01-10-2017 MinutesMINUTES
REGULAR MEETING
January 10, 2017
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January
10, 2017, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building 94, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Mark Davis
Councilmember Scott Larson
Councilmember Angelina Kiser
Staff Present:
Executive Director Brian James
City Attorney Charles Zech
Call to Order — City Council Regular Session
Mayor Pro -Tem Cedric Edwards
Councilmember Ralph Gutierrez
Councilmember Robin Thompson
Councilmember Bert Crawford
City Manager John Kessel
Assistant to the City Manager Sarah Gonzalez
City Secretary Brenda Dennis
Mayor Carpenter called the meeting to order at 6:00 p.m.
Openine Prayer and Pledges of Allegiance to the Flaes of the United States and State of Texas.
( Councilmember Scott Larson)
Councilmember Larson provided the opening prayer followed by the pledges of allegiance to the
flags of the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)
Mayor Carpenter recognized Executive Director Brian James who provided the following
announcements:
• Wednesday, January 11 -14 Mississippi Freedom Riders MLK Celebrations
Various events during the celebration of the 2017 MKL Holiday week.
Contact the Chamber for more information.
• Thursday, January 12 Northeast Partnership Meeting
Olympia Hills Golf and Conference Center 11:30 a.m.
• Monday, January 16 City Offices Closed Martin Luther King Jr. Day
• Tuesday, January 17 State of The Chamber Luncheon, Civic Center 11:30 a.m.
• Thursday, January 19 Strategic Planning Retreat City Staff Day
Management and Department Heads attending
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• Thursday, January 19 After -Hours Chamber Mixer TruCare Living Center, 16550
Retama Parkway, Selma
• Friday, January 20 City Council Strategic Planning Retreat
Fairfield Inn and Suites, Schertz 8:30 a.m.
• Saturday, January 21 Cibolo Coffee Haus 3rd Annual Anniversary
Celebration 3893 Cibolo Valley Drive, 10:00 a.m.
• Saturday, January 21 Selma - Schertz 5K Run Retama Round -Up, BBQ Cook -off
and Kids Que, Retama Park 10:00 a.m. — 7:00 p.m.
• Tuesday, January 24 City Council Regular Meeting, Council Chambers 6:00 p.m.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated he wanted to recognize
Economic Development Director Kyle Kinateder who recently received from the San Antonio
Business Journal 2017, the 40 Under 40 award. The 2017 40 Under 40 class was chosen by a
panel of former 40 Under 40 winners. With more than 175 nominations received, paring the
list down to 40 was difficult.
During the event on Feb. 16, the Business Journal announced the 40 Under 40 Man of the
Year and 40 Under 40 Woman of the Year, who was chosen by the judges in a secret
ballot. City Manager, Mayor and Council congratulated Kyle for this achievement.
New Employee Recognitions:
• EMS — Full Time Paramedics Tyler Bowker (D. Wait/J. Mabbitt/T. Bradford)
• IT — Client Services Tech I1 Donney Martin (B. James/M. Clauser)
• Public Works — Public Works Water Jose Castillo Serviceman I (D. Wait/J.
Hooks/D. Ledbetter)
Staff members were introduced to Council by their supervisors and provided a short bio on
each new employee. The new staff members were each given a chance to say a few words if
they wished. All of Council welcomed them aboard.
Hearing of Residents
• Mr. Danny Sale, 3812 Hunters Glen, who spoke about issues with grass growing out of the
payment near the curb. He indicated that he called the Public Works Department twice but
still has not seen any action. He stated that he has a plan that would allow the trucks to spray
herbicide that would resolve the issues.
• Mrs. Patty Cullum, 9025 Peridot, who spoke regarding the problems with the Sedona
Subdivision.
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• Mrs. Rosemary Hendrix, 3017 Turquoise, who spoke against agenda item 4, and problems
they have faced with no resolve.
• Ms. Maggie Titterington, The Chamber President, who provided information on various
upcoming events.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke about a recent incident that occurred at
his residence and the lack of confidence in the Police Department and leadership of the city.
Mayor Carpenter stated that he would like to move past the workshop discussions as they are largely
information for the benefit of Council and as there are several public hearings this evening he wants
those present to be given the opportunity to speak. Mayor Carpenter moved to the consent agenda
section of the agenda.
Consent Agenda Items
The Consent Agenda is considered 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 of the Mayor or a Councilmember.
1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of December 20, 2016. (J. Kessel/B. Dennis)
2. Ordinance No. 16 -T -41 — Consideration and/or action approving an Ordinance authorizing
a Budget Adjustment to provide for new sidewalks and trails. Final Reading (B. James /C.
VanZandt/L. Shrum)
The following was read into record:
ORDINANCE NO. 16 -T -41
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO PROVIDE FOR NEW SIDEWALKS
AND TRAILS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve the consent agenda items 1 and 2. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford voting for and no one voting no. Motion passed.
Discussion and Action Items
3. Resolution No. 17 -R -01 — Consideration and/or action approving a Resolution authorizing
the pursuit of Transportation Alternatives Program Funding for the Construction of
Connecting Sidewalks and Trails in the City of Schertz. (B. James /C. VanZandt/L. Shrum)
The following was read into record:
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RESOLUTION NO. 17 -R -01
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE PURSUIT OF TRANSPORTATION ALTERNATIVES
PROGRAM FUNDING FOR THE CONSTRUCTION OF CONNECTING
SIDEWALKS AND TRAILS IN THE CITY OF SCHERTZ
Mayor Carpenter recognized Director of Parks, Recreation and Community Services Chuck
VanZandt who stated they came before Council on December 20, 2016, and we discussed this
transportation alternative program and how what we wanted to do was such a good fit for that
program as well as the funding necessary to pursue this. He stated that it had a $1,000,000
threshold in order to participate. The first reading of the Ordinance was to discuss how we
would set aside that funding to meet that threshold; the consent agenda this evening provided
for the final reading of the ordinance for this funding and was approved. This resolution this
evening is to come back to Council and simply request your permission to proceed. As there
were no questions from Council, Mayor Carpenter called for a motion.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R -01. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser
and Crawford voting for and no one voting no. Motion passed.
4. Ordinance No. 17 -S -01 — Conduct a Public Hearing and consideration and/or action on an
amendment to the Crossvine PDD (Ordinance 14 -S -08) in order to incorporate a new Garden
pg Home configuration in Module I1A, along with new street cross - sections and other associated
development standards. The property is approximately 375 acres of land located at the
intersection of Lower Seguin Road and FM 1518. First Reading (B. James/L. Wood/C.
Gould)
The following was read into record:
ORDINANCE NO. 17 -S -01
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY
375 ACRES OF LAND FROM PLANNED DEVELOPMENT DISTRICT TO
PLANNED DEVELOPMENT DISTRICT (PDD)
Mayor Carpenter recognized Planner I Channary Gould who said the applicant is proposing to
amend the Crossvine Planned Development District (PDD) zoning (Ordinance 14 -S -08) in
order to incorporate a new garden home configuration within Module IIA, along with new
street cross - sections and other associated development standards. The property is an
approximate 375 acres of land generally located west of FM 1518 and Lower Seguin Road.
The new garden home configuration is referred to as GH (3) and is approximately 15 acres.
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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One - hundred and forty one (141) public hearing notices were mailed to surrounding property
owners on December 1, 2016 with a public hearing notice published in the "The Daily
Commercial Recorder" on December 20, 2016 and the "Herald" on December 28, 2016.
At the time of this staff report twelve (12) total responses were received, one (1) response in
favor of the request; ten (10) responses opposed to the request; and one (1) response was
neutral to the request. Three of the replies included concerns related to flooding around FM
1518.
PROJECT HISTORY:
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 -S -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 -S -16
2014: The Crossvine PDD was amended and adopted by Ord. #14 -S -08
A public hearing was conducted at the December 14, 2016 Planning and Zoning Commission
meeting where staff discussed the proposed amendments with the Commission to gain input
from the Commission and receive public comment. Staff reviewed the request for
conformance with the Comprehensive Land Use Plan (CLUP) and the subject property is
identified as Mixed Use Neighborhood which provides for walkable neighborhoods in the
vicinity of the intersection of FM 1518 and Lower Seguin Road. The requested amendment to
the PDD appears to have minimal impact on the public infrastructure, facilities or services.
The new GH (3) garden home configuration has a minimum lot size of 3,300 square feet with
minimum lot dimensions of 40 feet by 88 feet. The front building setback is 5 feet with a
minimum side setback of 5 feet or 10 feet on one side (a zero lot line option) and a minimum
rear setback of 3 feet. The building maximum height is 3 8 feet with a maximum impervious
coverage of 85% and a maximum dwelling size of 2,650 square feet.
The following summary highlights the proposed development standards associated with the
new GH (3) garden home configuration. Please review the PDD to view all modifications.
Amendment to Section 6: Module H
Purpose and Overview (Sec. 6.1): The overview has been updated to provide a narrative of the
proposed changes to the Second Amendment to the Crossvine PDD that incorporate a third
garden home configuration, designated as GH (3). The overview also describes the
boundaries of the proposed GH (3) location.
Conceptual GH (3) Land Plan — GH (3) Development Area (Exhibit 1): A description of the
GH (3) is provided and introduces Exhibit 1, the Conceptual GH (3) Land Plan.
Amendment to Section 8: Infrastructure Standards
Roadways (Sec. 8.2. Four new roadway profiles which are different from the City's standard
roadway profiles are proposed. The new profiles include the following:
• 62 foot Boulevard with two 20 foot sections of pavement separated by a 7.5 -foot median.
The cross - section includes two 12 foot drive isles and two 8 foot parallel parking isles.
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• 62 foot Boulevard with two 21 foot sections of pavement separated by a 5.5 -foot median.
The cross - section includes two 13 foot drive isles and two 8 foot parallel parking isles.
• 56.5 foot Boulevard with two 13 foot paved drive isles and 8 foot parallel parking isles
• 22.5 foot Alley
All proposed roadway profiles have been reviewed and approved by Public Works,
Engineering and Fire.
Sidewalks (Sec. 8.7): Modified standards are proposed exclusive to the GH (3) Development
Area. The modified standards include a 4 -foot wide greenbelt sidewalk to which each home
will have access.
Parking Requirements (Sec. 8.8): In addition to the two garage parking spaces required for
each garden home, one additional parking space is required per garden home. This extra
parking can be satisfied by designated parallel parking areas or in parking courts.
Utility Location (Sec. 8.10): Utilities may be placed in the Alley roadway or within the
common area greenspace. The cross - section exhibits include potential utility locations.
Fire Hydrant and Meter Location (Sec. 8.11): Fire hydrants could be located within any
public utility easement, common area greenspace, or any other areas as designated by an
approved site plan. Utility meters may be located at each home or clustered in utility meter
banks in the common area greenspace, subj ect to approval by each utility provider.
Repairs and Maintenance (Sec. 8.12): Language is included to clarify that the City of Schertz
or any other utility provider shall not be responsible for the repair or replacement of
landscaping other than turf grass or ground cover.
Drainage Easements (Sec. 8.131 Minimum drainage easement widths of 10 feet is required.
Offset Intersections (Sec. 8.14): No minimum or maximum offset requirements apply if
intersecting an Alley.
Storm Sewer; Mains and Laterals (Sec. 8.14): Minimum eighteen inch (18 ") drainage lines are
required for City maintained drainage lines and minimum twelve inch (12 ") laterals are
required for sewer lines.
Water Lines (Sec. 8.16): Minimum forty-eight inch (48 ") cover is required. Any proposed
deviation from this minimum requires approval by the City Engineer or Public Works
Director.
Wastewater Manholes: A minimum of 10 -foot separation from the outside of the manhole to
an adjacent allowable building pad location is required for any wastewater manholes in
Alleys.
Amendments to Section 9.2: Landscape Design
This section has been amended to include various provisions to elements associated with the
proposed GH (3) product type and new road cross - sections. Due to numerous new
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subsections being introduced, please see attached PDD document for specific standards being
proposed.
Amendments to Section 9.5: Signage
No Parking and One Way Signs (Sec. 9.5.3.3 ): This section introduces no parking and one-
way signs for the Alleys.
Amendment to Section 12: Land Use Allocations
Garden Home /GH (3) (Section 12.2.1.1.4): This is a new subsection that provides
development standards for the proposed GH (3) product. In addition to the minimum setbacks
and lot size requirements, this section discusses common area greenspace requirements and
allows for a zero -lot line design so long as a minimum 10 -foot building separation is
provided.
The Planning and Zoning Commission conducted a public hearing on December 14, 2016 and
offered a recommendation of approval.
Staff recommends approval of the amendment request based on compliance with the
Comprehensive Land Use Plan and consistency with the existing PDD - Master Plan adopted
with Ordinance 14 -S -08.
Mayor Carpenter opened the public hearing and recognized the following:
• Mr. Chris Price, 314 Commerce Street, the Developer who addressed the request for
rezone regarding a new garden home configuration. Mr. Price also addressed
greenspace and connectivity.
• Mrs. Rosemary Hendrix, 3017 Turquoise, who spoke in opposition. Lighting issues,
no turn lanes, intersection issues and visibility. These items were promised under the
Sedona agreement.
• Mrs. Patty Cullum, 9025 Peridot, who spoke in opposition. Inadequate traffic study
information, traffic impact, impact of EMS/Fire response and being able to respond.
Lighting issues on Lower Seguin road.
• Mr. Kent Palma, 9012 Gila Bend, who spoke regarding lighting issues; lighting is non-
existent.. His concern is when Mr. Price originally submitted the information he was
told that this was going to be a mixed use community; he understands the garden
homes, apartments etc., but we still have issues in Sedona that have not been addressed
and resolved already. Also, all this is going to do is distract from those issues. For
instance, the park has been in process ever since he moved in. Ditches and water flow
issues - neighbors are solving the problem and not the developer.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke in opposition and asked Council
to table this item to address the concerns raised by the citizens. He is also concerned
regarding Police /Fire protection needs.
• Mr. Kevin Mutchler, 9112 Gila BND, who addressed issues on Lower Seguin Road,
the construction and the roads being tom up by the construction vehicles. He
addressed and stated that he had submitted a proposal for public transportation, bus
service in the area and is hopeful for future consideration.
• Mr. Glen Outlaw, 3729 Forsyth Park, who spoke in opposition stating the PDD is not
ready for approval. The City needs to define Garden Home, square feet, etc.; he spoke
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of concerns regarding side yard setbacks and fire protection concerns. He stated that
he is not against the development but several questions have been raised and he
believes the city needs to address them before moving forward with approval. He
wanted to know about parking; will there be designated No Parking areas, if
individuals park on both sides the fire apparatus vehicle will not be able to get down
the street.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments and
questions.
Staff was recognized and addressed some of the above mentioned issues that were raised.
Mayor Carpenter opened it up for Council discussion.
Councilmember Kaiser addressed concerns raised by Mr. Outlaw and requested more
information before she could approve the item. She is all for garden homes but in this case
feels we haven't looked at all the issues.
Councilmember Davis addressed concerns regarding Fire response, traffic issues items not
regarding details that are not in the plan, as well as other concerns voiced this evening.
Councilmember Crawford expressed his concern regarding accessibility for the Fire trucks
being able to access the homes for fire suppression.
Mayor Pro -Tern Edwards stated there is a need for garden homes; there is a delicate balance.
The project merits us talking about and discussing it thoroughly.
Councilmember Thompson agreed with the concept of garden homes. In regard to lighting
issues, are they TxDOT or City responsibility. Regarding the questions on developer issues,
these need to be addressed.
Councilmember Larson made a motion to postpone, seconded by Mayor Pro -Tern Edwards.
Mayor Carpenter recognized Councilmember Crawford who asked that Councilmember
Larsson withdraw his motion for further questions. Councilmember Larson withdrew his
motion.
Discussion continued and staff addressed further questions from Mayor and Council.
Executive Director Brian James suggested we do a future workshop item that will allow more
discussion and more dialogue.
Councilmember Gutierrez addressed issues regarding whether a traffic impact analysis has
been done; can there be designed sections designated as No Parking.
Mayor Carpenter recognized City Attorney Charlie Zech who stated that the HOA issues are
private matters as well as the proposed law suit in which the neighbors are pursuing and that
the City cannot get involved in private matters.
Mayor Carpenter stated that he would like to draw upon his 10 years of experience in serving
and recommend to the Council approval of first reading as the developer already had previous
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approval to build what was approved in the past. He stated that before final reading he would
suggest at the next meeting, in two weeks, that staff prepare a workshop discussion with a
public hearing attached to it to allow more discussion. Council concurred.
Mayor Carpenter recognized Councilmember Davis who moved, seconded by
Councilmember Kiser to approve Ordinance No. 17 -S -01 first reading contingent upon
bringing it back in two weeks (January 24, 2017) as a workshop with a public hearing
mechanism attached. The vote was unanimous with Mayor Pro -Tern Edwards,
Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for
and no one voting no. Motion passed.
5. Ordinance No. 17 -S -02 - Conduct a Public Hearing and consideration and/or action on an
amendment to the Nor -Tex Farms PDD (Ordinance 14 -S -29) in order to modify the
PH subdivision signage regulation and change the project name to Homestead. The property is
approximately 434 acres of land generally located on lH 35 Frontage Road and Covers Cove.
First Reading (B. James/L. Wood/C. Gould)
The following was read into record:
ORDINANCE NO. 17 -S -02
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY
434 ACRES OF LAND FROM PLANNED DEVELOPMENT DISTRICT TO
PLANNED DEVELOPMENT DISTRICT (PDD)
Mayor Carpenter recognized Planner I Channary Gould who said the applicant is proposing to
rezone approximately 434 acres of land generally located on IH -35 Frontage Road
approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove. The
rezone request is to amend the Nor -Tex Farms Planned Development District (PDD) zone
(Ordinance 14- S -29), to modify subdivision signage and change the project name to
Homestead.
The public hearing notice was published in "The Daily Commercial Recorder" on December
20, 2016 and the "Herald" on December 28, 2016. One hundred and thirty eight (13 8) public
hearing notices were mailed to surrounding property owners within two hundred (200) feet of
the subject property on November 23, 2016.
At the time of this staff report six (6) total responses were received. One (1) response was in
favor of the request, four (4) responses opposed to the request, and one (1) was neutral. One
(1) response in opposition included concerns related to the traffic at Schwab Road.
Staff reviewed the request for conformance with the Comprehensive Land Use Plan (CLUP)
and the subject property is identified as containing highway commercial, commercial campus,
and single family residential uses. Highway commercial and commercial campus land uses
focus on areas of large format retail, restaurants, entertainment uses, office space and multi-
family apartments. The areas identified on the Master Development Plan as commercial and
multifamily are consistent with the areas designated in the CLUP as highway commercial and
commercial campus. The area designated as single family consists of clusters of single family
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lots and generous amounts of open space. The PDD identifies four (4) different minimum lot
sizes for single family residential: 6,600 square feet, 7,200 square feet, 7,800 square feet and
9,000 square feet as shown in table two: dimensional requirements chart in the PDD.
Additionally there are approximately 75 acres of open space and parkland proposed. The
Master Development Plan identifies an overall density of 2.7 dwelling units per acre for the
single family residential area. The PDD also provides for some specific development
standards. The requested amendment to the PDD does not affect any of the lot sizes, density,
or open space and parkland acreage. Thus the amended PDD would be in conformance with
the Comprehensive Land Use Plan.
The following summary highlights the modifications to the PDD.
1) The PDD name is proposed to be revised from Nor -Tex Farms PDD to Homestead PDD.
2) Table 1, in Section II of the PDD was revised to eliminate the school site, since it was not
included as part of the approved PDD.
3) Amendments to Section V. Signs (Article 11) are generally as follows:
a) Subdivision Entry Signs: The maximum sign area, height and number of signs are
proposed to be revised for Primary Subdivision Entry Signs and Secondary Subdivision
Entry Signs. Two Primary Subdivision Entry Signs are proposed off IH -35 that would
each be up to 187 square feet with a maximum letter height of 4 feet. Two Secondary
Subdivision Entry Signs are proposed at the intersection of the Local Street leading to
Unit 3B from Schwab Road. The Secondary Subdivision Entry Signs are proposed to
each be up to 25 square feet with a maximum letter height of 2 feet and 6 inches.
b) Homestead Recreation Center Signs: One Fence Sign is proposed as part of the pool
enclosure fence with a maximum sign area of 40 feet and maximum letter height of 22
inches. One double -faced Homestead Recreation Center ID Sign is proposed with a
maximum sign area of 20 square feet per side and a maximum height of 4 feet. The
Homestead Recreation Center ID Sign is proposed to be set perpendicular to Homestead
Boulevard.
c) Deerhom Park ID Sign: One double -faced Deerhom Park ID Sign is proposed with a
maximum sign area of 20 square feet per side and a maximum height of 4 feet. The
Deerhom Park ID Sign is proposed to be set perpendicular to Homestead Boulevard.
d) Wayfinding and Model ID Signs: Double -faced Wayfmding Signs are proposed to not
exceed 32 square feet per sign face and will be placed perpendicular to the street. Model
ID Signs are proposed to be single -faced and would not exceed 16 square feet per sign
face. The Model ID Signs would be set parallel to the street.
The Planning and Zoning Commission conducted a public hearing on December 14, 2016 and
offered a recommendation of approval.
Staff recommends approval of the PDD amendment request based on its compatibility with
the adjacent land uses and compliance with the Comprehensive Land Plan.
Mayor Carpenter opened the public hearing and recognized the following:
• Mr. Matt Matthews (The Developer), 3500 North Capitol of Texas Hwy — Unit 2316,
Austin, TX, who said they purchased this project in December 2014: 643 acres (433 in
Schertz city limits). The project will include 1,471 units (888 in Schertz), with over
100 acres of parks and open space, 5 miles of trails, and a 25 acre elementary school
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area (adjacent to the site). The primary context of this PDD amendment is to change
the name of the project to Homestead. He explained the various types of signage they
plan on using to temporarily advertise the project and direct traffic throughout the
community. He also showed the design for the proposed Homestead entrance.
Glen Outlaw, 3729 Forsyth Park, who is concerned about the presentation. How do
these signs compare to our sign ordinance (the different sizes). Are they within the
guidelines or exceeding the guidelines? We have standards for a reason and if we are
waiving the standards, we should have a good reason. They are good looking signs but
are we granting a variance to the sign ordinance? Regarding the temporary signs, are
we including a time limit somewhere in the document?
Mayor Carpenter closed the public hearing as there were no more speakers and opened it up to
Council for comments and questions. Ms. Gould and Mr. Matthews addressed the questions.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Larson to approve Ordinance No. 17 -S -02 first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford voting for and no one voting no. Motion passed.
6. Ordinance No. 17 -S -03 - Conduct a Public Hearing and consideration and/or action to
approve an Ordinance to zone approximately 3 acres of land from Single- Family Residential
PH (R -1) to Neighborhood Services (NS). The property is generally located at Southwest of FM
3009 at Green Valley Road. First Reading (B. James/L. Wood/E. Grobe)
The following was read into record:
ORDINANCE NO. 17 -S -03
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 3
ACRES OF LAND FROM SINGLE-FAMILY RESIDENTIAL, (R -1) TO
NEIGHBORHOOD SERVICES DISTRICT (NS)
Mayor Carpenter recognized Planner I Emily Grobe who stated Dye Enterprises is requesting
to rezone approximately 3 acres of land from Single Family Residential (R -1) to
Neighborhood Services (NS). The property is currently being used as Single- Family
Residential.
The public hearing notice was published in "The Daily Commercial Recorder" on December
20, 2016 and the "Herald" on December 28, 2016. Nineteen (19) public hearing notices were
mailed to surrounding property owners within two hundred (200) feet of the subject property
on November 22, 2016, prior to the Planning & Zoning Commission meeting that took place
on December 14, 2016. At the time of this report, Staff has received one (1) response in favor
which was from the property owner requesting the rezoning and seven (7) responses opposed
to the request.
The City received written opposition to the request by property owners within the notification
boundary of more than 20% of the land area. In accordance with Local Government Code
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§211.006 an affirmative vote of at least three- fourths (3/4) of City Council must be received
to approve the request.
The Comprehensive Land Plan identifies the subject property as Commercial Campus and
Single - Family Residential. Commercial Campus is intended to encourage the development of
lower intensity commercial and office uses. Single Family Residential is intended to
encourage a mix of residential uses as well as limited commercial development to support the
daily activities of the development.
• Comprehensive Land Plan Goals and Objectives: The proposed rezoning request is in
conformance with the goals and objectives of the Comprehensive Land Use Plan. The
proposed zone change supports the commercial use that the Future Land Use Plan calls for in
this area. The Future Land Use Plan has this area designated as Commercial Campus which
designates a land use mix of mostly office, research, flex - office, and supporting uses.
Additionally, the Single - Family Residential designation on the Future Land Use Plan allows
for limited commercial development. The Neighborhood Services zoning district would allow
for the limited commercial uses desired by the Future Land Use Plan and Comprehensive
Land Plan.
• Impact on Infrastructure: The proposed zoning request should have a minimal impact on the
existing and planned water and wastewater systems. The project is within the City of Schertz
service area.
• Impact on 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 single - family residential, Right -of -Way, and Neighborhood Services
zoned undeveloped land. The proposed Neighborhood Services zoning is intended to provide
suitable areas for the development of certain service and retail uses in proximity to residential
neighborhoods. Additionally, the proposed rezone would be directly adjacent to property
zoned Neighborhood Services. Approximately 35 feet south of the subject property along
Ashley Oak Dr. there are commercial properties zoned Neighborhood Services.
The Comprehensive Land Use Plan section which reviews this portion of central Schertz was
adopted in 2002; at that time the subject property was zoned for single - family residential uses.
Despite the Comprehensive Land Use Plan designating this area as Commercial and Single -
Family Residential, the properties have remained very low density, individually owned single -
family residences. The 2013 Schertz Sector Plan amendment to the Comprehensive Land Use
Plan focused on the northern and southern areas of Schertz and did not examine central area of
Schertz, where the subject property is located. Since the 2013 amendment did not review this
area, the subject property is still identified as Commercial and Single - Family Residential
desired property. However, with the update of the Future Land Use Map the majority of the
subject property designation went from Commercial to Commercial Campus and the
remaining portion of the property remained Single - Family Residential. Based on land use
compatibility with the surrounding single- family residential the request to rezone to
Neighborhood Services (NS) is the most appropriate zoning district supported by the
Comprehensive Land Use Plan and its goals and objectives.
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In keeping with the commercially desired land use described in the Comprehensive Land Use
Plan, Neighborhood Services would more appropriately allow for limited retail and services
that would be more appropriate with the single - family residential used and zoned property in
the proximity. Additionally, the proposed rezone would extend the already existing zoned
Neighborhood Services district to encompass the desired area on the Comprehensive Land
Use Plan.
The proposed zoning of Neighborhood Services would provide an appropriate, compatible use
to the adjacent residential and already existing Neighborhood Services commercial.
Additionally, Neighborhood Services provides the opportunity for limited service and retail
uses to more conveniently accommodate the needs of the nearby residential uses.
The Planning and Zoning Commission conducted the public hearing on December 14, 2016
and offered a recommendation of approval by a unanimous vote.
Staff recommends approval of the rezoning request based on its compatibility with the
adjacent land uses and compliance with the Comprehensive Land Plan.
Mayor Carpenter opened the public hearing and recognized the following:
• Mr. Scott Die, representing the landowner Dr. Kellum who made himself available to
answer any questions.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
Mayor Pro -Tem Edwards, Councilmembers Crawford and Gutierrez asked questions from
staff. Staff addressed their questions.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve Ordinance No. 17 -S -03 first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmemhers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford voting for and no one voting no. Motion passed.
7. Ordinance No. 17 -S -04 - Conduct a Public Hearing and consideration and/or action on an
amendment to the Hallies Cove PDD (Ordinance 16 -S -32) in order to modify the minimum
PH lot depth and the method used for calculating lot depth. The property is approximately 90
acres of land located Southeast of Trainer Hale Road and FM 1518. First Reading (B.
James/L. Wood/C. Gould)
The following was read into record:
ORDINANCE NO. 17 -S -04
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 90
ACRES OF LAND FROM PLANNED DEVELOPMENT DISTRICT TO PLANNED
DEVELOPMENT DISTRICT (PDD)
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Mayor Carpenter recognized Planner I Channary Gould who stated the Hallies Cove Planned
Development District (PDD) was approved by City Council on September 27, 2016. The
owner /applicant, Triple H Development, LLC, is proposing to amend the Hallies Cove PDD
(Ordinance 16 -5 -32) in order to modify the minimum required lot depth and the method of
measuring lot depths for irregular lots, lots fronting cul -de -sacs or knuckled and/or curved
streets.
The proposed amendment to the PDD incorporates a new table into Section II of the PDD that
includes a minimum lot depth requirement of 119 feet and a new definition for how to
measure lot depth for irregular lots and lots fronting cul -de -sacs or knuckled and/or curved
streets. With the exception of revisions to Section II of the PDD document, no other changes
have been made.
The public hearing notice was published in "The Daily Commercial Recorder" on December
20, 2016 and the "Herald" on December 28, 2016. Sixteen (16) public hearing notices were
mailed to surrounding property owners within two hundred (200) feet of the subject property
on November 30, 2016. At the time of this report being prepared, Staff received one (1)
response in favor of the request.
Staff reviewed the request for conformance with the Comprehensive Land Plan and the
Schertz Sector Plan. The Sector Plan amendment to the Comprehensive Land Use Plan
(CLUP) designates the majority of the subject property as Estate Neighborhood with a portion
of the site being within the Transition land use /character. The Estate Neighborhood land
use /character is intended to address residential development patterns within the Residential
Agriculture zoned property within South Schertz. Alternative Development options for the
Estate Neighborhood Land Use /Character area designation are available to encourage
clustering in order to provide for more open space.
The PDD includes a total of 147 single family dwelling units, which is equal to 1.65 dwelling
units per acre. This is less than the maximum density of 2 dwelling units per acre as identified
by the Comprehensive Land Use Plan and the Estate Neighborhood Land Use /Character. The
proposed layout clusters the residential lots off FM 1518 to allow for open space areas at the
northerly and southeasterly portions of the project site. The cluster design concept, in contrast
to larger residential lots that are distributed across the entire project site, accommodates the
proposed parklands and is consistent with the alternative development option that encourages
preservation of greater open space in the Estate Neighborhood Land Use /Character area
designation. The proposed amendment to the PDD does not change the project density thus it
is still in conformance with the Comprehensive Land Plan and the Schertz Sector Plan.
Comprehensive Plan Goals and Objectives: The proposed amendment to the PDD is
generally in conformance with the goals and objectives of the Comprehensive Plan. The PDD
concentrates residential lots off FM 1518 so that the far northerly and easterly portions of the
site could be dedicated as public parkland, thereby creating large usable open space with
connectivity potential. The PDD amendment does not alter this design.
• Impact of Infrastructure: The proposed PDD amendment would have a minimal impact on the
existing and planned water and wastewater systems in the area since the project's residential
use is consistent with the anticipated future development in southern Schertz.
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• Impact of Public Facilities /Services: The proposed PDD amendment would have minimal
impact on public services, such as schools, fire, police, parks and sanitation services since it
does not alter the approved density of residential development for the Hallies Cove PDD.
Compatibility with Existing and Potential Adjacent Land Uses: The subject property is
currently surrounded by single family residential, agricultural use and undeveloped land.
Within the localized area around the project, there is existing residential development on the
west side of FM 1518 and new residential construction around the FM 1518 and Lower
Seguin Road intersection. The requested PDD amendment is compatible with the surrounding
properties.
Parks: The Master Development Plan shows approximately 36 acres of parkland that will be
dedicated to the City of Schertz as a public park. In accordance with UDC, Sec. 21.9. 10 Park
and Open Space Dedication requirements the Parks and Recreation Advisory Board met on
August 22, 2016 and made a recommendation to accept the parkland dedication. The
requested PDD amendment does not alter the proposed parkland dedication.
The Planning and Zoning Commission conducted a public hearing on December 14, 2016 and
offered a recommendation of approval.
Staff recommends approval of the PDD amendment request based on its compatibility with
the adjacent land uses and compliance with the Comprehensive Land Plan.
Mayor Carpenter opened the public hearing and recognized the following who spoke:
Mr. John LaRo, 1718 Dry Creekway, Engineer for the project who was available for
any questions.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments and
questions. As there were no questions from Council, Mayor Carpenter called for a motion.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Davis to approve Ordinance No. 17 -5 -04 first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford voting for and no one voting no. Motion passed.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for
agenda items 1 -7.
Mayor Carpenter recessed the meeting at 8:45 p.m. for a 10 minute recess.
Mayor Carpenter reconvened the meeting at 8:58 p.m. and moved back to the workshop items.
Workshop
0 Discussion and Update regarding the Hotel Occupancy Tax Fund. (B. James /J. Walters)
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Mayor Carpenter recognized Finance Director James Walters who provided a PowerPoint
presentation explaining the Hotel Occupancy Tax Fund. Information included the following:
• Collection -
- Combined tax in Schertz is 13% of the price of a hotel room
-The City collects 7%
-The State collects 65
• Current Budget
-Sept 2016 Fund Balance $1,186,062
-The City estimates about $610,000 in HOT revenue this fiscal year
• Use of tax
2 Part Test
- 1" Criteria:
• Directly promote tourism
■ Tourism: guiding or managing individuals who are traveling to a different
city, state, or country
• Directly promote the hotel and convention industry
■ Must be a program, event, or facility likely to cause an increase in hotel or
convention activity
2 Part Test
- 2nd Criteria:
o Must meet one of 9 categories
■ Funding establishment or operations of visitor's centers or convention
centers
■ Administrative costs for conventions registration
■ Advertising to attract tourists
Philosophy
- Since the change in operations the City hasn't established a new philosophy for
HOT
- Moving forward staff will meet with interest groups for feedback on what category
above would be most beneficial given our attributes of the City
- Draft would return to Council
- Council would approve program funding
Mayor Carpenter opened it up for Council discussion and recognized Councilmember Larson
who provided his insight into potential opportunities related to the use of the HOT funds. He
expressed his ideas and asked that the Council consider other ideas for opportunities to use
these funds.
Mayor Pro -Tem Edwards stated as well as Mayor Carpenter that this was a subject of many
discussions, i.e., Youth Sports Capital of Texas for the Southwest was an idea. Mayor
Carpenter stated that this is an opportunity to carve out some time in the upcoming strategic
planning session to discuss philosophy and ideas. It was also suggested to place an item on a
future agenda for board based discussions, i.e., youth sports. It is time to discuss this and set
policy on how we spend the funds. Councilmember Crawford stated that with the dissolution
of the Parks & Recreation Foundation maybe some ideas could be posed on how to utilize
those funds to fund some of those projects. Councilmembers continued discussion and asked
1 -10 -2017 Minutes Page - 16 -
that an item be placed on the January 24th agenda to continue discussions and debate future
planning on the use of the HOT funds; Council concurred.
• Discussion regarding Main Street Revitalization Efforts. (B. James)
Mayor Carpenter recognized Executive Director Brian James who stated as a reminder to
everyone, Main Street includes a mix of retail, office, service, restaurant and residential uses.
The zoning is mostly general business and R2. Some structures were originally constructed as
single family homes and others were constructed for commercial use. The Plan laid out some
opportunities and some constraints. They still have the bond fund for $1 million for Main
Street. It has high visibility from Hwy 78 and an existing stable neighborhood to the north and
south of the tracks. There are some existing single family homes that can be adapted for reuse.
However, most of the area is in the 100 year floodplain so development and redevelopment
costs are much higher. Since this limits us, the focus is on adaptive reuse in the short run.
Councilmember Davis expressed concern with flooding; he stated that this area could be set
up like Cibolo, who has revitalized their Main street area with pubs, or just a place to go and
have a drink and share conversations. Mayor Pro -Tem Edwards suggested that
Councilmembers go visit the Cibolo Main Street revitalization and see what they have done.
Councilmember Davis suggested sponsoring an event in the Main Street area.
Councilmember Crawford and Thompson also provided their suggestions and agreed it is time
to start discussions. Council requested that this be placed on a future agenda for further
discussion. Executive Director Brian James asked that Council allow him a little more time to
bring back this item as they are working on other possibilities of the area. Council concurred.
Mayor Carpenter recessed the meeting at 10:13 p.m. for a brief break; Mayor Carpenter reconvened
the meeting at 10:21 p.m.
Mayor Carpenter moved to the orientation section of the agenda.
11. CouncUmember Orientation - Information and discussion regarding Strategic Plan
Overview, UDC/Development Process, Economic Development Overview.
Mayor and Council were provided orientation briefings regarding the following topics:
• Strategic Plan Overview — information provided by Assistant to the City Manager
Sarah Gonzalez.
• UDC/Development Process — information provided by Director of Planning &
Community Development Lesa Wood.
• Economic Development Overview — information provided by Executive Director of
Development Kyle Kinateder.
Mayor Carpenter moved to agenda item 8.
8. Announcements by City Manager
No further announcements were made.
1 -10 -2017 Minutes Page - 17 -
9. Future Agenda Item Request for City Council: This is an opportunity for City Council
members to request that items be placed on a future agenda. No discussion of the merits of
the item may be taken at this time. Should a Council Member oppose placement of the
requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the
consensus of the other City Council members to place or not place the item on a future
agenda.
Mayor Carpenter recognized Councilmember Crawford who stated he believes we have a
discussion regarding the Sedona subdivision scheduled already, maybe at the next council
meeting. Executive Director Brian James nodded his head yes. He asked if maybe the next
week they could talk about Sedona and what the status is on the parks, drainage and anything
else that applies to that subdivision that is basically complete but also whose responsibility it
is to address those projects that are not complete.
Councilmember Crawford stated for City Manager John Kessel he would still like to get the
dollar numbers on the Obligation Bonds that we have out at the current time. He also asked
for any police statistics on crimes committed, investigations open/closed cases. Mr. Kessel
stated they could put together a presentation by the Police Department on crime stats. Mayor
Carpenter added it would be a good idea for them to also provide stats on how we compare to
other cities in the area as well as the national crime rates.
Mayor Carpenter recognized Councilmember Davis who stated in the past we have had issues
with foundations. Recently he has heard of problems folks are having with leaks in houses
throughout the San Antonio area. He requested an overview on PEX and plumbing leaks; is it
a problem with defective material being used or an installation problem? Executive Director
Brian James said they can provide that in two weeks.
10. 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
Mayor Carpenter recognized Councilmember Davis who stated he had an opportunity recently
to visit with some of the staff members before the end of the recent holidays and was
impressed; staff was very motivated and he feels we have a good crew of people out there.
Mayor Carpenter stated that he did not have a certified agenda prepared in his packet for executive
session. City Secretary Brenda Dennis asked for a five minute recess so that she could go over to her
office and provide one. Mayor Carpenter recessed the meeting at 11:05 p.m. Mayor Carpenter
reconvened the meeting directly into executive session at 11:14 p.m., and Council moved to the
Council Chambers Conference Room.
Executive Session
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Mayor Carpenter recessed the regular meeting at 11:14 p.m. into executive session under the
following section:
12. City Council will meet in closed session under section 551.074 of the Texas
Government Code, Personnel Matters to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City Secretary.
Reconvene into Regular Session
Mayor Carpenter reconvened back into the regular session at 11:45 p.m., and stated that City Council
met in closed session under section 551.074 of the Texas Government Code, Personnel Matters
to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
of the City Secretary.
12a. Take any action based on discussions held in closed session under Agenda Item 12 including
possible increase in salary.
No Action was taken at this time.
Adiournment
Mayor Carpenter adjourned the meeting at 11:47 p.m.
Michael R. Carpenter, Mayor
ATTEST:
Ap 4n
enda Dennis, City ecretary
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