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10-22-2013 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL October 22, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Robin Thompson, Life Bridge Christian Church, Schertz, Texas) City Events and Announcements Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James) Announcements and recognitions by City Manager Q. Kessel) Presentations: • Presentation, discussion, and consideration and /or action regarding an authorization of a project budget and budgetary transfer of funds for the Hal Baldwin Memorial Plaza and the updating of signs in connection with the Hal Baldwin Memorial Plaza. (D. Harris/M. Spence) A. Ordinance No. 13 -T -54 — Consideration and /or action approving an Ordinance authorizing a project budget and budgetary transfer of funds for the Hal Baldwin Memorial Plaza and the updating of signs in connection with the Hal Baldwin Memorial Plaza, providing an effective date, and declaring an emergency. First & Final Reading Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council 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 10 -22 -2013 Council Agenda 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. Consent Agenda Items The Consent Agenda is considered to be self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of October 15, 2013. Q. KesselB. Dennis) 2. Ordinance No. 13 -D -43 — Consideration and /or action approving an Ordinance amending the City Code of Ordinances Section 86 -41 Stop Intersections designating a stop sign at Verde Parkway & Mid Cities Parkway. Final Reading Q. Bierschwale/L. Busch) 3. Ordinance No. 13 -D -44 — Consideration and /or action approving an Ordinance amending the City Code of Ordinances Section 86 -115 Maximum limits generally on specific street designating 30 mph on Triton, Guada Coma, and Corridor Parkway. Final Reading (J. Bierschwale/L. Busch) 4. Resolution No. 13 -R -88 — Consideration and /or action approving a Resolution authorizing a Professional Services Agreement with Ford Engineering, Inc., relating to engineering and design for the East Dietz Creek Construction project in the Arroyo Verde Subdivision, and other matters in connection therewith. Q. Bierschwale /J. Hooks) 5. Resolution No. 13 -R -89 — Consideration and /or action approving a Resolution revising the Schertz Library Advisory Board Bylaws. (B. James /G. Douglas/M. Uhlhorn) Discussion and Action Items 6. Ordinance No. 13 -D -46 — Consideration and /or action approving an Ordinance amending the City Code of Ordinances revising Section 86 -41, Stop Intersections — designating a stop sign on Oak Valley at Mesa Verde. First Reading (J. Bierschwale/L. Busch) 7. Ordinance No. 13 -S -47 - ZC2013 -011— Conduct a Public Hearing and consideration PH and /or action approving an ordinance on a request by Keith Sanders to rezone approximately 7.57 acres of land from General Business (GB) to General Business — 2 (GB -2). The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. First Reading (B. James/L. Wood) 10 -22 -2013 City Council Agenda Page - 2 - 8. Ordinance No. 13 -5 -48 - SUP2013 -002 — Conduct a Public Hearing and consideration and /or action as requested by Keith Sanders for a Specific Use Permit PH to allow RV Storage & Mini- Warehouse/Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. First Reading (B. James/L. Wood) 9. Ordinance No. 13 -5 -49 - ZC2013 -013 — Conduct a Public Hearing and consideration and /or action as requested by Petroleum Wholesale to rezone approximately 3.99 PH acres of land from Predevelopment District (PRE) to General Business — 2 (GB -2). The property is more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar County, Texas and located at 14425 IH 10 East. First Reading (B. James/L. Wood) 10. Ordinance No. 13 -5 -50 - SUP2013 -003 — Conduct a Public Hearing and consideration and /or action as requested by Petroleum Wholesale for a Specific Use PH Permit to allow a convenience store with gas pumps on approximately 3.99 acres of land from Predevelopment District (PRE) to General Business — 2 (GB -2). The property is more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar County, Texas and located at 14425 IH 10 East. First Reading (B. James/L. Wood) Roll Call Vote Confirmation Requests and Announcements 11. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 13. Requests by Mayor and Councilmembers to City Manager and Staff for information. 14. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Executive Session 10 -22 -2013 City Council Agenda Page - 3 - Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.074 Texas Government Code — Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Reconvene into Regular Session 15. Take any action deemed necessary as a result of the Executive Session. Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 18th DAY OF OCTOBER 2013 AT 4:00 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. grewda Aewtn.ibS Orenda Dennis CPM, TRMC, MMC, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2013. 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 210 619 -1030 at least 24 hours in advance of meeting. 10 -22 -2013 City Council Agenda Page - 4 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Schertz Housing Board Liaison Interview Committee for Boards and Commissions Investment Advisory Committee TMZ II Board Councilmember Scnliola — Place 2 Councilmember Antuna - Place 3 Animal Control Advisory Committee ASA Commuter Rail District Board — Lone Star Cibolo Valley Local Government Corporation Randolph Joint Land Use Study QLUS) Executive Interview Committee for Boards and Commissions Committee Sweetheart Advisory Committee Schertz Seguin Local Government Corporation Councilmember Edwards — Place 4 Councilmember — Verinder — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee 10 -22 -2013 City Council Agenda Page - 5 - Presentation CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: City Manager Subject: Ordinance No. 13 -T -54 — Presentation, discussion, and Consideration and /or action approving an Ordinance authorizing a project budget and budgetary transfer of funds for the Hal Baldwin Memorial Plaza and the updating of signs in connection with the Hal Baldwin Memorial Plaza, providing an effective date, and declaring an emergency. First & Final Reading (D. Harris/M. Spence) BACKGROUND Goal To provide a memorial for late Mayor Hal Baldwin and change out three signs at the Hal Baldwin Municipal Complex. Community Benefit The memorial will provide a location for people to learn about the late Mayor and rebrand three signs to reflect the new name of the Municipal Complex. Summary of Recommended Action Recommended Action to approve a project budget and budgetary transfer. Following the passing of Mayor Hal Baldwin in April 2012, the City, some residents and business leaders set out to plan and develop a plaza to memorialize his legacy. A new plaza has been designed in front of City Hall with new flag poles, bench and a plaque. A fundraising event was held and donations continue to come in. Dedication of the site is planned for Thursday, October 31, 2013 at 11 a.m. with a reception following at the Civic Center Bluebonnet Hall. On October 30, 2012, Council approved a resolution renaming the Schertz Municipal Complex as the Hal Baldwin Municipal Complex. As part this project, lettering on three signs will be changed out to reflect this new name. FISCAL IMPACT At the time of this writing, budget and transfer figures are being finalized. This information will be forwarded before the meeting. RECOMMENDATION Staff recommends approval of Ordinance No. 13 -T -34 first and final reading regarding the project budget and budgetary transfer for the project. ATTACHMENT(S) Ordinance No. 13-T-54 (Will be provided on Monday) Agenda No. I CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular meeting on October 15, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of October 15, 2013. ATTACHMENT Minutes — Regular meeting October 15, 2013. MINUTES REGULAR MEETING October 15, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 15, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Pro -Tem Jim Fowler Councilmember David Scagliola Councilmember Cedric Edwards Staff Present: Executive Director David Harris City Secretary Brenda Dennis Mayor Michael Carpenter was absent. CALL TO ORDER: Mayor Pro -Tem Fowler called the Regul STATES AND THE STATE OF TEXAS. Pastor Ryan Russell, Vi Allegiance to the Flags Hearing of Residents: This time is set aside for any out the speaker's register pr minutes. All remarks shall be address Any person making personal, be requested to leave the mee to order at City .m. er George Antuna er Svdnev Verinder Brian James erine Tapley Iry Donna Schmoekel bly of God Church, gave the Invocation followed by the Pledges of States and the State of Texas. who wishes to address the City Council. Each person should fill he meeting. Presentations should be limited to no more than 3 the Council as a body, and not to any individual member thereof. Winent, or slanderous remarks while addressing the Council may Discussion by the Council 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. Mayor Pro -Tem Fowler recognized the following who spoke: • Miss Hannah Hicks, a leadership student at Kung Jung Mu Sul, who invited the Council to their upcoming October events; birthday, costume party, and women self defense classes. 10 -15 -2013 Minutes Page - 1 - • Ms. Maggie Titterington, President of Schertz Chamber of Commerce, who provided information on Chamber events. She stated the Chamber luncheon held today was very well attended and they enjoyed a presentation by Michelle Sanchez, Director of Development Services with the City of Schertz. On October 17th, they will host a Mixer /Grand Opening for Schertz Parkway Physical Therapy from 5:30 p.m. -7:00 p.m. Friday, October 18th will be the Golf Classic, and on Thursday, October 24th will be the "Meet the Candidates" open house at the Schertz Civic Center. The Cibolo candidates will be available for questions and discussion from 6:00 p.m. to 7:00 p.m. and the Schertz candidates will be available from 7:15 p.m. to 8:15 p.m. This event is open to the public. The Leadership Core Class deadline is October 31. There will also be a Ribbon Cutting at Gunn Auto in Selma at 12:00 p.m. with family activities from 4:00 p.m. to 7:00 p.m. On November 15th there will be an Awards Banquet for small businesses. City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. BierschwaleB. J Mayor Pro -Tem Fowler recognized Executive Director of Support David Harris who provided the following announcements of upcoming events: - The Schertz Chamber of ,Commerce Golf Classic tournament will be this Friday, October 18th with registration beginning at 10:30 a.m. at Northcliffe Golf Course. - Monday, October 20, early voting begins. Information is available on the City's website at www.schertz.com as well as the Bexar, Guadalupe, and Comal county election web napes. • Announcements N • Presentation and by City Manager Q. Kessel) ition Award to Christine Cosentino Q. Bierschwale/M. Hansen) Wednesday, September 18, 2013, Emergency Services Communications Officer Christine Cosentino assisted, via telephone, a 911 caller in the delivery of a baby boy. Present for the recognition of Ms. Cosentino's performance were, baby Isaiah Edwards, his mother Cassandra Edwards, grandfather Matt Long, and Aunt Tracy Anderson. EMS Director Dudley Wait stated that it is a tradition when individuals deliver a child they are presented with a certificate and stork pin. Mr. Wait presented Ms. Cosentino, Matt Long, and Tracy Anderson with a certificate and stork pin. Additionally, Police Chief Michael Hansen presented Ms. Consentino with an Exemplary Service Award. • Proclamation Chamber of Commerce Week Q. Fowler/M. Titterington) Mayor Pro -Tem Fowler read and presented Ms. Titterington with a proclamation commending the Chamber for its many contributions to the community. 10 -15 -2013 Minutes Page - 2 - • Presentation and discussion regarding the lot widths. (B. James/B. James) Mayor Pro -Tem Fowler recognized Executive Director of Development Brian James who delivered a power -point presentation containing information in regard to lot widths and street widths. This information was requested by Council as a result of a previous zoning question. The purpose of this data is to provide direction for the City's future master plan. Mr. James provided detailed definitions regarding Density, Lot Width, and Lot Depth, as well as some background data regarding minimum lot size as stated in the current UDC. Generally, the larger the minimum required lot size, the lower the resulting density. A good rule of thumb is to assume about 70% of a property can be developed into lots — with the remaining portion being right -of -ways, easements, common lots, etc. This can vary if the property is encumbered with floodplain and topography. The most efficient way to lay out a subdivision is a grid pattern. A less efficient way to lay out a subdivision is in a curvilinear street pattern, Grid designs are efficient; they offer multiple routes through the neighborhood and greater connectivity to adjacent properties. However, the straight streets do encourage speeding and may appear monotonous. Curvilinear designs allow for a variety of views, more cul -de -sacs, and a greater variety of lot sizes and shapes; however, they have less connectivity. With regard to streets, wider paver with cars parked on the street. TI quickly, even with cars parked on additional "residential collector" pavement. This allows two cars to sides of the street. In relation to is standards for pavement width adja widths associated with no Darkina zones t sections allow for cars to pass more easily, even problem is that it allows cars to also pass more street.: Mr. James stated we could consider an a width of between the two — maybe 37' of each other, even when cars are parked on both in the street, the City could establish minimum to landscape islands and consider minimum lot adiacent to islands. iff recommendations are to work with the Planning and Zoning Commission to 7nulate recommendations regarding: 1) adding a minimum lot width to the R -A strict to avoid "flag" lots 2) modifying the cul -de -sac requirements of the UDC to an propriate standard 3) work on lot measurement definitions, and 4) work to develop a e garden home zoning district and subdivision design. Tem Fowler and Council provided their comments and thanked Mr. James for his Mayor Pro -Tem Fowler requested Item 2 be pulled for separate action. Consent Agenda Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular meeting of September 24, 2013. (J. KesselB. Dennis) 3. Appointments/Reappointments and Resignations to City Boards, Commissions, Committees — Consideration and /or action regarding appointments /reappointments and resignations to City Boards, Commissions, and Committees. (J. KesselB. Dennis) 10 -15 -2013 Minutes Page - 3 - • Appointment of Ms. Reginna Agee — Regular Member, Board of Adjustments Mayor Pro -Tem Fowler recognized Councilmember Edwards, who moved, seconded by Councilmember Scagliola, to approve the Consent Agenda items 1 and 3. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion CarrietL Discussion and Action Items 2. Resolution No. 13 -R -87 — Consideration and /or action approving a Resolution authorizing a contract with A &E Lopez Construction, Inc. relating to the construction of ribbon curbs on both sides of Lazy Oak Drive and the sidewalk extension on Circle. Oak Drive to Lazy Oak Drive as well as construction of a sidewalk in the park adjacent to Lazy Oak Drive and a sidewalk extension on Woodland Oaks Drive and authorizing the budget estimates for the projects and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 1 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH A &E LOPEZ CONSTRUCTION, INC. RELATING TO THE CONSTRUCTION OF RIBBON CURBS ON BOTH SIDES OF LAZY OAK DRIVE AND THE SIDEWALK EXTENSION ON CIRCLE OAK DRIVE TO LAZY OAK DRIVE AS WELL AS CONSTRUCTION OF A SIDEWALK IN THE PARK ADJACENT TO LAZY OAK DRIVE AND A SIDEWALK EXTENSION ON WOODLAND OAKS DRIVE AND AUTHORIZING THE BUDGET ESTIMATES FOR THE PROJECTS AND OTHER MATTERS IN CONNECTION THEREWITH r Pro -Tem Fowler recognized Assistant Public Works Director Jimmy Hooks who uced this item stating that Public Works and Engineering met with the residents on Oak Drive in a Town Hall Meeting to discuss the improvements needed on Lazy Oak . The street has an approximate driving surface of 16 feet with no sidewalks or curbs. Staff worked on a plan to improve the street and has decided that the following items are • Widen driving surface to a minimum of 20 feet for Lazy Oak Drive • Ribbon curbs on both sides of Lazy Oak Drive • Sidewalk extension on Circle Oak to Lazy Oak Drive • Sidewalk in the park adjacent to Lazy Oak Drive • Sidewalk extension on Woodland Oaks Drive On September 11, 2012, Council authorized Resolution 12 -R -82 approving an agreement with Ford Engineering, Inc. relating to engineering and design for the Lazy Oak Drive Reconstruction and Circle Oak Drive Sidewalk Construction Project. 10 -15 -2013 Minutes Page - 4 - in The bid request included the following items: • Construction of ribbon curbs on both sides of Lazy Oak and the sidewalk extension on Circle Oak Drive to Lazy Oak Drive • Addendum #1 — Sidewalk in the park adjacent to Lazy Oak Drive • Addendum #2 — Sidewalk extension on Woodland Oaks Drive Mr. Hooks stated three (3) bids were received on this project on September 19, 2013 and after reviewing all bids, A &E Lopez Contractors submitted the lowest bid in the amount of $33,999 for the construction of ribbon curbs on both sides of Lazy Oak and the sidewalk extension on Circle Oak Drive to Lazy Oak Drive with an Alternate Bid No. 1 of $22,680 for the sidewalk in the park adjacent to Lazy Oak Drive, and an Alternate Bid No. 2 of $4,200 for the sidewalk extension on Woodland Oaks Drive for a total bid, including alternates of $60,879. If the bid is approved, A &E Lopez will complete the construction of ribbon curbs on both sides of Lazy Oak Drive and the sidewalks on Circle Oak Drive to Lazy Oak Drive as well as Addendum # 1 for the sidewalk in the park adjacent to Lazy Oak Drive and Addendum #2 for the sidewalk extension on Woodland Oaks Drive. The road reconstruction for Lazy Oak Drive will be completed by the Public Works Street Department. Mayor Pro -Tem Fowler recognized Councilmember Scagliola, who moved, seconded by Councilmember Edwards, to approve Resolution No. 13 -R -87. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion CarrieJ Ordinance No. 13 -D -43 — Consideration and/or action approving an Ordinance amending the City Code of Ordinances revising Section 86 -41, Stop Intersections — designating a stop sign at Verde Parkway & Mid Cities Parkway. First Reading (J. Bierschwale/L. Busch) The following was read into record: ORDINANCE NO. 13 -D -43 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86 -41, STOP INTERSECTIONS - DESIGNATED; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro -Tem Fowler recognized Engineer in Training Larry Busch who introduced this item stating that Public Works received a request to consider installing a stop sign on Verde Parkway at Mid- Cities Parkway. With the new businesses in the area the volume of traffic has and will increase. Mid - Cities Parkway had been a dead -end roadway with one driveway and now will be one of the main entrances for the truck traffic to Amazon. Mr. Busch also stated the Transportation Safety Advisory Commission unanimously approved the addition of this stop sign at their September 5, 2013 meeting. Staff recommends installing the stop sign on Verde Parkway at Mid - Cities Parkway. 10 -15 -2013 Minutes Page - 5 - Mayor Pro -Tem Fowler recognized Councilmember Scagliola, who moved, seconded by Councilmember Antuna, to approve Ordinance No. 13 -D -43 first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion CarrietL 5. Ordinance No. 13 -D -44 — Consideration and /or action approving an Ordinance amending the City Code of Ordinances by revising Section 86 -115 Maximum limits generally on specific streets, designating 30 mph on Triton, Guada Coma, and Corridor Parkway. First Reading (J. Bierschwale/L. Busch) The following was read into record: ORDINANCE NO. 13- AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro -Tem Fowler recognized Engineer in Training Larry Busch who introduced this item stating that the Transportation Safety Advisory Commission was approached by a property owner in the Tri- County Business District about changing speed limits on streets in the area to be consistent at 30 mph. By changing the speed limits on Triton, Guada Coma, and Corridor Parkway to 30 mph the speed limits will be consistent in the area and conform to the 85th percentile standard which will reduce confusion. The Transportation Safety Advisory Commission unanimously approved changing the speed limits of Triton and Guada Coma to 30 mph at the September 5, 2013 meeting and changing Corridor Parkway to 30 mph at the October 3, 2013 meeting. Staff recommends approval. Mayor Pro -Tern Fowler recognized Councilmember Scagliola, who moved, seconded by Councilmember Antuna, to approve Ordinance No. 13 -D -44 first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion CarrietL 6. Ordinance No. 13 -D -45 — Conduct a public hearing and consideration and /or action amending the Unified Development Code (UDC) Section 21.4.9 Designation of Historic Landmarks, PH Creation of Historic Districts, and Certificates of Appropriateness. First Reading (B. James/B. James) The following was read into record: ORDINANCE NO. 13 -D -45 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) SECTION 21.4.9 DESIGNATION OF HISTORIC LANDMARKS, CREATION OF HISTORIC 10 -15 -2013 Minutes Page - 6 - DISTRICTS, AND CERTIFICATES OF APPROPRIATENESS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro -Tem Fowler recognized Director of Development Brian James who introduced this item stating that the proposed amendment involves changes to Section 21.4.9 Designation of Historic landmarks, Creation of Historic Districts and Certificates of Appropriateness. The City Council has been designating Historic Landmarks based on the recommendation of the Schertz Historical Preservation Committee (SHPQ for some time. The program was intended to recognize structures important in the community's past, but was not intended to trigger any additional regulations. Chapter 442 of the Government Code /Section 315.006 of the Texas Local Government Code does impose additional regulations on structures and properties designated as historic by a local government. This was not the intent of the City of Schertz designation. As such, it is recommended that the UDC be amended to alter the title of the designation to landmark property with the stipulation that the property is not to be considered a "historic structure or property" per section 315 of the Texas Local Government Code. Mr. James stated that in anticipation of Council consideration of this item after the Planning and Zoning Commission recommended approval of the amendment on September 11, staff noticed this item for consideration by City Council on October 15. Prior to consideration by City Council, the ordinance is being sent to the Schertz Historic Preservation Committee for consideration on October 24. Pending their consideration, it is anticipated the item will be re- noticed for consideration by City Council in November or December. Staff recommends Council open the public hearing, take comments, and close the public hearing and postpone action indefinitely. Mayor Pro-Tern Fowler opened the public Fowler closed the public hearing. No Mayor Pro-Tern Fowler recognized Del votes for agenda items 1 through' 5. Requests and Announcements 7. Announcements by City Manager and as no one else spoke, Mayor Pro -Tem ty City Secretary Donna Schmoekel who recapped the • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Pro -Tem Fowler recognized City Manager John Kessel who complimented the Council for their efforts in attending the recent Texas Municipal League Conference. 10 -15 -2013 Minutes Page - 7 - 8. Requests by Mayor Pro -Tem and Councilmembers that items be placed on a future City Council agenda. No items requested. 9. Requests by Mayor Pro -Tem and Councilmembers to City Manager and Staff for information. Mayor Pro -Tem Fowler recognized Councilmember Scagliola who thanked and complimented Executive Director of Operations John Bierschwale for his efforts in working with TxDOT to get the bridge fixed on Schwab Road and for working with TxDOT in getting the light fixed at IH 35 and FM 1103. Councilmember Scagliola also asked if Mr. Bierschwale would work with TxDOT on the turn lane on FM 1101 10. Announcements by Mayor Pro -Tem and C • City and community events attended and to be • City Council Committee and Liaison Assignm • Continuing education events attended and to b' • Recognition of actions by City employees • Recognition of actions by community volunte( • Upcoming City Council agenda items Mayor Pro -Tem Fowler recognized following: assignments below) who stated he attended the • Tuesday, October 1, 2013, National bight Out Celebrations • Guadalupe - Blanco River Authority Pecan Fest, Nolte Park, Seguin, TX • Saturday, October, 12, 2013, City of Cibolo Festival • Tuesday. October 15, 2013, ` Schertz Chamber of Commerce luncheon Pro -Tem Fowler recognized Councilmember Edwards who stated he attended the • Tuesday, October 1, 2013, National Night Out Celebrations • Tuesday, October 15, 2013, Schertz Chamber of Commerce luncheon • Tuesday-Friday, October 8 -11, 2013, Texas Municipal League (TML) Conference - Mr. Edwards spoke of several noteworthy items of thought such as `small is the new big.' People want to live in communities that offer amenities. They are moving to the cities where they can live, work, and play. Retailers are following rooftops and creating jobs. He talked with people about the West, TX disaster and found out houses fell apart because of handy men not doing their jobs correctly. This is one of the reasons we are making changes to our UDC. Also, why not blend a building into the community rather than leveling it. A speaker told them to appreciate where you are, act on your vision, don't be cocky, but be gutsy. We are seeing great change right now. We will continue to do great things. 10 -15 -2013 Minutes Page - 8 - Mayor Pro -Tem Fowler stated he attended the following events: • Tuesday- Friday, October 8 -11, 2013, Texas Municipal League (TML) Conference He stated he attended about 10 different sessions, some on leadership and the relationships between city staff and their communities. He came away with one important thing; an affirmation that the way we are doing our planning and operation is top notch. We are doing a lot of right things for the good of the future. Our City is a leader. Mayor Pro -Tem Fowler recognized Councilmember following: • Tuesday- Friday, October 8 -11, 2013, Texas Munici Councilmember Antuna stated he concurred with said. He stated Schertz is above and beyond a lot forward thinking community. Mayor Pro -Tem Fowler recognized.. Councilmember following: • Tuesday- Friday, October 8 -11, 2013, Texas'Munici Councilmember nuts and bolts Councilmember problem solvers Best bractices is the TML conf Mayor Pro -Tem Fowler re( this evening' working on his Mayor Pro -Tem Fowler reo Executive Session Called under: na who stated he attended the League (TML) Conference iat Mayor Pro-Tern Fowler just ether communities and we are a who stated he attended the (TML) Conference er stated his impressions of the events held at TML were hard cal application sessions. Those attending were Mayors, Secretaries, Public Works employees, and other assorted me away with 15 distinct steps to attract more business retail. we are all familiar with. However, we need to go forward and move into the future. He appreciated the opportunity to attend d Boy Scout Will Chandler, Troop 51, who was in the audience iship in the Community merit badge. the regular meeting into executive session at 7.51 p.m. Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; 10 -15 -2013 Minutes Page - 9 - Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.074 Texas Government Code — Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Reconvene into Regular Session Mayor Pro- Tem Fowler reconvened into regular session at 9:50 p. 11. Take any action deemed necessary as a result of the No action taken. Adiournment As there was no further business, the meeting was Jim Fowler, Mayor Pro -Tem ATTEST: City Secretary, Brenda 10 -15 -2013 Minutes Page - 10 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: Public Works / Engineering Subject: Ordinance No. 13 -D -43- Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86 -41 Stop intersections - designated. (Final Reading) BACKGROUND Public Works received a request to consider installing a stop sign on Verde Parkway at Mid - Cities Parkway. With the new businesses in the area the volume of traffic has and will increase. Mid- Cities Parkway had been a dead -end roadway with one driveway and now will be one of the main entrances for the truck traffic to Amazon. Staff recommends installing the stop sign on Verde Parkway at Mid- Cities Parkway. The Traffic Safety Advisory Commission unanimously approved the addition of this stop sign at the September 5, 2013 meeting. City Council approved the first reading of the Ordinance for the stop sign at the October 15, 2013 meeting. Goal To ensure that stop signs on City -owned streets are up -to -date and are appropriately placed in particular areas to provide for safe and efficient travel for citizens, business owners, and visitors. Community Benefit To provide for safe and efficient travel on City -owned streets for citizens, business owners, and visitors. Summary of Recommended Action Recommend approval on the final reading to allow for placement of the stop sign and enforcement. FISCAL IMPACT $36.00 for the new stop sign paid out of FY 2013 -14 approved budget, account number 101 -359- 551600, Street Maintenance. RECOMMENDATION Staff recommends approval of Ordinance 13 -D -43 on the final reading. ATTACHMENT(S) Ordinance 13 -D -43 Verde Parkway and Mid Cities Exhibit ORDINANCE NO. 13 -D -43 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86 -41, STOP INTERSECTIONS - DESIGNATED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that there is not a stop intersection designated on Verde Parkway at Mid- Cities Parkway. WHEREAS, it is recommended to designate a stop intersection on Verde Parkway at Mid- Cities Parkway. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. THAT, Section 86 -41 Stop Intersections - Designated of the Code of Ordinances, on roadways maintained by the City of Schertz, Texas be amended as follows: Through Street Cross or Stop Street Mid - Cities Parkway Verde Parkway 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 15th day of October 2013. PASSED, APPROVED AND ADOPTED the 22nd day of October 2013. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 11 ! v f:i Y Y. a 11 t L' of f tl YID_ II�F,r•Ird '.� [rir ' ``fit L 71 - F.w:i)�.iu'�rc G �: -�"}� �•u 1. r r rl� ■_t 11 IF .:Iii r ��•}��'' Y.. tw�l , "• �� n .'p, .. q[ �I Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: Public Works / Engineering Subject: Ordinance No. 13 -D -44- Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86 -115 Maximum limits generally on specific streets. (Final Reading) BACKGROUND The Traffic Safety Advisory Commission was approached by a property owner in the Tri- County Business District about changing speed limits on streets in the area to be consistent at 30 mph. By changing the speed limits on Triton, Guada Coma, and Corridor Parkway to 30 mph the speed limits will be consistent in the area and conform to the 85th percentile standard which will reduce confusion. The Traffic Safety Advisory Commission unanimously approved changing the speed limits of Triton and Guada Coma to 30 mph at the September 5, 2013 meeting and changing Corridor Parkway to 30 mph at the October 3, 2013 meeting. Staff concurs with these changes. City Council approved the Ordinance for the speed limit change on the first reading at the October 15, 2013 meeting. Goal To ensure that limits on City streets are up -to -date and are appropriately set for particular areas to provide for safe and efficient travel for citizens, business owners, and visitors. Community Benefit To provide for consistent and proper speed limits that conforms to the 85th percentile on City - owned streets to reduce confusion and speed violations. Summary of Recommended Action Recommend approval on final reading to allow for enforcement of the new speed limits. FISCAL IMPACT $216 for the new speed limit signs paid out of FY 2013 -14 approved budget, account number 101 - 359 - 551600, Street Maintenance. RECOMMENDATION Staff recommends approval of Ordinance 13 -D -44 on the final reading. ATTACHMENT(S) Ordinance 13 -D -44 City Council Memorandum Page 2 Triton, Guada Coma, and Corridor Parkway Exhibit ORDINANCE NO. 13 -D -44 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that Triton, Guada Coma, and Corridor Parkway are set at a speed of 20 miles per hour under Section 86 -115 Maximum limits generally on specific streets of the City Code of Ordinance. WHEREAS, it is recommended to change Triton, Guada Coma, and Corridor Parkway to a speed of 30 mph in the City Code of Ordinances under Section 86 -115 Maximum limits generally on specific streets. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. THAT, Section 86 -115 Maximum Limits Generally of the Code of Ordinances, on roadways maintained by the City of Schertz, Texas be amended as follows: Street Extent Speed Limit Triton Entire Length of Roadway 30 MPH Guada Coma Entire Length of Roadway 30 MPH Corridor Parkway Entire Length of Roadway 30 MPH 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 15th day of October 2013. PASSED, APPROVED AND ADOPTED the 22nd day of October 2013. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) I I .- {. ; trio .r any. w Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: Public Works Subject: Resolution 13 -R -88 -A Resolution by the City Council of the City of Schertz, Texas Authorizing a Professional Services Agreement with Ford Engineering, Inc., relating to engineering and design for the East Dietz Creek Construction Project in the Arroyo Verde Subdivision and other matters in connection therewith BACKGROUND The East Dietz Creek runs through the Arroyo Verde subdivision within a drainage easement and the 100 year FEMA floodplain. The developer elected to leave this area in a natural state and dedicated it to the Homeowner's Association for maintenance. On May 28, 2013 the City of Schertz entered into a Drainage Easement Agreement with the Arroyo Verde HOA giving the City the authority to make improvements and maintain the channel in the existing easement. Goal To enter into an agreement with Ford Engineering, Inc. for engineering and design services to improve the Arroyo Verde Drainage Channel. The unimproved channel is eroding due to high velocities upstream of the bridge and slower flows downstream of the bridge are causing silt build -up and needs to be improved by widening the channel. Community Benefit Provide for the health, safety, and welfare of the residents of the Arroyo Verde community. Ensure that the section of the E. Dietz creek channel that runs through the Arroyo Verde subdivision is maintained efficiently to protect life and property from the risk of flood damage. Summary of Recommended Action Staff recommends Council approve the professional services agreement with Ford Engineering Inc. for the engineering, design of the E. Dietz in the Arroyo Verde Subdivision for a cost of $14,240 with a not to exceed amount of $15,664. FISCAL IMPACT Funds would be allocated from the Drainage Construction Fund/Reserves RECOMMENDATION Staff recommends Council approve Resolution 13 -R -88 ATTACHMENT Resolution 13 -R -88 Engineering Services Agreement E Dietz Arroyo Verde Channel Exhibits RESOLUTION NO. 13 -R -88 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING AND DESIGN FOR THE EAST DIETZ CREEK CONSTRUCTION PROJECT IN THE ARROYO VERDE SUBDIVISION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires professional services relating to engineering and design for the Dietz Creek Construction Project in the Arroyo Verde Subdivision; and WHEREAS, City staff has determined that Ford Engineering, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Ford Engineering, Inc. pursuant to the Engineering Services Agreement attached hereto as Exhibit A (the "Agreement ") relating to engineering and design for the Dietz Creek Construction Project in the Arroyo Verde Subdivision for $14,240 with a not to exceed amount of $15,664. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 119: EVI Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Ford Engineering, Inc. in substantially the form set forth on Exhibit A. 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 of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of 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 provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. 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 of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 22nd day of October, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ENGINEERING SERVICES AGREEMENT 50077397.1 A -1 T� H I rI57" E'A" tot 6 iH Ei V-11 I'M 'n r oy if-cl. I --ijill 14 -T oll ■ M4 R�IN L g L -�MIIi -.1 i 3' J - dni, E -N JL i. -j J.!;� V,j T 1Y !4-Y M, IL. a: " i k A' C1eF r' wlt. 4�* -jj IL 6 L Al III L,'A' . I "I I; v, 1 ;3 1L VA A�t Am F, ok, 7 1 ,WIWI - IM�-47'!4 fo p- 7A Z, j zel A. A 1 4 fI t rl! :L % �1� � �,X i xx Lj 7A, , Fyn � 7t (�7 j ;k cj� �4 --T 4L 44 --1, 70 —T A- "s 41 4k-- W7, 10 On, , "A r1lo, e Ly, -P L IL � '040 1 r IJ w 74 1 g jg n nRl 9.1 ��i•; I M. jfl Ak 1 N n As -0 J Z;lt A ly e ,V'TT-- 47i 70 , si A. P7 - A ! ;z j I fb r 1, :f, 11 ym , i. 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IjjiYiT� �. ail �t'� rr?..' +�r��i-�`";��'..-� 11 '. ^,. :� _ .�',' /. r ..�:• S I•µY�, - � 11 :�I�''� L • 1...11 r �1� - =��i .`�l�.yr'�� i� � 7 � !:� i '�J� x�-�` '}•�: � -'�'� �� -'r 1] }. ' {[v1. =. IV`r- ti��.l. 1`1 �,�. -!, 11r� 7 ",Z�� `- �'� f` •1• '� ^�I'� �}.y ,rr�,..,L"1, ° I 1 '`�;`• ' •r'11�• . �. =.rte _J�;? . � � • =� -':��r . �'�- �.,�1- k 1 •'�:. r. �I,�1 r:� � ?i� �, •.h r-r 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: Subject: BACKGROUND Library Resolution No. 13 -R -89 Agenda No. 5 The Schertz Library Board was established in 1978 and since that time has operated with written By -Laws. Those By -Laws are reviewed on a regular basis and are revised when necessary. The proposed changes presented to Council for approval consist of general cleanup, the deletion of committees that are no longer needed, the addition of a Book Manager position to the slate of officers and the substitution of Library Management for Library Director and /or Library Manager. The Schertz Library Board approved the proposed changes on October 7, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of Resolution No. 13 -R -89 ATTACHMENT Resolution No. 13 -R -89 RESOLUTION NO. 13 -R -89 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SUBMITTED CHANGES TO THE SCHERTZ LIBRARY ADVISORY BOARD BY -LAWS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz Library Advisory Board met on October 07, 2013 and voted to make the submitted changes to the Schertz Library Advisory By -Laws; and WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City approve the submitted changes to the Schertz Library Advisory Board By -Laws; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the submitted changes to the Schertz Library Advisory Board By -Laws, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the submitted changes to the By -laws of the Schertz Library Advisory Board as set out in Exhibit A attached. 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 of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of 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 provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. 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 of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 22nd day of October, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - EXHIBIT A SCHERTZ PUBLIC LIBRARY ADVISORY BOARD BY -LAWS Revision approved by the SPLB X0/07/2013. Deleted: 05 /02 /2011q By Resolution #78 -R -1 dated January 3, 1978, the Schertz City Council created a City Library to be known as the Schertz Public Library. The object and purpose of the Library Advisory Board is to act as an advisory, policy - recommending board to the City Council, City Manager_anc Library Management relating to the establishment and usage of Deleted:, the library, the nature of services rendered or to be rendered by the library, the manner in Deleted: Library Director, and Library which the library service may be coordinated with the other municipal services and other Manager such matters as the City Council, City Manager and Libra Mana emen may deem Deleted: , Library Director and Library beneficial to the City of Schertz. The following are hereby adopted as the by -laws of the Manager Library Advisory Board of the Schertz Public Library. ARTICLE L MEETINGS OF THE BOARD Section 1. Regular Meetings. The regular meetings of the Library Advisory Board of the Schertz Public Library shall be held on the first Monday of each month, beginning at 7:00 p.m. except when that Monday is a holiday, in which case, the meeting will be on the second Monday. A Board member will inform the Chairman or Library Management if he /she will Deleted: Manager be absent from a meeting. Any Board member absent for three (3) consecutive meetings without advance notification and/or sufficient reason shall be considered resigned and shall be notified in writing of said resignation. Section 2. Special Meetings. Special meetings may be called in writing or by telephone by the Chairman, or by any four members of the Board, for the transaction of business stated in the call for the meeting. Section 3. Notices. Notices of all special meetings shall be mailed or telephoned by the Secretary to all members of the Board. No notice of regular meetings shall be required. Section 4. Place. Meetings of the Board shall be held in a designated city facility. Section 5. Quorum. A quorum for the transaction of business shall consist of a majority of members, and the action of the majority of those present shall constitute the action of the Board. Section 6. Order of Business. The order of business at regular meetings shall be as follows: Call to Order Hearing of Residents Minutes Treasurer's Report Librarian's Report Bookstore Committee Report Other Committee Reports Discussion and Possible Action Announcements Adjournment The order of the agenda may be altered by a vote of the majority of members present at any meeting. ARTICLE IL DUTIES OF THE BOARD The duties of the Library Advisory Board shall be to: Section 1. Hold meetings as it deems necessary in accordance with the Open Meetings Laws of the State of Texas. Section 2. Make periodic reports to the City Council and City Manager concerning the work of the Board; submit meeting minutes to the Library Manager, and make such reports as may be requested by the City Council and City Manager. Section 3. The Board shall have no power to obligate the City of Schertz in any manner whatsoever. Library finances shall be handled in the same manner as any department of the City government. ARTICLE III. BOARD MEMBERS /OFFICERS Section 1. Board Members. The Library Advisory Board shall consist of up to twelve (12) members, ten (10) of who must be residents of the City of Schertz, Texas; and up to two (2) of which may be chosen from areas outside the city limits of Schertz which are served by the Library. An alternate six (6) and six ft shall be appointed each year by the Deleted: ) Schertz City Council for the term of two years. Section 2.Alternate Members. Two alternate members shall be appointed by the City Council and shall be designated as Alternate No. 1 and Alternate No. 2. They shall be Deleted: t' entitled to receive notice of all Board meetings and may comment on matters coming before the Board in the same manner that regular members may comment. They shall have no authority to vote unless serving in place of an absent regular member and shall not be considered in determining the presence of a quorum. In the absence from a meeting of the Board of up to two regular members, alternate members who are present (in alternating order if there is only one regular member absent) shall, for such meeting, be counted toward a Deleted: is quorum, vote, and have all other rights of the absent regular members (except any absent regular members office on the Board). If the regular member for whom an alternate member Deleted: Section 3. Nominatine Committee.. The Board Chairman shall is serving subsequently arrives at the meeting, he or she shall not participate in such meeting, appoint a nominating committee of three and the alternate member shall continue to serve until the conclusion of such meeting. (3) members whose terms are not expiring at the October meeting. At the Alternate members' terms Mfor two years. November meeting of the Board, the - - - - - - - nominating committee shall present a slate of officers. Additional nominations �echon 3 �Oard Officers may be made atthattime. The names of the selected Chairman and Vice - be.Llbrary Advisory board will.. operate. with five officers who will be..clected..annually.at chairman will be submitted to the the Ma meehn of the board ames of the selected Chair and Vice Chair will be submitted Schertz City council for appointment .T y ......... g........... to the Schertz Citv Council for approval. The five officers are Chairman Vice - Chairman Formatted: Font: Not Bold Treasurer, secretary and Book Store Manager. Formatted: Font: Not Bold Section 4 Duties of the Officers. Formatted: Font: Not Bold The duties and responsibilities of the Chairman shall be to: A. Preside over the meetings of the Library Advisory Board. B. Vote in case of a tie. C. Sign all acts or orders necessary to carry out the will of the Board. D. Act as representative of the Board to outside persons or other organized bodies whenever necessary. E. Serve as an ex- officio member of all committees. F. Appoint all committees. The duties and responsibilities of the Vice - Chairman shall be to: A. Preside in the absence of the Chairman. B. Assume the duties and responsibilities of the Chairman in the case of absence or incapacity of the Chairman. C. Assist the Chairman as assigned. The duties and responsibilities of the Treasurer shall be to: A. Keep an accurate record of the source of all monies deposited to the Library Fund. B. Keep an accurate record of payment of all bills paid from the Library Fund. C. Be responsible for verifying the monthly financial reports from the City. D. Give a monthly report to the Board. E. Keep records of monies from Bookstore sales. The duties and responsibilities of the Secretary shall be to: A. Keep minutes of the meetings of the Library Advisory Board. B. File a copy at the library which has been approved by the Board. ® Formatted: Indent: Left: 72 pt ...... ......... ......... The duties and res onsibilities of the Book Store Manager shall be to: A. Recruit, Schedule and Coordinate the efforts of the book store volunteers ® Formatted:_ Bullets and Numbering 13 Enforce the book store policy C— Present a report to the Library Advisory_ Board at the monthly meeting., Section 5. Vacancy in Office. A vacancy in the office of Chairman shall be filled by the Vice - Chairman. A vacancy in the office of Vice - Chairman, Treasurer or Secretary shall be filled by the election of another person to serve until the next annual election. A vacancy of the Library Advisory Board shall be filled by City Council. The person will serve the remainder of the term of the member being replaced. The new member shall be notified of his /her appointment following City Council approval. In the event of the death, resignation, or removal of a regular or alternate member the City Council shall appoint a replacement Deleted: member, regular or alternate member to serve for the remainder of such member's term. When Board members resign in good faith, a letter of appreciation and/or a plaque will be sent by the Executive Committee of the Library Advisory Board. Section 6. Terms Served. There shall be no limit on the number of terms an individual may serve on the Board as a regular or alternate member. Section 7 New Officers. New officers may be created by the affirmative vote of a majority of the board. New officers will take office in JA reappointments by City Deleted: December Council. Section 8 Death of Board Member's Spouse. When a Board member's spouse dies, a memorial donation will be made to the Schertz Library Foundation.. ARTICLE IV. COMMITTEES Section 1. Committees. The following may be appointed by the Chairman as needed: Deleted: Budget and Finance Committee. This committee shall aid in financial planning for future needs, for application of grants from foundations, for procurement of funds from individuals, civic organizations, and v businesses as well as from city and county governing bodies, and shall work e _ _ with the Building and Properties Committee on plans for additions to or replacement of the Library's facilities Deleted: Building and Properties ® Special Committees. Committees for the study and investigation of special Committee. This committee shall assist in planning additions to or replacement of problems or for other special purposes may be appointed. Such committees the Library's faciltties1furnishings will serve until the completion of the work for which they are appointed. Deleted: Policy Committee. This committee shall be responsible for periodic review of the policy of the Schertz Public Library and the by -laws of Section 2 Powers of Committees. No committee, whether standing or special and no the Library Advisory Board to adhere to the original resolution and all member of any committee shall have or exercise any authority to take any action other than resolution Amendments adopted by the to investigate, and to report and recommend to the Board, except when and to the extent that city Council .T the may be specifically authorized in advance b the Board in a articular case. h h Deleted: Publicity and Public relations y y y y Committee. This committee shall assist with media coverage of library activities and assist the Librarian in planning events that will enhance the position of ARTICLE V. AMENDMENTS the Library in the community.q Deleted: Hospitality Committee. This These by -laws may be amended by the affirmative vote of a majority of the members committee shall assist in the planning of events at the Library or sponsored by the of the Library Advisory Board. However, it shall be necessary that notice of a proposed Library. It shall greet speakers and amendment in writing or by telephone be made to the members of the Library Advisory guests, provide refreshments when Board. necessary, and assist, if needed, with the program .......... ......... ......... ......... .... Deleted: Bookstore Committee This committee shall oversee the operation of Revised: Janua 1979 November 2006 ____________________ _ ______ the bookstore and shall establish and enforce bookstore policy .¶ March 1980 February _2010 February 1982 __________________Mav_ 2011 February 1984 ......................................................... ...............October..20.1.3. February 1997 ® Deleted: November 2006¶ February . 2010¶ May . 2011¶ ¶ .. ......... ......... ......... Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: Public Works / Engineering Subject: Ordinance No. 13 -D -46- Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86 -41 Stop intersections - designated. First Reading. BACKGROUND Public Works received a request to consider installing a stop sign on Oak Valley at Mesa Verde due to the volume and speed of traffic in the Mesa Oaks Subdivision. The Traffic Safety Advisory Commission unanimously approved the addition of this stop sign at the October 3, 2013 meeting due to the multiple complaints regarding speed in the area over the years. The recommendation that staff made to the Traffic Safety Advisory Commission was to decline the request for the mid -block stop sign due to safety concerns and a false sense of security for pedestrians. The Texas Manual on Uniform Traffic Control Devices, section 213.05 Stop Sign Applications, indicates that the use of a stop sign should not be used for speed control. Stop signs are traffic control devices not speed control devices. Numerous communities do not support the use of stop signs to control speeds in residential neighborhoods. In large part, this is because studies have shown unwarranted stop signs to not be effective in reducing speeds. While drives will slow down, and generally stop, as they approach the stop sign, they make up for this delay by going faster before and /or after the stop sign. More importantly, compliance with unwarranted stop signs can be poor which creates a safety issue for children and pedestrians. Keep in mind that if everyone obeyed the traffic laws there would not be a speeding issue — a stop sign is not likely to get these same drives to start obeying. Staff recommends that City Council does not approve the Ordinance adding a stop sign mid - block on Oak Valley, but instead install a speed hump. Staff also recommends holding a meeting with residents of both neighborhoods to discuss the issue of speeding. While a speed hump may help in this location, it may lead to increased speeding in other areas of the neighborhood as drives find alternate routes to bypass this area. Staff will work with residents to raise awareness of the issue, as most drivers in this area are likely to be residents of both neighborhoods. Goal To ensure that City -owned streets provide for safe and efficient travel for citizens, business owners, and visitors. By the placement of a speed hump on Oak Valley at Mesa Verde, the speed of vehicles will be dramatically reduced, creating a safer thoroughfare and neighborhood for residents. City Council Memorandum Page 2 Community Benefit To provide for safe and efficient travel on City -owned streets for citizens, business owners, and visitors as well as safe neighborhoods for residents. Summary of Recommended Action Recommend disapproval on first reading to prevent a stop sign from being installed. Staff recommends direction and approval from Council to install a speed hump on Oak Valley at Mesa Verde to reduce speeding issues. FISCAL IMPACT The cost to install the stop signs is $188. The cost for the installation of a speed hump is $4,500 and would be paid out of FY 2013 -14 approved budget, account number 101 - 359 - 551600, Street Maintenance. RECOMMENDATION Staff recommends disapproval of Ordinance 13 -D -46 on the first reading. Staff recommends installation of a speed hump on Oak Valley to deter speeding in the neighborhood. ATTACHMENT(S) Texas Manual on Uniform Traffic Control Devices, section 2B.05 Stop Sign Applications, Ordinance 13 -D -46 Oak Valley and Mesa Verde Exhibit ORDINANCE NO. 13 -D -46 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86 -41, STOP INTERSECTIONS - DESIGNATED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that there is not a stop intersection designated on Oak Valley at Mesa Verde. WHEREAS, it is recommended to designate a stop intersection on Oak Valley at Mesa Verde. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. THAT, Section 86 -41 Stop Intersections - Designated of the Code of Ordinances, on roadways maintained by the City of Schertz, Texas be amended as follows: Through Street Cross or Stop Street Oak Valley Mesa Verde 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 22-d day of October 2013. PASSED, APPROVED AND ADOPTED the day of October 2013. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: Subject: BACKGROUND Development Services Ordinance No. 13 -5 -47 — Conduct a Public Hearing and consideration and /or action as requested by Keith Sanders to rezone approximately 7.57 acres of land from General Business (GB) to General Business — 2 (GB -2). The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. The applicant is proposing to rezone approximately 7.5 acres of an 32.881 acre tract of land generally located at 200 FM 3009 from General Business (GB) to General Business — 2 (GB -2). The portion of the land requested for rezoning in currently undeveloped. The approximately 33 acre tract contains an existing RV Storage and Mini Storage/Public Warehouse. The public hearing notice was published in "The Daily Commercial Recorder' and the "Herald" and notices were 9 notices mailed to surrounding property. Staff received reviewed two responses to the request which are as follows: • one (1) response neutral to the request; and • one (1) response opposed to the request with the following comment from Property owner Henry Gutierrez, Jr. - `In regards to the closed Gutierrez site Henry Gutierrez Estates the RV Storage & Mini Warehouse blocked and fenced deeded ingress - egress. Goal Keith Sanders is requesting to rezone approximately 7.5 acres of an 32.881 acre tract of land from General Business (GB) to General Business — 2 (GB -2) to relocate the existing open RV Storage from the current location adjacent to FM 3009 to the rear of the existing Mini - Warehouse facilities. City Council Memorandum Page 2 Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Map (FLUM). The plan designates the subject property a as Parks and Open Space to provide for public parks and outdoor recreation areas. However, the property is currently zoned General Business (GB). CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP) designates the subject property for Parks and Open Space which is defined in the Comprehensive Land Plan as areas of public parks, outdoor recreated areas, gold courses, undeveloped reserves /greenways, and floodways. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is not consistent with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change conflicts with the Future Land Use map. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. The site is adjacent to FM 3009 which is designated as a 120' right -of -way on the master thoroughfare plan. • Impact of Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped property or existing commercial businesses which are currently zoned General Business. The rezoning request is compatible with the existing land use of the existing A -OK Storage Facility. The application is proposing to rezone the property from the current GB (General Business) District to GB -2 (General Business 2 District) with a Specific Use Permit (SUP) to the expand the existing A -OK storage facility, which includes the relocation the RV open parking area currently adjacent to FM 3009 to the rear of the property. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on October 9, 2013 and offered a recommendation of approval to rezone the property from General Business (GB) to General Business — 2 (GB -2) by a unanimous vote. City Council Memorandum Page 3 Staff recommends approval of the zoning request based on the relocation of the open parking area to from GB (General Business) to GB -2 (General Business 2). ATTACHMENT Ordinance No. 13 -S -47. Planning and Zoning Staff report Transcript of the P &Z Meeting discussion ORDINANCE NO. 13 -S -47 WHEREAS, The property owner is requesting to rezone approximately 7.57± acres of land described in the Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the "Property "). WHEREAS, all required notices have been provided; WHEREAS, on October 9, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a zone change to General Business District - 2 (GB -2). WHEREAS; on October 22, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT O•D. • r BY THE CITY COUNCIL OF Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby zoned General Business District - 2 (GB -2) known as the Sanders Subdivision. Section 2. The Official Zoning Map (Ordinance No. 11 -S -15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Ordinance I3 -S -47 Sanders Subdivision Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section S. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person., firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on first reading the 22'd day of October, 2013 PASSED, APPROVED AND ADOPTED on final reading the day of , 2013. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13 -S -47 Sanders Subdivision DMC Don McQrgy & Associates Inc. l� in��rs slid rve ors METES & BOUNDS DESCRIPTION OF A 7.57 ACRES OF D ki BEING 7.57 ACRES OF LAND, MORE OR LESS, OUT OF THE G. MALPAZ SURVEY NO. 67, ABSTRACT 221, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS BEING OUT OF A 32.881 ACRE TRACT DESCRIBED IN VOLUME 876 PAGE 437 OF THE OFFICIAL RECORDS OF GUADALUPE COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a found %" iron pin being in the east right-of-way line of Roy Richards Drive - F.M. 3009 (ROW 100') at the intersection of F.M. 78; THENCE along a curve and with the north right - way -line of the Union pacific Railroad recorded in Volume N, Page 704 of the Official Public Records of Guadalupe County, Texas 370.45 feet along the are of said curve to the left, having a radius of 3816.77 feet a central angle of 05 °33140, whose chord bears N80 05$'50 "E, a distance of 370.30 feet to a found %" iron pin; THENCE along and with the aforementioned Union Pacific Railroad right-of-way N84013'1 7E, a distance of 3 85.00 feet to a found '/z" iron pin with cap stamped 2024 to the POINT OF BEGINNING; THENCE departing said north right- of-way of the Union Pacific Railroad along and with the west line of said 32.881 acre tract and this tract herein described N30 °23'56 "W, a distance of 455.85 feet to a set %z" iron pin with cap stamped 3403, for the northwest corner of this tract herein described; THENCE departing the west line of said 32,881 acre tract, along and with the north line of this tract herein described the following calls., N8 °40'49 "E, a distance of 49.53 feet to a set %z" iron pin with cap stamped 3403 for an angle Point; N84 °13' ] 7 "E, a distance of 649.26 feet to a set %z" iron pin with cap stamped 3403 to the northeast comer of this tract herein described; S05 °46'43 "E, a distance of 172.06 feet to a set'' /Z" iron pin with cap stamped 3403 for an interior corner of this tract herein described; Sheet 1 of 2 Exhibit A 323 Breesport St. Sari Antonio, Texas 78216 -2602 Phone (210) 349 -2651 Fax (210) 349 -2653 N84'13'1 7"E, a distance of 318.94 feet to a set %a" iron pin with cap stamped 3403 for a corner of Ibis tract herein described; S05 °46'43 "E, a distance of 244.54 feet to a set '/2" iron pin with cap stamped 3403 for the southeast corner of this tract herein described.- THENCE along and with the south line of this tract herein described and the north right -of way of said Union Pacific Railroad S84 °13' 17 "W, a distance of 827:78 feet to the POINT OF BEGINNING and containing 7.57 acres of land more or less in the City of Schertz, Guadalupe County, Texas. 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The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. GENERAL INFORMATION: Owner /Applicant: Keith Sanders Project Engineer: Don McCrary and Associated, Sammy Flores APPLICATION SUBMITTAL DATE: June 6, 2013 August 2, 2013 September 27, 2013 (Original Application) (Revised Submittal) (Revised Submittal) PUBLIC NOTICE: The public hearing notice was published in "The Dai /y Commercial Recorder"and the "Hera /d "for the October 22, 2013 City Council Meeting. There were 9 notices mailed to surrounding property owners on September 27, 2013. OPPOSITION TO OR SUPPORT OF THE REQUEST: As of this staff report no responses were received in favor or opposed to the request. ITEM SUMMARY: The applicant is proposing to rezone approximately 7.5 acres of an 32.881 acre tract of land generally located at 200 FM 3009 from General Business (GB) to General Business — 2 (GB -2). The portion of the land requested for rezoning in currently undeveloped. The approximately 33 acre tract contains an existing RV Storage and Mini Storage /Public Warehouse. LAND USES AND ZONING: Zoning Land Use Existing General Business District (GB) Undeveloped /Mini Warehouse /RV Proposed General Business District — 2 (GB -2) RV Storaqe /Mini Warehouse /Public Adjacent PLATTING STATUS: The subject property is currently unplatted. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP) designates the subject property for Parks and Open Space which is defined in the Comprehensive Land Plan as areas of public parks, outdoor recreated areas, gold courses, undeveloped reserves /greenways, and floodways. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is not consistent with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change conflicts with the Future Land Use map. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. The site is adjacent to FM 3009 which is designated as a 120' right -of- way on the master thoroughfare plan. • Impact of Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped property or existing commercial businesses which are currently zoned General Business. The rezoning request is compatible with the existing land use of the existing A -OK Storage Facility. STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive Land Use Plan identified this area as Parks and Open Space to provide for public parks and outdoor recreation areas. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services. The application is proposing to rezone the property from the current GB (General Business) District to GB -2 (General Business 2 District) with a Specific Use Permit (SUP) to the expand the existing A -OK storage facility, which includes the relocation the RV open parking area currently adjacent to FM 3009 to the rear of the property. The new open parking area proposed at the rear of the property will be required to be meet city standards. The existing open parking area on FM 3009, once relocated to the rear of the property, will require establishment of grass. Staff recommends approval of the zoning request based on moving the open parking area to from GB (General Business) to GB -2 (General Business 2) with the condition that a Specific Use Permit for RV Storage & Mini Warehouse /Public Storage be approved for a period of 5 years, after which time the RV Storage & Mini Warehouse /Public Storage use will become a non - conforming use. The General Business District— 2 (GB -2) is 2 Zoning Land Use North General Business District (GB) Undeveloped South General Business District (GB) Railroad /Retail East General Business District (GB) Undeveloped West General Business District (GB) Retail PLATTING STATUS: The subject property is currently unplatted. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP) designates the subject property for Parks and Open Space which is defined in the Comprehensive Land Plan as areas of public parks, outdoor recreated areas, gold courses, undeveloped reserves /greenways, and floodways. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is not consistent with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change conflicts with the Future Land Use map. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. The site is adjacent to FM 3009 which is designated as a 120' right -of- way on the master thoroughfare plan. • Impact of Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped property or existing commercial businesses which are currently zoned General Business. The rezoning request is compatible with the existing land use of the existing A -OK Storage Facility. STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive Land Use Plan identified this area as Parks and Open Space to provide for public parks and outdoor recreation areas. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services. The application is proposing to rezone the property from the current GB (General Business) District to GB -2 (General Business 2 District) with a Specific Use Permit (SUP) to the expand the existing A -OK storage facility, which includes the relocation the RV open parking area currently adjacent to FM 3009 to the rear of the property. The new open parking area proposed at the rear of the property will be required to be meet city standards. The existing open parking area on FM 3009, once relocated to the rear of the property, will require establishment of grass. Staff recommends approval of the zoning request based on moving the open parking area to from GB (General Business) to GB -2 (General Business 2) with the condition that a Specific Use Permit for RV Storage & Mini Warehouse /Public Storage be approved for a period of 5 years, after which time the RV Storage & Mini Warehouse /Public Storage use will become a non - conforming use. The General Business District— 2 (GB -2) is 2 intended to provide suitable areas for non - residential and light industrial development that offer a wide variety of retail and service establishments. Planning Department Recommendation Approve as submitted X 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) Property owner responses Exhibit PLANNING AND ZONING MINUTES October 9, 2013 DRAFT The Schertz Planning and Zoning Commission convened on October 9, 2013 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building 44, Schertz, Texas. PLANNING & ZONING COMMISSION CITY STAFF David Richmond, Chairman Brian James, Executive Director Development Ernie Evans, Vice - Chairman Michelle Sanchez, Director Development Services Ken Greenwald Lesa Wood, Senior Planner Bert Crawford, Jr. Bryce Cox, Planner I Richard Braud Larry Busch, Jr., Engineer in Training Michael Dahle Patti White, Executive Asst. Development Christian Glombik William Rumfelt, Alternate Yolanda Suarez, Alternate ZC2013 -011 Hold a public hearing and consider and act upon a request by Keith Sanders to rezone approximately 7.57 acres of land from General Business (GB) to General Business — 2 (GB -2). The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Ms. Wood presented the item by stating that Public Hearing notices were mailed out to 9 property owners on September 27th and as of the report the City received 1 notice neutral and 1 notice in opposition. The notice in opposition has to do with a ingress egress easement that he, Mr. Gutierrez, feels has been blocked. The public hearing notice was published in "The Daily Commercial Recorder" and the "Herald" for the City Council Meeting on October 22"d. The Applicant is purposing to rezone a portion of a 33 acre property to General Business — 2 to move the current RV parking to the rear of the property. The property is currently zoned General Business which does not allow for RV storage. The comprehensive land plan identifies this area as parks and open space; however this property is already zoned General Business and has an existing use as commercial. Staff Recommends Approval of ZC2013 -011 Mr. Mcnew, Applicant's Engineer, gave a presentation about the rezoning of the sanders subdivision also known as A -Ok Storage. The rezoning request is to allow the current RV storage to be relocated to the rear of the property, freeing up the more valuable property on FM 3009 for a higher and better use. This will also allow a road to be built to grant access to the back of the property and for the property subdivided and sold for commercial use. A regional detention pond will be built on the rear of the property that is large enough to accommodate the runoff for the entire property. Mr. Richmond opened the public hearing at 6: 1Opm Draft Minutes Planning and Zoning Commission October 9, 2013 Page 1 of 6 Mr. Layton expressed a concern with the proposed detention pond and the impact that it would have on the drainage way. He expressed a preference to maintain the current zoning or to time the drainage with the storm surges. Mr. Richmond closed the public hearing at 6:13pm Mr. Rumfelt asked if the purposed 7.5 acre rezoning area was the same size as the current area being used for RV storage. Mr. McNew answered that 7.5 acres was larger to include the detention pond but the storage area would be the same size. Mr. Rumfelt asked if the City or applicant had requested the rezoning. Ms. Wood replied that the applicant had requested the zoning. Mr. Rumfelt asked what the benefits to the City were for rezoning this property. Ms. Wood answered that the City would benefit from the aesthetics of moving the RV storage to the rear and that the current RV storage area would be grassed in, and that there would be potential for creating a commercial subdivision. Mr. Rumfelt asked what makes the proposal consistent with the comprehensive plan. Ms. Wood answered that the comprehensive plan identifies this area as parks and open space and that even the current zoning is not consistent with the comprehensive plan. Mr. Dahle asked why the City is requiring asphalt to be put down in the proposed parking area when the current area is caliche. Ms. Wood answered that the UDC requires concrete or asphalt. Mr. Braud asked what requires concrete or asph development. Mr. Crawford asked if concrete or consideration drainage concerns. Ms. Wood reel commercial and any development would have tc Commission that the request being considered w discussed with the Wood answered parking areas for new It would be required taking in it the whole area is currently zoned for rrectly drained. Ms. Wood reminded the the rezoning and that site could be Mr. Richmond asked the reason for rezoning from GB to GB -2. Ms. Wood answered that mini - warehouse, public storage and RV storage was not allowed in GB zoning district. Mr. Dahle asked about the proposed future expansion of FM 3009 through the property. Ms. Wood answered that the proposed expansion would be addressed when the remainder of the property was platted. Mr. Evans asked if only the RV's were going to be moved to the proposed GB -2 area. Ms. Wood answered that the RV parking would be moved and explained that the current construction on site was the approved future expansion from the 2006 site plan. Ms. Suarez asked what would happen if the RV's are visible from Hwy 78. Ms. Wood answered that screening along the public ROW would be required with new development depending on the elevations of the railroad tracks. Mr. Rumsfelt asked who would decide what need to be screened and when that decision would be made. Ms. Wood answered that the City would make that determination with the site plan before building permits. Mr. Dahle asked if the detention pond would be built outside of the existing floodplain lines. Mr. McNew answered that there may be some overlap with the floodplain but the majority of the pond would be outside the floodplain. Mr. Dahle asked if the proposed area would increase the RV parking capacity. Mr. McNew answered that it was of similar size and he was unsure if it Draft Minutes Planning and Zoning Commission October 9, 2013 Page 2 of 6 would increase the capacity. Mr. Crawford asked if the tree line along Hwy 78 could be removed by the railroad. Mr. McNew replied that the railroad could remove the trees if they decided to. Discussions between Commission and Staff as to what comments could be considered for the rezoning case and what needed to be held for the specific use permit consideration. Mr. Dahle moved to recommend to City Council approval of ZC2013 -011 with the conditions as submitted. Mr. Crawford seconded the motion. Vote was 7 -0. Motion carried. SUP2013 -002 Hold a public hearing and consider and act upon a request by Keith Sanders for a Specific Use Permit to allow RV Storage & Mini- Warehouse/Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Ms. Wood presented the item by stating that the property owner is requesting a specific use permit to allow RV storage in GB -2 zoning district. The property is currently being used for mini - warehouse /public storage/ RV parking which requires a specific use permit in GB -2 zoning districts. Staff does recommend approval of the specific use permit with the following conditions 1. The permit be approved for a period of 5 years at which time the use will become a nonconforming use; and 2. The new RV parking area will be constructed out of chip -seal, concrete or asphalt; and 3. Omit the requirement for screening of the open parking area if it can be shown that the area will be screened by the railroad and not visible from FM 78; and 4. Additionally the area currently being used for RV parking will be reestablished with grass. Mr. McNew commented on the drainage and parking surface explaining that detention and asphalt may not be in the best interest for this site, but the code requires it and that the applicant is open to listening to any suggestions from the Commission. The screening along Hwy 78 needs to be discussed and the applicant would prefer to not put up additional screening along Hwy 78. Mr. Richmond opened the public hearing at 6:32 pm. Mr. Gutierrez, 2221 FM 3009, is the owner of the old Gutierrez land fill site and the only ingress /egress shown on the deed is off of FM 78 and goes through the middle of the RV park and we are landlocked. He has talked to Mr. Bierschwale about 5 years ago when the fence went up and thinks that this needs to be addressed. He also stated that he has sent the information to Ms. Woods. Mr. Richmond closed the public hearing at 6:35 pm. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 3 of 6 Ms. Wood stated that the responses to the public hearing notice include one (1) neutral to the request and one (1) opposed to the request with comments from Mr. Gutierrez about the ingress and egress to his site. Mr. Rumfelt asked for an explanation on the Staff recommendation regarding the approval period and non - conforming use. Ms. Woods explained based on the zoning, this type of use is not a permitted use and the City feels that with the SUP expiring in 5 years, this would limit his expansion of a use that is non - conforming already and the 5 year period would allow him to expand with an approved site plan. Mr. Rumfelt asked what happens after 5 years. Ms. Wood stated that in 5 years the SUP would expire and he could have the business, run his business as a mini RV storage, but could not expand it further. Mr. Rumfelt asked without coming back for another? Ms. Wood answered yes, he would need another SUP. Mr. Dahle asked if this is a non - conforming use and he decides to retire in 20 years and sells the business could the new owner continue the business. Ms. Wood answered that if the use has not been abandoned for more than 180 days he could continue the use, but if it's over 180 days then the use would cease to exist and the new owner would need to conform to the conformance. Mr. Evans stated that he the wording enclose storage and covered parking, what is that area. Ms. Wood stated that they have an approved site plan from 2006 that has future expansion with enclosed storage. Mr. Evans asked what is the covered parking. Mr. Braud stated that it's under construction at this moment which is seen from the street and is for large size RV's. Mr. McNew stated that is correct and is on the already in use property and is under construction for RV property. Mr. Evans asked why are we constructing if it's moving. Mr. McNew stated that the top area is moving and the mini - storage is not moving but adding covered parking. Mr. Crawford stated if they are building ''high covered parking today and already on the approved existing plat. Ms. Wood stated yes. Mr. Braud asked Staff to find the portion in the UDC that requires the parking area to be asphalt. Also Mr. Braud asked if there is a difference between asphalt and what they are parking on now — permeable vs. non - permeable. Ms. Wood stated that what they are parking on now is permeable' and in the 10 months of working with Mr. Sanders, Staff has held firm on this portion of the UDC to plat in asphalt or concrete parking. Ms. Wood stated that if someone else came in to develop that entire area, they could do up to 80% of impervious coverage and also would have to comply with our drainage requirements. Mr. Crawford asked if this is business friendly. Ms. Woods stated that it is a code requirement. Ms. Sanchez read the Section 21.10 in the UDC under Parking, Subsection E. Mr. Braud stated that he doesn't see this as required off street parking and he is allowing People to park on his property. Ms. Sanchez stated that he is a creating parking area for boats, RVs and campers and any parking surface has to be paved. Mr. Braud said that this isn't what our UDC says. Ms. Sanchez stated that Staff has had lengthy discussions with the applicant and also Staff and the Planning and Zoning Commission approved a driving area for the existing site for the area within the storage facility in 2006, and the driving surface and parking areas must be asphalt. Mr. Crawford stated in spite of the fact it might cause drainage concerns. Ms. Sanchez stated that drainage concerns will be taken into consideration during the platting process with the drainage study. Mr. Crawford stated that people are not walking on the surface like Target or Walmart as off street parking. Ms. Sanchez stated that it's Draft Minutes Planning and Zoning Commission October 9, 2013 Page 4 of 6 still a parking area. Mr. Richmond stated that if you read the 2nd sentence in the UDC drive approach is pretty broad and indicates anything coming off the thoroughfare as a drive approach. Mr. Crawford stated that we are not talking about a drive approach. Ms. Sanchez stated that in order to get to the back at the facility, you have to drive. Mr. Braud stated that the UDC is poorly written and we should consider other options because of drainage issues. Mr. Crawford asked if Board of Adjustment could make any exemptions. Ms. Sanchez stated that they could ask for a waiver. Mr. Crawford stated that it's an issue of impervious coverage. Ms. Wood stated that they are looking at developing other properties around it and the potential of other retail. Mr. Crawford stated then could we look at what he is going to do and how much that will change the drainage and how things play out. Mr. James stated that because it is a SUP, you have the ability to modify requirements of the UDC, but you cannot on a zoning case. There may be circumstances where there are certain items a different condition or provision is appropriate. Mr. James stated that there are a lot of areas of UDC that do not have clarity and with regard to interpretations if someone takes issues with it, they can take it to the Board of Adjustment. Mr. James stated that if there are areas don't make sense in the UDC, the solution is to come back and work through the standard so that everyone knows what to expect. Mr. James stated that you can specify in a SUP on what surface materials should be and be business friendly when it makes sense for the business owner and the community. Mr. James stated that we allow for detention and the City Engineer or the City Manager has the ability to approve and with regard to gravel, it depends on how you compact the surface and how it affects the surface if it is impervious or pervious. Mr. Dahle stated that he is guessing that the existing surface was allowed because it was not required when the original facility was set up. M. Sanchez stated that on the approved site plan it is supposed to be a concrete surface. Mr. James stated that it didn't get done but has been this way for years. Mr. Evans asked if the City is in the position to ask for permeable asphalt. Mr. James stated yes, however, this requires certain maintenance and can't say it should be imposed on a property owner who hasn't studied it. Ms. Sanchez wanted to clarify that the approved site plan for the storage area showed the concrete, but Staff cannot find the site plan for the RV done separately. Mr. Rumfelt are we asking for concrete. Mr. James stated yes, we are asking for concrete, asphalt or chip seal. Mr. Dahle asked as we went through the discussion if Staff discussed a PDD. Mr. James stated that a PDD is intended to be unique and creative and for mixed use to tweak our standards. Mr. Dahle asked if other options accomplishing the same thing, such as crushed granite could be a consideration. Mr. James stated that we are open to discussing. Mr. Crawford stated that the Commission could approve or disapprove and look at other alternatives and look at developing the back part of the property and look at Mr. Gutierrez position, plus the railroad land, so how can we keep moving. Mr. Evans stated that chip seal is sprayed on and you pack it in. Mr. James stated that we don't normally allow chip seal, but that it was a good compromise. Mr. Richmond stated that this is only one area for discussion and we need to be aware of the challenge that Mr. Gutierrez discussed, plus the proposed barrier along FM 78. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 5 of 6 Mr. McNew stated that Staff has required a 25 foot access easement along the entire parameter adjacent to Dietz Creek which provide access to Mr. Gutierrez from 3009. Ms. Wood stated that the plat that is recorded today already shows an ingress /egress easement from 3009 which is 24 feet. Mr. Evans stated that the City needs to ensure that it is outside the fence. Mr. McNew explained that railroad track and ballast and the trees behind it could be seen over a fence if the trees were not there. Mr. Sanders stated that the business has been there for 17 years and would not make sense for the railroad to take out the trees and the railroad track is higher than the roadway. Mr. Evans asked if the wording could be postponed on the screening and call for action at a later date. Mr. James stated that it would problematic to do that and enforce it. Mr. Braud asked if the screening omit the requirement who depends if Mr. James stated that it would be a site visibility study and as part of the SUP you could state that the site plan must come to the Commission for approval would include a site visibility study. Mr. Dahle asked about the height of the screening. Ms. Wood stated that it could go up to 20 feet high. Mr. Sanders stated that they don't want to do the chip seal, but they have a commitment for funds if the City tells them that they have to do it. Mr. Richmond stated that there are several issues, if forwarding as a recommendation to City Council, such as drainage, the barrier along 78, access easement on 3009 and 78 if it exists and if on which property and attach those conditions to move forward. Mr. Braud suggested that we would have to craft some wording for the conditions. Mr. James stated that the Commission could table the item and move on to the next item while Staff works with the applicant to write down language or wording for the conditions. Mr. Greenwald motioned to table SUP2013 -002 until the end of the meeting. Mr. Crawford seconded the motion. Vote was 7- 0.''Motion carried. At 8:26PM Mr. Greenwald motioned to take SUP2013 -002 off the table. Mr. Crawford seconded the motion. Vote was 7 -0. Motion carried. Mr. James stated that the word /language for the conditions could be: 1. The Specific Use Permit is approved for a period of 5 years after which time the use will become a non - conforming use; if at that time the applicant submits for a new specific use permit the need for screening along FM 78 will be considered. No additional screening along FM 78 is required at this time. 2. Additionally as part of any future Specific Use Permit, City Council will consider the amount of development that occurred on the property within the entire subdivision plat. 3. Require base, chip seal, concrete or asphalt as an approved surface. And the Commission could tack on a statement that additionally Staff will work with the Applicant and Mr. Gutierrez prior to City Council consideration to resolve any access issues. Mr. Crawford motioned to approve SUP2013 -002 with the conditions noted above by Mr. James and that Staff will review Mr. Gutierrez's issues on his property prior to going to City Council. Mr. Greenwald seconded the motion. Vote was 5 -2 with Mr. Evans and Mr. Dahle voting nay. Motion carried. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 6 of 6 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: Development Services Subject: Ordinance No. 13 -S -48 — Conduct a Public Hearing and consideration and /or action as requested by Keith Sanders to allow a Specific Use Permit to allow RV Storage & Mini- Warehouse/Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. BACKGROUND The applicant is requesting a Specific Use Permit to allow for RV Storage & Mini - Warehouse/Public Storage on approximately 7.57 acres of land to expand the existing A -OK storage facility and relocate the RV open parking area currently adjacent to FM 3009 to the rear of the property. The facility is located on a portion of Lot 2R, Block 1 of the Sanders Subdivision. The public hearing notice was published in "The Daily Commercial Recorder' and the "Herald" and notices were 9 notices mailed to surrounding property. Staff received two responses to the request which are as follows: • one (1) response neutral to the request; and • one (1) response opposed to the request with the following comment from Property owner Henry Gutierrez, Jr. - `In regards to the closed Gutierrez site Henry Gutierrez Estates the RV Storage & Mini Warehouse blocked and fenced deeded ingress - egress. Goal Keith Sanders is requesting a Specific Use Permit to relocate the existing open RV Storage from the current location adjacent to FM 3009 to the rear of existing Mini - Warehouse facilities. City Council Memorandum Page 2 Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed RV storage and Mini- Warehouse/Public Storage will be subject to provisions of the Unified Development Code. The project involves expansion of the existing A -OK storage facility to include the relocation of the RV open parking area currently adjacent to FM 3009 to the rear of the property. Staff recommends that the Specific Use permit to expand the RV Storage be approved for a period of 5 years, after which time the use will become a non - conforming use. This will restrict any future expansion of the use, but business will be allowed to remain in operation unless the use ceases for a period beyond 6 months. Screening of the site for the new parking area will be installed in accordance with the UDC. IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is directly adjacent to a Mini- Warehouse/Public Storage (A -OK Storage), an abandon Landfill, and the Union Pacific Railroad. This property and the adjacent properties are zoned General Business for non - residential development that offer a wide variety of retail and service establishments and the expansion of the facility will not have a negative impact on the adjacent properties. The relocation of the RV Storage to the rear of the site will provide for potential development along FM 3009 and locating the RV Storage to the rear of the site will make the RV storage less visible from FM 3009. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on October 9, 2013 and offered a recommendation of approval to grant a Specific Use Permit with conditions by a 5/2 vote with Mr. Evans and Mr. Dahle voting nay. The conditions are as follows: 1. The Specific Use permit is approved for a period of 5 years, after which time the use will become a non - conforming use; if at that time the applicant submits for a new specific use permit the need for screening along FM 78 will be considered; no additional screening along FM 78 is required at this time. 2. Additionally as part of any future SUP, the City Council will consider the amount of the development of property within the entire subdivision. 3. Require base, chip seal, concrete or asphalt as an approved surface. Staff recommendation is provided in the attached Planning and Zoning staff report. City Council Memorandum Page 3 ATTACHMENT Ordinance No. 13 -S -48. 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I� / ! , f �( i ? � ro ! �/ / ' Illf f l '! I I I 5 ,.••• ,� � / � VIII ?, 1,�}1 � !' / f( \ � r 1 � // Il/ �11f11�llfllll 1 j � -'�� =��''• I� �,v la I: ivy! y I. �/ /1'11' yf�ip 1� / � l v ' 1 f Ifllr Il�•� I r `r i 1! to m / / 5_�. r� � �, �n ! j ! ! III i Ai S'' "••• c V ?I1 / / //• ',lel � 9 ! � l 1 r 411! { II �,,....� / ggq�.�3� ° 11f�flfr 9. i r ! f �wN�N I l I � I !llili' -III r f lf..11111 fw� ?ilrl' I Nfig° mix,. I L ix ,Ill w Ar illllll I oil I �� 1 SOUP. PLANNING AND ZONING MINUTES October 9, 2013 DRAFT The Schertz Planning and Zoning Commission convened on October 9, 2013 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building 44, Schertz, Texas. PLANNING & ZONING COMMISSION CITY STAFF David Richmond, Chairman Brian James, Executive Director Development Ernie Evans, Vice - Chairman Michelle Sanchez, Director Development Services Ken Greenwald Lesa Wood, Senior Planner Bert Crawford, Jr. Bryce Cox, Planner I Richard Braud Larry Busch, Jr., Engineer in Training Michael Dahle Patti White, Executive Asst. Development Christian Glombik William Rumfelt, Alternate Yolanda Suarez, Alternate ZC2013 -011 Hold a public hearing and consider and act upon a request by Keith Sanders to rezone approximately 7.57 acres of land from General Business (GB) to General Business — 2 (GB -2). The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Ms. Wood presented the item by stating that Public Hearing notices were mailed out to 9 property owners on September 27th and as of the report the City received 1 notice neutral and 1 notice in opposition. The notice in opposition has to do with a ingress egress easement that he, Mr. Gutierrez, feels has been blocked. The public hearing notice was published in "The Daily Commercial Recorder" and the "Herald" for the City Council Meeting on October 22"d. The Applicant is purposing to rezone a portion of a 33 acre property to General Business — 2 to move the current RV parking to the rear of the property. The property is currently zoned General Business which does not allow for RV storage. The comprehensive land plan identifies this area as parks and open space; however this property is already zoned General Business and has an existing use as commercial. Staff Recommends Approval of ZC2013 -011. Mr. McNew, Applicant's Engineer, gave a presentation about the rezoning of the sanders subdivision also known as A -Ok Storage. The rezoning request is to allow the current RV storage to be relocated to the rear of the property, freeing up the more valuable property on FM 3009 for a higher and better use. This will also allow a road to be built to grant access to the back of the property and for the property subdivided and sold for commercial use. A regional detention pond will be built on the rear of the property that is large enough to accommodate the runoff for the entire property. Mr. Richmond opened the public hearing at 6: 1Opm. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 1 of 6 Mr. Layton expressed a concern with the proposed detention pond and the impact that it would have on the drainage way. He expressed a preference to maintain the current zoning or to time the drainage with the storm surges. Mr. Richmond closed the public hearing at 6:13pm Mr. Rumfelt asked if the purposed 7.5 acre rezoning area was the same size as the current area being used for RV storage. Mr. McNew answered that 7.5 acres was larger to include the detention pond but the storage area would be the same size. Mr. Rumfelt asked if the City or applicant had requested the rezoning. Ms. Wood replied that the applicant had requested the zoning. Mr. Rumfelt asked what the benefits to the City were for rezoning this property. Ms. Wood answered that the City would benefit from the aesthetics of moving the RV storage to the rear and that the current RV storage area would be grassed in, and that there would be potential for creating a commercial subdivision. Mr. Rumfelt asked what makes the proposal consistent with the comprehensive plan. Ms. Wood answered that the comprehensive plan identifies this area as parks and open space and that even the current zoning is not consistent with the comprehensive plan. Mr. Dahle asked why the City is requiring asphalt to be put down in the proposed parking area when the current area is caliche. Ms. Wood answered that the UDC requires concrete or asphalt. Mr. Braud asked what requires concrete or asph development. Mr. Crawford asked if concrete or consideration drainage concerns. Ms. Wood reel commercial and any development would have tc Commission that the request being considered w discussed with the Wood answered parking areas for new It would be required taking in it the whole area is currently zoned for rrectly drained. Ms. Wood reminded the the rezoning and that site could be Mr. Richmond asked the reason for rezoning from GB to GB -2. Ms. Wood answered that mini - warehouse, public storage and RV storage was not allowed in GB zoning district. Mr. Dahle asked about the proposed future expansion of FM 3009 through the property. Ms. Wood answered that the proposed expansion would be addressed when the remainder of the property was platted. Mr. Evans asked if only the RV's were going to be moved to the proposed GB -2 area. Ms. Wood answered that the RV parking would be moved and explained that the current construction on site was the approved future expansion from the 2006 site plan. Ms. Suarez asked what would happen if the RV's are visible from Hwy 78. Ms. Wood answered that screening along the public ROW would be required with new development depending on the elevations of the railroad tracks. Mr. Rumsfelt asked who would decide what need to be screened and when that decision would be made. Ms. Wood answered that the City would make that determination with the site plan before building permits. Mr. Dahle asked if the detention pond would be built outside of the existing floodplain lines. Mr. McNew answered that there may be some overlap with the floodplain but the majority of the pond would be outside the floodplain. Mr. Dahle asked if the proposed area would increase the RV parking capacity. Mr. McNew answered that it was of similar size and he was unsure if it Draft Minutes Planning and Zoning Commission October 9, 2013 Page 2 of 6 would increase the capacity. Mr. Crawford asked if the tree line along Hwy 78 could be removed by the railroad. Mr. McNew replied that the railroad could remove the trees if they decided to. Discussions between Commission and Staff as to what comments could be considered for the rezoning case and what needed to be held for the specific use permit consideration. Mr. Dahle moved to recommend to City Council approval of ZC2013 -011 with the conditions as submitted. Mr. Crawford seconded the motion. Vote was 7 -0. Motion carried. SUP2013 -002 Hold a public hearing and consider and act upon a request by Keith Sanders for a Specific Use Permit to allow RV Storage & Mini- Warehouse/Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Ms. Wood presented the item by stating that the property owner is requesting a specific use permit to allow RV storage in GB -2 zoning district. The property is currently being used for mini - warehouse /public storage/ RV parking which requires a specific use permit in GB -2 zoning districts. Staff does recommend approval of the specific use permit with the following conditions 1. The permit be approved for a period of 5 years at which time the use will become a nonconforming use; and 2. The new RV parking area will be constructed out of chip -seal, concrete or asphalt; and 3. Omit the requirement for screening of the open parking area if it can be shown that the area will be screened by the railroad and not visible from FM 78; and 4. Additionally the area currently being used for RV parking will be reestablished with grass. Mr. McNew commented on the drainage and parking surface explaining that detention and asphalt may not be in the best interest for this site, but the code requires it and that the applicant is open to listening to any suggestions from the Commission. The screening along Hwy 78 needs to be discussed and the applicant would prefer to not put up additional screening along Hwy 78. Mr. Richmond opened the public hearing at 6:32 pm. Mr. Gutierrez, 2221 FM 3009, is the owner of the old Gutierrez land fill site and the only ingress /egress shown on the deed is off of FM 78 and goes through the middle of the RV park and we are landlocked. He has talked to Mr. Bierschwale about 5 years ago when the fence went up and thinks that this needs to be addressed. He also stated that he has sent the information to Ms. Woods. Mr. Richmond closed the public hearing at 6:35 pm. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 3 of 6 Ms. Wood stated that the responses to the public hearing notice include one (1) neutral to the request and one (1) opposed to the request with comments from Mr. Gutierrez about the ingress and egress to his site. Mr. Rumfelt asked for an explanation on the Staff recommendation regarding the approval period and non - conforming use. Ms. Woods explained based on the zoning, this type of use is not a permitted use and the City feels that with the SUP expiring in 5 years, this would limit his expansion of a use that is non - conforming already and the 5 year period would allow him to expand with an approved site plan. Mr. Rumfelt asked what happens after 5 years. Ms. Wood stated that in 5 years the SUP would expire and he could have the business, run his business as a mini RV storage, but could not expand it further. Mr. Rumfelt asked without coming back for another? Ms. Wood answered yes, he would need another SUP. Mr. Dahle asked if this is a non - conforming use and he decides to retire in 20 years and sells the business could the new owner continue the business. Ms. Wood answered that if the use has not been abandoned for more than 180 days he could continue the use, but if it's over 180 days then the use would cease to exist and the new owner would need to conform to the conformance. Mr. Evans stated that he the wording enclose storage and covered parking, what is that area. Ms. Wood stated that they have an approved site plan from 2006 that has future expansion with enclosed storage. Mr. Evans asked what is the covered parking. Mr. Braud stated that it's under construction at this moment which is seen from the street and is for large size RV's. Mr. McNew stated that is correct and is on the already in use property and is under construction for RV property. Mr. Evans asked why are we constructing if it's moving. Mr. McNew stated that the top area is moving and the mini - storage is not moving but adding covered parking. Mr. Crawford stated if they are building ''high covered parking today and already on the approved existing plat. Ms. Wood stated yes. Mr. Braud asked Staff to find the portion in the UDC that requires the parking area to be asphalt. Also Mr. Braud asked if there is a difference between asphalt and what they are parking on now — permeable vs. non - permeable. Ms. Wood stated that what they are parking on now is permeable' and in the 10 months of working with Mr. Sanders, Staff has held firm on this portion of the UDC to plat in asphalt or concrete parking. Ms. Wood stated that if someone else came in to develop that entire area, they could do up to 80% of impervious coverage and also would have to comply with our drainage requirements. Mr. Crawford asked if this is business friendly. Ms. Woods stated that it is a code requirement. Ms. Sanchez read the Section 21.10 in the UDC under Parking, Subsection E. Mr. Braud stated that he doesn't see this as required off street parking and he is allowing People to park on his property. Ms. Sanchez stated that he is a creating parking area for boats, RVs and campers and any parking surface has to be paved. Mr. Braud said that this isn't what our UDC says. Ms. Sanchez stated that Staff has had lengthy discussions with the applicant and also Staff and the Planning and Zoning Commission approved a driving area for the existing site for the area within the storage facility in 2006, and the driving surface and parking areas must be asphalt. Mr. Crawford stated in spite of the fact it might cause drainage concerns. Ms. Sanchez stated that drainage concerns will be taken into consideration during the platting process with the drainage study. Mr. Crawford stated that people are not walking on the surface like Target or Walmart as off street parking. Ms. Sanchez stated that it's Draft Minutes Planning and Zoning Commission October 9, 2013 Page 4 of 6 still a parking area. Mr. Richmond stated that if you read the 2nd sentence in the UDC drive approach is pretty broad and indicates anything coming off the thoroughfare as a drive approach. Mr. Crawford stated that we are not talking about a drive approach. Ms. Sanchez stated that in order to get to the back at the facility, you have to drive. Mr. Braud stated that the UDC is poorly written and we should consider other options because of drainage issues. Mr. Crawford asked if Board of Adjustment could make any exemptions. Ms. Sanchez stated that they could ask for a waiver. Mr. Crawford stated that it's an issue of impervious coverage. Ms. Wood stated that they are looking at developing other properties around it and the potential of other retail. Mr. Crawford stated then could we look at what he is going to do and how much that will change the drainage and how things play out. Mr. James stated that because it is a SUP, you have the ability to modify requirements of the UDC, but you cannot on a zoning case. There may be circumstances where there are certain items a different condition or provision is appropriate. Mr. James stated that there are a lot of areas of UDC that do not have clarity and with regard to interpretations if someone takes issues with it, they can take it to the Board of Adjustment. Mr. James stated that if there are areas don't make sense in the UDC, the solution is to come back and work through the standard so that everyone knows what to expect. Mr. James stated that you can specify in a SUP on what surface materials should be and be business friendly when it makes sense for the business owner and the community. Mr. James stated that we allow for detention and the City Engineer or the City Manager has the ability to approve and with regard to gravel, it depends on how you compact the surface and how it affects the surface if it is impervious or pervious. Mr. Dahle stated that he is guessing that the existing surface was allowed because it was not required when the original facility was set up. M. Sanchez stated that on the approved site plan it is supposed to be a concrete surface. Mr. James stated that it didn't get done but has been this way for years. Mr. Evans asked if the City is in the position to ask for permeable asphalt. Mr. James stated yes, however, this requires certain maintenance and can't say it should be imposed on a property owner who hasn't studied it. Ms. Sanchez wanted to clarify that the approved site plan for the storage area showed the concrete, but Staff cannot find the site plan for the RV done separately. Mr. Rumfelt are we asking for concrete. Mr. James stated yes, we are asking for concrete, asphalt or chip seal. Mr. Dahle asked as we went through the discussion if Staff discussed a PDD. Mr. James stated that a PDD is intended to be unique and creative and for mixed use to tweak our standards. Mr. Dahle asked if other options accomplishing the same thing, such as crushed granite could be a consideration. Mr. James stated that we are open to discussing. Mr. Crawford stated that the Commission could approve or disapprove and look at other alternatives and look at developing the back part of the property and look at Mr. Gutierrez position, plus the railroad land, so how can we keep moving. Mr. Evans stated that chip seal is sprayed on and you pack it in. Mr. James stated that we don't normally allow chip seal, but that it was a good compromise. Mr. Richmond stated that this is only one area for discussion and we need to be aware of the challenge that Mr. Gutierrez discussed, plus the proposed barrier along FM 78. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 5 of 6 Mr. McNew stated that Staff has required a 25 foot access easement along the entire parameter adjacent to Dietz Creek which provide access to Mr. Gutierrez from 3009. Ms. Wood stated that the plat that is recorded today already shows an ingress /egress easement from 3009 which is 24 feet. Mr. Evans stated that the City needs to ensure that it is outside the fence. Mr. McNew explained that railroad track and ballast and the trees behind it could be seen over a fence if the trees were not there. Mr. Sanders stated that the business has been there for 17 years and would not make sense for the railroad to take out the trees and the railroad track is higher than the roadway. Mr. Evans asked if the wording could be postponed on the screening and call for action at a later date. Mr. James stated that it would problematic to do that and enforce it. Mr. Braud asked if the screening omit the requirement who depends if Mr. James stated that it would be a site visibility study and as part of the SUP you could state that the site plan must come to the Commission for approval would include a site visibility study. Mr. Dahle asked about the height of the screening. Ms. Wood stated that it could go up to 20 feet high. Mr. Sanders stated that they don't want to do the chip seal, but they have a commitment for funds if the City tells them that they have to do it. Mr. Richmond stated that there are several issues, if forwarding as a recommendation to City Council, such as drainage, the barrier along 78, access easement on 3009 and 78 if it exists and if on which property and attach those conditions to move forward. Mr. Braud suggested that we would have to craft some wording for the conditions. Mr. James stated that the Commission could table the item and move on to the next item while Staff works with the applicant to write down language or wording for the conditions. Mr. Greenwald motioned to table SUP2013 -002 until the end of the meeting. Mr. Crawford seconded the motion. Vote was 7- 0.''Motion carried. At 8:26PM Mr. Greenwald motioned to take SUP2013 -002 off the table. Mr. Crawford seconded the motion. Vote was 7 -0. Motion carried. Mr. James stated that the word /language for the conditions could be: 1. The Specific Use Permit is approved for a period of 5 years after which time the use will become a non - conforming use; if at that time the applicant submits for a new specific use permit the need for screening along FM 78 will be considered. No additional screening along FM 78 is required at this time. 2. Additionally as part of any future Specific Use Permit, City Council will consider the amount of development that occurred on the property within the entire subdivision plat. 3. Require base, chip seal, concrete or asphalt as an approved surface. And the Commission could tack on a statement that additionally Staff will work with the Applicant and Mr. Gutierrez prior to City Council consideration to resolve any access issues. Mr. Crawford motioned to approve SUP2013 -002 with the conditions noted above by Mr. James and that Staff will review Mr. Gutierrez's issues on his property prior to going to City Council. Mr. Greenwald seconded the motion. Vote was 5 -2 with Mr. Evans and Mr. Dahle voting nay. Motion carried. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 6 of 6 i 1 �;� 1 ' @C L.y s � l 9 ' TO: Planning and Zoning Commission THROUGH: Michelle Sanchez, Director of Development Services PREPARED BY: Lesa Wood, Planner I CASE: SUP2013 -002 Sanders Subdivision — Specific Use Permit SUBJECT: Hold a public hearing and consider and make a recommendation on a request by Keith Sanders for a Specific Use Permit to allow RV Storage & Mini - Warehouse /Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. GENERAL INFORMATION: Owner /Applicant: Keith Sanders Project Engineer: Don McCrary and Associated, Sammy Flores APPLICATION SUBMITTAL DATE: June 6, 2013 August 2, 2013 September 27, 2013 (Original Application) (Revised Submittal) (Revised Submittal) PUBLIC NOTICE: The public hearing notice was published in "The Dai /y Commercial Recorder"and the "Hera /d "for the October 22, 2013 City Council Meeting. There were 9 notices mailed to surrounding property owners on September 27, 2013. OPPOSITION TO OR SUPPORT OF THE REQUEST: As of this staff report no responses were received in favor or opposed to the request. ITEM SUMMARY: The applicant is requesting a Specific Use Permit to allow for RV Storage & Mini - Warehouse /Public Storage on approximately 7.57 acres of land to expand the existing A -OK storage facility and relocate the RV open parking area currently adjacent to FM 3009 to the rear of the property. The facility is located on a portion of Lot 2R, Block 1 of the Sanders Subdivision. LAND USES AND ZONING: Zoning Land Use Existing General Business District (GB) Undeveloped /Mini Warehouse /RV Proposed General Business District — 2 (GB -2) RV Storaqe /Mini Warehouse /Public Adjacent Properties: CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed RV storage and Mini - Warehouse /Public Storage will be subject to provisions of the Unified Development Code. The project involves expansion of the existing A -OK storage facility to include the relocation of the RV open parking area currently adjacent to FM 3009 to the rear of the property; and to construct additional enclosed storage buildings and covered parking structures approved by a site plan dated May 2006. The approved site plan requires that the driving surface be constructed of concrete or asphalt, which staff reiterated is the minimum requirement. The new open parking area proposed at the rear of the property will be required to be chip seal, concrete or asphalt. Using only base or gravel material as the final parking surface will not be authorized. The existing open parking area, once relocated to the rear of the property, will have to be planted with grass to better the appearance of the property along FM 3009. Staff recommends that the Specific Use permit be approved for a period of 5 years, after which time the use will become a non - conforming use. This will restrict any future expansion of the use, but business will be allowed to remain in operation unless the use ceases for a period beyond 6 months. Screening of the site for the new parking area will be installed in accordance with the UDC. IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is directly adjacent to a Mini - Warehouse /Public Storage (A -OK Storage), Landfill, and the Union Pacific Railroad. This property and the adjacent properties are zoned General Business for non- residential development that offer a wide variety of retail and service establishments and the expansion of the facility will not have a negative impact on the adjacent properties. The relocation of the RV Storage to the rear of the site will provide for potential development along FM 3009 and locating the RV Storage to the rear of the site will make the RV storage less visible from FM 3009. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of the Specific Use Permit with condition that a Specific Use Permit for RV Storage & Mini Warehouse /Public Storage be approved for a period of 5 years, after which time the use will become a non - conforming use. The Specific Use Permit is approved for a period of 5 years, after which time the use will become a non - conforming use. Require a chip seal, concrete or asphalt as the final parking surface at the new open parking area. • Omit the requirement for screening of the open parking area if it can be shown that the area will be screened by the railroad and not visible from FM 78. 2 Zoning Land Use North General Business District (GB) Undeveloped South General Business District (GB) Railroad /Retail East General Business District (GB) Undeveloped West General Business District (GB) Retail CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed RV storage and Mini - Warehouse /Public Storage will be subject to provisions of the Unified Development Code. The project involves expansion of the existing A -OK storage facility to include the relocation of the RV open parking area currently adjacent to FM 3009 to the rear of the property; and to construct additional enclosed storage buildings and covered parking structures approved by a site plan dated May 2006. The approved site plan requires that the driving surface be constructed of concrete or asphalt, which staff reiterated is the minimum requirement. The new open parking area proposed at the rear of the property will be required to be chip seal, concrete or asphalt. Using only base or gravel material as the final parking surface will not be authorized. The existing open parking area, once relocated to the rear of the property, will have to be planted with grass to better the appearance of the property along FM 3009. Staff recommends that the Specific Use permit be approved for a period of 5 years, after which time the use will become a non - conforming use. This will restrict any future expansion of the use, but business will be allowed to remain in operation unless the use ceases for a period beyond 6 months. Screening of the site for the new parking area will be installed in accordance with the UDC. IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is directly adjacent to a Mini - Warehouse /Public Storage (A -OK Storage), Landfill, and the Union Pacific Railroad. This property and the adjacent properties are zoned General Business for non- residential development that offer a wide variety of retail and service establishments and the expansion of the facility will not have a negative impact on the adjacent properties. The relocation of the RV Storage to the rear of the site will provide for potential development along FM 3009 and locating the RV Storage to the rear of the site will make the RV storage less visible from FM 3009. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of the Specific Use Permit with condition that a Specific Use Permit for RV Storage & Mini Warehouse /Public Storage be approved for a period of 5 years, after which time the use will become a non - conforming use. The Specific Use Permit is approved for a period of 5 years, after which time the use will become a non - conforming use. Require a chip seal, concrete or asphalt as the final parking surface at the new open parking area. • Omit the requirement for screening of the open parking area if it can be shown that the area will be screened by the railroad and not visible from FM 78. 2 • Remove the gravel from the existing open parking area and plant the area with grass to better the appearance of the property. Planning Department Recommendation Approve as submitted X 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 Specific Use Permit application, the Commission should consider the criteria within UDC, Section 21.5.11 D. Attachments: Aerial (Maps) Exhibit i 1 �;� 1 ' @C L.y s � l 9 ' TO: Planning and Zoning Commission THROUGH: Michelle Sanchez, Director of Development Services PREPARED BY: Lesa Wood, Planner I CASE: SUP2013 -002 Sanders Subdivision — Specific Use Permit SUBJECT: Hold a public hearing and consider and make a recommendation on a request by Keith Sanders for a Specific Use Permit to allow RV Storage & Mini - Warehouse /Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. GENERAL INFORMATION: Owner /Applicant: Keith Sanders Project Engineer: Don McCrary and Associated, Sammy Flores APPLICATION SUBMITTAL DATE: June 6, 2013 August 2, 2013 September 27, 2013 (Original Application) (Revised Submittal) (Revised Submittal) PUBLIC NOTICE: The public hearing notice was published in "The Dai /y Commercial Recorder"and the "Hera /d "for the October 22, 2013 City Council Meeting. There were 9 notices mailed to surrounding property owners on September 27, 2013. OPPOSITION TO OR SUPPORT OF THE REQUEST: As of this staff report no responses were received in favor or opposed to the request. ITEM SUMMARY: The applicant is requesting a Specific Use Permit to allow for RV Storage & Mini - Warehouse /Public Storage on approximately 7.57 acres of land to expand the existing A -OK storage facility and relocate the RV open parking area currently adjacent to FM 3009 to the rear of the property. The facility is located on a portion of Lot 2R, Block 1 of the Sanders Subdivision. LAND USES AND ZONING: Zoning Land Use Existing General Business District (GB) Undeveloped /Mini Warehouse /RV Proposed General Business District — 2 (GB -2) RV Storaqe /Mini Warehouse /Public Adjacent Properties: CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed RV storage and Mini - Warehouse /Public Storage will be subject to provisions of the Unified Development Code. The project involves expansion of the existing A -OK storage facility to include the relocation of the RV open parking area currently adjacent to FM 3009 to the rear of the property; and to construct additional enclosed storage buildings and covered parking structures approved by a site plan dated May 2006. The approved site plan requires that the driving surface be constructed of concrete or asphalt, which staff reiterated is the minimum requirement. The new open parking area proposed at the rear of the property will be required to be chip seal, concrete or asphalt. Using only base or gravel material as the final parking surface will not be authorized. The existing open parking area, once relocated to the rear of the property, will have to be planted with grass to better the appearance of the property along FM 3009. Staff recommends that the Specific Use permit be approved for a period of 5 years, after which time the use will become a non - conforming use. This will restrict any future expansion of the use, but business will be allowed to remain in operation unless the use ceases for a period beyond 6 months. Screening of the site for the new parking area will be installed in accordance with the UDC. IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is directly adjacent to a Mini - Warehouse /Public Storage (A -OK Storage), Landfill, and the Union Pacific Railroad. This property and the adjacent properties are zoned General Business for non- residential development that offer a wide variety of retail and service establishments and the expansion of the facility will not have a negative impact on the adjacent properties. The relocation of the RV Storage to the rear of the site will provide for potential development along FM 3009 and locating the RV Storage to the rear of the site will make the RV storage less visible from FM 3009. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of the Specific Use Permit with condition that a Specific Use Permit for RV Storage & Mini Warehouse /Public Storage be approved for a period of 5 years, after which time the use will become a non - conforming use. The Specific Use Permit is approved for a period of 5 years, after which time the use will become a non - conforming use. Require a chip seal, concrete or asphalt as the final parking surface at the new open parking area. • Omit the requirement for screening of the open parking area if it can be shown that the area will be screened by the railroad and not visible from FM 78. 2 Zoning Land Use North General Business District (GB) Undeveloped South General Business District (GB) Railroad /Retail East General Business District (GB) Undeveloped West General Business District (GB) Retail CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed RV storage and Mini - Warehouse /Public Storage will be subject to provisions of the Unified Development Code. The project involves expansion of the existing A -OK storage facility to include the relocation of the RV open parking area currently adjacent to FM 3009 to the rear of the property; and to construct additional enclosed storage buildings and covered parking structures approved by a site plan dated May 2006. The approved site plan requires that the driving surface be constructed of concrete or asphalt, which staff reiterated is the minimum requirement. The new open parking area proposed at the rear of the property will be required to be chip seal, concrete or asphalt. Using only base or gravel material as the final parking surface will not be authorized. The existing open parking area, once relocated to the rear of the property, will have to be planted with grass to better the appearance of the property along FM 3009. Staff recommends that the Specific Use permit be approved for a period of 5 years, after which time the use will become a non - conforming use. This will restrict any future expansion of the use, but business will be allowed to remain in operation unless the use ceases for a period beyond 6 months. Screening of the site for the new parking area will be installed in accordance with the UDC. IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is directly adjacent to a Mini - Warehouse /Public Storage (A -OK Storage), Landfill, and the Union Pacific Railroad. This property and the adjacent properties are zoned General Business for non- residential development that offer a wide variety of retail and service establishments and the expansion of the facility will not have a negative impact on the adjacent properties. The relocation of the RV Storage to the rear of the site will provide for potential development along FM 3009 and locating the RV Storage to the rear of the site will make the RV storage less visible from FM 3009. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of the Specific Use Permit with condition that a Specific Use Permit for RV Storage & Mini Warehouse /Public Storage be approved for a period of 5 years, after which time the use will become a non - conforming use. The Specific Use Permit is approved for a period of 5 years, after which time the use will become a non - conforming use. Require a chip seal, concrete or asphalt as the final parking surface at the new open parking area. • Omit the requirement for screening of the open parking area if it can be shown that the area will be screened by the railroad and not visible from FM 78. 2 • Remove the gravel from the existing open parking area and plant the area with grass to better the appearance of the property. Planning Department Recommendation Approve as submitted X 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 Specific Use Permit application, the Commission should consider the criteria within UDC, Section 21.5.11 D. Attachments: Aerial (Maps) Exhibit Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: Subject: BACKGROUND Development Services Ordinance No. 13 -S -49 — Conduct a Public Hearing and consideration and /or action as requested by Petroleum Wholesale to rezone approximately 3.99 acres of land from Predevelopment District (PRE) to General Business — 2 (GB -2). The property is more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar County, Texas and located at 14425 1H 10 East. The applicant is proposing to rezone approximately 3.99 acres of land from Predevelopment District (PRE) to General Business (GB). The applicant submitted the application requesting the zoning of General Business District — 2 (GB -2); however, based on discussions with Staff and the Planning and Zoning Commission; the applicant has changed their zoning request to request a more restrictive zoning of General Business (GB) and the Planning and Zoning Commission accepted the requested change. The property is located at 14425 IH 10 East and more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision. The site has an existing 5,600 square foot convenience store with gas pumps and a 4,700 Auto Repair Facility. The subject property was annexed on July 20, 2010 by Ordinance 10 -A -20 and is currently platted. The public hearing notice was published in "The Daily Commercial Recorder' and the "Herald" and 6 notices were mailed to surrounding property owners. Staff received one (1) response in favor of the request. Goal Petroleum Wholesale is requesting to rezone approximately 3.99 acres of land located at 14425 1H 10 East from Predevelopment District (PRE) to General Business (GB) to allow the existing use of Convenience Store with gas pumps. City Council Memorandum Page 2 Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Map (FLUM). The plan designates the subject property for Agricultural Residential which is defined in the Comprehensive Land Plan as intended to preserve the rural /agriculture state to include large lot residential and some related commercial uses such as: landscaping business, metal workshop, farmers market, convenience store, etc. • 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 provides a neighborhood service for surrounding residential. • 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 undeveloped, residential or existing commercial businesses. The Convenience Store with gas pumps is an existing use on the site. The applicant is proposing to rezone the property from the current PRE zoning, which is intended as a temporary designation for newly annexed property, to General Business (GB) to allow for an expansion of their existing 5,600 square foot building. The existing use of Convenience Store with gas pumps at this location appears to be an appropriate use for this tract of land due to its location on IH 10 and will have a minimal impact on the public infrastructure, facilities or services. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on October 9, 2013 and offered a recommendation of approval to rezone the property from Predevelopment (PRE) to General Business (GB) by a unanimous vote. Staff recommends approval of the request to rezone the property from Predevelopment (PRE) to General Business (GB) based on its compliance with the Comprehensive Land Use Plan. City Council Memorandum Page 3 ATTACHMENT Ordinance No. 13 -S -49. WHEREAS, The property owner is requesting to rezone approximately 3.99± acres of land described in the Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the "Property "). WHEREAS, all required notices have been provided; WHEREAS, on October 9, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a zone change to General Business (GB). WHEREAS; on October 22, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED COUNCIL OF OF ' Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby zoned General Business (GB) known as the M & W Travel Center Subdivision. Section 2. The Official Zoning Map (Ordinance No. 11 -S -15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Ordinance 13 -S -49 M & W Travel Center Subdivision Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on first reading the 22"d day of October, 2013 PASSED, APPROVED AND ADOPTED on final reading the day of , 2013. Michael R. Carpenter, Mayor ATTEST; Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13 -S -49 M & W 'Fravel Center Subdivision e LANDMARK SURVEYING 26254 tH 10 West, Suite 105 ® Boerne, TX 78006 0 830.428.0290 BEING 3.990 acres of land out of the E. Gotari Survey No. 2, Abstract No. 5, Bexar County, Texas, being all of Lot 11, Block 200, M & W TRAVEL CENTER SUBDIVISION as shown on the plat recorded in Volume 9535, Page 8, Deed & Plat Records of Bexar County, Texas (DPRBCT) (R1), said 3.990 acres being more particularly described by metes and bounds as follows: BEGINNING at a found 112" rebar with no identification for the southwestern most corner of said Lot 11, located on the northern ROW of IH 10, from which a found 1/2" rebar with no identificaiton bears North 30° 14' 05" West for 430.97 feet (North 290 53'42" West for 431.27 feet, R1) for reference; THENCE around the perimeter of said Lot 11 the following eleven (11) bearings and distances: 1. North 300 14' 05" West for 430.97 feet (North 290 53' 42" West for 431.27 feet, R1) to a found 112" rebar with no identification for the northwestern most corner of this tract; 2. North 59° 46' 30" East for 286.16 feet (North 600 07' 18" East for 286.28 feet, R1) to a found 112" rebar with no identification for a northeast corner of this tract; 3. South 30° 16' 07" East for 283.94 feet (South 290 55' 00" East for 284.03 feet, R1) to a found 112" rebar with no identification for an interior corner of this tract; 4. North 590 40' 52" East for 392.65 feet (North 600 03' 50" East for 392.28 feet, R1) to a found 1!2" rebar stamped "FORD ENGR" for a northeast corner of this tract; 5. South 43° 24' 06" East for 30.95 feet (South 43° 00' 54" East for 30.71 feet, R1) to a found 112" rebar with no identification for a southeast corner of this tract; 6. South 59° 46' 59" West for 204.01 feet (South 60° 04'27" West for 203.73 feet, R1) to a found 112" rebar with no identification for an interior corner of this tract; 7. South 30° 20' 36" East for 179.15 feet (South 30° 00' 00" East for 178.61 feet, R1) to a found 112" rebar with no identification for the southeast most corner of this tract; 8. South 660 10' 40" West for 148.12 feet (South 660 11' 03" West for 147.11 feet, TxDOT ROW reap) to a found TxDOT ROW monument for a point of curvature of this tract; 9. Southwesterly along a curve to the right for 208.37 feet (L= 208.30', R= 5485.12', A =2 °10'36 ", CB=S 67 °13'28" W, CH= 208.36', TxDOT ROW reap) to a found MAG nail for point of tangency; 10. South 680 23'02" West for 114.79 feet (South 68° 21' 36" West for 114.86 feet, TxDOT ROW map) to a found TxDOT ROW monument for an angle point of this tract; 11. South 630 30' 43" West for 15.11 feet (South 630 18' 00" West for 17.23 feet, R1) to the POINT OF BEGINNING and containing 3.990 acres of land. The Basis of Bearings is the Texas State Plane Coordinate System, NAD F T� 1983, South Central Zone (4204). This description was based on a survey S �R�,, made on the ground under my supervision completed on June 25, 2013, from which an exhibit was prepared. • 7 •...r ...........6002 ............... RoQ�R... .• RucLos.E Zz; r 9.•o °e to��:OQ sut� Robert S. Rugfoski RPLS #6002 * Job 11303191 o July 15, 2013 Page 1 of 1 Exhibit A O u r O Q U Ci LO N u w u z s S - �a zm sg a an orf u4 V N P¢ w4 a4 a O M bl IEI tz 0 z w w I } O w � O � ¢ O d Z W Q 2 9 2 o D �:3 W a O.O za WO t LO �6a99awo ° °� _3 C7 O Z •-O w W O U) U I U)�X17 CC cn O Q 0 0 JZ ..� U7 d- U-1 U XQ"- W \AIi 5- I -NCn04 cc O } 7 D co -x. w ❑�oa a \g°c, `p / Cz z\ o v, t nti�l� v\ o o- N u, � t YZ EE\ � 1 r+7 ] t M� I 1 Y cc Kam ❑ 1 `�l.•._ I � 1 1.95 �l O ® �\ I� �s as o'tv i �Ih 4�Ka aomN a aJO� \ ¢a a� \ ❑ =ego° •61� I /+NYC S'qq r 3 / ts ��t*a�� - ` � Gp ME z 9 2 w O J J_ m J W 1 1 0 ]e C3 C C Z O Q cvm Z 2 Q z Q Q Q z m z (M Q LJ:J (vM z J cQ � G � � O U r 5 R SSP��S SL��P� Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: October 22, 2013 Department: Subject: BACKGROUND Development Services Ordinance No. 13 -S -50 — Conduct a Public Hearing and consideration and /or action as requested by Petroleum Wholesale for a Specific Use Permit to allow a convenience store with gas pumps on approximately 3.99 acres of land from Predevelopment District (PRE) to General Business — 2 (GB -2). The property is more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar County, Texas and located at 14425 IH 10 East. The applicant is requesting a Specific Use Permit to allow a Convenience Store with gas pumps on approximately 3.99 acres land located at 14425 IH 10 East and more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision. The site has an existing 5,600 square foot convenience store with gas pumps and a 4,700 Auto repair facility. This property was annexed on July 20, 2010 by Ordinance 10 -A -20 and the convenience store with gas pumps was in existence at the time of annexation. The public hearing notice was published in "The Daily Commercial Recorder' and the "Herald" and 6 notices were mailed to surrounding property owners. Staff received one (1) response in favor of the request. Goal Petroleum Wholesale is requesting Specific Use permit to allow the existing use of Convenience Store with gas pumps. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed convenience store with gas pumps will be subject to the provisions of the Unified Development Code (Ordinance 11 -S -15, as amended). The applicant is proposing to expand their existing building by approximately 3,000 square feet. IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is adjacent to residential and rehabilitation facility (H.O.W Foundation) to the North; residential and Commercial to the west; Interstate 10 to the South; and an undeveloped tract to the east. This property and the adjacent properties are zoned PRE since being annexed in 2010. Additionally, the comprehensive land plan identifies this site as agricultural residential which allows for ancillary uses to residential which includes a convenience store. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of the Specific Use Permit to allow a Convenience Store with gas pumps based on its conformance with the comprehensive land plan. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on October 9, 2013 and offered a recommendation of approval to grant a Specific Use Permit to allow a Convenience Store with gas pumps by a unanimous vote. Staff recommends approval of the Specific Use Permit requested based on the compliance with the Comprehensive Land Use Plan. ATTACHMENT Ordinance No. 13 -S -50. WHEREAS, The property owner has applied for a Specific Use Permit to allow a Convenience Store with gas pumps for approximately 3.99 acres of land described in Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the "Property "). WHEREAS, all required notices have been provided; WHEREAS, on October 9, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the Specific Use Permit to allow a Convenience Store with gas pumps. WHEREAS; on October 22, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'T'Y OF SCHERTZ, 'TEXAS. THAT: Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby granted a Specific Use Permit to allow a Convenience Store with gas pumps on the approximately 3.99 acre tract of land known as the M & W Travel Center Subdivision. Section 2. The Official Zoning Map (Ordinance No. 11 -S -15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Ordinance 13 -S -50 M & W Travel Center Subdivision Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on first reading the 22"d day of October, 2013. PASSED, APPROVED AND ADOPTED on final reading the day of , 2013. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13 -S -50 M & W Travel Center Subdivision fX 26254 IH 10 West, Suite 105 4, Boerne, TX 78006 0 830-428.0290 BEING 3.990 acres of land out of the E. Gotari Survey No. 2, Abstract No. 5, Bexar County, Texas, being all of Lot 11, Block 200, M & W TRAVEL. CENTER SUBDIVISION as shown on the plat recorded in Volume 9535, Page 8, Deed & Plat Records of Bexar County, Texas (DPRBCT) (R1), said 3.990 acres being more particularly described by metes and bounds as follows., BEGINNING at a found 112" rebar with no identification for the southwestern most corner of said Lot 11, located on the northern ROW of IH 10, from which a found 112" rebar with no identificaiton bears North 30° 14' 05" West for 430.97 feet (North 290 53'42" West for 431.27 feet, R1) for reference; THENCE around the perimeter of said Lot 11 the following eleven (11) bearings and distances: 1. North 300 14' 05" West for 430.97 feet (North 29° 53' 42" West for 431.27 feet, R1) to a found 112„ rebar with no identification for the northwestern most corner of this tract; 2. North 590 46' 30" East for 286.16 feet (North 600 07' 18" East for 286.28 feet, R1) to a found 112" rebar with no identification for a northeast corner of this tract; 3. South 30° 16' 07" East for 283.94 feet (South 290 55' 00" East for 284.03 feet, R1) to a found 112" rebar with no identification for an interior corner of this tract; 4. North 590 40' 52" East for 392.65 feet (North 60° 03' 50" East for 392.28 feet, R1) to a found 1/2" rebar stamped "FORD ENGR" for a northeast corner of this tract; 5. South 430 24' 06" East for 30.95 feet (South 430 00' 54" East for 30.71 feet, R1) to a found 112" rebar with no identification for a southeast corner of this tract; 6. South 59° 46' 59" West for 204.01 feet (South 600 04' 27' West for 203.73 feet, R1) to a found 112" rebar with no identification for an interior corner of this tract; 7. South 300 20' 36" East for 179.15 feet (South 300 00' 00" East for 178.61 feet, R1) to a found 1/2" rebar with no identification for the southeast most corner of this tract; 8. South 660 10' 40" West for 148.12 feet (South 660 11' 03" West for 147.11 feet, TxDOT ROW map) to a found TxDOT ROW monument for a point of curvature of this tract; 9. Southwesterly along a curve to the right for 208.37 feet (L =208.30', R= 5485.12', A=2'1 0'36", CB=S 67 °13'28" W, CH =208.36', TxDOT ROW map) to a found MAG nail for point of tangency; 10. South 680 23' 02" West for 114.79 feet (South 68° 21' 36" West for 114.86 feet, TxDOT ROW map) to a found TxDOT ROW monument for an angle point of this tract; 11. South 63° 30'43" West for 15.11 feet (South 63° 18' 00" West for 17.23 feet, R1) to the POINT OF BEGINNING and containing 3.990 acres of land. The Basis of Bearings is the Texas State Plane Coordinate System, NAD 1983, South Central Zone (4204). This description was based on a survey made on the ground under my supervision completed on .tune 25, 2013, from which an exhibit was prepared. ROBERT S. RUGLOSKI ...6002 .................. 9,1� • °.:tee s s to�'�Oe �, Robert S. Rugloski RPLS #6002 ® Job #11303191 4 July 15, 2013 Page 1 of l Exhibit A m � O o w Z O i� 3 3 0 � Ln � 4 �zaLL zN�$r °3w�r�z ePS ,....;6;.. .•i��q0 \ Zn0 Y ate? �� ar ow p.�: •J :•57 rn U aoaa ° °z 'z °z¢o �wrn N':�9 If u1 < Om-a � Z � � '� �� QY W DL`.' J.tfy Z: d 4' � d uj 40: o a a �de�S•..;..•Rap a N n Q° o w gTp00p < T Z V ¢LJ U x N Z L, F--- �U70< z aw N as � 0 0 �a �v 8 F »p I \ EI/ 049 nE \ QA� Oti 1 . 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