 2 of 3 Created: 2021 -11 -05 10:19:08 [EST] Proposed UDC Amendment- ArUcle 5 Section 21.5.11 SUP- Red Lines (Ord. No. 18-S-04, § I(Exh. A), 1-23-2018) (Supp. No. 5) Page 3 of 3 Created: 2021-11-05 10:19:08 [EST] Proposed UDC end ent- Article 10 Section 21.10.4 Parking Ratio- Red Lines 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: Table 21.10.4 Schedule of Off - Street Parking Requirements Use Type Parking Requirement Amusement, Commercial (Indoor) 1 space for each 200 square feet of gross floor area Amusement, Commercial (Outdoor) 1 space per 500 square feet of outdoor site area plus 1 space per each 4 fixed spectator seats Assisted Care, Living Facility, Care Facility 1 parking space for each 2 beds Bank, Savings And Loan, Or Other Financial Institution 1 space for each 250 square feet of gross floor area Bar Or Night Club 1 space for each 50 square feet of gross floor area Bed And Breakfast 1 space for each guest room plus 1 space per employee Bowling Alley 5 parking spaces for each lane Car Wash 1 space for each 200 Square feet of floor area Day Care Center 1 space per 250 square feet of gross floor area Fitness Center /Gym 1 space for each 250 square feet of gross floor area Convenience Store /Gas Station 1 space for each 250 square feet of gross floor area. Spaces provided for fueling at the pump stations shall not be considered parking spaces. Group Home 4 spaces 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 Lodging Houses And Boarding Houses 1 parking space for each bedroom Manufacturing, Processing Or Repairing 1 space for each 2 employees 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 - warehouse /Public Storage 1 space for each 300 square 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 - Family, Condominium Or ,S-Ypa s- 4 d;� ofn- Ltnit- Other Similar Use 5 ; m _z e _r i - 1.5 spaces for 1 -2 bedroom units 2 spaces for 3u- bedroom :units Plus additional guest parking provided at a ratio of 5; of required spaces (Sapp. No. 5) Page 1 of 3 Created: 2021 -11 -05 10:19:10 [EST] Proposed UDC Amendment- Article 10 Section 21.10a4 Parking Ratio- Red tiros Nursery 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 Offices 1 space for each 250 square feet of gross floor area Outdoor Facilities (Outdoor Recreational Fields i.e. 20 spaces per designated field or 1 per 4 person Football, Soccer, etc.) design capacity Public Use Parking shall be provided at a ratio approved by City staff based on a parking study provided by the applicant Residence Halls, Fraternity Buildings And Sorority 1 space per person capacity of permanent sleeping Buildings facilities Restaurants 1 parking space for each 100 square feet of gross floor area, or 1 space for each 4 seats, whichever is less (based on maximum design capacity) Retail Sales And Service 1 space for each 250 square feet of gross floor area School, High School, Vocational, All Other Schools Parking shall be provided at a ratio approved by City staff based on a parking study provided by the applicant that shall include vehicle stacking requirements Single Family Attached And Detached Dwelling Units 2 parking spaces per dwelling unit Theaters, Auditoriums, Churches, Assembly Halls, 1 space for each 4 seats or 1 space for every 100 Sports Arenas, Stadiums, Conference Center, square feet of gross floor area, whichever is less Convention Center, Dance Hall, Exhibition Halls, Or (based on maximum design capacity) Other Place Of Public Assembly Automobile Sales Or Rental 1 space for each 3,000 square feet of sales area (open and enclosed) devoted to the sale, display or rental of vehicles Automobile Service, Repair, Garage 1 space for each 200 square feet of total floor area Warehouse 1 space for each 1,000 square feet of total floor area B. New and Unlisted Uses. 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 (Supp. No. 5) Page 2 of 3 Created: 2021 -11 -05 10:19:10 [EST] Proposed UDC Amendment- Article 10 Section 21.10a4 Parking Ratio- Red Lines 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. C. Mixed uses. In the event that several users occupy a single structure, or parcels of land, the total requirements for off street parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset, for example with retail and residential, or theater and office uses. In such case the City Manager or his /her designee may reduce the total requirements accordingly, but not more than twenty - five percent (25 %). D. Joint use of facilities. Required parking facilities of two (2) or more uses, structures, or parcels of land may be satisfied by the same parking facility used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use. E. Properties zoned main street mixed -use. Properties zoned Main Street Mixed -Use shall only be required to provide two (2) on -site parking spaces but must still provide the minimum required number of handicapped spaces on site. (Ord. No. 14-S-47, § 5, 11 -18 -2014; Ord. No. 16-S-27, § 7, 8 -30 -2016; Ord. No. 18 -5 -03 , § 1(Exh. A), 1 -23 -2018) (Sapp. No. 5) Page 3 of 3 Created: 2021 -11 -05 10:19:10 [EST] • SUBJECT Current Projects and City Council Status Update DEVELOPMENT INFORMATION The following is being provided for information purposes only so that the Planning and Zoning Commission is aware of the current status of new site plan applications, status of applications heard by the Commission and recommended for final action by the City Council, and the status of administratively approved applications. NEW SITE PLAN APPLICATIONS: • There were no new site plan applications submitted to the Planning and Community Development Department between October 8, 2022 and October 18, 2022. CITY COUNCIL RESULTS: The following development applications were recommended for final action to the City Council: • Ord. 22 -S -36: A request to rezone approximately 20 acres of land to Planned Development District of the existing Homestead Subdivision. • Recommended for approval at the August 24th P &Z Meeting (6 -0 vote) • First Reading at the September 27th City Council Meeting (6 -0 vote) • Final Reading at the October 11th City Council Meeting (6 -0 vote) Approved • Ord. 22 -S -41: A request to rezone approximately 15 acres of land to Planned Development District located approximately 2,200 feet southeast of the intersection of Lower Seguin Road and FM 1518 • Recommended for approval at the September 14th P &Z Meeting (6 -0 vote) • First Reading at the October 11th City Council Meeting (4 -1 vote) • Scheduled for final reading at the October 25th City Council Meeting • Ord. 22 -S -42: A request to rezone approximately 31 acres of land from General Business District (GB) to Single - Family Residential District (R -2), the property, a portion of Parcel ID 63998, generally located approximately 1,000 feet to the northwest of the Eckhardt Road and Green Valley Road intersection. • Recommended for approval at the October 12th P &Z Meeting (6 -0 vote) • Scheduled for First Reading at the December 6th City Council. Meeting ADMINISTRATIVELY APPROVED PROJECTS: • There were no development applications administratively approved between October 8, 2022 and October 18, 2022.