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Min P&Z 05/12/2021 p O � r'O f TfXA�' -0ty of(:hu&x:' J PLANNING AND ZONING MEETING 200 S.Main Street, Cibolo TX 78108 May 12,2021 6:30 PM MINUTES 1. Call to Order—Meeting was called to order by Chairman Ms.Latimer at 6:31 p.m. 2. Roll Call and Excused Absences—Members Present:Ms. Latimer,Mr.Benson,Mr:Hetzel,Mr.Frias,and Mr. Ragland(arrived at 6:33-p.m.). Members Absent:Mr.M.Hicks and Ms. Gray.Mr.Frias made the motion to excuse the absence of Mr.Hicks. Motion was seconded by Mr.Benson. For:All;Against;None. Motion carried 4 to 0. 3. Invocation/Moment of Silence—Ms.Latimer gave the invocation. 4. Pledge of Alle ig ance—All in attendance recited the Pledge of Allegiance. 5. Oath of Office—Not at this time(member absent). 6. Citizens to be Heard This is the only time during the Planning and Zoning Commission meeting that a citizen can address the Planning and Zoning Commission. It is the opportunity for visitors and guests to address the Commission on any issue to include agenda items.All visitors wishing to speak must fill out the Sign-In Roster prior to the start of the meeting.Planning and Zoning Commission may not debate any non-agenda issue;nor may any action be taken on any non-agenda issue at this time;however,the Planning and Zoning Commission may present any factual response to items brought up by citizens. (Attorney General Opinion—JC 0169)(Limit of three minutes each.) All remarks shall be addressed to the Commission as a body, and not to any individual member thereof.Public criticism of the Commission or any action,policy, program, or service provided by the City is not prohibited. However, any person making personal, impertinent,or slanderous remarks to individual members of the Commission while addressing the Commission may be requested to leave the meeting. DUE TO THE GOVERNOR'S DECLARATION,WE CANNOT HAVE MORE THAN 40 PEOPLE IN THE COUNCIL CHAMBERS DURING THIS MEETING AND MAINTAIN SOCIAL DISTANCING. This meeting is livestreamed. If anyone would like to make comments on any matter regarding the City of Cibolo.or on an"agenda item and have this item read at this meeting, please email pcimics@cibolotx.gov or.text 210-514-3495 before 6:00pm the date of the meeting. No citizens signed up to be heard. 7. Consent Agenda A. Approval of the minutes from April 14,2021. Mr.Frias made the motion to approve the consent agenda. Motion was seconded by Mr.Hetzel. For: All;Against:None. Motion carried 5 to 0. 8. Public Hearings A. The City of Cibolo Planning and Zoning Commission will conduct a public hearing to hear public testimony concerning a Comprehensive Sign Program for HEB Grocery,Fuel and Carwash,located at the intersection of FM 1103 and Main Street. l This item was briefed by Mr.Dale of the Planning&Engineering Department to the members of the P&Z Commission. Ms.Latimer opened the public hearing at 6:37 p.m. No one wish to speak and Ms. Latimer closed the public hearing at 6:38 p.m. B. The City of Cibolo Planning and Zoning Commission will conduct a public hearing to hear public testimony regarding a Conditional Use Permit(CUP) for local convenience store sales and drive-thru window uses located at 3893 Cibolo Valley Drive, Suite 107. Mr. Dale briefed the P&Z Commission on this item. Ms. Latimer opened the public hearing at 6:42 p.m. No one spoke on this item and Ms. Latimer closed the public hearing at 6:43 p.m. 9. Discussion/Action Items A. Discussion/Action and Recommendation to the Mayor and City Council regarding a Conditional Use Permit (CUP)for local convenience store sales and drive-thru window uses located at 3893 Cibolo Valley Drive, Suite 107. Mr.Frias made the motion to recommend to the City Council approval regarding a Conditional Use Permit (CUP) for local convenience store sales and drive-thru window uses located at 3893 Cibolo Valley Drive, Suite 107 with the following condition that the appropriate signage and stripping is incorporated and also that the TIA is approved by the city. Motion was seconded by Mr. Hetzel. For: Ms. Latimer,Mr. Hetzel, Mr. Frias, and Mr. Ragland. Mr. Benson had stepped out and was not in the meeting when the vote was taken. Motion carried 4 to 0. B. Discussion/Presentation by a representative from Green Valley SUD regarding wastewater projects within their service area. The commission received a report from Green Valley SUD regarding wastewater projects and pump-and- haul.in Cibolo ETJ. They stated that they would be glad to come back to this commission every few months to give an update on SVSUD issues. C. Discussion/Action on the Final Plat of Legendary Trails Subdivision Unit 1, within the City's Extra- Territorial Jurisdiction. This item was briefed by City Engineer Mr. Klein. Mr. Klein stated that he recommended deny due to storage capacity. Mr.Buck Benson from Cude Engineering stated that they had checked all the boxes other then sewage capacity that the City Engineer stated. Mr. Benson stated that this is a big deal to his clients that cannot sell homes due to a denial. Mr. Benson stated that the city does not have a policy concerning pump and haul nor does TECQ. All information has been turned into the city and the developer does not know what else they need to do as they have no control Green Valley SUD. Next time you see an attorney on this item will be for a deposition on this item as my client has no other choice if they cannot sell homes when they had spent millions of dollars on this project. Ms.Latimer stated that the P&Z Commission will go into executive session at 8:41 p.m.under Texas Gov't Code Session 551.071 Consultation with Attorney. The P&Z Commission reconvened into open session at 9:46 p.m. Ms. Latimer made the motion to deny the plat as they 1. Fails access and extension of sewer main because under TLG Code 212.010 a.Fails to take into account access to and extension of sewer main because there is no funding, construction plans or easements acquired for permanent access to sewer b. Fails to conform to UDC and fails to promote the health and safety morals or general welfare of the municipality and the safe orderly and healthful development of the municipality.2.UDC 19.8(B)2018 and 2021 =Fails to provide for a connection to a wastewater system that has adequate capacity or adequate facilities as stated in the opinion of the City Engineer. 3. 2018 UDC 20.3.4A a2/2021 UDC 20.3.4(A)(1) (6)a.Failed to submit engineering/construction plans and studies of the sanitary sewer system showing the location and method of connecting the proposed sewer system into the existing sanitary sewer system or temporary treatment plant as stated in the opinion of the City Engineer. b. There is no contract or provision for the lots not discussed in the pump and haul contract.c: The contract that does exist does not provide for adequate safeguards if one or more entities involves in this default. d. The GVSUD sewer line extension is to early in the planning stages to provide adequate reassurance of service. 4. 2018 UDC 20.3.3(9)(c)— 2021 UDC 203.3G(3)a. The approval of the plat would be harmful to the health safety or general welfare of the City because of the—a.Extreme possibilities of leaks and spills using pump and haul and the smell, b. the chance of overflowing equipment if the power fails or trucks are unable to reach due to weather or equipment and general health and safety, welfare of people from any and all airborne diseases that might occur due to frequent pumping.Motion was seconded by Mr.Benson. For:Mr.Benson,Ms.Latimer,and Mr. Ragland;Against: Mr.Frias and Mr.Hetzel. Motion carried to deny 3 to 2. D. Discussion/Action on the Preliminary Plat of Legendary Trails Subdivision Unit 4,within the City's Extra-Territorial Jurisdiction. This item was pulled by the applicant. E. Discussion/Action on the Final Plat of Grace Valley Ranch Phase 1, within the City's Extra- Territorial Jurisdiction. Briefed to the P&Z Commission by Mr.Klein. Staff and City Engineer recommends deny of this plat. Mr. Benson representing the developer wanted to know why they were not notified sooner of capacity if this was a problem since plans had been given to the city. The commission and Mr. Benson representing the developer had same conversation as in 9C. Commission went into executive session at 10:24 p.m. Mr. Frias made the motion to approve the Final Plat of Grace Valley Ranch Phase 1, within the City's Extra- Territorial Jurisdiction with the following conditions: 1. Validate and verify that GVSUD has secure funding for their sewer line from FM78 to development. 2. Provide new Service Agreement from Green Valley to Cibolo City's Engineer that includes safety and welfare a plan of action on any issues that would come up based on his concerns. 3. Produce a 100%Engineer Construction Plan of sewer line from Green Vallely. 4.Based on Pump-and-Haul only 25 homes are allowed to connect.5.Green Valley to re-do their calculations instead of 300 homes to convert to 500 radio. 6. Providing adequate storage tanks. Based on UDC 19.8 (B)(2018 &202 1) and 2018'UDC 20.3.4. (A) a2 0 2021 UDC 20.3.4(A) (1). Motion was seconded by Mr.Hetzel. Ms.Latimer stated she had concerns with the conditions as we have no authority to make sure those conditions are met or enforced. No vote taken at this time. The P&Z Commission went into executive session at 11:05 p.m. under Texas Gov't Code Session 551.071 Consultation with Attorney. P&Z Commission reconvened into regular session at 11:22 p.m. Mr. Frias withdrew his previous motion and Mr. Hetzel seconded. Mr. Frias made the motion to approve the Final Plat of Grace Valley Ranch Phase 1., within the City's Extra-Territorial Jurisdiction with the following conditions: 1. Produce official letter of GVSUD secured funding of sewer lime from FM78 to development. 2.Revise Service Agreement to include Contingency Plan for safety and emergency. 3. Produce GVSUD 100% Construction Engineer Plan of Sewer Line from Treatment Plant to Development. 4. Twenty-five (25) homes only allowed on Pump-and-Haul System. 5. Five hundred (500) gallon per dwelling unit calculation and storage of tanks.Citations to Law:TLGC 212.010(a)(2)and a(4),UDC 19.8 (B)(2018& 2021),2018 UDC 20.3.4(A)a2—2021 UDC 20.3.4(A)(1)(B),2018 UDC 2033(9)(C)—2021 UDC 20.3.3 (G)(3). Motion was seconded by Mr. Hetzel. For: Mr. Frias, Mr. Hetzel, and Mr. Ragland; Against: Ms. Latimer and Mr.Benson. Motion carried for approval 3 to 2. Mr. Frias made the motion re-open item 9C. Motion was seconded by Mr. Hetzel For: Mr. Frias, Mr. Hetzel, and Mr.Ragland;Against:Ms. Latimer and Mr.Benson. Mr. Frias started to make a motion to re-consider but stopped before finishing. The City Attorney stated that the City Policy did not have anything on re-consideration so we would use Robert's Rule of Order. This states that to re-consider a motion that was already voted on the motion would need to be made by someone that originally approved to deny the plat. Motion was made by Mr. Ragland to re-consider item 9C. Motion was seconded by Mr.Frias. For:Mr.Frias,Mr.Hetzel,and Mr.Ragland;Against:Ms.Latimer and Mr.Benson. Mr. Frias made the motion to approve the Final Plat of Legendary Trails Subdivision Unit 1, within the City's Extra-Territorial Jurisdiction with the following conditions: 1. Produce official letter of GVSUD funding of sewer lime from FM78 to development. 2. Revise Service Agreement to include Contingency Plan for safety and emergency. 3.Produce GVSUD 100%Construction Engineer Plan of Sewer Line from Treatment Plant to Development.4. Seventy-five(75)homes only allowed on Pump-and-Haul System. 5. Five hundred (500) gallon per dwelling unit calculation and storage of tanks. Citations to Law: TLGC 212.010 (a) (2) and a (4), UDC 19.8 (B) (2018 & 2021),-2018 UDC 20.3.4 (A) a2 —2021 UDC 20.3.4 (A)(1)(B), 2018 UDC 20.3.3(9)(C) —2021 UDC 20.3.3 (G)(3). Motion was seconded by Mr. Ragland. For: Mr. Frias, Mr. Hetzel, and Mr. Ragland; Against: Ms. Latimer and Mr. Benson. Motion carried for approval 3 to 2. F. Discussion/Action on the Preliminary Plat of Mesa Western Subdivision Unit 1. Mr.Benson made the motion to approve the Preliminary Plat of Mesa Western Subdivision Unit 1. Motion was seconded by Mr. Frias. For:All;Against:None. Motion carries 5 to 0. G. Discussion/Action on the Preliminary Plat of Buffalo Crossing II Subdivision Unit 3A. Mr.Benson made the motion to approve the Preliminary Plat of Buffalo Crossing II Subdivision Unit 3A. Motion was seconded by Mr.Frias. For:All;Against:None. Motion carried 5 to 0. H. Discussion/Action on the Preliminary Plat of Buffalo Crossing II Subdivision Unit 4. Mr.Frias made the motion to approve the Preliminary Plat of Buffalo Crossing II Subdivision Unit 4. Motion was seconded by Mr.Benson. For:All;Against:None. Motion carried 5 to 0. 1. Discussion/Action on the Preliminary Plat of Foxbrook Subdivision Unit 5. Mr.Benson made the motion to approve the Preliminary Plat of Foxbrook Subdivision Unit S. Motion was seconded by Mr. Frias. For:All;Against:None. Motion carried 5 to 0. 10. UDC, CIP,Master Plan and Staff Updates—Ms. Gonzalez stated that the UDC is on-line. CIP will meet on May 18'. The Master Plan Committee is looking at meeting sometime late summer. 11. Items for future agendas—Ms.Latimer stated that the sub-committee will-be meeting with the Council.Ms_. Latimer also would like to see an item updating the UDC concerning pump-and-haul. 12. Adjournment—Mr. Benson made the motion to adjourn the meeting at 11:48 p.m. Motion was seconded by Mr.Frias. For, 1 Against:None. Motion carried 5 to 0. PA ED AND O THIS 9TH DAY OF JUNE 2021. Kara atimer Chairman