03-04-2014 MinutesMINUTES
REGULAR MEETING
. March 4, 2014
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 4,
2014, 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 Michael Carpenter
Councihnember Jim Fowler
Councilmember Cedric Edwards
Staff Present:
Executive Director John Bierschwale
City Attorney Charles Zech
City Secretary Brenda Dennis
Call to Order
Mayor Pro -Tern David Scagliola
Councihnember Daryl John
Councilmember. Matthew Duke
City Manager John Kessel
Executive Director Brian James
Chief of Staff Bob Cantu
Deputy City Secretary Donna Schmoekel
Mayor Carpenter called the Regular Meeting to order at 6:02 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas
Mr. Ken Ratcliff, Schertz Church of Christ, provided the invocation followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Mayor Carpenter recognized the following that were in the audience this evening:
• Guadalupe County Judge Larry Jones and his wife
• Boy Scouts Jack Wallace, Benny Bosewell, and Patrick Oyston from Troop 512
Mayor Carpenter announced if anyone was present this evening who was participating and joining us
for the Hal Baldwin Scholarship this evening, to please sign the sign -up sheet in the back before you
leave.
Mayor Carpenter stated that Mrs. Mary Burks was present this evening. Mayor Carpenter stated that
she was appointed by Mayor Roy Richard to serve on the Schertz Citizens Advisory Council in the
late 60's. Mayor Carpenter asked if Council would indulge him for a moment and asked Mrs. Burks
to join him at the podium. Mayor Carpenter stated it was so important for citizens like Mrs. Burks
who volunteered her time to serve on the Schertz Citizens Advisory Committee for so many years
providing her guidance to the Mayor and Councihnembers through the years. Mayor Carpenter
thanked Mrs. Burks for serving the city.
Mayor Carpenter recognized Mrs. Burks who stated Schertz was a very small town when she came
to live here. She raised seven children here, all of whom graduated in Schertz and she is glad
Schertz has grown into a beautiful place and that everyone is working to make it better.
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City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director Brian James who provided the following
announcements and upcoming events:
• March 1 through March 16, 2014, Schertz Annual Spring Clean Up — drop off event
for citizens in conjunction with Bexar Waste, 2221 FM 3009 from 8:00 a.m. to 6:00
p.m. daily — free of charge to residents with proper identification. Contact Bexar
Waste at 566 -5454, Public Works 619 -1800, or 311.
• Northeast Partnership Meeting & Luncheon for March has been cancelled.
• Tuesday, March 18, 2014, Schertz Chamber Luncheon, 11:30 a.m., Schertz Civic
Center.
• Thursday, March 20, 2014, Employee Remembrance Day, Noon, 10 Commercial
Place.
• Friday, March 21, 2014, SCUCISD Education Foundation Golf Tournament, 11:30
a.m., Olympia Hills Golf & Conference Center, Universal City.
• Friday, March 21, 2014, TML Region 7, Training begins at 3:30 p.m., Reception 5:00
p.m., Dinner 6:00 p.m., Leon Civic Center, Uvalde, 324 E. Main Street, Please RSVP
to Brenda Dennis no later than March 14, 2014.
• Thursday, April 10, 2014, Community Volunteer Fair, 5:30 p.m. to 7:00 p.m., Schertz
Civic Center.
• Saturday, April 19, 2014, Absolute Jazz, 2:00 p.m. to 9:00 p.m., Pickrell Park.
The last announcement is that the Schertz Police Department is kicking off a focus program
for DWI offenses for two weeks due to receiving a grant from the state of Texas to get
more officers on the street over Spring Break.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that four staff members
have recently passed the Certified Animal Officers test; two new employees, Jacob Evans
and Edward Armstrong with Animal Services and two Park staff employees, Scott Duever
and Dean Midlick, who took it upon themselves to get crossed trained; they are not normally
assigned to Animal Service duties. Mr. Kessel congratulated the employees on their
accomplishment.
Hearing of Residents:
Councilmember Duke arrived at 6:10 p.m.
Mayor Carpenter recognized the following who spoke:
Mrs. Maggie Titterington, Schertz Chamber President who provided the following on the
Chambers' upcoming events:
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March 7, 2014 — Dance Fit Schertz Jazzercise Ribbon Cutting, 1420 Schertz
Parkway, Suite 100, 10:45 a.m.
March 13, 2014 - Doss Audiology After Hours Mixer, 5000 Schertz Parkway, 5:30
p.m.
March 26, 2014 - Gunn Chevrolet Grand Opening & Ribbon Cutting, 16550 IH 35,
11:00 a.m.
March 28, 2014 - Employer Compliance Workshop, Chamber offices, 8:00 a.m.
She stated that four (4) DECA Students made it to National competition; 3 students are
from Samuel Clemens High School and one is from Byron Steele High School. If they
win they go to International competition. However, at the national level is where they get
their college scholarship money.
Ms. Titterington also pointed out the chamber membership now stands at 326 members.
Over 60 percent of the members are Schertz businesses but we have over 90 miles of
membership with the farthest member being located in Austin.
• City Secretary Brenda Dennis, Missy Carpenter, and Marshall Carpenter who came forward
surprising Mayor Carpenter with a 45th Birthday cake. Members of the audience were asked
to sing happy birthday. Mayor Carpenter turned the meeting over to Mayor Pro -Tern
Scagliola.
Mayor Pro -Tem Scagliola called for a ten minute recess so that everyone could enjoy a piece of
Mayor Carpenter's birthday cake. Mayor Pro -Tem Scagliola recessed the regular meeting at
6:20 p.m.
Mayor Carpenter reconvened into regular session at 6:30 p.m. and thanked everyone for their
birthday wishes.
Worksession
• Presentation, discussion and possible action regarding Microsoft Office 365 Software
Agreements and internet upgrade. (B. James/M. Clauser)
Mayor Carpenter recognized Senior Systems Engineer Kyle Gaertner who provided a power
point presentation discussing the research performed and options available in their
recommendation of purchasing the Microsoft 365 Software Agreements and internet
upgrade. Mr. Gaertner stated the City is currently running Exchange 2003 on Windows
Server 2003. He also stated that after looking at costs, reliability, security, and other
considerations, the IT Department recommends the purchase of Microsoft Office 365. This
will be a reliable, secure, and continuously updated system. It will also cost approximately
$10,000 less per year than the Google option and approximately $80,000 less over a 5 year
period than the "in house" option. Mr. Gaertner addressed the following questions from
Mayor and Council:
1) We are on a five year update cycle now. Will that go away with the purchase of the
recommended software of Microsoft Office 365? Answer: Yes, we will be on a continuous
— cycle of updating instead of every five years.
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2) What about new training requirements? Answer: Once we are using Microsoft Office 365,
any future training will be minimal as we already have the basics.
3) There is not a service contract? Answer: This is just for deployment and implementation.
One of the resolutions is for us to enter into a 3 year contract for service with Microsoft. The
other resolution is for working with Liftoff, in which Microsoft will cover the migration
expense. They have not looked at any further contract right now as the support coming from
the purchase with Microsoft is sufficient.
4) There will no longer be a local server; it will be all cloud? An employee located
anywhere that has interrret access can get to their office information through this connection?
Answer: Yes.
5) So there will no longer be a local server, no labor or maintenance on a server, no power
consumption in our data center, no necessity for a data recovery plan and it is compliant with
Criminal Justice Information Systems (CJIS) security requirements? Answer: Yes.
6) In addition to saving the City a lot of money, will this allow us to also shift some of the
workload in the Information Technology (IT) Department to more project based workloads
instead of maintenance based workloads? Answer: Yes.
7) How secure is this option? Answer: Very secure. There will be audit trails and the only
people who can get to the data will be us. The data will not be used for any other purposes
but for in house personnel use. It is totally compliant with CJIS requirements.
8) If we have issues during migration and launch of the new system, or experience complete
failure, can we move back to our old system? Answer: Yes. Implementation will be in
phases so the current system will still be available during this time and if we have problems
later, we can always turn it back on.
Discussion and Action Items
Minutes - Consideration and/or action regarding the approval of the minutes of the regular
meeting of February 25, 2014, and minutes of the Special Retreat Workshop of February 27,
2014. (J. Kessel/B. Dennis)
Mayor Carpenter recognized Mayor Pro -Tern Scagliola, who moved, seconded by
Councilmember Edwards, to approve the minutes of the regular meeting of February 25,
2014, and the minutes of the Special Retreat Workshop of February 27, 2014. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and
Duke voting yes and no one voting no. Motion Carried
2. Resolution No. 14 -R -19 — Consideration and/or action approving a Resolution authorizing
licensing, product and enterprise enrollment agreements for a 3 year term with Microsoft and
authorizing the purchase of licenses from SHI Government as part of the Microsoft Office
365 Email System Upgrade. (B. James/M. Clauser)
The following was read into record:
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RESOLUTION NO. 14-R-19
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AGREEMENT WITH MICROSOFT AUTHORIZING THE
PURCHASE OF LICENSES FROM SRI GOVERNMENT SOLUTIONS RELATING
TO EMAIL AND SOFTWARE SERVICES FOR THE MICROSOFT OFFICE 365
EMAIL SYSTEM UPGRADE, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro -
Tem Scagliola, to approve Resolution No. 14 -R -19. The vote was unanimous with Mayor
Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no
one voting no. Motion Carried
Resolution No. 14 -R -20 — Consideration and/or action approving a Resolution authorizing a
contract with Liftoff LLC for. implementation services associated with the Microsoft Office
365'Email System Upgrade. (B. James/M. Clauser)
The following was read into record:
RESOLUTION NO. 14-R-20
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AGREEMENT WITH LIFTOFF LLC FOR
IMPLEMENTATION OF OFFICE 365 EMAIL UPGRADES, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by
Councilmember Edwards, to approve Resolution No. 14 -R -20. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting
yes and no one voting no. Motion Carried
4. Resolution No. 14 -R -21 — Consideration and/or action approving a Resolution authorizing
an agreement to the upgrading of fiber provided by Time Warner Cable to increase the
bandwidth, and other matters in connection therewith. (B. James/M. Clauser)
The following was read into record:
RESOLUTION NO. 14 -R -21
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AGREEMENT TO THE UPGRADING OF FIBER PROVIDED
BY TIME WARNER CABLE TO 50 MBPS TO INCREASE BANDWIDTH FOR
PUBLIC SAFETY, AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Edwards who stated it is smart that we do this
and that we need the options of having two carriers. IT Manager Myles Clauser stated the
_ reality is that the current connection we have is slower than what most everyone has at home.
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Councilmember Fowler asked how far in the future this upgrade will take us. Mr. Clauser
explained it would need to be revisited in two to three years. This is an interim step that
allows us to do some necessary infrastructure and will allow us to gauge what the real impact
is going to be.
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated since payment for this is
coming out of the General Fund Contingency, is this a wise way to spend it? City Manager
John Kessel replied that for this fiscal year the budget was $110,000 and he strongly believes
it is a very wise decision as this is a critical life safety service to the public rather than a
quality of life service. We do not want to wait too long and have the communication system
fail during a community emergency (i.e., a flood).
Mayor Carpenter stated that just to clarify; this money is coming out of budgeted funds rather
than from reserves, and he has no problem with the $8,262 expenditure for this purpose.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Duke to approve Resolution No. 14 -R -21. The vole was unanimous with
Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes
and no one voting no. Motion Carried.
Resolution No. 14 -R -22 — Consideration and/or action approving a Resolution authorizing
an application with Bexar County for a Community Development Block Grant (CDBG) for
the meal program at the Schertz Area Senior Center. (B. James /C. Van Zandt)
The following was read into record
RESOLUTION NO. 14 -R -22
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE PURSUIT OF A CDBG GRANT FOR FUNDING FOR THE
SCHERTZ AREA SENIOR CENTER MEAL PROGRAM.
Mayor Carpenter recognized Executive Director of Development Brian James who stated last
year Parks applied for a CDBG grant for ADA accessibility pathways through some of our
Parks. This year's submittal time frame came in and with the City taking over the Senior
Center we are thinking of how we could use these funds. The biggest issue with the Senior
Center is the meal program. He stated they would like to have greater flexibility with that
such as either reducing the cost of the meals or subsidizing the people who would qualify for
a reduced rate. Mr. James stated although we are not sure yet how we will spend the grant
money, as with last year we are matching the applied for grant with $10,000 in order to get a
grant for $10,000 to spend on the program.
Mayor Carpenter recognized Mayor Pro-Tern Scagliola who stated hopefully we would get the
grant again this year. Park Manager Chuck Van Zandt stated that yes, in FY 2012 -13 we did
get a grant of $61,844, which was a 50/50 match of funding for ADA improvements for
Pickrell Park and we are currently working with our Engineering Department staff to develop
construction documents so we can move forward and get the trail built.
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Mayor Carpenter recognized Councilmember Fowler who asked if this was related to AACOG.
Director of Development Brian James responded it was not. It was through the Bexar County
Community Development Block Grant (CDBG) which is federally funded and available to any
of the cities who participate within the county of Bexar.
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved, seconded by
Councilmember Fowler to approve Resolution No. 14 -R -22. The vote was unanimous with
Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes
and no one voting no. Motion Carried.
6. Ordinance No. 14 -S -08 - ZC2013 -007 — Conduct a public hearing and consideration and/or
action approving an Ordinance and act upon a request by Schertz 1518, Ltd. to amend the
The Crossvine Planned Development District (PDD) zoning, a mixed use development
consisting of approximately 545.74 acres. The property is more specifically described as a
portion of the Julian Diaz Survey No. 66, Abstract No. 187, and also a portion of the E.R.
Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the
Geronimo Leal Survey No. 79, Abstract No. 424, City of Schertz, Bexar County, Texas,
generally located west of FM 1518 at Lower Seguin Road. First Reading (B. James/M.
Sanchez/L. Wood)
The following was read into record:
ORDINANCE NO. 14 -S -08
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11 -S -15 BY
REZONING APPROXIMATELY 545.74± ACRES OF LAND AMENDING THE
CROSSVM PLANNED DEVELOMENT DISTRICT (PDD), GENERALLY FOR
MIXED USE DEVELOPMENT. THE PROPERTY IS MORE SPECIFICALLY
DESCRIBED AS A PORTION OF THE JULIAN DIAZ SURVEY NO. 66,
ABSTRACT NO. 187, AND ALSO A PORTION OF THE E.R. EVANS SURVEY NO.
80, ABSTRACT NO. 216, COUNTY BLOCK 5060, AND ALSO A PORTION OF THE
GERONIMO LEAL SURVEY NO. 79, ABSTRACT NO. 424, CITY OF SCHERTZ,
BEXAR COUNTY, TEXAS AND LOCATED GENERALLY LOCATED WEST OF
FM 1518 AND LOWER SEGUIN ROAD; PROVIDING A REVERSIONARY
CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND OTHER MATTERS IN CONNECTION THEREWITH AND
PROVIDING AN EFFECTIVE DATE.
Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that
the applicant is proposing to amend The Crossvine Planned Development District (PDD) an
approximately 545.74 acres of land generally located west of FM 1518 and Lower Seguin
Road. The site is currently zoned Planned Development District (PDD) to create a mixed
use development consisting of single family residential, multi - family dwellings, commercial
with a generous amount of open space and a community trail system.
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This amendment of the PDD proposes new design criteria and the addition of three (3) tracts
of land totaling approximately 54.66 acres to The Crossvine Planned Development District
(PDD).
Tract 1 - The applicant is requesting to rezone approximately 13.669 acres of land
from General Business (GB) and Residential Agriculture (RA) to Planned
Development District (PDD). The property is generally located north -west of the
intersection of Lower Seguin Road and FM 1518.
Tract 2 - The applicant is requesting to rezone approximately 1.5 acres of land from
Residential Agriculture (RA) to Planned Development District (PDD). The property
is generally located approximately 5000 feet south of the intersection of Lower
Seguin Road and FM 1518.
• Tract 3 - The applicant is requesting to rezone approximately 39.49 acres of land
from General Business (GB) and Residential Agriculture (RA) to Planned
Development District (PDD). The property is generally located west of the Sedona
Subdivision.
Two hundred and forty five (245) public hearing notices were mailed to surrounding property
owners on January 31, 2014 with a public hearing notice published in the "The Daily
Commercial Recorder" on February 14, 2014 and the "Herald" on February 19, 2014.
At the time of this staff report twenty (20) total responses were received, five (5) responses in
favor of the request; thirteen (13) responses opposed to the request; and two (2) responses
were neutral to the request.
Ms. Wood provided the following project history information:
2005: Sedona Subdivision PUD was adopted for mix use development Ord. #05 -S -49.
(Sedona unit 1 was platted 2007)
2006: Sedona Subdivision PUD was amended Ord. # 06 -5 -36
2012: Sedona Trails PDD was adopted as new mixed use development Ord. #12 -S -01
2012: The Crossvine PDD was amended and adopted by Ord. #12 -5 -16.
The Planning and Zoning Commission conducted the public hearing on February 12, 2014
and offered a recommendation of approval. Staff recommends approval of the amendment
request based on the compliance with the Comprehensive Land Use Plan and consistency
with the existing PDD - Master Plan adopted with Ordinance 12 -S -16.
The amendment will consist of Garden Home (GHl and G112), Attached Residential (ARl),
Multi - Family Residential (MFR), and Commercial (GB).
• Garden Home (GHl) has a minimum lot size of 3,825 square feet with minimum lot
dimensions of 45 feet by 85 feet. The front building setback is 18 feet with a side setback
of 10 feet and a minimum rear setback of 10 feet. The building maximum height is 38
feet with a maximum impervious coverage of 85% and a maximum dwelling size of
2,450 square feet.
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Garden Home (GH2) has a minimum lot size of 3,600 square feet with minimum lot
dimensions of 60 feet by 60 feet. The front building setback is 18 feet with a minimum
side setback of 10 feet and a minimum rear setback of 10 feet. The building maximum
height is 38 feet with a maximum impervious, coverage of 85% and a maximum dwelling
size of 2,550 square feet.
Attached Residential (ARI) shall have a maximum density of 9 units per acre with a
maximum building height of 38 feet, maximum impervious coverage of 85% and
maximum home size of 2,100 square feet.
Multi - Family Residential (MFR) shall have a maximum density of 22 units per acre with
a maximum building height of 65 feet and maximum impervious coverage of 85 %. MFR
developments must provide 1.5 parking spaces for each 1- bedroom unit, 2 parking spaces
for each 2- bedroom unit, 2.5 parking spaces for each 3+ bedroom unit, and an additional
5% of total spaces.
Commercial district consists of the General Business (GB) zoning district as set forth in
the UDC with the uses amended to exclude the following: Airport, heliport, or landing
field; assisted care or living facility; athletic stadium, private; automobile parking
structure/ garbage; automobile repairs & service, major; church, temple, synagogue,
mosque, or other place of worship; college, university, trade, or private boarding school;
convenience store with gas pumps; family or group home; gasoline station/ fuel pumps;
golf course and/ or country club; heavy equipment sales, service, or rental; hospital;
livestock; mortuary / funeral home; theatre, outdoor; trailer/ manufactured home sales.
Ms. Wood also provided the following summary of highlights some of the significant
modifications to the requirements of the Unified Development Code (UDC). Also, design
criteria has been added to the PDD for Module II which consists of 107.57 acres of land
located north of Trellis Walk and includes property located on the north side and south side
of Lower Seguin Road. The property is designated for higher density residential options and
will be a commercial and civic hub:
Amendment to Section 8: Infrastructure Standards
Roadways (Sec. 8.2)7 Four new roadway profiles which are different from the City's standard
roadway profiles are proposed. The new profiles include the following:
• 78 foot Boulevard with two 24.5 feet sections of pavement separated by a 6 foot
median.
• 68 foot Boulevard with two 19.5 foot sections of pavement separated by a 6 foot
median.
• 60 foot Boulevard with two 14 foot paved drive isles and a 14 foot decorative paved
turn lane.
• 44 foot Minor Local Street with a 24 foot paved drive isle and 8 foot paved parallel
parking isle.
All proposed roadway profiles have been reviewed and approved by Public Works,
Engineering and Fire.
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Parking Requirements (Sec. 8.8): In addition to the two garage and two driveway parking
spaces required, an additional 0.5 space of parking is required per garden home. This extra
parking can be satisfied by designated parallel parking areas, parking courts, or parking
spaces in multi - dwelling private courts.
Amendments to Section 9: Community and Public Amenity Standards
Entry Features (See. 9.2.1)_ This change allows for entry features on both sides of any entry
into the development or into individual neighborhoods throughout the project.
Public Screening and Landscaping (Sec 9.2.3): This provision requires the Developer to
provide a "Common Area" where all required public screening will be located.
Land Use Transition Areas (Sec. 9 2.13): This provision encourages four -sided architecture
and buildings, where commercial development is adjacent to a residential use. The amount of
required screening varies based on the amount of windows and doors that are located on the
wall facing the residential use. The greater the percentage of windows and doors the lower
the required wall height. This is intended to promote walk ability and interconnectedness for
a mixed use neighborhood.
Signage (Sec. 9.5): This provision adds a Real Estate sign category for commercial, multi-
family, and attached residential. The sign is temporary with a maximum height of 10 feet and
face area of 50 feet.
Additionally no lighted sign shall be erected or displayed within 150 feet of the property line
of a property designated as DSFR(1), DSFR(2), or DSFR(3) unless the lighting is shielded
from view.
The maximum area of a wall sign has been increased to 15% of fagade area or 300 square
feet, whichever is less.
Amendments to Section 12: Land Use Allocations
Garden Home (Sec. 12.2.1.1.4): This section introduces the concept of Garden Homes
organized into Multi - Dwelling Private Courts. Each court is a pod of four or less individual
dwellings, serviced by a 22 to 28 foot wide private drive that is no longer than 120 feet. The
private drive will include a fire lane and signage to designate no parking along the fire lane.
Additional parking spaces may be included at the end of the private drive to serve the Multi -
Dwelling Private Court.
Attached Residential (See. 12.2.1.1.5): Attached residential dwellings are proposed as being
vertically separated from one another with no more than four dwelling units per building.
Amendments to Section 13: Architectural Standards
Standards : Module II (Sec. 13.2): No accessory buildings will be permitted in any area
developed as Garden Home.
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All commercial buildings shall have a front fagade that is at least 50% masonry and all other
fagades shall be at least 25% masonry.
Outside Patio, Dinine Areas, and Common Areas (Commercial) (Sec 13 2 4 1): Outside
patios and dining areas area permitted in areas designated for commercial development.
Staff recommends approval of the amendment request based on the compliance with the
Comprehensive Land Use Plan and consistency with the existing PDD - Master Plan adopted
with Ordinance 12 -S -16.
Mayor Carpenter opened the public hearing and recognized the following who spoke:
• Mr. Robert Brockman, 1000 Elbel Road, who inquired as to whether the garden homes
had any garages. He was concerned there may not be sufficient parking in the area for
the residents.
As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter invited
staff to come forward to answer Mr. Brockman's question. Senior Planner Lesa Wood stated
that the garden homes are designed with a two (2) car garage as well as two spaces for
driveway parking, a half space in the street and additional parking available in the courts.
Mayor Carpenter recognized Councilmember Fowler who asked whether gas stations would
be prohibited from doing business in the subdivision. Mr. Chris Price, President of Schertz
1518 Ltd., came forward to state that yes this would indeed prevent gas stations from coming
into the area. They were looking more neighborhood type businesses such as coffee shops,
restaurants, or local community cleaners.
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by
Councihnember Fowler, to approve Ordinance 14 -S -08 on first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and
Duke voting yes and no one voting no. Motion Carried
7. Ordinance No. 14 -S -09 — Conduct a public hearing and consideration and/or action
approving an Ordinance amending Part III Schertz Code of Ordinances, Unified
Development Code (UDC), Article 1 General Provisions. First Reading (B. James/M.
Sanchez/L. Wood)
The following was read into record:
ORDINANCE NO. 14 -S -09
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED
DEVELOPMENT CODE (UDC) ARTICLE 1 GENERAL PROVISION; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
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Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating as
stated in the UDC, City Council from time to time, on its own motion, or at the
recommendation of City Staff make amendments, change or modify text to any portion of the
UDC to establish and maintain sound stable and desirable development. It is generally
considered good practice to periodically review and update the development regulations due
to changing conditions, community goals and State and Federal regulations. Based on the
update to the Comprehensive Land Use Plan and changes in development it has become
necessary to update the UDC.
This amendment was drafted by Planning Staff and reviewed by the City Attorney (Katherine
Tapley, Norton Rose Fulbright).
The public hearing notice was published in "The Daily Commercial Recorder" and the
"Herald" on February 14, 2014.
A public hearing was conducted at the January 8, 2014, Planning and Zoning Commission
meeting where staff discussed the proposed amendments with the Commission to gain input
from the Commission and receive public comment.
A final public hearing was conducted at the January 22, 2014 Planning and Zoning
Commission meeting and recommended approval of the following amendments:
• Minor text amendments have been made to a reference to the Master Thoroughfare
Plan and to refine language to be consistent with the Texas Local Government Code
(LGC). This includes the elimination of the Sections related to Minimum
Requirements; Effective Date; and Severability.
• Sec. 21.1.4 Jurisdiction was modified in order to provide consistency with LGC as
well as a list of Articles that will assist both the public and staff to understand what
portions of the UDC apply to properties located in the Extraterritorial Jurisdiction
(ETJ).
• Sec. 21.1.5 Consistency with the Comprehensive Land Plan (CLP) was modified to
remove text that exists in the CLP to eliminate any conflict with the UDC.
• Sec. 21.1.6 Vested Rights "Issuance of Local Permits" was modified to include
definitions, a procedure to claim vested rights, obtain a determination and appeal of
the decision as well as a procedure that allows the Planning and Zoning Commission
to extend the vested rights expiration date. Over the last two years City Staff has had
several cases where developers have requested vested rights on a project, and State
Law provides landowners or developers an opportunity to vest (grandfather)
regulations that apply to their project. The UDC has an existing section regarding
vested rights, but the modification to include procedures and expiration dates will
assist in processing an increased number of requests. Ms. Wood stated that the word
"contact" has been changed to "contract" per Ms. Suarez's comment at the last P &Z
meeting, and the requirement for an email address also has been removed.
Mayor Carpenter opened the public hearing and as no one else spoke, Mayor Carpenter closed
the public hearing. Mayor Carpenter opened it up for Council questions and comments and
recognized the following:
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Councilmember Fowler who also asked if Legal Counsel had reviewed the ordinance. City
Attorney Charles Zech stated that he would look at all the ordinances before final reading.
Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by
Councilmember John, to approve Ordinance 14 -S -09 on first reading contingent upon Legal
Counsel Review. The vote was unanimous with Mayor Pro -Tem Scagliola,
Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no.
Motion Carried.
8. Ordinance No. 14 -5 -10 — Conduct a public hearing and consideration and/or action
approving an Ordinance amending Part III Schertz Code of Ordinances, Unified
Development Code, (UDC) Article 3, Boards, Commissions and Committees. First Reading
(B. James/M. Sanchez/L. Wood)
The following was read into record:
ORDINANCE NO. 14 -8-10
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED
DEVELOPMENT CODE (UDC) ARTICLE 3 BOARDS, COMMISSIONS AND
COMMITTEES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that
there are changes and updates to Article 3 of the UDC with the following points:
• Article 3
• Updated language in Article 3 to provide consistency and clarity throughout
the Article
• Article 21.3.1 General Provision
• Deleted Implied Authority
• Relocated Authority Granted from each applicable section and placed
in the General Provision
• Article 21.3.3 Planning and Zoning Commission
o Deleted Structure and Operations Procedures
• Article 21.3.4 Board of Adjustment
o Deleted items that are covered in the BOA by -laws and covered in
State Law (LGC)
• Article 21.3.5 Administrative Authority -
o Updated to authorize Staff to make the determination of whether a
property must be platted and provide a certificate of determination
(letter) to the property owner (LGC 212.0115)
• Article 21.3.6 Other Boards, Commissions and Committees
o Updated to be consistent with City Charter and Board by -laws
As stated in the UDC, City Council from time to time may amend, change or modify text to
any portion of the UDC to establish and maintain sound stable and desirable development. It
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is generally considered good practice to periodically review and update the development
regulations due to changing conditions, community goals and State and Federal regulations.
This amendment was drafted by Planning Staff and reviewed by the City Attorney (Katherine
Tapley, Norton Rose Fulbright). A public hearing was conducted at the January 8, 2014
Planning and Zoning Commission meeting where Staff discussed the proposed amendments
with the Commission to gain their input and receive public comment on the proposed
amendments:
• Text amendments were made to Article 3 in order to provide consistency with the
City Charter and with each Board, Committee and Commission by -laws.
• Minor text amendments have been made to correct the title of Transportation Safety
Advisory Commission (TSAC).
Staff recommends approving the amendment to the Unified Development Code (UDC),
Article 3 — Boards, Commissions and Committees as presented.
Mayor Carpenter opened the public hearing and recognized the following who spoke:
Mayor Carpenter recognized Mr. Brockman who stated that the Senior Center was trying to
develop a set of bylaws and a member recommended they have alternate board members.
They chose not to do this. Mr. Brockman said he doesn't know how Council feels about
having alternates on all their boards, but it is a concern of his.
As no one else spoke, Mayor Carpenter closed the public hearing.
Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by
Councihnember Edwards, to approve Ordinance 14 -S -10 on first reading, contingent upon
Legal Counsel Review. The vote was unanimous with Mayor Pro -Tem Scagliola,
Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no.
Motion Carried.
9. Ordinance No. 14 -5 -11 — Conduct a public hearing and consideration and/or action
approving an Ordinance amending Part III Schertz Code of Ordinances, Unified
Development Code, UDC Article 16 Definitions specifically the definition lot of record.
First Reading (B. James/M. Sanchez/L. Wood)
The following was read into record:
ORDINANCE NO. 14 -S -11
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED
DEVELOPMENT CODE (UDC) ARTICLE 16 DEFINITIONS SPECIFICALLY THE
DEFINITION "LOT OF RECORD'; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
03 -04 -2014 Minutes Page -14-
Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that
as stated in the UDC, City Council from time to time may make amendments, change or
modify text to any portion of the UDC to establish and maintain sound stable and desirable
development. It is generally considered good practice to periodically review and update the
development regulations due to changing conditions, community goals and State and Federal
regulations.
Staff is proposing a text amendment to the definition for "Lot of Record" to clarify the
definition to ensure that Commercial or Residential building permits are issued for legally
platted tracts of land. The current definition allows a property owner of a tract of land to be
issued a building permit on an unplatted lot. Proposed amendments include:
Current definition (Ordinance 11 -S -15):
Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the
office of the County Clerk of Guadalupe, Bexar or Comal County; or a parcel of land, the
deed of which was recorded in the office of the County Clerk of Guadalupe, Bexar or Comal
County.
Proposed definition:
Lot of record: A lot which is part of a subdivision, the plat having been duly approved by the
appropriate authority and recorded in the office of the County recorder of deeds and records.
Ms. Wood stated the public hearing notice was published in "The Daily Commercial
Recorder" and the "Herald" on February 14, 2014. Staff recommends approving Ordinance
No. 14 -S -11 on first reading amending the UDC, Article 16 Definitions.
Mayor Carpenter opened the public hearing and as no one else spoke, Mayor Carpenter closed
the public hearing. Mayor Carpenter opened it up for Council questions and comments and
recognized the following:
Councilmember Fowler asked for clarification on a lot being a part of a subdivision and does
that include commercial lots as well. Senior Planner Lisa Wood explained that in most cases,
a subdivision is a piece of property platted out into a variety of lots by a developer but that a
commercial lot can be a subdivision in itself as platted.
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by
Councilmember Duke, to approve Ordinance 14 -S -11 on first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and
Duke voting yes and no one voting no. Motion Carried.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of
items 1 through 9.
Requests and Announcements
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10. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who stated he wished to recognize
staff members Lisa Wood, Kyle Gaertner, and Chuck Van Zandt who made presentations this
evening. Mr. Kessel stated that they have worked very hard to get where they are and the
accomplishments they have made. They are not executive directors or department heads but
there efforts and excellence in their work is worthy of recognition.
11. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Councilmember Duke stated he has been approached by several residents regarding recent
episodes of vandalism on some signs in the community parks. He requested that staff
provide a presentation on any future plans in the works regarding lighting for these areas.
Mayor Carpenter suggested the end of March for delivery of this item on the agenda.
12. 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
Mayor Carpenter recognized Mayor Pro -Tern Scagliola who stated he attended the following
events:
• Thursday, February, 27, City Council Retreat Workshop Meeting at the Fairfield Inn
Mayor Carpenter recognized Councilmember Fowler who stated he attended the following
events:
• Thursday, February, 27, City Council Retreat Workshop Meeting at the Fairfield Inn
Executive Session
There was no Executive Session.
Adiournment
As there was no further business, the meeting was adjourned at 7:36 p.m.
l
Mayor, Michael R. Carpenter
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ATTEST:
1
ity Secretary, Brenda Dennis
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