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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 1 -10 -2017 Minutes Page - 1 - • 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. 1 -10 -2017 Minutes Page - 2 - • 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: 1 -10 -2017 Minutes Page - 3 - 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. 1 -10 -2017 Minutes Page - 4 - 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. 1 -10 -2017 Minutes Page - 5 - • 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 1 -10 -2017 Minutes Page - 6 - 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 1 -10 -2017 Minutes Page - 7 - 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 1 -10 -2017 Minutes Page - 8 - 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 1 -10 -2017 Minutes Page - 9 - 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 1 -10 -2017 Minutes Page - 10 - 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 1 -10 -2017 Minutes Page -11 - §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. 1 -10 -2017 Minutes Page -12 - 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) 1 -10 -2017 Minutes Page - 13 - 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. 1 -10 -2017 Minutes Page - 14 - • 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) 1 -10 -2017 Minutes Page - 15 - 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 1 -10 -2017 Minutes Page -18 - 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 1 -10 -2017 Minutes Page - 19 -