PLANNING AND ZONING COMMISSION - 216.45.71.196216.45.71.196/Weblink/1/edoc/292004/PZ 08-12-2015 AGENDA (Special... · The Planning and Zoning Commission will hold a public hearing

SPECIAL JOINT MEETING AGENDA

SCHERTZ PLANNING AND ZONING COMMISSION, ECONOMIC DEVELOPMENT CORPORATION AND TRAFFIC SAFETY ADVISORY

COMMISSION

AND

REGULAR MEETING AGENDA SCHERTZ 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 – SPECIAL JOINT MEETING (PLANNING AND ZONING COMMISSION, ECONOMIC DEVELOPMENT CORPORATION AND TRAFFIC SAFETY ADVISORY COMMISSION). Call to order by each governing body.

2. Public hearing, discussion and update on the Lone Star Rail funding agreement.

3. ADJOURNMENT OF THE SPECIAL JOINT MEETING

1. CALL TO ORDER OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING.

2. ELECTION OF CHAIRMAN AND VICE CHAIRMAN

3. 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 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.

AGENDA Wednesday, August 12, 2015 at 6:00 p.m.

Planning & Zoning August 12, 2015 Page 1 of 3

4. CONSENT AGENDA:

A. Minutes for the July 8, 2015 regular meeting

B. Minutes for the July 22, 2015 regular meeting.

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. ZC2015-003 Hold a public hearing, consider and make a recommendation to City Council on a request to rezone 13183 IH-10 East, approximately 35 acres of land, from Predevelopment District (PRE) to General Business District (GB).

B. ZC2015-004 Hold a public hearing, consider and make a recommendation to City Council on A request to rezone 807 Main Street, approximately 0.25 acres of land, from Single-Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU).

6. WORKSHOP/DISCUSSION: A. Presentation and discussion on requirements to build a single family home on a large tract of land.

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. • NEW SITE PLAN APPLICATIONS: No site plans were submitted to the Planning and

Zoning Department between July 20, 2015 and August 7, 2015.

8. ADJOURNMENT OF THE REGULAR MEETING


CERTIFICATION I, Bryce Cox, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 7th day of August, 2015 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. Bryce Cox _________________________ Bryce Cox, 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 _______________, 2015. ____________________________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 AND ZONING MINUTES July 8, 2015

A Regular Meeting was held by the Planning and Zoning Commission on July 8, 2015 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.

PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice-Chairman Ken Greenwald Bert Crawford, Jr. Christian Glombik Michael Dahle

CITY STAFF Brian James, Executive Director Development Michelle Sanchez, Permit Expeditor Gil Durant, Chief Building Official Lesa Wood, Senior Planner Bryce Cox, Planner I Patti White, Executive Asst. Development

COMMISSIONERS ABSENT Richard Braud

OTHERS PRESENT Stephen Stokinger, Tomsu Stokinger Engineering

1. CALL TO ORDER/ROLL CALL

Mr. Richmond called the meeting to order at 6:02 P.M.


Mr. Richmond suggested to defer the election to when a full Commission is in attendance and seated. Mr. Dahle motioned to defer until the next meeting for the election. Mr. Greenwald seconded the motion. Vote was 6-0. Motion carried.

3. HEARING OF RESIDENTS • None.

4. CONSENT AGENDA

A. Minutes for the June 10, 2015 Regular Meeting.

Mr. Crawford motioned to approve the consent agenda as presented. Mr. Greenwald seconded the motion. Vote was 4-0-2 with Mr. Glombik and Mr. Dahle abstaining. Motion carried.

5. PUBLIC HEARING

A. Hold a Public Hearing, consider and make a recommendation on an Amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 9 Sec. 21.9.5 Exterior Construction and Design Standards.

Mr. Cox presented this item by stating that a Public Hearing and workshop discussion was held at

the June 10, 2015 Planning and Zoning Commission Meeting. Commissioner Evans requested a change in Sec.21.9.5.F.2.B in regards to the percentage of required materials in multifamily developments to “100% of the front façade and a total of 80% of the entire building shall be finished in one or more of the following materials: Brick, Stone, Faux Brick or Stone, Tile.” The

Minutes P&Z Meeting July 8, 2015 Page 1 of 8

Commission requested photograph examples of material percentages. The Commission also requested a definition of cementatious fiberboard. At the Public Hearing and workshop discussion held at the June 22, 2015 Planning and Zoning Commission meeting, Staff presented photograph examples of material percentages on multifamily buildings. Staff replaced cementatious fiberboard with the industry standard term fiber cement siding and provided a definition from the 2012 International Building Code. Planning Staff drafted this amendment based on the recommendations and input from the Design Standards Focus Group. The revised design standards have been organized based on the intended use of the building. There are five building use categories; Industrial, Commercial, Office/Public, Multi-Family, and Single-Family Residential. This allows for specific standards to be appropriately applied to different building types. Staff recommends that the Commission forward this amendment to the Unified Development Code (UDC), Sec.21.9.5 – Exterior Construction and Design Standards to City Council with a recommendation to approve. Mr. Cox stated that the City Attorney is reviewing solar panel questions and state laws on what the City is allowed to regulate and Staff will update once they receive that information. Mr. Richmond opened the Public Hearing at 6:08 P.M. There being no one to speak, Mr. Richmond closed the Public Hearing at 6:09 P.M. Mr. Crawford opened a discussion regarding hardiplank materials stating he called the hardiplank company. Mr. Cox stated that he did look up materials on the web site for hardiplank, and there was information on the MDSD sheets which were more safety oriented than about the material or percentage of composition. Mr. Greenwald motioned to forward a recommendation of approval to City Council. Mr. Crawford seconded. Vote was 6-0. Motion carried.

B. Hold a public hearing, consider and make a recommendation to City Council on repealing Part II, Schertz Code of Ordinances, Chapter 18, Buildings and Building Regulations and adopting the revised Schertz Code of Ordinances, Chapter 18, Building and Building Regulations.

Ms. Sanchez and Mr. Durant gave a presentation with the following points:

• Project Overview Statement • Adoption of the 2012 ICC Codes is necessary because we are currently working under a

code that is nine years out of date and new industry standards have been developed to ensure public health and life safety.

• ISO (Insurance Service Office Inc) visited the City in March, 2014 to conduct a Building Code Effectiveness Grading Schedule. They learned that the Building Inspections Division was operating under the 2006 ICC Codes which falls below their minimum standards of operating within five years of a current nationally recognized published code.

• Adopt amendments to the codes based on compatibility goals associated with JBSA – Joint Base San Antonio (Randolph AFB) such as Sound Attenuation standards.

• Formally adopt State mandated codes, 2014 National Electrical Code and the 2009 International Energy Conservation Code.


• Schertz Current Codes • International Building Code (IBC) 2006 • International Residential Code for One and Two Family Dwellings (IRC) 2006 • International Gas Code (IGC) 2006 • International Mechanical Code (IMC) 2006 • International Plumbing Code (IPC) 2006 • International Property Maintenance Code (IPMC) 2006 • International Existing Buildings Code (IEBC) 2006 • International Fire Code (IFC) 2006 • National Electrical Code (2014) – *State Mandated (9-2014) • International Energy Conservation Code (2009) – *State Mandated (1-2014)

• Code Comparison Benchmark Cities and Surrounding Cities • New Braunfels – 2006 International Codes; 2005 NEC; 2004 IECC • San Marcos – 2015 International Codes; 2014 NEC; 2009 IECC • Temple – 2009 International Codes; 2008 NEC; 2009 IECC • Georgetown – 2012 International Codes; 2014 NEC; 2000 IECC • Pflugerville – 2012 International Codes; 2011 NEC; 2012 IECC • Cibolo – 2015 International Codes; 2015 Unified Plumbing Code; 2011 NEC • Selma – 2012 International Codes; 2014 NEC • Live Oak – 2015 International Codes; 2014 NEC • Universal City – 2012 International Codes; 2014 NEC • Converse – 2009 International Codes; 2014 NEC • San Antonio – 2015 International Codes; 2014 NEC

• Codes Proposed for Adoption • International Building Code (IBC) 2012 • International Residential Code for One and Two Family Dwellings (IRC) 2012 • International Fuel Gas Code (IFGC) 2012 • International Mechanical Code (IMC) 2012 • International Plumbing Code (IPC) 2012 • International Property Maintenance Code (IPMC) 2012 • International Existing Buildings Code (IEBC) 2012 • International Swimming Pool and Spa Code (ISPSC) 2012 • International Energy Conservation Code (2009) *State Mandated • National Electrical Code (2014) *State Mandated • Manual of Cross Connection Control – 10th Edition • International Fire Code (IFC) 2012 will be adopted by separate ordinance

• Summary of Amendments Proposed • Pg 2 – In General

• Reinstate scheduling of inspections • Reinstate contractor registration requirements; change general liability

requirements to comply with state law • Pg 8 – Board of Appeals

• Repealing all sections referencing Board of Appeals or Means of Appeal throughout International codes and defining the Board of Appeals as established by the Unified Development Code, Article 3.

• A title was established for each International code adopted to read that these regulations shall be known as the [specific code] of the City of Schertz, Texas hereinafter referred to as “this code”.


• Pg 9 - International Building Code (IBC) • Exemption to permit requirements

• Residential one-story detached accessory structures less than 120 square feet unless located within a flood hazard area; and unless there is a foundation proposed, a flatwork permit is required.

• Replacement fences, siding and arbors unless located within a flood hazard area or if a foundation is proposed, a flatwork permit is required.

• Pg 10 - Defined replacement fence • Pg 12 – IBC

• Design Professional • Adopted in November 2000 requires an architect or engineer to seal plans

for most commercial occupancies and all single family residential property regardless of size. Proposed amendment is to exempt residential remodels or additions with the exception of the foundation.

• Pg 16 - IBC • Sound Transmission Standards for High Noise Areas - interior construction

standards to mitigate air traffic noise (RAFB) • Pg 21 – International One and Two Family Dwelling Code (IRC)

• Exemption to permit requirements • Residential one-story detached accessory structures less than 120 square

feet unless located within a flood hazard area; and unless there is a foundation proposed, a flatwork permit is required.


• Defined replacement fence • Pg 24 – IRC

• Design Professional • Proposed amendment is to exempt residential remodels or additions with

the exception of the foundation. • Pg 25 – IRC

• Authority to Disconnect Service Utility • Restriction on portable generators for permanent residential use

• Exception: during emergency situations when authorized • Pg 25 – IRC

• Defined Residential Arbors • Pg 29 – IRC

• Sound Transmission Standards for High Noise Areas - interior construction standards to mitigate air traffic noise (RAFB)

• Pg 33 – National Electrical Code (NEC) 2014 • Add kitchen branch circuit requirements • Require an exterior service disconnect for fire safety

• Pg 33 – International Fuel Gas Code (IFGC) • Only amendment is to title, means of appeal and adoption of Appendices

• Pg 34 - International Mechanical Code (IMC) • Only amendment is to title and means of appeal

• Pg 35 – International Plumbing Code (IPC) • Require port-o-lets every 500 feet at construction sites • Prohibit cellular core pipe below grade for sewer service


• Pg 36 – International Property Maintenance Code (IPMC) • Identified maximum weeds and grass height to 8 inches • Add clarification to Accessory Structures to identify non-compliance of accessory

structures that are out of vertical alignment • Pg 36 – International Energy Conservation Code (IECC)

• Only amendment is to the title and board of appeals • Pg 37 – Manual of Cross-Connection Control

• Irrigation Backflow Device Location - establishes a location for residential and commercial irrigation devices

• Pg 38 - International Swimming Pool and Spa Code (ISPSC) • Only amendment is to the title, means of appeal and adoption of appendices

• Pg 39 - International Existing Building Code (IEBC) • Only amendment is to the title and board of appeals

• Summary of Public Input Process • Schertz Chamber Round Table – April 2, 2015 • Posted 1st Draft Ordinance on Website – April 10, 2015; 2nd draft on May 29, 2015; final

draft on July 6, 2015. • City Council Workshop - April 14, 2014 • Construction Industry Meetings – April 16 and June 19, 2015. Draft Ordinances were sent

to contractors as well. • Planning and Zoning Commission – April 22 and July 8, 2015 • Economic Development Corp – April 23, 2015 • City Council – Public Hearing, Presentation of Amendments, 1st Reading – July 28, 2015* • City Council, 2nd Reading – August 4, 2015* • Proposed effective date – October 1, 2015*

* Revised Dates The City Council has determined a need to revise current building codes with regard to sanitation, fire, building, plumbing, mechanical, fuel/gas and electrical requirements. The revisions proposed are intended to ensure the proper construction of structures built in the City and to follow compliance with the requirements of the Insurance Service Office Inc. It is the City’s desire to protect the safety and welfare of the community through regulation of certain construction activities within the City. Development Services staff met with several focus groups that included Homebuilders, Electricians, Plumbers, Mechanical Contractors, the Economic Development Corporation, the Schertz Chamber, Residents and HOA groups to gain their input on the proposed code changes. The proposed changes were also posted on the Schertz Website for comment since March 2015. Only three comments were received as of June 19, 2015. Each group provided beneficial feedback and offered recommendations based on industry standards and experience. Staff conducted a public hearing at the Planning and Zoning Commission meeting on April 22, 2015. Two contractor meetings were held on April 16 and June 19, 2015 to receive additional public comment and to provide the opportunity to ask questions and offer recommendations. Revisions and clarifications to the proposed ordinance resulted from the focus group and the Planning and Zoning Commission meetings.


Although there is no requirement within the Building Code or the Unified Development Code for the Planning and Zoning Commission to review the proposed building code changes or offer a recommendation, it is the desire of the City Council that the Commission examine the proposed changes and offer a recommendation. Staff recommends that Ordinance 15-C-20 amending Chapter 18, Buildings and Building Regulations be approved as presented by staff. Mr. Richmond opened the Public Hearing at 6:28 P.M.

• James Leonard, Greater San Antonio Builders Association, 3625 Paesano Parkway, San Antonio, TX, spoke on a request to delay passing the code because GSABA needs a couple more weeks for review with the building department.

• Greg Asvestas, MLAW Engineers, 3625 Paesano Parkway, San Antonio, TX, spoke on several issues such as increased cost and requested an extension for review.

• Rick Bowman, MLAW Engineers, 7804 Longhorn Blvd., San Antonio, TX, spoke on requesting a delay and the design engineer on the job site.

Mr. Richmond closed the Public Hearing at 6:40 P.M. Ms. Sanchez stated that the 72 hours hold if the inspection fails is an existing code requirement and already adopted. Ms. Sanchez stated that there are typo’s and corrections will be made. Ms. Sanchez stated that the Certificate of Occupancy requirements are different for commercial and residential. Ms. Sanchez stated that there is no additional expense to the applicant for 3rd party plan reviews, as the applicant already pays for one plan review. Ms. Sanchez stated that the foundation requirements which were presented to P&Z, City Council along with Focus Groups of architects, and builders were adopted in 2013. Discussion followed between Staff, and the Commission. Mr. James stated that the Commission could table this item tonight, and the ordinance could be cleaned up and schedule a meeting with folks who have issues to discuss. Mr. Dahle motioned to table this item until the next meeting on July 22, 2015. Mr. Crawford seconded the motion. Vote was 6-0. Motion carried.

6. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Waiver – On-site Sewage Facility associated with PC2015-017 Consider and act upon a request for approval of a waiver regarding an on-site sewage facility for Block 1, Lot 1, of the Texas Curb Cut Subdivision, an approximately 5 acre tract of land located at 7705 FM 482.

Mr. Cox presented this item by stating that the Applicant is proposing to develop approximately 5 acres of land into one (1) commercial lot. The applicant is seeking approval of a waiver to install a privately owned On-Site Sewage Facility (OSSF). The subject property is located at 7705 FM 482 and is currently developed with two (2) residential structures which share an existing septic system.


The applicant is seeking approval of a waiver to install a privately owned On-Site Sewage Facility (OSSF) which is regulated by Comal County. The site is located within the City of Schertz Certificate of Convenience and Necessity (CCN). The applicant is requesting a waiver to the required connection to a public waste water system to allow a privately owned on-site sewage facility of the lengthy distance to the nearest sewer line and costs associated with building and connecting to that line. The closest sewer connection to the subject property will be at the intersection of Abbey Road and FM 482. This segment of sewer line is currently under construction with the Town Creek sewer extension project. The estimated completion date for the Town Creek sewer project is September 2015. The subject property sewer line would require to be extended approximately 3,400 feet along FM 482 to reach the subject property. The Project Engineer estimates that it will cost $324,595.00 to extend the sewer line from its current location to the subject property. This extension would include the installation of seven (7) manholes. A 16’ sewer easement is located along the front of the property to allow for future extension of sewer services. The granting of this waiver will not have a negative impact on existing or proposed municipal infrastructure or future public sewer connections to surrounding properties. This waiver request has been reviewed with no objections by Public Works, Engineering and Planning Departments. Staff recommends approval of the waiver based on the distance to the sewer connection. Mr. Greenwald asked if this is for 2 houses hooking up to 1 septic. Mr. Stokinger, representing the Applicant, stated that this is for 2 houses and 2 septics. Mr. Evans asked if they are replacing one. Mr. Stokinger stated that they are anticipating adding a new building for their business, and the new septic would meet the requirement. Mr. Cox stated that this waiver is to allow sewer through the platting process and in this case is for septic. Mr. Greenwald motioned to approve this waiver as presented. Mr. Glombik seconded the motion. Vote was 6-0. Motion carried.

B. PC2015-017 Consider and act upon a request for approval of a preliminary plat of the Texas Curb Cut Subdivision, an approximately 5 acre tract of land situated in the Rafael Garza Survey No. 98, Abstract No. 175, City of Schertz, Comal County, Texas located at 7705 FM 482.

Mr. Cox presented this item by stating that the Applicant is proposing to preliminary plat an approximately 5 acre tract of land establishing one (1) commercial lot. The site is zoned Manufacturing- Light (M-1). The subject property is located at 7705 FM 482 and is currently developed with two (2) residential structures and an existing septic system. Access to this subdivision is proposed along FM 482. TxDOT has reviewed the access and provided comments to align the driveway with Pig Alley across FM 482 which is reflected on the plat. TxDOT is still reviewing the plat for drainage and a no objection letter from TxDOT will be provided with the final plat application. The applicant has submitted a tree affidavit which indicates that this site contains protected or heritage trees; however, no trees will be damaged or removed. A tree survey will be reviewed by the Parks and Community Services department with the final plat. The site is serviced by Schertz


water, CPS, AT&T, and Time Warner Cable. This site is serviced through an existing 8” water line that extends along the front of the property. The subject property is not currently serviced by a public wastewater system. The applicant is requesting a waiver to allow the subject property to be served by an On-site sewage facility (OSSF). A sixteen foot (16’) sewer easement is provided along the front of the property with this plat. A preliminary drainage report has been reviewed and approved by the City Engineer. Sidewalks are required along FM 482 for the length of the subdivision and will be designed to meet the City of Schertz specifications. The subject property is located adjacent to FM 482 which is identified on the Master Thoroughfare Plan as a principal arterial roadway (120 foot Right-of-Way). A thirty (30) foot wide right-of-way dedication along FM 482 has been shown on the plat for expansion of the roadway. The preliminary plat has been reviewed with no objections by the City Engineer, Public Works, Parks, Inspections, Fire and Police. The plat is consistent with all applicable zoning requirements, ordinances, and regulations. Staff recommends approval of the preliminary plat. Mr. Crawford asked if the plat has 35 ft. dedication for road expansion, and a 14 ft. electrical easement and a 16 ft. sewer easement. Ms. Wood stated that the road dedication begins at the new property line, and the scale of the 14 ft. and 16 ft. easements would be corrected at final plat. Mr. Greenwald asked if it is Green Valley water. Mr. Stokinger stated that there is a sign at the front of the property indicating Green Valley water. Mr. Crawford motioned to approve this item as presented. Mr. Dahle seconded the motion. Vote was 6-0. Motion carried.

7. REQUESTS AND ANNOUNCEMENTS

A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.

• None.


• Mr. Greenwald stated that the City had a good parade on Saturday for the Jubilee with over 100 entries.


• Ms. Wood stated that the next couple of meetings would include Building Codes and Fire Codes Amendments, and on August 12th there would be a joint meeting on the Master Thoroughfare Plan.


The meeting adjourned at 7:27 P.M.

___________________________________ ________________________________ Chairman, Planning and Zoning Commission Recording Secretary, City of Schertz


PLANNING AND ZONING MINUTES July 22, 2015

A Regular Meeting was held by the Planning and Zoning Commission on July 22, 2015 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.

PLANNING & ZONING COMMISSION Ernie Evans, Vice-Chairman Ken Greenwald Bert Crawford, Jr. Richard Braud Christian Glombik Michael Dahle

CITY STAFF Brian James, Executive Director Development Michelle Sanchez, Permit Expeditor Gil Durant, Chief Building Official Lesa Wood, Senior Planner Bryce Cox, Planner I David Covington, Fire Chief John Perry, Fire Marshall Patti White, Executive Asst. Development

COMMISSIONERS ABSENT David Richmond, Chairman

OTHERS PRESENT

1. CALL TO ORDER/ROLL CALL

Mr. Evans called the meeting to order at 6:01 P.M.


Mr. Evans stated that the Commission would wait until everyone was together to have the election.

3. HEARING OF RESIDENTS • None.

4. CONSENT AGENDA

A. Minutes for the June 24, 2015 Regular Meeting.

B. PC2015-014 Consider and act upon a request for approval of a final plat of Riata Unit 5C, an approximately 9 acre tract of land situated in the Rafael Garza Survey, Abstract No. 138 and Abstract No. 175, City of Schertz, Guadalupe and Comal Counties, Texas, generally located 750 feet south east of the intersection of Fairlawn Avenue and IH-35.

Mr. Crawford motioned to approve the consent agenda as presented. Mr. Dahle seconded the motion. Vote was 6-0. Motion carried.

5. PUBLIC HEARING

A. Hold a public hearing, consider and make a recommendation to City Council to the Schertz Code of Ordinances, Chapter 18, Buildings and Building Regulations, by


repealing existing International Codes and adopting new International Codes and adopting the revised Schertz Code of Ordinance, Chapter 18, Building and Building Regulations.

Ms. Sanchez and Mr. Durant gave a presentation with the following points:

• Project Overview Statement • Adoption of the 2012 ICC Codes is necessary because we are currently working under a

code that is nine years out of date and new industry standards have been developed to ensure public health and life safety.

• ISO (Insurance Service Office Inc) visited the City in March, 2014 to conduct a Building Code Effectiveness Grading Schedule where they learned that the Building Inspections Division was operating under the 2006 ICC Codes which falls below their minimum standards of operating within five years of a current nationally recognized published code.

• Adopt amendments to the codes based on compatibility goals associated with JBSA – Joint Base San Antonio (Randolph AFB) such as Sound Attenuation standards.

• Formally adopt State mandated codes, 2014 National Electrical Code and the 2009 International Energy Conservation Code.

• Schertz Current Codes • International Building Code (IBC) 2006 • International Residential Code for One and Two Family Dwellings (IRC) 2006 • International Gas Code (IGC) 2006 • International Mechanical Code (IMC) 2006 • International Plumbing Code (IPC) 2006 • International Property Maintenance Code (IPMC) 2006 • International Existing Buildings Code (IEBC) 2006 • International Fire Code (IFC) 2006 • National Electrical Code (2014) – *State Mandated (9-2014) • International Energy Conservation Code (2009) – *State Mandated (1-2014)

• Code Comparison Benchmark Cities and Surrounding Cities • New Braunfels – 2006 International Codes; 2005 NEC; 2004 IECC • San Marcos – 2015 International Codes; 2014 NEC; 2009 IECC • Temple – 2009 International Codes; 2008 NEC; 2009 IECC • Georgetown – 2012 International Codes; 2014 NEC; 2000 IECC • Pflugerville – 2012 International Codes; 2011 NEC; 2012 IECC • Cibolo – 2015 International Codes; 2015 Unified Plumbing Code; 2011 NEC • Selma – 2012 International Codes; 2014 NEC • Live Oak – 2015 International Codes; 2014 NEC • Universal City – 2012 International Codes; 2014 NEC • Converse – 2009 International Codes; 2014 NEC • San Antonio – 2015 International Codes; 2014 NEC

• Codes Proposed for Adoption • International Building Code (IBC) 2012 • International Residential Code for One and Two Family Dwellings (IRC) 2012 • International Fuel Gas Code (IFGC) 2012 • International Mechanical Code (IMC) 2012 • International Plumbing Code (IPC) 2012 • International Property Maintenance Code (IPMC) 2012 • International Existing Buildings Code (IEBC) 2012


• International Swimming Pool and Spa Code (ISPSC) 2012 • International Energy Conservation Code (2009) *State Mandated • National Electrical Code (2014) *State Mandated • Manual of Cross Connection Control – 10th Edition • International Fire Code (IFC) 2012 will be adopted by separate ordinance

• Summary of Amendments Proposed • Pg 2 – In General

• Reinstate scheduling of inspections • Reinstate contractor registration requirements; change general liability

requirements to comply with state law • Pg 8 – Board of Appeals

• Repealing all sections referencing Board of Appeals or Means of Appeal throughout International codes and defining the Board of Appeals as established by the Unified Development Code, Article 3.

• A title was established for each International code adopted to read that these regulations shall be known as the [specific code] of the City of Schertz, Texas hereinafter referred to as “this code”.

• Pg 9 - International Building Code (IBC) • Exemption to permit requirements

• Residential one-story detached accessory structures less than 120 square feet unless located within a flood hazard area; and unless there is a foundation proposed, a flatwork permit is required.


• Pg 10 - Defined replacement fence • Pg 12 – IBC

• Design Professional • Adopted in November 2000 requires an architect or engineer to seal plans

for most commercial occupancies and all single family residential property regardless of size. Proposed amendment is to exempt residential remodels or additions with the exception of the foundation.

• Pg 16 - IBC • Sound Transmission Standards for High Noise Areas - interior construction

standards to mitigate air traffic noise (RAFB) • Pg 21 – International One and Two Family Dwelling Code (IRC)

• Exemption to permit requirements • Residential one-story detached accessory structures less than 120 square

feet unless located within a flood hazard area; and unless there is a foundation proposed, a flatwork permit is required.


• Defined replacement fence • Pg 24 – IRC

• Design Professional • Proposed amendment is to exempt residential remodels or additions with

the exception of the foundation. • Pg 25 – IRC

• Authority to Disconnect Service Utility Minutes P&Z Meeting July 22, 2015 Page 3 of 8

• Restriction on portable generators for permanent residential use • Exception: during emergency situations when authorized

• Pg 25 – IRC • Defined Residential Arbors

• Pg 29 – IRC • Sound Transmission Standards for High Noise Areas - interior construction

standards to mitigate air traffic noise (RAFB) • Pg 33 – National Electrical Code (NEC) 2014

• Add kitchen branch circuit requirements • Require an exterior service disconnect for fire safety

• Pg 33 – International Fuel Gas Code (IFGC) • Only amendment is to title, means of appeal and adoption of Appendices

• Pg 34 - International Mechanical Code (IMC) • Only amendment is to title and means of appeal

• Pg 35 – International Plumbing Code (IPC) • Require port-o-lets every 500 feet at construction sites • Prohibit cellular core pipe below grade for sewer service

• Pg 36 – International Property Maintenance Code (IPMC) • Identified maximum weeds and grass height to 8 inches • Add clarification to Accessory Structures to identify non-compliance of accessory

structures that are out of vertical alignment • Pg 36 – International Energy Conservation Code (IECC)

• Only amendment is to the title and board of appeals • Pg 37 – Manual of Cross-Connection Control

• Irrigation Backflow Device Location - establishes a location for residential and commercial irrigation devices

• Pg 38 - International Swimming Pool and Spa Code (ISPSC) • Only amendment is to the title, means of appeal and adoption of appendices

• Pg 39 - International Existing Building Code (IEBC) • Only amendment is to the title and board of appeals

• Summary of Public Input Process • Schertz Chamber Round Table – April 2, 2015 • Posted 1st Draft Ordinance on Website – April 10, 2015; 2nd draft on May 29, 2015; final

draft on July 6, 2015. • City Council Workshop - April 14, 2014 • Construction Industry Meetings – April 16 and June 19, 2015. Draft Ordinances were sent

to contractors as well. • Planning and Zoning Commission – April 22 and July 8, 2015 • Economic Development Corp – April 23, 2015 • City Council – Public Hearing, Presentation of Amendments, 1st Reading – July 28, 2015* • City Council, 2nd Reading – August 4, 2015* • Proposed effective date – October 1, 2015*

* Revised Dates The City Council has determined a need to revise current building codes with regard to sanitation, fire, building, plumbing, mechanical, fuel/gas and electrical requirements. The revisions proposed are intended to ensure the proper construction of structures built in the City and to follow compliance with the requirements of the Insurance Service Office Inc. It is the City’s desire to


protect the safety and welfare of the community through regulation of certain construction activities within the City. Development Services staff met with several focus groups that included Homebuilders, Electricians, Plumbers, Mechanical Contractors, the Economic Development Corporation, the Schertz Chamber, Residents and HOA groups to gain their input on the proposed code changes. The proposed changes were also posted on the Schertz Website for comment since March 2015. Only three comments were received as of June 19, 2015. Each group provided beneficial feedback and offered recommendations based on industry standards and experience. Staff conducted a public hearing at the Planning and Zoning Commission meeting on April 22, 2015. Two contractor meetings were held on April 16 and June 19, 2015 to receive additional public comment and to provide the opportunity to ask questions and offer recommendations. Revisions and clarifications to the proposed ordinance resulted from the focus group and the Planning and Zoning Commission meetings. Building code adoption and amendments include:

• Adoption of the following codes: • National Electrical Code 2014 (mandated by the State) • International Energy Conservation Code 2009 (mandated by the State • International Building Code (IBC) 2012 • International Residential Code for One and Two Family Dwellings (IRC) 2012 • International Fuel Gas Code (IFGC) 2012 • International Mechanical Code (IMC) 2012 • International Plumbing Code (IPC) 2012 • International Property Maintenance Code (IPMC) 2012 • International Existing Buildings Code (IEBC) 2012 • Manual of Cross Connection Control • International Swimming Pool and Spa Code 2012 (ISPSC) • Establish Sound Attenuation Standards as requested by Joint Base San Antonio. • Exempt residential remodels and additions from the requirement to use Design

Professionals to prepare plans. • Exempt residential siding, replacement fences and accessory structures less than 120

square feet from permitting unless a foundation is proposed or the property is located within a floodplain hazard area.

• Amend the International Plumbing Code to require port-o-lets every 500 feet at construction sites; prohibit the use of cellular core Drain Waste Vent pipe below grade.

• Amend the International Property Maintenance Code to identify non-compliance of accessory structures that are out of vertical alignment.

• Establish locations for residential and commercial irrigation backflow and cross-connection devices.

• Amend the National Electric Code to limit the number of duplex receptacles on certain circuits; require a main service disconnecting means on the exterior of a building.

• Reinstate contractor registration and insurance requirements according to state law. • Reinstate inspection scheduling requirements.

Although there is no requirement within the Building Code or the Unified Development Code for the Planning and Zoning Commission to review the proposed building code changes or offer a recommendation, it is the desire of the City Council that the Commission examine the proposed changes and offer a recommendation.


Staff recommends that Ordinance 15-C-20 amending Chapter 18, Buildings and Building Regulations be approved as presented by staff. Mr. Evans opened the Public Hearing at 6:21 P.M:

• James Leonard, Greater San Antonio Builders Association (GSABA), 3625 Paesano Parkway, San Antonio, TX spoke on meetings with staff as a resource, revenue report and personnel.

• Liz Richter, D.R. Horton, 3562 Paesano Parkway, spoke on plan review time and consistency.

• Chris Jurgens, VP of Operations D.R. Horton, 3562 Paesano Parkway, spoke on design engineers and prepour.

• Jay McJunkin, 3562 Paesano Parkway, spoke on the plan size requirement of 24 x 36. • Tim Pruski, GSABA and Bella Vista Homes, 3562 Paesano Parkway, spoke on sound

attenuation. • Greg Asvestas, MLAW Engineers, 3625 Paesano Parkway, San Antonio, TX spoke on

submittal documents. • Rick Bowman, MLAW Engineers, 3625 Paesano Parkway, San Antonio, TX spoke on

foundation requirements. • Clayton Morris, 24906 Roosevelt Court, Tomball, TX spoke on engineers on site and

stiffer foundations. • Amir Shekarchi, SA Engineering Company, 12719 Spectrum Drive, San Antonio, TX

spoke on engineers on site. • Joe Leos, D.R. Horton deferred his time to James Leonard, GSABA, spoke on engineering

requirements, and staffing. • Matt Cosgrove, 5408 North Graytown Road, Schertz, TX spoke on building a house and

planting trees on his property.

Mr. Evans closed the public hearing at 7:24 P.M.

Mr. Evans stated that in the past we discussed laying out specific standards such as stiffer pads to get better quality construction, and if this is mandated, is that an option. Mr. James stated yes, and that we discussed these requirements because they do impose an increased cost. One of the challenges we faced was that the engineer designed the foundation to the soils to perform as it should, but it did not happen. We still are open to discussions because at the end of the day it is our objective to get better quality homes for the homeowners, and we may come back to modify some restrictions. Mr. Glombik stated that he would rather see a consensus from Staff. Mr. Dahle asked about the recommendation to take out the sound attenuation. Mr. James stated that this is a construction standard to be placed in the building code. Discussion continued between Staff and the Commission. Mr. Dahle motioned to forward this item to City Council with a recommendation to approve. Mr. Crawford seconded the motion. Vote was 5-1 with Mr. Braud voting nay. Motion carried.

B. Hold a public hearing, consider and make a recommendation to City Council on an amendment to the Schertz Code of Ordinances, Chapter 30, Fire Prevention and Protection, by amending existing International Codes and adopting new International Codes.


Mr. Perry and Mr. Covington gave a presentation with the following points: • Purpose

• Purpose of the International Fire Code is for construction and occupancy safety. • The IFC sets a minimum for safety standards in commercial and multi-family occupancy. • The IFC covers life safety for both the occupants and responders. • There has not been an amended fire code in the City of Schertz since the adoption of the

IFC 2006. • That is a 9 year time frame. There were a number of changes over that period of time • Many of the proposed amendments are modeled after the City of San Antonio’s Fire Code

Ordinance. o By doing this we will not be introducing unfamiliar codes to the area.

• By making these amendments we will also be codifying any unwritten or vague standing rules.

• Added Codes and Chapter • The IFC 2012 has added the requirements for expanded radio coverage in new construction

as well as requirements for existing buildings. • The IFC 2012 also contains a chapter on existing buildings.

• Amendments • The main portion of the changes were additions and modifications to the current codes to

clarify and simplify them. • A number of the sections leave the final approval up to the fire chief and/or fire code

official. In many of those instances we specified what would be allowed or not allowed. • Definitions were add for clarity. • Clarified Change of Occupancy Definition-Change of Certificate of Occupancy (ownership

change) • Fire Lanes – Provided clear definitions and examples of what is acceptable for the marking

and identification of fire lanes. • Standpipes – Coverage of buildings greater than 10,000 sq ft in area will have requirements

for horizontal coverage as well as the existing vertical requirements that are in the IFC 2012.

• Mobile Food Establishments and Food Booths – A section was added to cover mobile cooking establishments such as food trucks and food booths. These will be inspected on fire and life safety due to the use of LP gas and production of grease laden vapors which require special types of fire extinguishing agents.

• Trade Shows and Conventions –Allows food booths to operate under and follow rules of the mobile food establishments.

• Underground Fuel Storage Tanks-Clarified inventory control records and record keeping. This will allow for review of records to monitor for leaks or unaccounted for loss of product.

• Fire Drills in Educational Facilities-Information and guidelines have been implemented in schools previously but, have not been in writing until now.

• Permits-There are additions that will trigger the need for a permit. The fees will be minimal. The main purpose of the permit is to ensure an inspection is performed for safety.

Mr. Evans opened the Public Hearing at 8:22 P.M.


There being no one to speak, Mr. Evans closed the Public Hearing at 8:23 P.M. Mr. Braud asked about controlling fireworks outside the city limits in the code. Mr. Perry stated that this has been corrected, and we cannot do that. Mr. Perry further stated that they cannot confiscate unopened fireworks, but a citation can be issued following state law. Mr. Dahle stated that he called about fireworks in the south end and there was no response. He would hope that there would be dedicated staff for New Year’s Eve. Mr. Perry stated that they try to post on the web site and get information out, but if people use fireworks they are still going to do it. Discussion followed between Staff and the Commission. Mr. Greenwald motioned to forward a recommendation of approval to City Council with corrections as stated by Mr. Crawford and Mr. Braud. Mr. Glombik seconded the motion. Vote was 6-0. Motion carried.

6. REQUESTS AND ANNOUNCEMENTS

A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.

• None.


• None.


• Ms. Sanchez stated that the Texas APA Conference would be in Galveston this year from October 7 to October 9, 2015.

• Ms. Sanchez stated that city shirts were handed out tonight to the Commission. • Ms. Sanchez stated that the following site plans were submitted to the Planning

and Zoning Department for administrative approval between July 6, 2015 and July 17, 2015.

o Schertz Professional Center Subdivision, Lot 1, Block 1 (1739 Schertz Pkwy) – Site Plan – Proposed: 10,000 square foot Medical Office

o Walmart Supercenter #3391-00 Subdivision, Lot 15, Block 1 (5560 FM 3009) – Site Plan – Proposed: Parking lot

o Blue Ridge Center Subdivision, Lot 8, Block 1 (17605 IH-35 N) – Site Plan – Proposed: 3,753 square foot restaurant


The meeting adjourned at 8:45 P.M.

___________________________________ ________________________________ Chairman, Planning and Zoning Commission Recording Secretary, City of Schertz


PLANNING AND ZONING COMMISSION MEETING: August 12, 2015 Public Hearing Agenda Item – 5A

TO: Planning and Zoning Commission

PREPARED BY: Bryce Cox, Planner CASE: ZC2015-003 – 13183 IH-10 E - Zoning

SUBJECT: Hold a public hearing, consider and make a recommendation to City Council on a

request to rezone 13183 IH-10 East, approximately 35 acres of land, from Predevelopment District (PRE) to General Business District (GB).

GENERAL INFORMATION: Owner/ Applicant: NAJDS Property Investments Inc., Jamil Sayfi Project Engineer: Butz Land Surveying, Marshall Butz APPLICATION SUBMITTAL DATE: July 8, 2015 (Original Application) July 27, 2015 (Revised Submittal) PUBLIC NOTICE: The public hearing notice will be published in “The Daily Commercial Recorder” and the “Herald” for the August 25, 2015 City Council Meeting. There were four (4) notices mailed to surrounding property owners on July 29, 2015. At the time of this staff report one (1) response in favor of the request has been received. No responses were received neutral to or opposed to the request. ITEM SUMMARY: The applicant is proposing to rezone approximately 35 acres land from Predevelopment District (PRE) to General Business (GB). The property is located at 13183 IH 10 East. The site contains three (3) existing buildings and two (2) gas pump canopies. The site has the following existing uses; a convenience store with gas pumps, restaurant, motel, professional office, and automobile repair major. This property was annexed on July 20, 2010 by Ordinance 10-A-20. LAND USES AND ZONING: Zoning Land Use Existing Predevelopment District (PRE) Convenience Store with Gas pumps,

Restaurant, Motel, Professional Office, Automobile Repair Major

Proposed General Business District – 2 (GB-2) Convenience Store with Gas pumps, Restaurant, Motel, Professional Office, Automobile Repair Major, Alcohol Package Sales

Adjacent Properties: Zoning Land Use North Predevelopment District (PRE) Undeveloped South Right-of-way IH-10 East Predevelopment District (PRE) Undeveloped West General Business District (GB) Undeveloped

PLATTING STATUS: The subject property is not platted. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property for Highway Commercial which is intended for regional scale retail and commercial uses that can take advantage of the highway frontage. Highway Commercial areas are located at major highway intersections to maximize access to the region.

• Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for continued commercial development along IH-10.

• Impact of Infrastructure: The proposed rezoning request will have a minimal impact on the existing

water and wastewater systems.

• Impact of Public Facilities/Services: The proposed rezoning request will 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 currently surrounded by undeveloped land. The requested General Business District (GB) zoning is compatible with the surrounding land uses.

STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive Land Use Plan identifies this area as Highway Commercial to provide for commercial uses that can take advantage of the highway frontage. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan. The applicant is proposing to rezone the property from the current Predevelopment (PRE) zoning, which is intended as a temporary designation for newly annexed property, to General Business (GB) to allow for the opening of a liquor store in part of the existing building and for the future development of his property. The General Business District (GB) is intended to provide suitable area for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. It is the opinion of Staff that the General Business District (GB) is the most appropriate zoning district for this tract of land. The existing land uses of convenience store with gas pumps, restaurant, motel, and professional office at this location appear to be appropriate uses for this tract of land due to its location on IH 10. If the rezoning is granted, the land uses of restaurant, motel and professional office will be considered existing conforming uses, and the land uses of automobile repair major and convenience store with gas pumps will be

2

considered existing nonconforming uses and subject to the restrictions identified in UDC Article 7 Nonconforming Uses, Lots and Structures. Staff recommends approval of the rezoning application 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: Aerial (Maps) Public Hearing Notice Map Public Hearing Responses Exhibit

3

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Bexar County

339286HERRERA JOYLENE S

339790RAWE REAGAN & JEANNE

1115356DIRT DEALERS XV LTD

339362ZUERCHER EVELYN

339298MARTIN LORRAINE & STAPPER ELDRED JR ETAL

339780

KOZLOWSKI PAUL

339314

1518 LAND INVESTMENTS LP

339359CANO JULIAN & RURAL PLACES IN TX LLC

340041

ROHDE DANNY A1103440

NAJDS PROPERTY INVESTMENTS INC

340042

SMITH & SONS INC339310


339313


339374NAJDS PROPERTY INVESTMENTS INC

340082

SAYFI JAMIL A

340040

WINFIELD BRENDA CABRERA

340100

TEN POINT ONE INVESTMENTS

340048

SAYFI JAMIL A340084

SAYFI JAMIL A

340083

SAYFI JAMIL A

340081

NAJDS PROPERTY

INVESTMENTS INC

339311


339312


340047

COUNTRY VILLAGE ESTATES INC

340046KUNTZ ERIC C


250' Highway (IH 10)

120' Expansion (FM 1518)

IH 10 E

E FM 1518 N

IH 10 E ACCESS RD

ROBIN HOOD WAY

SHERLOCK LN

IH 10 E

IH 10 E ACCESS RD

4 1 Inch = 250 Feet13183 IH 10 E0 500 1,000250

Feet

U Hydrant!P Manholes

200' Buffer

<all other values>HighwaysMajor RoadsMinor Roads

60' Expansion60' Proposed60' Extension



AbandonOther CitiesFuture TXDOTHighway

1"

2"

3"

4"

6"

8"

10"

12"

16"

18"

20"

24"

30"

36"

Schertz GravitySchertz Pressure

Neighboring GravityPrivate Pressure

E FM 1518 N

IH 10 E

E FM 1518 N(339314)

13085IH 10 E

(339373)

13331IH 10 E

(340041)

IH 10 E(1103440)

13183IH 10 E

(339374)

E FM 1518 N(1115356)

4200' Bu ffer Pa rcel Bou nda riesLa st Upda te: Ju ly 13, 2015“Th e City of Sc h ertz provides th is Geog ra ph ic Inform a tion System produ c t "a s is" with ou t a ny express or im pliedwa rra nty of a ny kind inc lu ding b u t not lim ited to th e im plied wa rra nties of m erc h a nta b ility a nd fitness for a pa rtic u la r pu rpose.In no event sh a ll Th e City of Sc h ertz b e lia b le for a ny spec ia l, indirec t or c onsequ entia l da m a g es or a ny da m a g es wh a tsoever a rising ou t of or in c onnec tionwith th e u se of or perform a nce of th ese m a teria ls. Inform a tion pu b lish ed in th is produ c t c ou ld inc lu de tec h nic a l ina c c u ra c ies or typog ra ph ic a l errors. Periodic a lc h a ng es m a y b e m a de a nd inform a tion m a y b e a dded to th e inform a tion h erein. Th e City of Sc h ertz m a y m a ke im provem ents a nd/or c h a ng es in th e produ c t(s)describ ed h erein a t a ny tim e.”

City of Sc h ertz, GIS Spec ia list: Bill Ga rdner, g is@sc h ertz.c om (210) 619-1185

City of Sc h ertz13183 IH 10 E

R EZO NE - 34.964 ACR ES 0 400 800 1,200200Feet

PLANNING AND ZONING COMMISSION MEETING: August 12, 2015 Public Hearing Agenda Item – 5B

TO: Planning and Zoning Commission

PREPARED BY: Lesa Wood, Senior Planner CASE: ZC2015-004 – 807 Main Street - Zoning

SUBJECT: Hold a public hearing, consider and make a recommendation to City Council on A

request to rezone 807 Main Street, approximately 0.25 acres of land, from Single-Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU).

GENERAL INFORMATION: Owner/ Applicant: Gary Pierce APPLICATION SUBMITTAL DATE: July 10, 2015 (Original Application) PUBLIC NOTICE: The public hearing notice will be published in “The Daily Commercial Recorder” and the “Herald” for the August 25, 2015 City Council Meeting. There were fifteen (15) notices mailed to surrounding property owners on July 29, 2015. At the time of this staff report one (1) response in favor of the request has been received. No responses were received neutral to or opposed to the request. ITEM SUMMARY: The applicant is proposing to rezone approximately .25 acres land from Single-Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU). The property is located at 807 Main Street. The site has an existing 2,500 square foot building that is currently vacant. LAND USES AND ZONING: Zoning Land Use Existing Single-Family Residential District - 2 (R-2) Vacant Proposed Main Street Mixed Use District (MSMU) Commercial

Adjacent Properties: Zoning Land Use North Single-Family Residential District - 2 (R-2) Single Family South Right-of-way / General Business (GB) Main Street/ Automobile Repair East Single-Family Residential District - 2 (R-2) Undeveloped West Single-Family Residential District - 2 (R-2) Multi-Family

PLATTING STATUS: The subject property is not platted.

CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of Historic Downtown Schertz. The objectives for Historic Downtown Schertz are to leverage Schertz’s history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The Main Street Mixed-Use District (MSMU) was created to help achieve these objectives. The Main Street Mixed-Use District (MSMU) is intended to provide a base zoning district to the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single-family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints.

• Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for either single family or low intensity commercial occupancy at 807 Main Street.

• Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing

water and wastewater systems.

• Impact of Public Facilities/Services: The proposed rezoning request will have a no 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 currently surrounded by commercial, multi-family and single family land uses. The Main Street Mixed-Use District (MSMU) will allow for either low intensity commercial or single-family residential.

STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz which is intended to leverage Schertz’s history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. The applicant is proposing to rezone the property for the current single-Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU), to allow for low intensity commercial land uses that are permitted in the Main Street Mixed Use District (MSMU). The property was originally built as a single family residence and was later converted into a commercial structure which most recently was occupied by a florist shop. Based on the Comprehensive Land Use Plan and surrounding land uses, it is the opinion of Staff that the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application 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.

2

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 Public Hearing Responses Exhibit Property Survey

3

MAIN ST

EXCHANGE AVE

PFEIL ST

R-2

MSMU

GB

R-2

GBMAIN ST

EXCHANGE AVE

PFEIL ST

R-2GB

R-2

GB

FM 78MAIN ST

CURTISS AVE

PFEIL ST

EXCHANGE AVE

SCHERTZ PKWY

BECK ST

MILL ST

4

(PRE) Pre -De ve lopm e nt(PDD) Planne d De ve lopm e nt(PUB) Public Use(R-A) Single -fam ily Re sid e ntial/Agricultural(R-1) Single -Fam ily Re sid e ntial(R-2) Single -Fam ily Re sid e ntial(R-3) Two-Fam ily Re sid e ntial(R-4) Apartm e nt/M ulti-Fam ily Re sid e ntial(R-6) Single -fam ily Re sid e ntial(R-7) Single -fam ily Re sid e ntial(GH) Gard e n Hom e /Single -Fam ily Re sid e ntial (Z e ro Lot Line )

(TH) Townhom e(M HS) M anufacture d Hom e Subd ivision(M HP) M anufacture d Hom e Parks(GB) Ge ne ral Busine ss(GB-2) Ge ne ral Busine ss II(O P) O ffic e and Profe ssional(NS) Ne ighborhood Se rvic e s(M SM U) M ain Stre e t M ixe d Use(M -1) M anufac turing (Light)(M -2) M anufac turing (He avy)(DV L) De ve lopm e nt Agre e m e nt (De laye d Anne xation)

CURRENT PRO PO SED

Propose d Z oning Change s Division No. 10 G. M alpaz Le ague & LaborSurve y No. 67, Se c tion 3

O RD 15-S-xxLast Upd ate : August 6, 2015

“The City of Sc he rtz provid e s this Ge ographic Inform ation Syste m prod uct "as is" without any e xpr e ss or im plie dwarranty of any kind inc lud ing but not lim ite d to the im plie d warrantie s of m e rc hantability and fitne ss for a partic ular purpose .In no e ve nt shall The City of Sc he rtz be liable for any spe c ial, ind ire c t or c onse que ntial d am age s or any d am age s whatsoe ve r arising out of or in c onne c tionwith the use of or pe r form anc e of the se m ate rials. Inform ation publishe d in this prod uct c ould inc lud e te c hnic al inac c urac ie s or typographic al e r rors. Pe riod ic alc hange s m ay be mad e and inform ation m ay be ad d e d to the inform ation he re in. The City of Sc he rtz m ay make im prove m e nts and /or c hange s in the prod uct(s)d e sc ribe d he r e in at any tim e .”

City of Sc he rtz, GIS De partm e nt: gis@sc he rtz.c om(210) 619-1184 0 40 80 120 160 20020

Fe e t

BEARING BASIS: RECORD, VOL.433, PG. 476

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0. 252 ACRE SURVEYG. MALPAS LEAGUE & LABOR

SURVEY 67

5-5 1

F5' cbGUADALUPE COUNTY, TEXASIx

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Being all that certain tract or parcel of land lying in Division 10of the G. Malpaz League and Labor, Survey no. 67, Section 3,Guadalupe County, Texas, same also lying within the corporate

limits of the City of Schertz, same also being a portion of a 0. 218acre tract of land as described in volume 878, page 949, and a

PGRGS portion of a 0. 057 acre tract of land described in volume 878, pageP 951, Deed Records of Guadalupe County, Texas and more particularly

O 65 described as follows:JG`-•

t/ TIRE BEGINNING at a 1/ 2" iron rod set at the intersection of the

J, southwest line of the aforementioned 0. 218 acres and the northwest

o° line of Main Street for the south corner;

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0 ; THENCE along the southwest line of the aforementioned 0. 218 acres

OF and the northeast line of a 1. 01 acre tract of land described ingo O,

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O N30° 20' 00" W a distance of 114 . 67 feet to a 1/ 2" iron rod set for

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9 1 PQG , 00 in volume 656, page 14, Deed Records of Guadalupe County, Texas,00 i N59° 40' 00" E a distance of 76. 00 feet to a 1/ 2" iron rod found for

s ,

IO;\ the most westerly north corner;

oAP THENCE along the northeast line of the aforementioned 0. 218 acres

g volume 878, page 949) and the southwest line of a 0. 33 acre tract0 5- of land described in volume 537 , page 799, Deed Records of

Ric, G

P Guadalupe County, Texas, S30° 20' 00" E a distance of 25 . 00 feet to a

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and the southeast line of the aforementioned 0. 33 acres,N59° 40' 00" E a distance of 25. 00 feet to a 1/ 2" iron rod set for a

Iti9 north corner;

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THENCE along the northeast line of the aforementioned 0. 218 acres

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and the southwest line of a 0. 189 acre " First Tract" as describedP °

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in volume 591, page 109, Deed Records of Guadalupe County, Texas,10

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S30° 20' 00" E a distance of 90. 26 feet to a 1/ 2" iron rod set in the

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Pnorthwest line of Main Street for the east corner;

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THENCE along the northwest line of Main Street, S60° 00' 00" W a

distance of 101. 00 feet to the Place of Beginning containing 0. 252w/ M P s, acres of land.

1/ SIRS . PP 5.

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THE STATE OF TEXAS X

P X KNOWN TO ALL MEN BY THESE PRESENTS:COUNTY OF BEXAR X

I, John T. Kubala, a Registered Professional Land Surveyor, doc

9!3

hereby certify that the above plat and field notes were preparedusing information obtained by an on the ground survey made under my

i direction and supervision in September, 1993 .

This survey was performed with the benefit of a TitleCommitment ( GF. Na. 25172) dated August 2, 1993, and only therecorded easements shown hereon were reviewed by Civil DesignServices.

c

Date 30 day of r ,gR 1993, A. D.

P E.OF. TFy9

n T. Kubala

JAY' 4.plA

R

o* egistered Professional Land SurveyorNo. 4505 - State of Texas

JOHN T. KUBA LA

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20 10 0 20 40

SCALE IN FEET

DESIGNED BY

0 . 252 ACRESDRAWN BY COVV--,V ° o)l etiem ° 0 aMIICEEN

SHEET NO.CITY OF SCHERTZ , TEXASCHECKED BY CONSULTING ENGINEERS • LAND SURVEYORS DIVISION NO . 1 0, G. MALPAZ LEAGUE 8C LABOR 1REVIEWED BY SURVEY NO. 67 SECTION 3

OF SHEETS

10223 McALLISTER FREEWAY • SUITE 105 • SAN ANTONIO, TEXAS 78216 • 512- 344- 7644 FILE NO.NO DATE REVISION BY

DATE GUADALUPE COUNTY, TEXAS

PLANNING AND ZONING COMMISSION - 216.45.71.196216.45.71.196/Weblink/1/edoc/292004/PZ 08-12-2015 AGENDA (Special... · The Planning and Zoning Commission will hold a public hearing

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