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04-12-2022 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL April 12, 2022 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively as a tea City Council will hold its regularly scheduled meeting at 6 :00 p.m., Tuesday, April 12, 2022, at the City Council Chambers. In lieu of attending the meeting in person, residents will have the opportunity to watch the meeting via live stream on the City's YouTube Channel Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Heyward) Presentations • Special Accommodation to Monica Kuehn for baby deliveries over 911 Phone. (C. Kelm /M. Bane/N. Kuhlmann) Proclamations • Proclamation recognizing National. Public Safety Telecommunications Week. (Mayor Gutierrez/N. Kuhleman) • Proclamation recognizing National Animal Care and Control Appreciation Week. (Mayor Gutierrez/M. Bane /M. Lagunas) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (R. Gutierrez) April 12, 2022 City Council Agenda Page 1 Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existingpolicy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 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 meeting of Special Pre - Budget Retreat Meeting of March 25, 2022, and minutes of the Regular Meeting of April 5, 2022. (:B. Dennis) 2. Ordinance No. 22 -T -12 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas, amending Chapter 78, Article VII, Roadway Capital Recovery Fees incorporating amended land use assumptions and amended Capital Improvements Plans for such facilities providing for collection of impact fees. Final Reading (M. Browne /B. James) 3. Ordinance No. 22 -S -13 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, amending the Master Thoroughfare Plan. Final Reading (M. Browne /B. James) 4. Resolution No. 22 -R -41 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving requests for Schertz Main Street Local. Flavor Economic Development Grants for 539 and 820 Main Street. (B. James) 5. Resolution No. 22 -R -42 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a Subdivision. Improvement Agreement with Crossvine Module 2, Unit 1. (M. Browne /B. James) April 12, 2022 City Council Agenda Page 2 6. Resolution No. 22 -R -30 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the acceptance of a warranty deed from Schertz 1518, Ltd. for Lot 1, Block 1 of the Schertz Forest Unit 1 Addition. (M. Browne /B. James) 7. Resolution No. 22 -R -39 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a second round of hazard pay for employees that continued to provide services during the COVID -19 Pandemic Emergency Declaration period. (M. Browne /J. Walters) 8. Resolution No. 22 -R -40 - Consideration and /action approving a Resolution by the City Council of the City of Schertz, Texas authorizing use of American Rescue Plan. Act funds for the purchase of a new ambulance. (M. Browne /J. Walters) 9. Ordinance No. 22 -S -15 - Consideration and/or action on a request for a Specific Use Permit to allow a convenience store with gas pumps on approximately 2.7 acres of land, more specifically described as the northwest corner of IH -35 and Cibolo Valley Drive, also known as Guadalupe County Property Identification Number 62840, City of Schertz, Guadalupe County, Texas. Final Reading (B. James /L. Wood /M. Harrison) Public Hearings 10. Ordinance No. 22 -S -1.8 - Conduct a public hearing, and consideration and/or action on amendments to Part III, Schertz Code of Ordinances, Unified Development Code (UDC), to Article 9 - Site Design Standards, Section 21.9.9 Tree Preservation and Mitigation, to cap the maximum required tree mitigation. First Reading (B. James /M. Browne) 11. Ordinance No. 22 -S -19 - Conduct a public hearing, and consideration and /or action on amendments to Part III, Schertz Code of Ordinances, Unified Development Code (UDC), to Article 4 subsection 21.4.5 Post Decision Procedures, Article 5 subsection 21.5.2 Zoning Districts Established and 21.5.5 Statement of Purpose and Intent for Residential Districts, Article 8 subsection 21.8.9 Outdoor Display and Storage, Article 9 subsection 21.9. 10 Park and Open Space Dedication Requirements and Article 10 subsection 21.10.2 Parking Standards General Provisions and 21.10.4 Parking Standards Schedule of Offstreet Parking. First Reading (B. James /M. Browne) Roll Call Vote Confirmation Workshop 12. Workshop discussion on the planned road repairs on Old Wiederstein Road (C.Kelm /S. Williams) Closed Session April 12, 2022 City Council Agenda Page 3 13. The City Council will meet in closed session Pursuant to Texas Government Code Sec. 551.071 to consult with its attorney to seek advice about a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act; to wit: discussion about the various Legal Issues involved in the development, review, adoption and amendment of Collection Development Policies for Public Libraries. Reconvene into Regular Session 14. Take any action based on discussions held in Closed Session under Agenda Item 13. Roll Call Vote Confirmation Information available in City Council Packets - NO DISCUSSION TO OCCUR 15. Monthly Update on Major Projects in progress /CIP. (B. James /K. Woodlee) Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff. . Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. • 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 Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 8th DAY OF APRIL 2022 AT 3:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. BRENDA DENNIS I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF April 12, 2022 City Council Agenda Page 4 2022. TITLE: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. 14191 11 0 14iI 4161uluIIaIaWON 7t1I_\0910F.Mid[02051 gel 16 Mayor Gutierrez Councilmember Scagliola — Place 5 Audit Committee Animal Advisory Commission - Alternate Investment Advisory Committee Cibolo Valley Local Government Corporation - Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz - Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember — Place 2 (VACANT) Interview Committee for Boards and Commissions Main Street Committee - Chair Schertz Housing Authority Board TIRZ 11 Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions TIRZ 11 Board TIRZ 11 Board Councilmember Heyward — Place 6 Councilmember Brown — Place 7 Animal Advisory Commission Main Street Committee Audit Committee Schertz- Seguin Local Government Corporation - Alternate Investment Advisory Committee Main Street Committee April 12, 2022 City Council Agenda Page 5 Agenda No. 1. CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Department: City Secretary Minutes — Consideration and /or action regarding the approval of the minutes of Subject: the meeting of Special Pre- Budget Retreat Meeting of March 25, 2022, and minutes of the Regular Meeting of April 5, 2022. (B. Dennis) BACKGROUND The City Council held a Special Meeting on March 25, 2022, and a Regular City Council meeting on April 5, 2022. RECOMMENDATION Recommend Approval. Attachments Draft Minutes 3 -25 ET MINUTES SPECIAL MEETING March 25, 2022 A Special Pre - Budget Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 25, 2022, at 9:00 a.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Present: Mayor Ralph Gutierrez; Mayor Pro -Tem David Scagliola; Councilmember Mark Davis; City Council Place 2 - Vacant; Councilmember Jill Whittaker; Councilmember Michael Dahle; Councilmember Tim Brown Absent: Councilmember Allison Heyward City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Assistant City Manager Charles Kelm; City Staff. Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez; EDC Director Adrian Perez; Finance Director James Walters; Library Director Melissa Uhlhom; City Engineer Kathy Woodlee; GIS Coordinator Tony McFalls; Interim Police Chief Marc Bane; Assistant Fire Chief Greg Rodgers; Public Works Director Suzanne Williams; Director of Planning & Community Development Lesa Wood; Public Affairs Director Linda Klepper; IT Director Myles Clauser; Human Resources & Purchasing Director Jessica Kurz; EMS Director Jason Mabbitt; Parks, Recreation & Community Services Director Lauren Shrum Call to Order (General Comments) Mayor Gutierrez called the Special Pre - Budget Retreat meeting to order at 9:00 a.m. Mayor Gutierrez provided his comments on the importance of today's meeting. Hearing of Residents No one signed up to speak. Discussion and Action Items Pre - Budget Prioritization Process - • Discussion and direction for building the FY 2022 -23 Budget, including but not limited to setting five -year goals for the City and setting priorities for the FY 2022 -23 Budget. Funding all programs needed to accomplish the City Mission, taking into consideration factors such as population growth, tax base development, large time sensitive infrastructure projects, right of way issues, staffing levels and structure, American Rescue Plan funding priorities and process, and prioritizing expanded programs that may be required in the future. (M. Browne /Executive Team) Mayor Gutierrez turned the meeting over to City Manager Dr. Mark Browne who stated that the focus is to get alignment on short-term and long -term (5 year goals) with Staff and Council. Finance Director James Walters provided the following information and explained where we left off last year and what we have this year to work with: Expanded Programs Built into this Scenario for FY 2022 -23 New Personnel - $200,000 Small Equipment - $14,500 Large Equipment /Projects - $55,000 Allocating Excess Funds from Tax Rate Swap to SPAM Program - $400,000 Begin Station #4 Staffing - $300,000 ECI — I%, then slow increments in the out years Next was a break -out dot exercise with Council to place their numbered 1 through 4 dots on the flip chart of items listed below for development of Key City 5 Year Goals, 1 being the highest and 4 least priority • Increase Staffing Levels • Renovate /Reconstruct Existing Facilities • New Facilities (ex. Public Safety Building, Access Points, Fire Station, Parks) • Compensation • Infrastructure • Technology • CIP Planning and Document Development • Expansion of existing services • Funding for Retail Development and Recruiting • Additional staff funding - staff training Dot results for Council were: I. Compensation 2. Infrastructure 3. Renovate /Reconstruct Existing Facilities 4. Staffing Levels 5. CIP Planning and Document Development Staff and Council compared their lists (in no particular order) STAFF Increase Staffing Compensation New /Reconstruction Facilities CIP Planning /Document Development Infrastructure COUNCIL Increase Staffing Compensation Reconstruction of Facilities CIP Pianning/Document Development Infrastructure Discussion occurred that Staff and Council would need to define goals further and bring back the information. Mayor Gutierrez called for a break at 11:39 a.m. Mayor Gutierrez resumed the meeting at 12:19 p.m. Next Discussion FY 2022 -2023 Budget Development Discussion: • Discussion of challenges in level of funding - particularly for expanded programs • New Personnel - $200,000 • Small Equipment - $14,500 • Large Equipment - $55,000 • Limitation of current system on funding recurring items • Can we be more aggressive on revenue projections? • What areas could we do this? What would that look like? How much money would that get us? - Sales tax - increasing from 5% to 7% - would provide an additional $475,000 recurring revenue for FY22/23 • What are the drawbacks to doing this? • Could we be more aggressive on expense projections? What areas could we do this? What would that look like? How much money would that get us? Across the line -item adjustments to match long -term trends - reduce department budgets by 2 %? Would provide additional $750,000 recurring funding (could find 10 positions) What are the drawbacks to doing this? Council discussed and agreed to be more aggressive with sales tax projections and reducing unspent amounts across the board. FY 2022 -2023 Budget Development Discussion • Mid -Year Ready to go projects • The idea is to have a project(s) ready to start on short notice, that can generally be completed during the fiscal year if revenue and expense projections show additional funds are likely to be available. • This is what we did with Elbel. • Develop stretch goals for each area of complete city model at upcoming Policy Team meeting. Council discussed and agreed to this. Action from staff is to develop stretch goals in each area - they will review at a future Policy Team meeting. 5 -Year Forecast FY 2022 -23 Expanded Programs Built into this Scenario for FY 2022 -23 New Personnel - $200,000 Small Equipment - $14,500 Large Equipment/Projects - $55,000 Allocating Excess Funds from Tax Rate Swap to SPAM Program - $400,000 ECI 1 %, then slow increments in the out years 5 -Year Forecast FY 2022 -23 - more aggressive projections and reducing unspent amounts Expanded Programs Built into this Scenario for FY 2022 -23 New Personnel - $950,000 Small Equipment - $14,500 Large Equipment/Projects - $55,000 Allocating Excess Funds from Tax Rate Swap to SPAM Program - $400,000 Begin Station #4 Staffing - $300,000 ECI - 3% upfront, min of 1% each other year Mayor Gutierrez recessed the meeting at 12:19 p.m. for a lunch break. Mayor Gutierrez reconvened the meeting at 12:35 p.m. Icebreaker #2 - Session openers Thumball Activity Members of Council and Staff present participated in the activity - answering the question once the ball was pitched to them where their thumb landed. Establishing FY 2022 -2023 Budget Priorities - Group Exercise Council Group - Mayor Gutierrez, Mayor Pro -Tem Scagliola, Councilmembers Davis, Whittaker, Dahle and Brown Results: 1. Staffing - Public Works, Engineering, Planning and IT 2. Compensation 3. Facilities - Space - Improvement 4. EDC - Retail Recruitment Budget Priority Breakout Council Day - Mixed Groups 1 through 3 Discussion Settling on Budget Priorities Discussion Are there any major disconnects in the budget priority lists? If so, is it a function of information asymmetry or a different vision? Over the next few months, the list will need to be merged. FY 2022 -2023 Budget Development Discussion continued: Discussion on ECI Discussion on Class and Comp Where do we want to be? (percentile wise) How long do we want to take to get there? Increase in Sales Tax Revenue Decrease in Fee Revenues Update on Personnel Budget to Actual Department Year -end projections Any "extra money? What is our bottom line at this moment? Discussion regarding updated Plan Delbt Issuances FM 1518 FS4 EIWM 3009 Safety �Infrastructrure M&O I Tax Rate $25 _. _.. _ 0.3745 0.3745 0..4 0.347 0.3517 0.354 0.3545 0.3645 0.3645 0.3645 0.3 ,645 0.35 11 fr3 63.3 $10 0.25 0.2 0.1376 - 0..1.:5 0-1 0,£I5 $0 C/trftlkit 0 14p —T1 —'..rT99 —?� 1+-, 1.v 1 91 fi.d., Pw5 Pw.t New Annual Funding Discussion 2030's Plan Debt Issuances 7 -7V T 1P Discussion regarding Complete City Model How should the upcoming infrastructure bond allotment plan hedistributed? 8 million in2025 |5 million io2029 "IoDaubuokurc" consists of items such as: Parks (skate park, trail development, ctc] Streets (reconouocdoox, new streets, etoj Facilities (new/remodeled offices, public safety, library branches, courtroom, etc.) Drainage (new drainage choune|e} Sales Taxes -Discussion FY 202Z-2023 Budget Development Discussion: Projecting Increase in Sales Tax Revenue Majority iogo toward GBBAland purchase -$285`0OU Remainder to cover lower fees collections, if they don't pick up (permits, rentals, investments, etc.) Add anything iu from Citizen Survey? Revenue Decreases Discussion 1000000 900000 800000 700000 600000 500GOO 400000 300000 200000 100000 0 As of March 31 Court Rentals hwestments Budget 2021 2021 Actual ■ 2020 Actual Personnel Budget to Actual Discussion *Exactly haftay through the year, personnel has already used up 51% of the budget before merit raises. FY 2021 Budget Performance Discussion 80.00% 70L0% 60.00% 50.0011/0 40,00% 30.00% 20.00% 10.00% 0 00% March 2020 March 2021 Revenue Expenditures Year End Projections Discussions Budgeted Fund Balance Drawdown - $1,633,000 Year End Projected Drawdown - $1,575,000 $58,000 additional for FY 2021-2022 FY 2022-2023 Budget Development discussions: CIP Projects Water/Wastewater Funding 5, FY 20-21: bond funds and general funds ($235,000 recurring and $150,000 one time (for trails)) 0 Pedestrian Bike Routes and Bike Lanes Construction, 0 Great Northern Trail Segment Design and Construction * Veteran's Mernoria Plaza Landscape Renovation a Tlry!emeysr Parking Lor 0 Crescent Bend Entry Improvements 0 Ashley Park Playscape and Pavillion N FY 21-22: $235,000 Proposed Priorities (pending Parks Board Input) 0 Dietz or Northern Trail Section 0 irqlameyer Restroom 0 Crescent Bend Master Plan (to help deal with increase in visitors) 0 Soccer Complex Well and Pumps (moved up based on impact of freeze) R Major Projects 11 Evaluate Wendy Swan Pool Conversion to Splash Pad an Pursue other funding for Hilltop Park (Grants) 0 Consider funding adjustments for current facilities (Rao CenterlSenior Center) Drainage Funding *, FY 19 -20: $487,789; DESIGN: Colonies, Osage, Castle Hills, Desilt three ponds FY 20 -21: $1,472,870 Colonies, usage, Castle Hills, Desilt three ponds, FS 2, Design: Amazon Ditch FY 21 -22: $750,000 Drainage Budget Interfund from Drainage Woodland Oaks Drainage Fee Revenue $1,200,000M Water /Wastewater $144,WO.00 FY22 -23: $650,000 Permit Revenue $ 4,000.00 Eng/CGeneral $285,0®0.00 o FM 78 {Sely's} Interest $ 20,000.00 ' Fleet $ 99,0W.00 Total Drainage Budget $1,224,000.00 $528,000.00 Personnel $ 400,G7G70.00 Whisper Branch/ Whisper Trace Interfund $ 528,000.00 DehtService $ 122,(100.00 is FY 24 -25: $7C.tit,C}f7t} o Buffalo Final Drainage Budget $ 174,000.00 Funded FY 21-22 Programs Community t Building 10 Interior upfit for Parks Vehicle i • Security Gates Deferred Preventative Maintenance — Expanded Program Interior Finishes: $40,000 Flooring (carpets, vinyl, the): $100,000 HVAC Replacement: $751,000 o- • s positions 1 2nd half of g Discussion • , General Projected positions in 20 . Fire Fighters i 1, Adjournment Mayor Gutierrez adjourned the special meeting at 3:30 p.m. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary Agenda No. 2. CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Department: Executive Team Subject: Ordinance No. 22 -T -12 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, amending Chapter 78, Article VII, Roadway Capital Recovery Fees incorporating amended land use assumptions and amended Capital Improvements Plans for such facilities providing for collection of impact fees.Final Reading (M. Browne /B. James) BACKGROUND City staff is proposing to update the City's roadway impact fee to account for newly annexed property. This includes land that had been in the City's Extra Territorial Jurisdiction (ETJ) and was recently annexed at the request of property owners who are anticipating developing the property as well as the property that was released by the City of San Antonio to the northwest of Lookout Road and Doerr Lane that was recently annexed. The goal is to include these properties in the City's roadway impact fee service areas and to designate the thoroughfares in these areas as system roadways. As part of the required process the City had to update its land use assumptions and capital improvements plan. This also results in new maximum assessable fees in each service area, but the city is not proposing to change the actual impact fee per service unit that is currently being charged - $1,000.00 per service unit for residential and $175.00 per service unit for non - residential. The update was prompted by the need to add areas to the City's roadway impact fee service areas which will also add sections of roads as system roadway. The update also factors in the City's participation in the cost of constructing Cibolo Valley Drive from Old Wiederstein to IH -35. As part of the process, the City's consultant had to update the land use assumptions and capital improvements plan, which essentially estimates the cost of constructing these roads to provide additional capacity that will be needed based on new development and divides that cost among new development in the form of the maximum fee per service unit.The areas where the changes are occurring are the land released by the City of San Antonio from their ETJ, generally to the northwest of Lookout Road and Doerr Lane. This also adds the extension of Tejas Way to the roadway CIP. The second area is in the area of Parklands 2 and adds a section of Big John Lane to the roadway CIP. The third area is around Lower Seguin Road to account for the annexation of the Saddlebrook and Carmel Ranch developments and adds sections of Raf Burnett, Lower Seguin Road, a north /south collector and the north /south collector that is the FM 3009 extension. It also includes the actual City Participation cost for Cibolo Valley Drive. While the report results in a new maximum assessable fee per service unit for each service area which is slightly lower in three of the service areas and slightly higher in the other one, these amounts are still above the amounts the City charges. Staff is not proposing a change to the fee amount charged. GOAL Update the City's roadway impact fee program to include recently annexed areas. COMMUNITY BENEFIT Provides funding for the expansion of roadway triggered by new development. SUMMARY OF RECOMMENDED ACTION Staff recommends approval to the City's Roadway Impact Fee program. FISCAL IMPACT This amendment brings property into the City's Roadway Impact Fee Service Areas making them subject to roadway impact fees. It also designates additional sections of roadways as system roads for the purpose of roadway impact fees. RECOMMENDATION Approval of Ordinance 22 -T -12. Attachments legal notice CIAC Minutes Chapter 78 changes redline Ord 22 T 12 Roadway Impact Fees Roadway Impact Fee Update F101 I kT6- T R-8-9 01 LI a 0 us M4 "11, Z I WHEREAS Ch. 395 of the TLGC requires the City Council of the City of Schertz to provide notice of and hold a public hearing to consider whether to update the Land Use Assumptions, Capital Improvement Plan, and Impact Fees for roadway facilities. Section 1. A public hearing of the City Council shall be held on April 5, 2022, at 6:00 PM at City Hall, 1400 Schertz Parkway, Building #4 Schertz, Texas, for the purpose of considering amendments to the Land Use Assumptions, Capital Improvement Plans, and Impact Fees for roadway facilities. Section 2. Notice of the public hearing shall be published in the City's newspaper of record at least 30-days prior to the public hearing date. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a [vart of the judgment and findings of the City Council. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent wi any provision of this Resolution are hereby repealed to the extent of such conflict, and t Li)rovisions of this Resolution shall be and remain controlling as to the matters resolved herein. 1 #4 sin 10111111#900 4 1 a # MEM= MMOM 01 I'll , -in hereby declares that this Resolution would have been enacted without such invalid provision. I M I I I I I I I I I V 'i, I I I III MI � i M 61 - IIII - " I I - this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 55 1, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it �,s so resolved. W�,'Ral' Gutierrez - City Secretary, Brenda Dennis CAPITAL IMPROVEMENTS ADVISORY COMMITTEE MINUTES March 23, 2022 The Schertz Capital Improvement Advisory Committee convened on March 23, 2022 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. Present: Glen Outlaw, Chairman; Ernest Evans, Vice Chairman; Richard Braud, Commissioner; Jimmy Odom, Commissioner; Gordon Rae, Commissioner; Judy Goldick, Commissioner; Roderick Hector, Commissioner; Mark Penshorn, Board Member; Bryan L. Jones, Board Member City Staff: Brian James, Assistant City Manager Kathy Woodlee, City Engineer Daniel Santee, City Attorney Emily Delgado, Senior Planner Megan Harrison, Planner Tiffany Danhof, Administrative Assistant 1. CALL TO ORDER / ROLL CALL THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING Chairman Mr. Outlaw called the meeting to order at 6:00 P.M. 2. SEAT ALTERNATE TO ACT IF REQUIRED No one was seated as the alternate. 3. HEARING OF RESIDENTS This time is set aside for any person who wishes to address the Capital Improvement Advisory Committee. Each person should fill out the Speaker's register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Committee of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Residents who choose to watch the meeting via live stream, but who would like to participate in the Hearing of Residents, should email their comments to the Planning Division, at planning schertz.com by 5.00p.m. on Tuesday, November 16, 2021, so that the Planning Division may read the public comments into the record under the hearing of residents. In the body of the email please include your name, your address, phone number, agenda item number if applicable, or subject of discussion, and your comments. No one spoke. 4. PUBLIC HEARING: A. ZC2022-006 Hold a public hearing, discussion and possible action to approve a recommendation to the City Council regarding an amendment of land use assumptions and a capital improvements plan and imposition of an impact fee. Mr. Eddie Haas with Freese & Nichols provided a presentation. Mr. Outlaw opened the public hearing at 6:16 P.M. No one spoke. Mr. Outlaw closed the public hearing at 6:17 P.M. There was a discussion on: • Minor Amendment to include additional areas based on recent annexations • Impact fee calculations including difference between residential and non-residential • Comparison to bench mark cities • Policy decisions and collection rate • Clarification on land use assumptions • Timing of future Capital Improvement Plan updates • The Roadway Impact Fee calculator on www.schertz.com • Clarification on population study Motioned by Commissioner Jimmy Odom, seconded by Board Member Bryan L. Jones to recommend approval Vote: 9 - 0 Passed 5. ADJOURNMENT OF THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING Chairman Mr. Outlaw adjourned the regular meeting at 7:00 P.M. PART II - CODE OF ORDINANCES Chapter 78 - STREETS AND SIDEWALKS ARTICLE VII. ROADWAY CAPITAL RECOVERY FEES ARTICLE Vll. ROADWAY CAPITAL RECOVERY FEES Sec. 78 -170. Short title. This article be known and cited as the Schertz Roadway Capital Recovery Fees Article. (Ord. No. 18 -M -13, § 1(Exh. A), 3 -27 -2018) Sec. 78 -171. Purpose. This article is intended to ensure the provision of adequate roadway facilities to serve new development in the city by requiring each development to pay its share of the costs of such improvements necessitated by and attributable to such new development. (Ord. No. 18-M-13, § 1(Exh. A), 3 -27 -2018) Sec. 78 -172. Authority. This article is adopted pursuant to V.T.C.A., Local Government Code ch. 395 and the City Charter. The provisions of this article shall not be construed to limit the power of the city to utilize all powers and procedures authorized under V.T.C.A., Local Government Code ch. 395, or other methods authorized under state law or pursuant to other city powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this article. Guidelines may be developed by ordinance, resolution, or otherwise to implement and administer this article. (Ord. No. 18 -M -13 , § 1(Exh. A), 3 -27 -2018) Sec. 78 -173. Definitions. Assessment means the determination of the amount of the maximum capital recovery fee per service unit which can be imposed on new development pursuant to this article. The amount of the capital recovery fee per service unit is a measure of the traffic impact on system facilities created by the new development. Capital improvement means a roadway facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the city (including the city's share of costs for roadways and associated improvements designated as a numbered highway on the official federal or state highway system). "Capital improvement" applies to a newly constructed roadway facility or to the expansion of an existing roadway facility necessary to serve new development. Capital improvements plan for roadway capital recovery fees identifies the capital improvements or facility expansions and associated costs for each roadway service area that are necessitated by and which are attributable to new development within the service area, for a period not to exceed ten years, which capital improvements are to be financed in whole or in part through the imposition of roadway capital recovery fees pursuant to this article. The capital improvements plan for roadway capital recovery fees is set out in the adopted "Schertz Roadway Impact Fee Capital Improvements Plan Final Report" adopted by resolution of the city council, and attached to Ord. No. 18 -M -13 as exhibit B and the 2021 Roadwa Im act F¢v ^e Pm ram Amendment Technical Memorandum attached to Ordinance, 22 -T -12 as ExhiEsit A. Schertz, Texas, Code of Ordinances (Supp. No. 20) Page 1 of 10 Created: 2021 -08 -24 12:49:25 [EST] Capital recovery fee or roadway capital recovery fee (also referred to as roadway impact fee) means a charge or assessment imposed by the city, pursuant to this article, against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development. "Capital recovery fees" or "roadway capital recovery fees" do not include road escrow payments for site - related facilities imposed under facility agreements in existence on the effective date of this article. The term also does not include dedication of rights -of -way or easements or construction or dedication of drainage facilities, streets, sidewalks, or curbs if the dedication or construction is required by the subdivision ordinance and is necessitated by and attributable to the new development. Capital recovery plan or Impact fee plan means the plan that identifies the calculation of the maximum assessable capital recovery fee for each service area based on the adopted capital improvements plan and land use assumptions. The capital recovery plan is set out in the "2017 Schertz Roadway Impact Fee Final Report" and attached to Ord. No. 18 -M -13 as exhibit C_2 €iii the 202:1 Roadway impact Fee Frog ar �n_endme t iechri6£.)I Memorandum attached to Ord. 22 -T -12 as Exhibit A. City means the City of Schertz, Texas. Credit means: (1) When used in the context of determining the maximum assessable capital recovery fee per service unit, an amount equal to: a. That portion of ad valorem tax and utility service revenues generated by new service units during the program period that is used for the payment of improvements, including the payment of debt, that are included in the capital improvements plan; or b. In the alternative, a credit equal to 50 percent of the total projected cost of implementing the capital improvements plan; or (2) When used in the context of determining the offset for system facilities, the amount of the reduction of an capital recovery fee designed to fairly reflect the value of any construction of, contributions to, or dedications of a system facility agreed to or required by the city as a condition of development approval, pursuant to rules herein established or pursuant to city council- approved administrative guidelines which value shall be credited on a vehicle mile basis against roadway facilities capital recovery fees otherwise due from the development and which credits are hereinafter referred to as an "offset" or "offsets" to avoid confusion. Development unit or development units is the expression of the magnitude of the transportation demand created by each land use planned within a particular development and is used to compute the number of service units consumed by each individual land use application. Final plat recordation or recordation of a final plat means the point at which the applicant has complied with all conditions precedent to recording an approved final plat (minor plat or record plat) in the county, including the final completion of and acceptance by the city of any infrastructure or other improvements required by the subdivision ordinance or any other ordinance and the plat is filed for record with the county clerk's office. Land use assumptions means and includes a description of the service areas and the projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the city, as may be amended from time to time, in each service area over a ten -year period upon which the roadway improvements plan is based. The land use assumptions are set out in the adopted document " Schertz Roadway Impact Fee Land Use Assumptions Final Report" adopted by resolution of the city council, and attached to Ord. No. 18 -M -13 as exhibit D and the 2021. Roadway Irnpact I'ee F'roy ra Amendment Technice I (]crnr rzrndum attached to Gird. 22 -T -12 as Exhibit A. Land use vehicle -mile equivalency table or LUVMET is a table that provides the standardized measure of consumption or use of roadway facilities attributable to a new development based on the land use category of the (Supp. No. 20) Page 2 of 10 Created: 2021 -08 -24 12:49:25 [EST] development and historical data and trends applicable to the city during the previous ten years. The LUVMET recognizes and expresses the magnitude of the transportation demand created by different land use categories within a particular development and allow different uses of land to more accurately bear the cost and expense of the impacts generated by such uses. The LUVMET expresses the number of service units consumed by each individual land use application as "vehicle miles (per development unit)." The applicable LUVMET is included by reference as Table 7 of the capital recovery plan. For land use categories with no applicability to those on Table 7, the applicant may petition for the use of an appropriate vehicle -mile equivalent by submitting a trip generation study including trip rates and lengths reflecting specific conditions of the proposed land use and local trip lengths. The study must include enough data to be statistically valid and approval will be at the discretion of the city manager or designee. New development means a project involving the subdivision of land and /or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of the use of land which has the effect of increasing the requirements for capital improvements, measured by an increase in the number of service units to be generated by such activity, and which requires either the approval and filing with the county of a plat pursuant to the city's subdivision ordinance or the issuance of a building permit. Offset or offsets means the amount of the reduction of an capital recovery fee designed to fairly reflect the value of any construction of, contributions to, or dedications of a system facility agreed to or required by the city as a condition of development approval, pursuant to rules herein established, using the values established in the capital recovery plan, or pursuant to city council- approved administrative guidelines which value shall be credited on a vehicle mile basis against roadway facilities capital recovery fees otherwise due from the development. Preliminary plat approval means the point at which the applicant has complied with all conditions of approval and the plat has been approved by the planning and zoning commission. Recoup means to reimburse the city for capital improvements which the city has previously installed or caused to be installed. Roadway means any freeway, expressway or arterial or collector streets or roads designated in the city's adopted master thoroughfare plan, as may be amended from time to time. The term includes the city's share of costs for roadways designated as a numbered highway on the official federal or state highway system. Roadway facility means an improvement or appurtenance to a roadway which includes, but is not limited to, rights -of -way, whether conveyed by deed or easement; intersection improvements; traffic signals; turn lanes; drainage facilities associated with the roadway; street lighting or curbs. "Roadway facility" also includes any improvement or appurtenance to an intersection with a roadway officially enumerated in the federal or state highway system. "Roadway facility" includes the city's share of costs for roadways and associated improvements designated as a numbered highway on the official federal or state highway system, including local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, drainage appurtenances, and rights -of -way. "Roadway facility" excludes those improvements or appurtenances to a roadway which are site - related facilities. Roadway service area or roadway benefits area means the geographic area(s) within the city's corporate limits, which do not exceed six miles and within which geographic area(s) roadway capital recovery fees for capital improvements will be collected for new development occurring within such area, and within which fees so collected will be expended for those capital improvements identified in the capital improvements plan to be located within the roadway service area. "Roadway service area" does not include any land outside the city limits. Roadway service areas are shown on Figure 1 of the 202 Ruadwayinipact_Fee _ i' ogram Amendment M— emorandum that is P_Z rt of the capital recovery plan. Service unit means one vehicle mile of travel in the afternoon peak hour of traffic and is also referred to as a "vehicle mile." (Supp. No. 20) Page 3 of 10 Created: 2021 -08 -24 12:49:25 [EST] Service unit equivalent means the amount of capacity created by contribution of a capital improvement on behalf of a new development, expressed in vehicle miles. Single family residential lot means a lot platted to accommodate a single family or a duplex dwelling unit, as authorized under the city's zoning regulations. Site - related facility means an improvement or facility which is constructed for the primary use or benefit of a new development and /or which is for the primary purpose of safe and adequate provision of roadway facilities to serve the new development and which is not included in the roadway improvements plan and for which the developer or property owner is solely responsible under the subdivision, and /or other applicable, regulations. System facility means a capital improvement which is designated in the capital improvements plan and which is not a site - related facility. A system facility may include a capital improvement which is located off -site, within, or on and along the perimeter of the new development site. (Ord. No. 18 -M -13 , § 1(Exh. A), 3 -27 -2018) Sec. 78 -174. Applicability. The provisions of this article apply to all new developments within the corporate boundaries of the city. The provisions of this article apply uniformly within each roadway benefit area. (Ord. No. 18-M-13, § 1(Exh. A), 3 -27 -2018) Sec. 78 -175. Roadway capital recovery fees per service unit. (a) The maximum assessable capital recovery fee per service unit (post - credit) for any use in each service area platted ran or before April 12. 2022 shall be as calculated and documented in the capital recovery plan as follows: (1) The capital recovery fee per service unit in Service Area 1 is $1,647.53. (2) The capital recovery fee per service unit in Service Area 2 is $1,327.89. (3) The capital recovery fee per service unit in Service Area 3 is $1,044.48. (4) The capital recovery fee per service unit in Service Area 4 is $2,392.72. (b) Them_ aximurn assessable rss>xtai_recovery fee_ )erservice unit_ gas crediQ_forr an _use in each -ser vice area gaiatted_on or 3fter April i3 ?C 22 shall be as calculated and documented in the capital vcovererplan per the 11 (2oa(7way!rnpact Feee P ograln Arncndmen2 Technical Memorandum as follows: 11)The rapjtr l_ recovery _Ec e pc_r service unit in Service Area 1 is_$2 61.1 t_- (??,......._The cr: ital recovery_fPe per scruicc. unit irr Servic Area 2 is 1 ::tl 2 3j-----_ The _c ital_recovery_fef. er_service unit in SE rvice_Ar a 3 is_$1,061.2f . L4J he,ca ital recoverat fee per service, unit in Service Area 4 ps [cl __The assessable capital recovery fee per service unit set forth herein that is assessed to new development, as may be amended from time to time, is declared to be the roughly proportionate measure of the impact(s) generated by a new unit of development on the city's transportation system. To the extent that the capital recovery fee per service unit collected is less than the maximum assessable capital recovery fee per service (Supp. No. 20) Page 4 of 10 Created: 2021 -08 -24 12:49:25 [EST] unit (post credit), as calculated and documented in the capital recovery plan, such difference is hereby declared to be founded on policies unrelated to the measurement of the actual impacts of the development on the city's transportation system. The maximum assessable capital recovery fee per service unit may be used in evaluating any claim by an applicant, developer, or property owner that the dedication, construction, or contribution of a capital improvement imposed as a condition of development approval pursuant to the city's regulations is not roughly proportionate to the impact(s) of the new development on the city's transportation system. (Ord. No. 18 -M -13, § 1(Exh. A), 3 -27 -2018) Sec. 78 -176. Assessment of capital recovery fees. (a) Assessment of the capital recovery fee per service unit for any new development shall be made as follows: (1) Assessment of capital recovery fee shall be made at the time of recordation of a final plat and shall be the amount of the maximum assessable capital recovery fee per service unit. (2) Development on a lot for which a final plat has been recorded prior to the effective date of this article (March 27, 2018) shall not be charged a capital recovery fee for any complete building permit application submitted within 18 months from the effective date of this article (September 27, 2019). (3) Development on a lot for which a preliminary plat was approved prior to the effective date of this article (March 27, 2018) shall not be charged a capital recovery fee for any complete building permit application submitted within one year from the effective date of this article (March 27, 2019). (4) Any other development will be charged a capital recovery fee for a complete building permit application submitted after the date of adoption of the ordinance (March 27, 2018). (b) Following assessment of the capital recovery fee pursuant to subsection (a), the amount of the capital recovery fee assessed per service unit for that new development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval or replat approval, in which case new assessment shall occur at the maximum assessable, applicable rate then in effect. (c) Following the vacating of any plat or submittal of any replat, a new assessment must be made in accordance with section 78 -175. (d) Approval of an amending plat pursuant to Texas Local Government Code § 212.016 and the UDC is not subject to reassessment of a capital recovery fee hereunder provided that the use of the property remains the same. (Ord. No. 18 -M -13 , § 1(Exh. A), 3 -27 -2018) Sec. 78 -177. Payment and collection of capital recovery fees. (a) For all new developments, capital recovery fees shall be collected at the time of application for and in conjunction with the issuance of a building permit. The capital recovery fees to be paid and collected are as follows: (1) The capital recovery fee per service unit for residential use shall be $600.00 beginning the effective date of this article (March 27, 2018) until the last day of the second year from the effective date of this article (March 26, 2020). (Supp. No. 20) Page 5 of 10 Created: 2021 -08 -24 12:49:25 [EST] (2) The capital recovery fee per service unit for residential use shall be $800.00 beginning on the first day of the third year from the effective date of this article (March 27, 2020) and continuing until the last day of the third year from the effective date of this article (March 26, 2021). (3) The capital recovery fee per service unit for residential use shall be $900.00 beginning on the first day of the fourth year from the effective date of this article (March 27, 2021) and continuing until the last day of the fourth year from the effective date of this article (March 26, 2022). (4) The capital recovery fee per service unit for residential use shall be $1,000.00 beginning on the first day of the fifth year from the effective date of this article (March 27, 2022) and continuing until a new rate is adopted. (b) The capital recovery fee per service unit for nonresidential use for all roadway service areas shall be as follows: (1) The capital recovery fee per service unit for nonresidential use shall be $100.00 beginning the effective date of this article (March 27, 2018) until the last day of the third year from the effective date of this article (March 26, 2021). (2) The capital recovery fee per service unit for nonresidential use shall be $175.00 beginning on the first day of the fourth year from the effective date of this article (March 27, 2021) and continuing until a new rate is adopted. (c) The city reserves the right to enter into an agreement with a developer for a different time and manner of payment of capital recovery fees in which case the agreement shall determine the time and manner of payment. (d) The city shall compute the capital recovery fees to be paid and collected for the new development in the following manner: (1) Determine the number of development units for each land use category in the new development using Table 7 of the capital recovery plan. (2) Multiply the number of development units for each land use category in the new development by the vehicle miles (per development unit) for each such land use category also found in Table 7 of the capital recovery plan to determine the number of service units attributable to the new development. (3) If an offset agreement providing for offsets and credits against capital recovery fees exists, the number of service units attributable to the new development shall be reduced by subtracting available service unit equivalents as provided in section 78 -178. If adequate service unit equivalents for offsets and credits are available in an amount equal to or greater than the number of service units generated (required) by this new development, no fee is paid, but the pool of available service unit equivalents shall be reduced accordingly. (4) The amount of capital recovery fees to be collected shall be determined by multiplying the number of service units for the new development by the applicable capital recovery fee per service unit identified herein and shall be calculated at the time of application for and in conjunction with the issuance of a building permit. (e) If the building permit for which a capital recovery fee has been paid has expired, and a new application is thereafter filed, the capital recovery fees shall be computed using the LUVMET and the applicable capital recovery fee per service unit identified herein with credits for previous payment of fees being applied against any new fees due. (f) Whenever the property owner proposes to increase the number of service units for a development, the additional capital recovery fees collected for such new service units shall be determined by using the (Supp. No. 20) Page 6 of 10 Created: 2021 -08 -24 12:49:25 [EST] LUVMET and applicable fee per service unit identified herein, and such additional fees shall be collected at the times prescribed by this section. (Ord. No. 18 -M -13 , § 1(Exh. A), 3 -27 -2018) Sec. 78 -178. Offsets and credits against capital recovery fees. (a) The city shall offset the reasonable value of any system facility which has been dedicated to and has been accepted by the city no more than 18 months prior to the effective date of this article (September 27, 2016), or offset the amount of any contributions to such facility, against the amount of the roadway capital recovery fees due, in accordance with the rules set forth in this section. The value of an offset must be stated in service units. (b) This subsection applies only to an offset associated with a capital improvement on the capital improvement plan contributed to the city no more than 18 months prior to the effective date of this article (September 27, 2016). (1) For purposes of this subsection (b), an offset associated with a capital improvement on the roadway improvement plan contributed to the city no more than 18 months prior to the effective date of this article (September 27, 2016) is created at the time that the city accepts the system facility for dedication or as may be otherwise stipulated in a binding agreement for the facility pursuant to the city's subdivision regulations. (2) At the time the offset is created, if no offset agreement exists, the developer shall apply for an offset agreement, and the agreement thereafter shall be enforced in accordance with the following terms, providing: a. Identification of the plat with which the offset is to be associated; b. The amount of the capacity created by the system facility, expressed in service unit equivalents; C. A provision stating that the offset may be used to reduce capital recovery fees imposed on new developments contained within the land subject to the associated plat after the effective date of the agreement; and d. A provision that the amount of the offset shall be determined by estimating the number of service unit equivalents of capacity supplied by the system facility (as set forth in the capital recovery plan), reduced by: 1. The number of service units developed within the plat since the contribution of the system facility, using the LUVMET; 2. The amount of the city's participation in the excess costs of the system facility (expressed in service unit equivalents); and 3. The amount of any payments received from other new developments utilizing the system facility (expressed in service unit equivalents); and e. A provision for reimbursement of any unused offsets consistent with subsection (b)(4) of this section. f. A provision stating that in those instances where the city determines the unique characteristics of a roadway segment (such as drainage, topography, easements required, absence of roadway segments remaining in service area) and the projected cost to construct a section of roadway is not roughly proportionate to the dollar value of the vehicle mile credits which may be awarded for that roadway section, the city may consider, upon request of the developer, awarding capital recovery fee offsets based upon the developer's verified, actual costs of said roadway section. (Supp. No. 20) Page 7 of 10 Created: 2021 -08 -24 12:49:25 [EST] The developer may assign the offset agreement with the city's consent, but in no event shall the offsets provided for in the agreement be transferred to any development not subject to the plat associated with such offsets. (3) The developer may petition the city council for offsets for contribution of a capital improvement, including road right -of -way, which is not identified in the capital improvements plan, if the improvement will supply capacity to new developments other than to the development seeking the offset, at the time the facility is accepted by the city or a binding facilities agreement for the facility is executed pursuant to the city's subdivision regulations. If the petition is granted, the terms shall be incorporated into an offset agreement as provided in subsection (b)(2) hereof. The agreement shall also provide that the amount of the offset shall not exceed the capacity of the capital improvement that is estimated to be provided. (4) As provided in the offset agreement required by subsection (b)(2), hereof, the developer may apply for reimbursement of excess offsets following either completion of all development subject to the plat with which the offsets are associated or after ten years following execution of the offset agreement. The following rules apply to such reimbursement, and shall be incorporated into the offset agreement. a. The developer must apply for reimbursement within six months following either: 1. Completion of all development subject to the plat with which the offsets are associated; or 2. Ten years after the date of execution of the offset agreement. b. The following terms shall be incorporated into the reimbursement agreement and the agreement shall be enforced in accordance with such terms: 1. A provision stating that the amount to be reimbursed shall be equal to the number of unused offsets (expressed as a number of service units) multiplied by a fraction equal to the capital recovery fee per service unit to be collected, as set forth herein in effect on the date of execution of the offset agreement, divided by the maximum assessable capital recovery fee per service unit, as set forth herein and in the capital recovery plan in effect on the date of execution of the offset agreement; 2. A provision stating that the amount to be reimbursed may be further equitably reduced, if fewer than 50 percent of the number of service units in the plat with which the system facility giving rise to the offset have been developed on the date of application for reimbursement; 3. A provision stating that repayment shall be made within five years from the date of execution of the reimbursement agreement, from roadway capital recovery fees collected within the same roadway service area in which the property in question is located, subject to the availability of such funds; 4. A provision that termination or reduction of the city's authority under state law to impose capital recovery fees for roadway facilities shall terminate or correspondingly reduce any obligation of the city to make payments under the offset agreement; and 5. A provision stating that, in converting the offsets from service unit equivalents to a dollar value, the number of service unit equivalents shall be multiplied by the value of a service unit expressed in dollars using the rates set forth herein in effect at the time the offset agreement was executed. C. Execution of a reimbursement agreement shall automatically terminate any offsets associated with a plat pursuant to an offset agreement. Thereafter, new development within the area subject to the plat shall pay roadway capital recovery fees in accordance with schedule 1 then in effect. (Supp. No. 20) Page 8 of 10 Created: 2021 -08 -24 12:49:25 [EST] (Ord. No. 18 -M -13 , § 1(Exh. A), 3 -27 -2018) Sec. 78 -179. Use of proceeds of roadway capital recovery fees. (a) The capital recovery fees collected within each roadway benefit area may be used to finance, pay for or to recoup the costs of any roadway facility identified in the capital improvements plan for the roadway benefit area, including the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees), and amounts designated in any reimbursement agreements executed pursuant to this article. (b) Capital recovery fees may be used to pay for the contract services of an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the political subdivision. (c) Capital recovery fees also may be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvement. (Ord. No. 18 -M -13 , § 1(Exh. A), 3 -27 -2018) Sec. 78 -180. Appeals. (a) The property owner or applicant for a new development may appeal the following administrative decisions to the city council: (1) The applicability of a capital recovery fee to the new development; (2) The amount of the capital recovery fee due; (3) The availability of, the amount of, or the expiration of an offset or a credit; (4) The application of an offset against a capital recovery fee due; (5) The amount of the capital recovery fee in proportion to the benefit received by the new development; or (6) The amount of a refund due, if any. (b) The appellant shall state the basis for the appeal in writing with particularity. The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the offset was not calculated according to the rules set forth in this article or by administrative guideline adopted by the city council. The appellant shall submit any traffic study or other documents upon which he relies to the city with the request for appeal. (c) The appellant must file a notice of appeal with the city secretary within 30 days following the decision. If the notice of appeal is accompanied by a bond or other sufficient surety with offices for local presentment in a form satisfactory to the city attorney in an amount equal to the original determination of the capital recovery fee due, the development application may be processed while the appeal is pending. (d) The appellant shall promptly pay to the city the full amount of the capital recovery fee determined to be due by the city council regarding such appeal. Failure to promptly pay such capital recovery fee within five business days after the city council's determination on the appeal shall serve as authority for the city to present the bond or other surety to the bonding company or financial institution for performance with no other or further notice or contact with the appellant. (Ord. No. 18 -M -13 , § 1(Exh. A), 3 -27 -2018) (Supp. No. 20) Page 9 of 10 Created: 2021 -08 -24 12:49:25 [EST] Sec. 78 -181. Refunds. (a) Any capital recovery fee or portion thereof collected pursuant to this article which has not been expended within the applicable roadway service area for an authorized purpose within ten years from the date of payment shall be refunded, upon application, to the record owner of the property at the time the refund is paid or, if the capital recovery fee, was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in the Texas Finance Code § 302.002 of or its successor statute. The application for refund pursuant to this section shall be submitted in writing within 60 days after the expiration of the ten -year period for expenditure of the fee. A capital recovery fee shall be considered expended on a first -in, first -out basis. (b) A capital recovery fee collected pursuant to this article shall be considered expended if the total expenditures for capital improvements authorized in this article within the roadway service area within ten years following the date of payment exceed the total fees collected for such improvements during that time period. (c) If a refund is due pursuant to subsections (a) or (b), the city shall prorate the refund by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the roadway service area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the new development for which the fee was paid, and interest due shall be calculated upon that amount. (d) If the building permit for a new development for which a capital recovery fee has been paid has expired and a modified or new application has not been filed within six months of such expiration, the city shall, upon written application, refund the amount of the capital recovery fee to the applicant. The city may establish guidelines for refunding of capital recovery fees collected for which construction plans have been abandoned. (Ord. No. 18 -M -13 , § 1(Exh. A), 3 -27 -2018) Sec. 78 -182. Relief procedures. (a) Any person who has paid a capital recovery fee or an owner of land upon which an capital recovery fee has been paid may petition the city council to determine whether any duty required by this article has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within 60 days of the request. If the city council determines that the duty is required, pursuant to the ordinance and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion. (b) The city council may grant a variance or waiver from any requirement of this article, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, and only upon finding that a strict application of such requirement would when regarded as a whole result in confiscation of the property. (c) If the city council grants a variance or waiver to the amount of the capital recovery fee due for a new development under this section, it may cause to be appropriated from other city funds the amount of the reduction in the capital recovery fee to the account, for the roadway benefit area, in which the property is located. (Ord. No. 18 -M -13 , § 1(Exh. A), 3 -27 -2018) (Supp. No. 20) Page 10 of 10 Created: 2021 -08 -24 12:49:25 [EST] 1111 1 1 Section 1. The Code of Ordinances of the City of Schertz is hereby amended by amending Chapter 78 Article VII Roadway Capital Recovery Fees as set forth in Exhibit A and incorporated herein by reference. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part • the judgment and findings of the Council. Section 3. All ordinances and codes, or it thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions • this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws *f the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application • such proon to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. vection 6. It is officially found, determined, and declared that the meeting at which this *rdinance is adopted was open to the public and public notice of the time, place, and iubject matter of the public business to be considered at such meeting, including thio *Tdinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED, APPROVED and ADOPTED ON SECOND READING, the 12 1h day of April, 2022. Ralph Gutierrez, Mayor i M k YA = N IN I WA F0.3 tgg -11 EXHIBIT A: Code Amendment EXHIBIT B: 2021 Roadway Impact Fee Program Amendment Technical Memorandum i PART 11 - CODE OF ORDINANCES Chapter 78 - STREETS AND SIDEWALKS ARTICLE VII. ROADWAY CAPITAL RECOVERY FEES 1 11 111 IN IF 1!! 111111101 ;1111 11 1 111 M 1 I ML�'M 1209M This article is intended to ensure the provision of adequate roadway facilities to serve new development ir the city by requiring each development to pay its share of the costs of such improvements necessitated by and attributable to such new development. 11MMEM This article is adopted pursuant to V.T.C.A., Local Government Code ch. 395 and the City Charter. The provisions • this article shall not be construed to limit the power of the city to utilize all powers and procedures authorized under V.T.C.A., Local Government Code ch. 395, or other methods authorized under state law or Iursuant to other cit owers to accomilish the purwes set forth herein, either in substitution or in coniunction U111.11 1.111b di LILAU. %a, this article. a 6 • Capital improvement means a roadway facility with a life expectancy ♦ three • more years, to be owned and operated by or on behalf of the city (including the city's share of costs for roadways and associated improvements designated as a numbered highway on the official federal or state highway system). "Capital necessary to serve new development. Schertz, Texas, Code of ordinances Created: 2021-08-24 12:49:25 [EST] (Supp. No. 20) 59-MMIM, Capital recovery plan or Impactfee plan means the plan that identifies the calculation of the maximum assumptions. The capital recovery plan is set out in the "2017 Schertz Roadway Impact Fee Final Report" and attached to Ord. No. 18-M-13 as exhibit C and the 2021 Roadway Impact Fee Program Amendment Technical Memorandum attached to Ord. 22-T-12 as Exhibit A. Development unit • development units is the expression • the magnitude of the transportation demand created by each land use planned within a particular development and is used to compute the number of service units consumed by each individual land use application. Final plot recordation • recordation of afinalplat means the point at which the applicant has complied with Land use assumptions means and includes a description of the service areas and the projections • .A,opulation and employment growth and associated changes in land uses, densities and intensities adopted by the city, as may be amended from time to time, in each service area over a ten-year period upon which the roadway improvements plan is based. The land use assumptions are set out in the adopted document "Schertz Roadway I tilu'l L I .,?rtd ?ttac'ied w-ord—lia- T&U - 1 0 a --, t 11.1.11 Ord. 22-T-12 as Exhibit A. Created: 2021-08-24 12:49:25 [EST] (Supp. No. 20) Mitir-Mal-v tr4r.-InTeIRRIMMI 1TWI-J-61FRIDIMINVI fiTAM-10 Preliminary plot approval means the point at which the applicant has complied with all conditions (Me approval and the plat has been approved by the planning and zoning commission. I Recoup means to reimburse the city for capital improvements which the city has previously installed or caused to be installed. Roadway means any freeway, expressway or arterial or collector streets or roads designated i n the city' Service unit means one vehicle mile • travel in the afternoon peak hour of traffic and is also referred • as 2 "vehicle mile." Mr-1-39MM Created: 2021-08-24 12:49:25 [EST] Service unit equivalent means the amount of capacity created by contribution of a capital improvement on Mehalf • a new development, expressed in vehicle miles. Single family residential lot means a lot platted to accommodate a single family or a duplex dwelling unit, authorized under the city's zoning regulations. i Site-relatedfocility means an improvement or facility which is constructed for the primary use or benefit of,? new development and/or which is for the primary purpose of safe and adequate provision of roadway facilities to serve the new development and which is not included in the roadway improvements plan and for which the developer • property owner is solely responsible under the subdivision, and/or other applicable, regulations. Systernfacility means a capital improvement which is designated in the capital improvements plan and which t_2 &[t �-2 te i f 2 ciffity—A syste,f 2 cift" 2yJx_chj&e 7 c 2 pit 7 lLW*r+ve_jwej1Aw_W_ �j_�Id • and along the perimeter of the new development site. I The provisions of this article apply to all new developments within the corporate boundaries of the city. The t1rovisions of this article apply uniformly within each roadway benefit area. I ,a) The maximum assessable capital recovery fee per service unit (post-credit) for any use in each service area platted on • before April 12, 2022 shall be as calculated and documented in the capital recovery plan as follows: (b) The maximum assessable capital recovery fee per service unit (post-credit) for any use in each service area platted on or after April 13, 2022 shall be as calculated and documented in the capital recovery plan per the 2021 Roadway Impact Fee Program Amendment Technical Memorandum as follows: (1) The capital recovery fee per service unit in Service Area 1 is $1,614.54. (2) The capital recovery fee per service unit in Service Area 2 is $1,350.25. (c) The assessable capital recovery fee per service unit set forth herein that is assessed to new development, as may be amended from time to time, is declared to be the roughly proportionate measure of the impact(s) generated by a new unit • development • the city's transportation system. To the extent that the capital recovery fee per service unit collected is less than the maximum assessable capital recovery fee per service Created: 2021-08-24 12:49:25 [EST] (Supp. No. 20) MMUM, ZEMM N-101:10 I 1[ 111111 k§ M 9K I IVA IM-YAW I ZITV4 (b) Following assessment • the capital recovery fee pursuant to subsection (a), the amount • the capital recovery fee assessed per service unit for that new development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval or replat approval, in which case new assessment shall occur at the maximum assessable, applicable rate then in effect. (c) Following the vacating of any plat or submittal of any replat, a new assessment must be made in accordance \Yitl I section 78-175. (d) Approval • an amending plat pursuant to Texas Local Government Code § 212.016 and the UDC is not subject to reassessment of a capital recovery fee hereunder provided that the use of the property remains the same. MERNEM IBM= 'a) For all new developments, capital recovery fees shall be collected at the time of application for and in conjunction with the issuance of a building permit. The capital recovery fees to be paid and collected are as follows: (1) The capital recovery fee per service unit for residential use shall be $600.00 beginning the effective date • this article (March 27, 2018) until the last day of the second year from the effective date of this article (March 26, 2020). Created: 2021-08-24 12:49:25 [EST] (b) The capital recovery fee per service unit for nonresidential use for all roadway service areas shall be as follows: (1) The capital recovery fee per service unit for nonresidential use shall be $100.00 beginning the effective date • this article (March 27, 2018) until the last day of the third year from the effective date of this article (March 26, 2021). (2) The capital recovery fee per service unit for nonresidential use shall be $175.00 beginning on the first day • the fourth year from the effective date of this article (March 27, 2021) and continuing until a new rate is adopted. R, 01 re re ra 7- in V F, ff 91 TOT 11-7. 1 M. MIUM.- (3) if an offset agreement providing for offsets and credits against capital recovery fees exists, the number of service units attributable to the new development shall be reduced by subtracting available service unit equivalents as provided in section 78-178. If adequate service unit equivalents for offsets and credits are available in an amount equal to or greater than the number of service units generated (required) • this new development, no fee is paid, but the pool • available service unit equivalents shall be reduced accordingly. (4) The amount of capital recovery fees to be collected shall be determined by multiplying the number of service units for the new development by the applicable capital recovery fee per service unit identified herein and shall be calculated at the time of application for and in conjunction with the issuance of a building permit. Created: 2021-08-24 12:49:25 [EST] (Sapp. No. 20) • M LUVMET and applicable fee per service unit identified herein, and such additional fees shall be collected at the times prescribed by this section. (a) The city shall offset the reasonable value of any system facility which has been dedicated to and has been accepted by the city no more than 18 months prior to the effective date of this article (September 27, 2016), or offset the amount of any contributions to such facility, against the amount of the roadway capital recovery fees due, in accordance with the rules set forth in this section. The value of an offset must be stakt-I i i service-wtits. M (b) This subsection applies only to an offset associated with a capital improvement • the capital improvement plan contributed to the city no more than 18 months prior to the effective date of this article (September 27, 2016). (1) For purposes of this subsection (b), an offset associated with a capital improvement on the roadway improvement plan contributed to the city no more than 18 months prior to the effective date of this article (September 27, 2016) is created at the time that the city accepts the system facility for dedication • as may be otherwise stipulated in a binding agreement for the facility pursuant to the city's subdivision regulations. (2) At the time the offset is created, if no offset agreement exists, the developer shall apply for an offset agreement, and the agreement thereafter shall be enforced in accordance with the following terms, providing: a roadway segment (such as drainage, topography, easements required, absence of roadway segments remaining in service area) and the projected cost to construct a section • roadway is not roughly proportionate to the dollar value of the vehicle mile credits which may be awarded EMUM Created: 2021-08-24 12:49:25 [EST] 1. A provision stating that the amount to be reimbursed shall be equal to the number of unused offsets (expressed as a number of service units) multiplied by a fraction equal to the capital recovery fee per service unit to be collected, as set forth herein in effect • the date of execution of the offset agreement, divided by the maximum assessable c�pital recovery fee per service unit, as set forth herein and in the capital recovery plan in effect • the date of execution • the offset agreement; 2. A provision stating that the amount to be reimbursed may be further equitably reduced, if fewer than 50 percent of the number • service units in the plat with which the system facility giving rise to the offset have been developed on the date of application for reimbursement; C. A provision stating that repayment shall be made within five years from the date of execution of the reimbursement agreement, from roadway capital recovery fees collected within the same roadway service area in which the property in question is located, subject • the availability of such funds; C A provision that termination or reduction of the city's authority under state law to impose- capital recovery fees for roadway facilities shall terminate • correspondingly reduce any obligation of the city to make payments under the offset agreement; and 5. A provision stating that, in converting the offsets from service unit equivalents to a doll value, the number • service unit equivalents shall be multiplied • the value of a servi unit expressed in dollars using the rates set forth herein in effect at the time the offset agreement was executed. I C. Execution of a reimbursement agreement shall automatically terminate any offsets associated with a plat pursuant to an offset agreement. Thereafter new development within the area subject to the plat shall pay roadway capital recovery fees in accordance with schedule 1 then in effect. •• • i 00= Created: 2021-08-24 12:49:25 [EST] (a) The property owner or applicant for a new development may appeal the following administrative decisions to the city council. Created: 2021-08-24 12:49:25 [EST] (Supp. No. 20) RTAEFIMTW�� (c) If a refund is due pursuant to subsections (a) or (b), the city shall prorate the refund by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the roadway service area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service unitsfor the new development for which the fee was paid, and interest due shall be calculated upon that amount. (d) If the building permit for a new development for which a capital recovery fee has been paid has expired anii a modified or new application has not been filed within six months of such expiration, the city shall, upon written application, refund the amount of the capital recovery fee to the applicant. The city may establish guidelines for refunding of capital recovery fees collected for which construction plans have been abandoned. 11092M W-33-CM -M Created: 2021-09-24 12:49:25 [EST] i Table of Contents Methodology-mm ,1 Service Areas.. 2 Land Use Assumptions 2 Projected Vehicle-Miles of New Demand 4 Capital Improvements Plan - - -. 5 Eligible Projects 5 Eligible Costs 5 Capital Improvements Plan _6 Projected Vehicle-Miles Capacity Available for New Growth 9 Cost of Roadway Improvements 10 Calculation of Impact Fees . _ 11 Cost Attributable to New Development 11 Credit Analysis __ 12 Cost per Service Unit..... 12 Appendix A: Roadway Improvement Plan Projects 16 Appendix : Roadway improvement Plan Cost Analysis 20 Appendix C: Roadway Service Area Analysis Summary 24 .T ne anafyses will Tocus on tnese service areas wIn Nocumentation or an service areas jocatea in the Appendices. As part of the impact fee update, FNI conducted meetings with the city's Capital Improvements h4visow Cogigiliftee (CLOD. Cixi St.?.ff..-%%W. tce Ci�iy_ Co OC's role i-ticluded rj--Jieuf;2,j4 WJ I - - and comments to the City Council. To update the roadway impact fee program, a series of work tasks were undertaken and are described below. 2021 Schertz Roadway Impact Fee Study Update 1 `.r.r r. r rr. Table 1. Initial Irripact Fee Population Projections Source: 2017 Schertz Roadway Impact Fee Study Table 2: Initial, Impact Fee Employment Projections source: /U.L / Z)cnertz Koactway impact Fee study P r o,,e ct j ,,,ed Vehicile-Miles of New Dennand V-77TETTEM'Me 7M =F-7 =ej M 771rcurt In er rasea-un nis nerp—opuiation anct employmenj growth forecasted to occur over the 10-year planning period and the service unit generation for each of the population and employment data components. These values were retained from the 2017 Impact Fee Study, as summarized in Table 3. 2021 Schertz Roadway Impact Fee Study Update 4 Table 3. Impact Fee 10-Year Projected Sey,,%rice Unit Growth 9", P - - kaff-71WHA M thoroughfare network. Projects incorporated into the impact fee program are rooted in the city's official Thoroughfare Plan. Eligible Projects Eligible Cmitts Only the cost necessitated by new development will be utilized for impact fee consideration. For example, if only •0% of the capacity provided by the impact fee CIP is needed over the ten-year window, then only •0% of the cost associated with those facilities is considered in the cost per service unit calculation. 2021 Schertz Roadway Impact Fee Study Update 5 Capital Irnprovements Plan Traale 4 IMP Pt',oject Additions /Modifi cations; 2021 Update 1 25B/C Big John Lane Eckhardt City Limits New 0.06 2 Residential Collector Comment Incorporafion of Parklands IlAddiffon. 1 25C Big John Lane City Limits Eastern City Limits New 0.68 2 Residential Collector Comment Inconoorafforr of'Parldands It Addition 1 27 WS Connector(1) /Cibolo Valley IH 35 Old Wiederstein Rd New 0.55 4 Secondary Arterial Comment Amended project cost of$ I 3Mper Development Agreement On Cibolo ValleyDnve. 2 36A ElW Connector (Wejas Way W City Limits Doerr Lane Now 0.65 3 Commercial Collector A Comment Annexation orproperly and incoportlon offhonaughtere, extension 3/X 51 RAF - Bumette Schaefer Rd E City Limits Now 0.55 4 Secondary Arterial Comment Annexation ofSadlebrook Addition 3 54A Lower Seguin Rd W of Canopy Bend E City Limits New 1.08 4 Secondary Arterial Comment Annexation ofSadlebrook Addition 3 54B Lower Seguin Rd W of Canopy Bend E City Limits New 0.23 4 Secondary Arterial Comment Annexation ofSadlebrook Addition 3 55 WS Connector (3) S. of SchaeferiRafBumette Lower Seguin Rd New 0.66 4 Principal Arterial Comment Annexation ofSadlebnook Addition 3 57B WS Connector (4) Lower Seguin Rd 8 City Urnit/Camnel Ranch New 0.24 2 Residential Collector 2021 Schertz Roadway Impact Fee Study Update 6 �l - '�.r �. -- r ��. . Table S. IMP Project Listing U30000= Project Length No. Of Type Pct. In lrn qW.. 1 .1n L... Rdw S- A. 1 1 FM 2252 IH 35 FM 482 New 0.32 4 1 2 FM 2252 FM 482 Railroad Tracks New 0,64 4 1/X 3 FM 2252 Railroad Tracks N City Limits New 0.22 4 112 4 WS Connector (1) IH 35 Railroad Tracks New 1.25 4 1 5 ENV Connector (1) WS Connector (1) FM 2252 I*W 0.99 4 1 6 EM/ Connector (2) WS Connector (1) FM 2252 New 0.99 2 1 7 FM 482 FM 2252 Huberius Rd New 1.05 4 1 8 FM 482 Hubertus Rd Railroad Tracks Ww 1.00 4 1 9 FM 482 800'W of Friesenhahn Friesenhahn Ln New 0.15 4 1/X 10 FM 482 Friesenhahn Ln Schwab Rd New 0.59 4 1 11 FM 482 Schwab Rd E City Limits New 1.20 4 1 12 Hubertus Rd IH 35 FM 482 New 0.57 4 1 13 Hubertus Rd FM 482 N City Limits New 0.30 4 1 14 Fdesenhahn Ln IH 35 FM 482 New 0.72 3 1 15 Schwab Rd IH 35 FM 4132 New 0.63 6 1 16 ENV Connector (3) Hubertus Rd DmAd Lack Blvd New 1.59 3 1 17A Eckhardt Rd Froboese Ln Green Valley Rd New 1.11 2 1 18 Schwab RA I 35 S City Limits New 1.14 4 1 19 Froboese Ln Schwab Rd Eckhardt Rd New 0.57 2 1 20 Froboese Ln 2209 E of Eckhardt E City Limits New 0.26 2 1 21 Green Valley Rd W city Units E City Limits New 0.87 4 1 22 Homestead Pkwy End Ex Homestead Pkwy S City Limits New 0.33 2 1 23 Country Club Bhd Scenic Links S City Limits New 0.35 2 1 24 EfW Connector (4) Country Club BKd Homestead Pkwy New 0.77 2 1 25A ENV Connector (4) Schwab Rd Eckhardt Rd New 0.45 2 11X 258 Big John Lane Eckhardt Rd City Lirrits, New 0.05 2 25C E(W Connector (4) City Limits E. City Limits New 0.68 2 1 26 FM 1103 IH 35 Cid Wiederstein Rd New 0.70 4 1 27 NIS Conn (lyCibolo Valley 11-135 Old Wiederslein Rd New 0.55 4 1 28 WS Connector (2) IH 35 CMd Wiederstein Rd New 0,73 4 1 29 ENV Connector (5) WS Connector (1) FM 1103 New 2.00 2 1l/X - 30 - _QAWiederskpjQ-Rq WS Connector 41Y Cherry Tree Dr New 22.17 4 Sub-total SA 1 24.96 2 31 Doerr Ln N City Limits Lookout Rd New 0.91 3 2/1 4 WS Connector (1) 11135 Railroad Tracks New 1.25 4 2 32 E1W Connector (2) FM 3009 WS Connector (1) New 0.81 2 2 33 EAA1 Connector (6) FM 3009 WS Connector (1) New 0.81 2 2 34 Mid-Cities Pkvq IH 35 FM 3009 New 0.98 3 2 35 ENV Connector (1) FM 3009 WS Connector (1) New 0.81 4 2 36 ENV Conn. (7)fTejas Way W City Limits Doerr Ln Recoup 0.65 3 2 36A Tejas Way E)dsfing Tejas Way UP RR/City Limit New 0.52 3 2 37 Lookout Rd Tri-County, Pkwy Schertz P" New 0.74 3 2 38 Four Oaks Ln End of Ex.Four Oaks Ln WS Connector (1) New 0.54 3 2 39 Wiederstein Rd E City Limits FM 3009 New 0.64 4 2 40 Wiederstein Rd Schertz Pkwy W City Limits New 0.41 2 2 41 Baptist Health Dr Rpp&Xreuslar Wiederstein Rd New 0.27 3 2 42 Ripps-Kreusler Baptist Health Dr End of Ripps Kreusler New 0.22 3 2 43 Maske Rd FM 1518 Oak St New 0.54 3 2 44 Maske Rd Realignment Oak St Schertz Pkwy New 0,88 2 2 45 FM 1518/Main St Maske Rd Oak St New 1.30 3 2 46 FM 1518 N City Limits SA 3 Urnit New 0.36 6 213 47 FM 1518 SA 3 Limit Schertz Pkwy EA. New 0.39 6 2 - 48 - FM 78/John Peterson Blvd W City Units E City Limits hew 11.81 6 Sub-total SA 2 14.86 2021 Schertz Roadway Impact Fee Study Update r. r. r. r. 100% 100% 50% 50% 100% 100% 100% 100% 100% 50% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 1001/6 100% 100% 50% 50% 100% $2,000,000 100% $1,300,000 100% $3,635,700 100% $7,097,200 50% ;§,143,60 $96,629,400 $3,249,900 $3,130,900 $3,386,200 $3,386,100 $3,293,7DD $4,190,900 $2.231,100 $1,647,800 $2,743,600 $1,977,300 $3,079.800 $1,294,700 $992,900 $803,900 $1,827,600 $3,645,200" $4,494,500 $436,300 $222,650 L2,683,780 $48,718.830 $3,146,000 $509,850 $3,202,650 $5,513,000 $4,269.000 $5,456,100 $5,147,800 $754,100 $1,530,000 $6,205,500 $2,855,700 $1,572,300 $1,343,600 $4,374,700 $6,110,000 $3,727,100 $5,680,700 $2,030,400 $890,000 $4.199,500 $1,178,500 $1,257,100 $2,671 200 $1, 100% 50% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 50% 100% 8 Ta-ble 5 (confinued)., IMP Project Listing Sent Project Project Length NO. Of Type Pet. in Total Project AMs No. Roadxvg7.. From _... Ta m, — .Status mi Lanes Rd 'Serv. Pre= Cost 312 47 FM 1518 SA 2 Linit Schertz Pkvy EA New 0.39 6 DA 50% =.650 3 49 FM 1518 Schertz PkiW Ek IH 10 New 4.09 6 DA 100% $5,165,000 3 50 Schaefer Rd W City Units FM 1518 New 0.48 2 UC t00% $1,536,700 3/X 51 RAF - Burnette Schaefer Rd E City Units New 0,55 4 DA 100% $2,559,000 MA 52 Lover Seguin Rd W City Units E of Tates Dr New 0.35 3 SA so% $686,450 3 53 L Seguin Rd E of Tates Dr W of Canopy Bend New 1.76 3 SA i00% $6,998.900 3 54A Lower Seguin Rd W of Canopy Bend E City Urnits New 1.08 4 DA 100% $4,917,900 3 54B Lawyer Seguin Rd W of Canopy Bend E City Lirnits WW 0.23 4 DA loo! $1,063,700 3 55 WS Connector (3) S. of Schaefer/Raf Burnette Lower Seguin Rd New 0.66 4 DA 100% $3,338,500 3 56 WS Connector (3) N City Units S city Lirnits New 0.27 4 DA 100% $1,380,400 3 57A WS Connector (4) N City Linits S City Units New 0.26 2 UC 100% $894,600 3 578 PUS Connector (4) Lower Seguin Rd S City LinitlCaffnel Ranch Now 0.24 2 UC t00% $838,000 3 58 WS Connector (4) IN City Units S City Lin-fis New 0.21 2 ILIC 100% $725,000 31X 59 W Ware Seguin Rd W City Units Boeing Dr new 0.57 2 UC 50% $900,550 3 60 W Ware Seguin Rd Boeing Dr WS Connector (6) New 0.67 2 UC too-/. $2,236,900 3 61 WS Connector (5) Lower Seguin Rd W Ware Seguin Rd New 1.10 2 UC t00% $3,760,500 3 62 WS Connector (5) W Ware Seguin Rd E Ware Seguin Rd New 0.93 2 UC t00% $3,227,400 3 63 Trainer Hale Rd (WS) Weir Rd IH 10 New 1.66 4 DA 100% 1 $8,020,500 3 64 Trainer FUle, Rd (E/W) FM 1518 Trainer Hale Rd (NS) New 1.51 4 DA l00% $7,710,300 3 65 Ware Seguin Rd Graytown Rd WS Connector (5) New 1.35 3 SA l00% $4,736,300 3 66 E Ware Seguin Rd WS Connector (5) FM 1518 New 1.41 3 SA l00% $4,739,900 314 67 Graytom Rd Boeing Dr IH 10 New 1.11 3 SA 50% S2,000,600 3 68 WS Connector (6) Ware Seguin Rd IH 10 New 0.47 3 SC l00% $1,712,600 3 69 E8YL2ftnector T 8 IH 10 E City Lints New 2.33 3 SC 100% $8.482,300 Sub-total SA 3 23.67 $77,874,660 413 67 Graytomn Rd Boeing Dr IH 10 New 1.11 3 SA 5o% $2,000,600 4 70 Binz-Englernan Rd W city Lintits Cray tom Rd New 1.30 3 SA t00% $4,657,000 4 71 Scenic Lake Dr RMK-_En_ql—_n Rd IH 10 MY 0.77 3 SC 100% �2,777,400 Sub-total SA 4 3.19 $9,445,000 Totals: 66.68 7-- $232,667,880 Notes: DA- DhAded arterial SA- Special arterial (with Un visy left turn Ian SC- Special collector (Wth two way left turn Is Ur— UndMded collector I Projected 'Iwhehicle-'Ds H Capi,,,, cltylkvaflable for (Jew Gro,%Mth The vehicle-miles of new capacity supply were calculated consistent with the initial program for capacity supplied. The equation used was: Vehicle-miles of new capacity provided by the CIP are listed in Table 6. Also depicted is the net capacity provided by the CIP (removal of existing traffic consuming capacity from improvements). The Appendix contains details of the capacity calculations provided by the CIP program for all service areas. 2021 Schertz Roadway Impact Fee Study Update 9 Tabie 6: Updated Vehicle-Miles of IMP Capacity Provided se ss,,FITTpfTUrT7f7PTF II: till 00 Table 7 summarizes the percentage of CIP attributable to new development. Tiable 7 Projected Deynand and Per(,,,,e,,,nt Attribu table to 10-Year Growt-Ini. Cosft eof Roadway Impw,,,g,,,,#vernwnts, [a portion of ad-valorem tax revenues generated by improvements over the program period, or a 50% of the total vroiected cost of imWementing, the capital imi3rovements ninn M Sl "I'able 8-. SummmT of IMP Cost and Cost of Net Capacit� Pnovided Casa tlkfltributable to New Developr den t [For this update, all of Schertz's roadway service areas are projected to have a demand by new ,iievelopment that consumes only a portion of the full net capacity supplied by the IFCIP. This is RMIMMUMV1.11M W, M Table 9: Roadway Impruvements Plan Cost Attributable to New Development OrweAft Analysis Table 10,, CIP CrredkandResul tan t Cost Attributableto Np'w.DeveIopmf.-,rft Cost per Service Ulr�flt RUMMME=, mm m "I'able, 1 Cost per Sendce Unit Sunn.nary These updated cost per service unit rates (maximum allowable) are compared in Table 12 to the rates calculated in the initial Impact Fee study as well as the current collection rates set at the conclusion of that studv. There are slielit variations to the cost er service unit in each service area. same collection rate is desired to be maintained. 2021 Schertz Roadway Impact Fee Study Update 13 Table 12: Cost per Service Unit Comparison to Initial Impact Fee Study 2021 Schertz Roadway Impact Fee Study Update 14 WE= � rr �; � r�� � } rr� r � rr,'� wlu� r r r rr 0 a 1 0 • # . .:,r. PK-HR VOLUME The existing volumes of cars on the roadway segment traveling during the afternoon (P.M.) peak hour of travel. % IN SERVICE AREA if the roadway is located on the boundary of the service area (with the city limits running along the centerline of the roadway), then half of the roadway is inventoried in the service area and the other half is not. This value is either 50% or 100%. VEH-Ml SUPPLY TOTAL The number of total service units (vehicle-miles) supplied within the service area; based on the length, and established capacity of the roadway type. VEH-MITOTAL The total service unit (vehicle-mile) demand created by existing traffic on the DEMAND PK-HR roadway segment in the afternoon peak hour. EXCESS CAPACITY The number of service units supplied but unused by existing traffic in the PK-HR VEH-Ml afternoon peak hour. - . . I sir. - u. C o o 0 E U�E_EEEEm C-4 w cwq �w a) m E 5 LL CT z OT LL t :2 21 ou w LE oz U- LL a LIJ ui w LLJ LL ZN -0 0 0 0 0 0 O t 'M E LL U 0 0 L 2= LL= Sfl C14 ALL LL= LL M C', M 10 a M CO � VII C-4 C-4 N N N C11 N CA jq "I j;j U) en M 0 0 M 0 M M M CO M CO 'T Gn 2021 Schertz Roadway Impact Fee Study Update >0 0 M "1 Q u u, IN 0 11 "1 1 11 0 0 8 8 0 < < < < 23 0 0 0 8 0 M N M 0 0 0 0 0 0 N � M M V V `t V N N N N N N N V V M M 0 0 M M M CO CO z a 8 P- 0 0 0 b d z z (n z 8 8 g 2 2 Es !j r n N. W N — EE M C', M 10 a M CO � VII C-4 C-4 N N N C11 N CA jq "I j;j U) en M 0 0 M 0 M M M CO M CO 'T Gn 2021 Schertz Roadway Impact Fee Study Update >0 0 M "1 Q u u, IN 0 11 "1 1 11 0 0 8 8 0 < < < < < < < < < < M N M 0 0 0 0 0 0 N � M M V V `t V N N N N N N N V V M M 0 0 M M M CO CO z 0 0 0 b d z z (n z EE M 0- V V 0 -j 11 0 a 0 0 0 LL Ill W U) con LLJ — 1!! 2 M i E tv U M CO A ® L) M 0 ® L LL LLJ M M A z Cl C U3 U) 0 M G , 00 .5 D- S s M 3N cc E m P O 0 d OUJ 6U7 c Q f qMqD CO CO 0 O E m -j Q t 0 0 LLJ LL LL L It 9 -M V 7 -V ;s UQ !g 4 41 C Cq C, M 00 0) 0 U) V) Ln LO to W flD, "Do W) M S N N X X X M C-4 C-4 N N N C11 N CA jq "I j;j U) en M 0 0 M 0 M M M CO M CO 'T Gn 2021 Schertz Roadway Impact Fee Study Update 1. "riLF i1.I •, r = TYPE The type of roadway (used in determining capacity)i % IN SERVICE AREA If the roadway is located on the boundary of the service area (with the city limits running along the centerline of the roadway), then half of the roadway is inventoried in the service area and the other half is not. This value is either 50% or 100%. TOTAL SEGMENT COST The estimated cost (in dollars) of the entire segment of the proposed improvement. TOTAL COST IN SERVICE AREA The estimated cost (in dollars) of the portion of the proposed roadway improvement within the service area. 2021 Schertz Roadway Impact Fee Study Update 8®58 -all � �, Z 2 $� 8 �2 8 �, � R a R 0 R P j v e M g V 8 2 �-, G 2 a 2 M 2 2 �2 z; 219 292 12 a N7� F F­g . . . . . . . g - - - - - - - - 9 F 9 8 P 9 9 P 8 9 v 6 6 g f g a g g 16 16 a 16 N F 6 . . e., . . . . d. . . «. . . 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( > / \Q � ) kk l.w. )kk| ; ) \ 'GT §ft2`eK /j�/ &4in.w (�/ /o - § §\ Ej �ƒ �\ \k 2021 Sc 2 Roadway Impa » Fee 92 Update T I -able of Contents Methodology 1 Service Areas 2 Land Use Assumptions 2 Projected Vehicle-Miles of New Demand— 4 Capital Improvements Plan S Eligible Projects 5 Eligible Costs 5 Capital Improvements Plan 6 Projected Vehicle-Miles Capacity Available for New Growth 9 Cost of Roadway Improvements 10 Calculation of Impact Fees 11 Cost Attributable to New Development 11 Credit Analysis _. 12 Cost per Service Unit 12 Appendices---- - --------------- - -------------- — ---- -------- ___ 15 Appendix A: Roadway Improvement Plan Projects 16 Appendix B: Roadway improvement Plan Cost Analysis 20 Appendix C: Roadway Service Area Analysis Summary_ 24 HIMMODU I I aw 0' the Appendices. As part of the impact fee update, FNI conducted meetings with the city's Capital Improvements Advisory Committee (CIAC), City Staff, and the City Council. The CIAC's role included review and and comments to the City Council. To update the roadway impact fee program, a series of work tasks were undertaken and are described below. 2021 Schertz Roadway Impact Fee Study Update 1 2021 Schertz Roadway Impact Fee Study Update 3 "'Ll""able 1-, Initial Tinpact Fee Pc�pzdiaflon ProjecLion's Source: 2017 Schertz Roadway Impact Fee Study Table 2., Initial ftnpactFee Eniph'-mm"Ient Projections Roadway Service Total Employment (Employees) Area 2017 2027 Emp. Added Pct. Change 1 2,206 3,812 1,606 73% 2 8,587 11,304 2,717 32% 3 408 1,111 703 172% 4 0 1 20 20 1 -- City Total 11,201 16,247 5,04b 45% Source: 2017 Schertz Roadway Impact Fee Study 2021 Schertz Roadway Impact Fee Study Update 4 Table 3: 1inpact Fee 10-Year Projected, Service tftfit Growth �QWWI W-11,11 m4ruwat =-# w1r, me affmRrimm- thoroughfare network. Projects incorporated into the impact fee program are rooted in the city's official Thoroughfare Plan. Eligible Projects Efigiible Q',,,,!sts GT-e7uTS7IfF0FS'FTL example, if only 60% of the capacity provided by the impact fee CIP is needed over the ten-year window, then only 60% ♦ the cost associated with those facilities is considered in the cost per service wtit calculation. 2021 Schertz Roadway Impact Fee Study Update 5 Capital Improvegm cf. nts Plan �viro�ecw� were added to the cal-cital im%rovement Lcro'[ects or modified. These Lcrofect additions w&a; coordinated through City Staff and are listed below in Table 4. Ti,tble 4. IMP Project Add i tions/Mod i fications; 2021, Updlate 1 25B/C Big John Lane Eckhardt City Limits New 0.06 2 Residential Collector Comment incorporation of Parklands Pi Addition I 25C Big John Lane City Limits Eastern City Limits New 0.68 2 Residential Collector Comment., Incorporation ofParklands H Addition 1 27 WS Connector(1) /Cibolo Valley 1H 35 Old Wiederstein Rd New 0.55 4 Secondary Arterial Comment, Amended ppiect cost of$1 ZiM per DevelopmentAgreementon Cibolo ,/alley Drive. 2 36A E/W Connector (7yTejas Way W City Limits Doerr Lane New 0.65 3 Commercial Collector A Comment Annexation ofproperly and incoportion offhoroughlare extension XX 51 RAF - Burnatte Schaefer Rd E City Limits New 0.55 4 Secondary Arterial Comment Annexation ofSadlebrook Addition 3 54A Lower Seguin Rd W of CanM Bend E City Limits New 1.08 4 Secondary Arterial Comment Annexation ofSadlebrook Addition 3 54B Lower Seguin Rd W of Canopy Bend E City Limits New 0.23 4 Secondary Arterial Comment Annexation ofSadlebrook Addition. 3 55 WS Connector (3) S. of SchaeferlRaf Bumette Lower Seguin Rd New 0.66 4 Principal Arterial Comment Annexation cfSadlebrook Addition 3 57B WS Connector (4) Lower Seguin Rd S City Umit/Carmel Ranch New 0.24 2 Residential Collector CammenE Annexation of Carmel Ranch Addi'don, into the database. Figure 2 and Table 5 illustrate and list the capital improvement projects and their associated total cost for the impact fee system. The full list of IFCIP projects and cost for all M-32W ME k - it - 2021 Schertz Roadway Impact Fee Study Update 6 2021 Schertz Roadway Impact Fee Study Update 7 Table 5: It Project Listing RE3001= Area No. Roadway. From Project Langth No. Of Type Pet. in To Status imil Lanes RdwyServ.An 1 1 FM 2252 I 35 FM 482 New 0.32 4 DA 100% 1 2 FM 2252 FM 482 Railroad Tracks New 0.64 4 DA 100% 1/X 3 FM 2252 Railroad Tracks N City Urrits New 0.22 4 DA 50% 112 4 WS Connector (1) 1H 35 Railroad Tracks New 1.25 4 DA 50% 1 5 ENV Connector (1) WS Connector (1) FM 2252 New 0.99 4 DA 100% 1 6 EMI Connector (2) WS Connector (1) FM 2252 New 0.99 2 UC 100% 1 7 FM 482 FM 2262 Hubertus Rd New 1.05 4 DA l00% 1 8 FM 482 Hubertus Rd Railroad Tracks New 1.00 4 DA 100% 1 9 FM 482 809 W of Friesenhahn Friesenhahn Ln New 0.15 4 DA l00% M 10 FM 482 Friesenhahn Ln Schwab Rd New 0.59 4 DA 50% 1 11 FM 482 Schwab Rd E City Units New 1.20 4 DA l00% 1 12 Hubertus Rd IH 35 FM 482 New 0.57 4 DA l00% 1 13 Hubertus Rd FM 482 N City Units New 0.30 4 DA l00% 1 14 Friesenhahn Ln IH 35 FM 482 New 0.72 3 SC 100% 1 15 Schwab Rd IH 35 FM 482 NOW 0.63 6 DA 100% 1 16 EfW Connector (3) Hubertus Rd DaAd Lack Bhd New 1.59 3 SC 100% 1 17A Eckhardt Rd Froboese Ln Green Valley Rd New 1.11 2 UC 100% 1 18 Schwab Rd IH 35 S city Units New 1.14 4 DA l00% 1 19 Froboese Ln Schvob Rd Eckhardt Rd New 0.57 2 UC 100% 1 20 Froboese Ln 2200' E of Eckhardt E City Limits New 0.26 2 UC IOD% 1 21 Green Valley Rd W City Limits E City Units New 0.87 4 DA i00% 1 22 Homestead Pkwy End Ex Homestead Pkwy 8 City Limits New 0.33 2 UC 100% 1 23 Country Club Bhd Scenic Links S City Units New 0.35 2 UC 100% 1 24 EAN Connector (4) Country Club Blvd Homestead Pkwy New 0.77 2 UC 100% 1 25A ENV Connector (4) Schwab Rd Eckhardt Rd New 0.45 2 UC 100% 1/X 256 Big John Lane Eckhardt Rd City Units Now 0.06 2 UC 50% 1/X 25C E/W Connector (4) City Limits E. City Units NLw 0.68 2 UC 50% 1 25 FM 1103 IH 35 Cid Wiederstein Rd New 0.70 4 DA i00% 1 27 WS Conn. (1)/Cibolo Valley IH 35 Old Wiederstein Rd New 0.55 4 DA 100% 1 28 NS Connector (2) IH 35 Old Wiederstein Rd New 0.73 4 DA 100% 1 29 ENV Connector (5) WS Connector (1) FM 1103 New 2.00 2 UC 100% 1/X 30 Old Wiederstein Rd WS Connector I 1j Chem Tree D New 2.17 4 DA 500% Sub-total SA 1 24,96 2 31 Doerr Ln N City Units Lookout Rd New 0.91 3 SC 100% 211 4 NS Connector (1) 1H 35 Railroad Tracks New 1.25 4 DA 50% 2 32 ENV Connector (2) FM 3009 WS Connector (1) New 0.81 2 UC 100% 2 33 E/W Connector (6) FM 3009 WS Connector (1) New 0.81 2 UC 100% 2 34 Mid-Cites Pkwy 1H 35 FM 3009 New 0.98 3 SC 100% 2 35 E1W Connector (1) FM 3009 WS Connector (1) New 0.81 4 DA i00% 2 36 EfW Conn. (7)freas Way W City Units Doerr Ln Recoup 0.65 3 SC 100% 2 36A Telas Way E)dsfing Tejas Way UP RR/City Limit New 0.52 3 SC t00% 2 37 Lookout Rd Tri-County Pkwy Schertz Pkwy New 0.74 3 SC 100% 2 38 Four Oaks Ln End of Ex. Four Oaks Ln WS Connector (1) New 0.54 3 SC 100% 2 39 Wiederstein Rd E City Limits FM 3009 New 0.64 4 DA i00% 2 40 Wiederstein Rd Schertz Pkwy W City Units Now 0.41 2 UC 100% 2 41 Baptist Heallin Dr Ripps-Kreusler Wiederstein Rd New 0.27 3 SC 100% 2 42 Ripp&-Kreusler Baptist Health Dr End of Mpps Kreusler New 0.22 3 SC 100% 2 43 Masks Rd FM 1518 Oak St New 0.54 3 SC 100% 2 44 Maske Rd Realignment Oak St Schertz Pkwy New 0.88 2 UC 100% 2 45 FM 1518/ in St Masks Rd Oak St New 1.30 3 SA i00% 2 46 FM 1518 N City Units SA 3 Lknit Now 0.36 6 DA 100% 213 47 FM 1518 SA 3 Limit Schertz Pkwy EA New 0.39 6 DA 50% 2 48 FM78/John Peterson Bhd W City Limits E Cily Units 1.81 6 DA i00% Sub-total SA 2 14.36 $1,566,800 $3,146,000 $509,850 $3,202,650 $5,513,000 $4,259,000 $5,456,100 $5,147,800 $754,100 $1,530,000 $6,205,500 $2,855,700 $1,572,300 $1,343,600 $4,374,700 $5,110,000 $3,727,100 $5,680,700 $2,030,400 $890,000 $4,199,500 $1,178,5DO $1,257,100 $2,671,200 $1,602,000 $50,675 $608,625 $2,000,000 $1,300,000 $3.635,700 $7,097,200 $5,143,000 $96,629,400 $3,249,900 $3,130,900 $3,385,200 $3,386,100 $3,293,700 $4,190,900 $2,231,100 $1.647.800 $2,743,600 $1,977,300 $3,079,800 $1,294,700 $992,900 $803,900 $1,827,600 $3,645,200 $4,494,500 $436,300 $222,650 L2,683,780 U8,718,830 2021 Schertz Roadway Impact Fee Study Update 8 M,ible 5 IMP P,, roject Listing Sery Project Project Length NO. Of Type Pct. in Total Project Area No. Roadwa . Fro, M TO Status (ail Lanes Rdy Serv. Are Cost 312 47 FM 1518 SA 2 Urnit Schertz Pkwy EA. New 0.39 6 DA 50% $222,650 3 49 FM 1518 Schertz PhW EA. 1H 10 New 4.09 6 DA l00% $5,165,000 3 50 Schaefer Rd W city urnits FM 1518 New 0,48 2 UC 100% $1,536,700 31X 51 RAF - Burnefte Schaefer Rd E City Units New 0,56 4 DA 100% $2,559,000 3/X 52 Lower Seguin Rd W City Linnits E of Tates Dr New 0.35 3 SA 50% $686,450 3 53 Lower Seguin Rd E or Tates Dr W of Canopy Bend New 1.76 3 SA i00% $6,998,900 3 54A Lower Seguin Rd W of Canopy Bend E City Units New 1,08 4 DA 100% $4,917,900 3 54B Lower Seguin Rd W of Canopy Bend E City Limits New 0.23 4 DA l00% $1,063,700 3 55 N/S Connector (3) S. of Schaefer/ Raf Burnette Lower Seguin Rd New 0.66 4 DA 100% $3,338,500 3 56 NIS Connector (3) N City Limits S City Units New 0.27 4 DA 100% $1,380,400 3 57A NS Connector (4) N City Units S City Units New 0.25 2 UC 100% $894,600 3 57B WS Connector (4) Lower Seguin Rd S City LirnitfCarmel Ranch New 0.24 2 UC 100% $838,000 3 58 NIS Connector (4) N City Units S City Units New 0.21 2 UC t00% $725,000 31X 59 W Ware Seguin Rd W City Limits Boeing Dr New 0.57 2 UG 50% $900,550 3 60 W Ware Seguin Rd Boeing Dr WS Connector (5) l"bw 0.67 2 UC 100% $2,236,00 3 61 WS Connector (5) Lower Seguin Rd W Ware Seguin Rd New 1.10 2 UC t00% $3,780,500 3 62 WS Connector (5) W Ware Seguin Rd E Ware Seguin Rd New 0.93 2 UC t00% $3.227,400 3 63 Trainer Hale Rd (1,11S) Weir Rd lH 10 New 1.66 4 DA t00% $8,020,500 3 64 Trainer Pole Rd (E/W) FM 1518 Trainer Hale Rd (WS) New 1.51 4 DA 100% $7,710.300 3 65 Ware Seguin Rd Graytom Rd WS Connector (5) Now 1.35 3 SA loD-A $4,736,300 3 66 E Ware Seguin Rd WS Connector (5) FM 1518 New 1.41 3 SA 100% $4,739,900 314 67 Gray towrl Rd Boeing Dr IH 10 New 1.11 3 SA 5oy. $2,000,500 3 68 WS Connector (6) Ware Seguin Rd lH 10 New 0.47 3 SC t00% $1,712,500 3 69 Ei8ly CLorinec!or � 81 I H10 E Cily Lirrtits 2233 3 SC looA $8,482,300 Sub -total SA 3 23.67 $77,87050 413 67 Gray town Rd Boeing Dr 1H 10 New 1.11 3 SA 50% $2,000,600 4 70 Binz-Englernan Rd W City Units Graytown Rd New 1.30 3 SA t00% $4,667,000 4 71 Scenic Lake Dr Bin lH 10 New 0.77 3 SC t00% J277_7400 Sub-total SA 4 3.19 $9,445.000 Totals: 66.68 $232,667,8 80 Notes: DA- DMded arterial SA- Special arterial (with two way left turn lane) SC- Special collector (Wth Mo way left turn lane) UC- Undi%dded collector Projected Capacfty,4!1',,,,;?aHab1e for New Growth The vehicle-miles of new capacity supply were calculated consistent with the initial program for capacity supplied. The equation used was: , F A. , MMINAMMI=�J Vehicle-miles of new capacity provided by the CIP are listed in Table 6. Also depicted is the net The Appendix contains details of the capacity calculations provided by the CIP program for all sewice areas. 2021 Schertz Roadway Impact Fee Study Update 9 711"�,ible 6: Updated vVe h! -Miles of )7FCJP Capacity Provided A comparison of net capacity provided by the updated CIP relative to 10-year demands (from land Table 7 summarizes the percentage of CIP attributable to new development. Tat,fle 7,,,, Projectsd Demoin,,W and Percerift 1 O-Yemr Growth 2021 Schertz Roadway Impact Fee Study Update 10 portion of ad-valorem tax revenues generated by improvements over the program period, or a Tabbe, 8,,,, Sun-,=�,Iry of 11FOP Cost and Costof Net Capacity Providedl. Cost Attributable to New DevOopment For this update, all of Schertz's roadway service areas are projected to have a demand by new development that consumes only a portion of the full net capacity supplied by the IFCIP. This is shown in Table 9. 2021 Schertz Roadway Impact Fee Study Update 11 Ta 9: .oadw -,@ y Improiremexits Plan Cost Attributable to ew Development t €lam: 1 0,, CIP Credit and Resti .: nt Cost t s ttri butabl uo New De e,flop :nen Table 11 lists the calculation and results of the cost per service unit calculation by service area. The actual cost per service unit reflects the true burden to the City for the implementation of the roadway capital improvements program. Based on the credit analysis, the maximum rate after credit reflects the maximum amount per service unit that can be charged to comply with state statute. The Appendix details the maximum fee per service unit calculation for each service area. Table 1, 1. Cost per Ser%riceLlnit Surnxrpary' The updated cost per service unit do not have a negative effect to existing collection rates i f th,.- same collection rate is desired to be maintained. 2021 Schertz Roadway Impact Fee Study Update 13 Table 12; Cost per Service thift Comparisini to Initial Irnpact is tgady 2021 Schertz Roadway Impact Fee Study Update 14 lid c ` 'i ' r r 1 ' r �' 1 ' r t r r■ 2021 Schertz Roadway Impact Fee Study Update PeftniDm LANES The total number of lanes in both directions available for travel. PK-HR VOLUME The existing volumes of cars on the roadway segment traveling during the afternoon (P.M.) peak hour of travel. % IN SERVICE AREA If the roadway is located on the boundary of the service area (with the city limits running along the centerline of the roadway), then half of the roadway is inventoried in the service area and the other half is not. This value is either 50% • 100%. VEH-MI SUPPLY TOTAL The number of total service units (vehicle-miles) supplied within the service area, based on the length, and established capacity of the roadway type. VEH-MITOTAL The total service unit (vehicle-mile) demand created by existing traffic on the DEMAND PK-HR roadway segment in the afternoon peak hour. EXCESS CAPACITY The number • service units supplied but unused by existing traffic in the PK-HR VEH-Ml afternoon peak hour. 2021 Schertz Roadway Impact Fee Study Update Z) D (n a W Cn W W Z -i 0 CN — — — N 10 0 0 N 0 rz M cn 0 0 W 0 M 0 C4 "I O� 0 . �N C! C! r-� 1: q q en r-� q uj Fg . . . . . . 4 ®® 0 0 0 0 0 0 a 0 0 — — — 0 0®®® C, 0 0 0 0 0 x 0 0 0 0® 0® 0 U B: :2 215 2 gg �G 's G Z:o _j Ls .4 —0 E E :E 0 0 9 C5 0 0 0 0 U) 0 0 0 0 0 0 5 U 32 32 M M CZ) CO LU LL z LL 0 U Ld LL U) 0 0 0 L- LL LL Ca LLJ W LU U) LU LL W 0 0 0 0 0 gN 0 0 0 0 9N 0 0 0 ON 04 0000 o O n g 0 0 0 0 0 0 a NCO U: LU N U E Uj ® 0 0 C, 0 Lb LO M z? 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Co BOO W W W W COD Q ® hl Q w N N N N N N N NI M M M M M M M M M Cl) M M M M M M M M MI a V VI w w y n to y H F 2021 Schertz Roadway Impact Fee Study Update APPENDIX B ROADWAY rr PLAN COST ANALYSIS 2021 Schertz Roadway Impact Fee Study Update LANES The total number of lanes in both di TYPE The type of roadway (used in determining capacity)o % IN SERVICE AREA If the roadway is located on the boundary of the service area (with the city limits running along the centerline of the roadway), then half of the roadway is inventoried in the service area and the other half is not. This value is either 50% or 100%. TOTAL SEGMENT COST The estimated cost (in dollars) of the entire segment of the proposed improvement TOTAL COST IN SERVICE AREA The estimated cost (in dollars) of the portion of the proposed roadway improvement within the service area. 2021 Schertz Roadway Impact Fee Study Update - - - ------------ --- - - - - - - - 2 W a a a - --------- --- q 0 R Q - IR 1� ... . .. - --------------- 8 8 8 8 s s 8 - - - - - - - - - - - - - - - - g 6 a 2 a a si a 99 w9vi 8 2 8 °° 8 8 2 8 8 8 a 8 8 9 9 8 8 8 8 8 8 8 o S$ 9 a °° 8 6 8 8 8 8 . . . . . . . . . . q - ------ -------- . . . . . . . . . . . . . . . . . . . . ®+ . .® . . . . . . . z z z z z z z z z z z z z z z z z z z z z z z z z z z z z :32, 32, M f f f 42 E E E E E q F4 E o z 4 W n. M U„ .1 7 P 62 LU z 0 M LU wen 0 M W- U'i W. W ED E 71 p 2 z lu 03 t 0 �2 �2 !2 M On �q R 81 N A - - - - - - - - - - - - - - - 2021 Schertz Roadway Impact Fee Study Update All k a k a k k k il » ssr ti . . my 5 P ry K � Nk RR pli Rk K -1 s 81 S. 8 0 8 8 8 8 8 8 8 8 8 4 R W .11 I a. ®2 �2 9 arlr 8 2 8 N �9 A zq �3 �i 2 8 6 6 ci 6 6 - I c� R LU 0 U W W W W W W 0 M 3 3, W M LW E E y.E E v F F k i .6 z z z m T 2021 Schertz Roadway Impact Fee Study Update 2021 Schertz Roadway Impact Fee Study Update F d 9 Q d d W V Q ?a N p� 4 i sdq� i 4 N V N S9 2021 Schertz Roadway Impact Fee Study Update Agenda No. 3. CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Department: Executive Team Subject: Ordinance No. 22 -S -13 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, amending the Master Thoroughfare P1an.Final Reading (M. Browne /B. James) . Z1 The City is proposing to amend the Master Thoroughfare Plan to include the extension of Tejas Way in the area that was recently annexed after being released by the City of San Antonio from their ETJ. The amendment is occurring generally north of Lookout Road and West of Doerr Lane, west and south of the current Tejas Way. GOAL Provide for the orderly growth and development of the City. COMMUNITY BENEFIT Adding the extension of Tejas Way to the Thoroughfare Plan informs the community that the road is planned to exist. SUMMARY OF RECOMMENDED ACTION Approval of Ordinance 22 -S -13 to amend the Master Thoroughfare Plan to add the extension of Tejas Way. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance 22- S -1.3. Attachments Ord 22 S 13 Thoroughfare Plan legal notice Property Owner Notice Letter Property Owner Map # rag OWN N 01 WN # I # # FRO 1XIJ V 21131 DAO KV V V 31 WEREAS, the City Council ♦ the City of Schertz, Texas (the "City") has adopted a Master Thoroughfare Plan (the "Master Thoroughfare Plan") as part of the City's Comprehensive Land Use Plan (the "Comprehensive Land Plan7% which is established under the City's Amended and Restated Unified Development Code (the "UDC"); and WHEREAS, the City Staff has recommended an update to the current Master Thoroughfare Plan; and WHEREAS, The Planning an Zoning Commission of the City conducted a public hearing and, after considering the criteria in the UDC, made a recommendation of approval of the proposed amendment to the Master Thoroughfare Plan., which is set forth on Exhibit A attached hereto affat incorporated herein (the "Amendment"); and WHEREAS, the City Council has been presented with the proposed Amendment and has determined that the Amendment is in the best interest of the City; and I -rT-C*)J-T T= Fff-fjYL-k-, ff 1-1 17%7WEA-�, �-,K THAT: Section 1. The Master Thoroughfare Plan of the Comprehensive Land Plan is hereby amended as set forth on Exhibit A of this Ordinance. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision ♦ this Ordinance are hereby repealed • the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 5 5 1, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate • repeal • affect any other ordinances of the City R-MUM provisions • this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. EySM-3 Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "Master Thoroughfare Plan" NOTICE OF PUBLIC HEARING March 11, 2022 Dear Property Owner, PLANNING & COMMUNITY DEVELOPMENT The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, March 23, 2022, at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following item: ZC2022 -004— Conduct a public hearing and make a recommendation on a request to amend the Comprehensive Land Use Plan and Thoroughfare Plan by designating approximately 142 acres of the Future Land Use Map as Industrial generally located 3,500 feet southwest of the intersection of Doerr Lane and Bell North Drive, Comal County, Texas: Property ID 77739 and designating the extension of Tejas Way as a Commercial Collector A. The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You may return the reply form below prior to the first public hearing date by mail or personal delivery to mharrisonschertz.com. If you have any questions please feel free to call Megan Harrison, Planner directly at (210) 619 -1781. Sincerely, Megan Harrison Planner Reply Form I am: in favor of ❑ opposed to ❑ neutral to ❑ the request for ZC2022 -004 COMMENTS: NAME: SIGNATURE (PLEASE PRINT) STREET ADDRESS: DATE: !400 Schertz Parkway Scheft4 Texas 78 154 ik 21 M! 9A 000 schfOLCOM COMMUNITY- SERVICE- OPPORTUN Y �� J Jo 01p Z V JV J � ,V zo " "�U S e X WJ Z y Z Z di �, , , d kd idl fdY Agenda No. 4. CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Department: Executive Team Subject: Resolution No. 22 -R -41 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas approving requests for Schertz Main Street Local Flavor Economic Development Grants for 539 and 820 Main Street. (B. James) BACKGROUND The owner of the properties at 539 and 820 Main Street is applying for Local Flavor Grants. The owner of 539 Main is applying for a second local flavor grant for the future Hidden Grove Bar at 539 Main. The request is for up to $20,000 for concrete work associated with new construction on the side - foundations, paving, etc. With this grant, the applicant will have reached the maximum amount of grants available for this property. Attached is an exhibit showing 539 Main Hidden Grove Bar. The grant for 820 Main is for new construction and is up to $60,000 but includes 4 to 1 match requirement. It should be noted that in 2019 a grant was received for a property listed as 820 Main, but with replatting and adjusting if addresses that property is now 824 Main. Attached is the elevation and site plan for 820 Main. GOAL Promote and enhance commercial activity along Main Street to promote the economic, cultural and general welfare of the public. The area around Main Street in Schertz once served as the commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through the inducement of public money to promote local economic development and stimulate business and commercial activities in the City. COMMUNITY BENEFIT Encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street. Promote commercial development. Stabilize and improve property values. Foster civic pride. Strengthen the economy of the City by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support of local businesses. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Resolution 22 -R -41 approving Schertz Main Street Local Flavor Economic Development Grants for up to $20,000 for 539 Main and up to $60,000 for 820 Main. FISCAL IMPACT Up to $20,000 for the grant for 539 Main and up to $60,000 for the 820 Main grant. RECOMMENDATION Approve Resolution No 22 -R -41 Attachments Res 22 R 41 539 Main LFG Agreement 539 Main Perspective 539 Main floor plan 820 Main LFG Agreement 820 Main Site Exhibit 820 Main Elevations RESOLUTION NO. 22-R-41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING REQUESTS FOR SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANTS FOR 539 AND 820 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, the City of Schertz desires to encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street; WHEREAS, the City of Schertz desires to stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the City Council approved the Schertz Main Street Local Flavor Economic Development Grant; WHEREAS, staff is in support of this program and recommended approval of the grant requests for 539 Main Street for up to $20,000 and for 820 Main Street for up to $60,000; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the Schertz Main Street Local Flavor Economic Development Grant requests for 539 Main Street and 820 Main Street subject to the approved criteria of the program and execution of a funding agreements generally as outlined in Exhibit "A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 12th day of April, 2022. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Exhibit A STATE OF TEXAS § COUNTY OF BEXAR § SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND MWBDLR LLC FOR EXPENDITURE OF LOCAL FLAVOR GRANT FUNDS This Local Flavor Development Program Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and MWBDLR, LLC, (ENTITY). WHEREAS, the ENTITY has developed a proposal to Make improvements to landscaping to 539 Main (the "Project "); and WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the governing body of a municipality to establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is intended to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors; and WHEREAS, funding for the Schertz Main Street Local Flavor Economic Development Program will be provided annually through the City's General Fund; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program will enhance other city efforts to improve, beautify, and promote economic development in the Main Street area. WHEREAS, the area around Main Street in Schertz once served as commercial and social hub of the community; and WHEREAS, the City seeks to improve the image of the area around Main Street through restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City; and WHEREAS, the City Council of the City of Schertz desires to provide funds to MWBDLR, LLC (ENTITY). NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows: GENERAL PROVISIONS Section I. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to promote state and local economic development and to stimulate business and commercial activity in the municipality to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors. Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report"). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to the ENTITY'S satisfactory performance and compliance with the terms of this AGREEMENT, the CITY agrees to pay the ENTITY up to fifty percent (50 %) of the Project. The Project is estimated to be $42,700.00 and fifty percent of which is $21,350.00 but because of the $20,000.00 maximum cap is capped at $20,000.00 for work falling within the criteria for fagade and site improvements. Payment will be made within forty -five (45) days of acceptance of the complete Post Event Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter 351 of the Tax Code and this AGREEMENT shall be reimbursed. Section 5. Appeal Process. Any ENTITY wishing to appeal the decision of the CITY must present their appeal in writing within ten (10) business days of funding denial. Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole expenses, has the right to conduct an audit of the ENTITY or Project. Section 7. Term. The AGREEMENT shall become effective as of the date entered below. The AGREEMENT shall terminate one year from its effective date or once the terms have been met, whichever occurs first. Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the other party fails to comply with a tenn of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the non - breaching party. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 781.54 (210) 619 -1000 To MWBDLR, LLC: Attention: Nicholas Marquez PO Box 284 Cibolo, Texas 781.08 MISCELLANEOUS Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this AGREEMENT, except by written agreement approved by the governing bodies of each party and duly executed by both parties. Section 12. Approval. This AGREEMENT has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County, Texas. Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self - insurance on its letterhead indicating its self- insured status before any event awarded funding under this AGREEMENT. The cost of the insurance herein mentioned to be secured and maintained by the ENTITY shall be borne solely by the IN WITNESS HEREOF, the CITY and ENTITY make and execute this AGREEMENT to be effective this day of , 2022. CITY OF SCHERTZ, TEXAS ENTITY — MWBDLR, LLC City Manager ATTEST: City Secretary (Title) (Title) PAGE 5 OF 5 � _�, __ r 17'-6" 9 10 3l4" ... „b/£ 0-.68 SOCCER POOL (FIT ONE PROFESSIONAL OR 2 HALF -SIZE) STATE OF TEXAS § COUNTY OF BEXAR § SCHERTZ MAIN STREET LOCAL FLAVOR NEW CONSTRUCTION ECONOMIC DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND 1017 Holdings, LLC, FOR EXPENDITURE OF LOCAL FLAVOR GRANT FUNDS This New Construction Local Flavor Development Program Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and 1017 Holdings, LLC, (ENTITY). WHEREAS, the ENTITY has developed a proposal to Make improvements to landscaping to 820 Main (the "Project "); and WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the governing body of a municipality to establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is intended to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors; and WHEREAS, funding for the Schertz Main Street Local Flavor Economic Development Program will be provided annually through the City's General Fund; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program will enhance other city efforts to improve, beautify, and promote economic development in the Main Street area. WHEREAS, the area around Main Street in Scbertz once served as commercial and social hub of the community; and WHEREAS, the City seeks to improve the image of the area around Main. Street through restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City; and WHEREAS, the City Council of the City of Schertz desires to provide funds to MW13DLR, LLC (ENTITY). NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows: GENERAL PROVISIONS Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to promote state and local economic development and to stimulate business and commercial activity in the municipality to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors. Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report"). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to the ENTITY'S satisfactory performance and compliance with the terms of this AGREEMENT, the CITY agrees to pay the ENTITY up to twenty percent (20 %) of the Project. The Project is estimated to be $XXX,000.00 and twenty percent of which is $XX,XXX.00 but because of the $60,000.00 maximum cap is capped at $60,000.00 for work falling within the new construction grant. Payment will be made within forty -five (45) days of acceptance of the complete Post Event Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter 351 of the Tax Code and this AGREEMENT shall be reimbursed. Section 5. Appeal Process. Any ENTITY wishing to appeal the decision of the CITY must present their appeal in writing within ten (10) business days of funding denial. Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole expenses, has the right to conduct an audit of the ENTITY or Project. Section 7. Term. The AGREEMENT shall become effective as of the date entered below. The AGREEMENT shall terminate one year from its effective date or once the terms have been met, whichever occurs first. Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the non - breaching party. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 (210) 619 -1.000 To 1017 Holdings, LLC: Attention: Nicholas Marquez 603 Main Street Schertz, Texas 78154 MISCELLANEOUS Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this AGREEMENT, except by written agreement approved by the governing bodies of each party and duly executed by both parties. Section 12. Approval. This AGREEMENT has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County, Texas. Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self - insurance on its letterhead indicating its self - insured status before any event awarded funding under this AGREEMENT. The cost of the insurance herein mentioned to be secured and maintained by the ENTITY shall be borne solely by the IN WITNESS HEREOF, the CITY and ENTITY make and execute this AGREEMENT to be effective this day of , 2022. CITY OF SCHERTZ, TEXAS ENTITY — 101.7 Holdings, LLC City Manager (Title) ATTEST: City Secretary (Title) PAGE 5 OF 5 U-i 'A 7"11 1 uj (-,)-i C>j Z� 15' Z� 0 15 14 11-/ 12 17-\ 19 20- 8 9 101 10 -\ ,c 5 ----- ----------- ----- - - ----- WTIO - -- - - ------- - ----- ----- - ----- WL10 - ----- --- - - ------ . ..... ..... WLIO -WUO--- . ..... VVUO - --- - ---- WL10-- ------WLIO ------ - ------ - U-i 'A 7"11 1 uj (-,)-i C>j Z� 15' Z� 0 15 14 11-/ 12 17-\ 19 20- 8 9 101 10 -\ ,c 5 ----- ----------- ----- - - ----- WTIO - -- - - ------- - ----- ----- - ----- WL10 - ----- --- - - ------ . ..... ..... WLIO CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Department: Executive Team Agenda No. 5. Subject: Resolution No. 22 -R -42 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a Subdivision Improvement Agreement with Crossvine Module 2, Unit 1. (M. Browne /B. James) BACKGROUND The Unified Development Code (UDC) requires all necessary public improvements to be accepted by the City prior to filing the plat. The UDC does however make provision for a Subdivision Improvement Agreement to allow the plat to be filed prior to acceptance of those improvements with a surety being provided to ensure funds are available to complete the required work. Staff has generally not recommended entering into these agreements for residential plats to avoid a situation where residents are occupying homes and a significant amount of work remains. In this case, the developer of the Crossvine is requesting that landscaping associated with their garden home phase, Module 2, Unit 1 be deferred. Given the unique nature of this product it is difficult for them to have the perimeter landscaping installed as well as the public green space landscaping in common areas installed prior to filing of the plat. The proposed agreement defers landscaping for 90 days after plat filing and in the green space public landscaping areas to no more than 60 days after issuance of the last CO in that phase. GOAL Allow the developer of the Crossvine to enter into an Improvement Agreement to be able to file the plat with certain noncritical infrastructure not having been accepted and after posting a surety. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION Approval of Resolution 22 -R -42 authorizing a subdivision improvement agreement with the Crossvine for Module 2, Unit 1. FISCAL IMPACT None RECOMMENDATION Approval of Resolution 22 -R -42 Attachments Subdivision Improvement Agreement Res 22 R 42 wimm CITY OF SCHERTZ 1400 Schertz Parkway Schertz, Tex 78154 as Attention: City Secretary § KNOW ALL PERSONS BY THESE PRESENTS: SUBDIVISION IMPROVEMENT AGREEMENT FOR THE CROSSVINE MODULE 2, UNIT I THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter referred to as the "Agreement") is entered into by and between Schertz 1518, Ltd., a Texas limited partnership (hereinafter referred to as the "Owner") and the City of Schertz, Texas, a Texas Municipal Corporation (hereinafter referred to as the "City") and is effective upon the execution of this Agreement by the Owner and the City (the "Effective Date"). WHEREAS, the Owner is the owner of that certain real property located in the City of Schertz, Bexar County, Texas, more specifically described on Exhibit "A", attached hereto and made a part hereof for all purposes (the "Property", "The Crossvine Garden Homes", or the "Garden Homes"); WHEREAS, the Owner intends to develop a residential subdivision containing garden homes which are zero-lot line lots in The Crossvine Module 2, Unit I as graphically depicted on the attached approved Final Plat set forth on Exhibit "B" attached hereto and incorporated herein by reference (the "Plat"); and WHEREAS, the Property is subject to The Crossvine PDD Third Amendment which was passed by the City Council of Schertz, Texas as Ordinance 17-S-01 on February 28, 2017 as well as all previous versions of the PDD as referenced therein (collectively, the "PDD"); and WHEREAS, the PDD establishes the requirements for Community and Public Amenity ;4andards in Section 9 and specifically provides in Sections t 9.2.3.3, 9.2.3.7, Installation of all required landscaping within the Common Area shall be completed prior to the recording of the final plat. The developer may request the deferral of the installation of the landscaping until after the final plat recordation. Deferral of the installation of the required landscaping shall be conditioned on the execution of a subdivision improvement agreement and sufficient surety as determined by the City not to exceed 100% of the publicly bid cost for required Common Area landscaping. WHEREAS, the Owner has requested, and the City has agreed, that the installation • required landscaping within the Common Area may be deferred as permitted • the `Di and as more specifically set forth herein, subject to posting a fiscal surety as provided in the PDD which is satisfactory to the City to provide financial assurances that the Common Area Landscaping will be completed and installed as agreed and set forth herein; NOW THEREFORE, in consideration of the agreements set forth herein and for other reciprocal good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and stipulated • the parties, the Owner and the City, agree as follows: Recitals. The Recitals set forth above are hereby incorporated herein by reference as if fully set forth herein. qnnnff� * "C"; G, "Lots" shall mean each individual lot reflected in the Final Plat upon which a Garden Home will be constructed. H. "Perimeter Public Landscaping" shall mean that area labeled as such on Exhibit "C"; 4. Surety. Prior to the recording of the final Plat, the Owner shall provide fiscal surety to the City in accordance with the PDD, in an aggregate amount equal to the Value of Improvements to assure the completion of the Common Area Landscaping. Owner may elect to provide separate fiscal surety for the Perimeter Public Landscaping and for the W M M =- LM &WR Its Ion I I LW Lei If I In na I" I I wv� surety for the Greenspace Public Landscaping, otherwise upon the same terms and conditions set forth herein. Electric Service. The City understands and acknowledges that CPS has had supply chain challenges in the delivery of transformers and other equipment which has resulted in delays in the provision of electrical services to the Garden Homes, to the Property, and to streetlights located on the Property. The City agrees that the Final Plat can be recorded prior to the completion of electrical service to the Property; provided, however, a Certificate of Occupancy for residential occupancy of a Garden Home shall not be issued until electrical service has been completed to the Garden Homes and the Property. , 'ITVAYIT 77dime,7777tie �Wlpwner repreqptiN and warrants that it oil n 11 ecessary ac Ninj authorize its execution and delivery of this Agreement. Governmental.1mmunity. The City does not waive or relinquish any immunity or defense (if any) on behalf ♦ itself, its officers, employees, Councilmembers, and agents as a result of the execution of this Agreement and the performance of the covenants and actions contained herein. 10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors, and assigns, and the terms hereof shall run with the Property. H. CounteMarts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts shall be construed together and shall constitute one and the same Agreement. 12. lnte�ration. This Agreement is the complete agreement between the parties as to the subject matter hereof and cannot be varied except by the written agreement of the Owner and the City. The Owner and the City each agrees that there are no oral agreements, understandings, representations or warranties which are not expressly set forth herein. If to the Owner: Schertz 1518, Ltd. 314 E. Commerce, Suite 600 San Antonio, Texas 78205 Attention: Christopher K. Price With copy to: Round One Capital 9525 N. Capital of Texas Hwy., Suite 123 Austin, Texas 78759 Attn: Bradford L. Pittenger If to the City: CITY OF SCHERTZ 1400 Schertz Parkway Schertz, Texas 78154 Attention: Cit- ,� Manager With copy to: Denton Navarro Rocha Bernal & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: Schertz City Attorney 15. Recitals: Exhibits. Any recitals in this Agreement are represented by the parties heret to be accurate, constitute a part of the parties' substantive agreement, and are fully incorporated herein as matters of contract and not mere recitals. Further, any exhibits this Agreement are incorporated herein as matters of contract and not mere exhibits. I 16. No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to, and shall not be deemed to, create a partnership or joint venture among the parties. 17. Choice of Law. This Agreement will be construed under the laws of the State of Texas without regard to choice-of-law rules of any jurisdiction. Venue shall be in the State District Courts of Bexar County, Texas with respect to any lawsuit arising out of or construing the terms and provisions of this Agreement. No provision of this Agreement shall constitute consent by suit by any party. IN WITNESS WHEREOF, the parties hereto have executed the foregoing to be effective as of the dates of the Acknowledgments to be effective as of the Effective Date. lmmm� M Exhibit C: Common. Area Landscaping (incl. Perimeter Public Landscaping and Greenspace Public Landscaping) FOMBIBRIJIMINIMRSTEW1 [Signatures and acknowledgments on the,following pages] Signature Page to The Crossvine, Module 2, Unit I This Subdivision Improvement Agreement for The Crossvine, Module 2, Unit Ihas been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. SCHERTZ 1518, LTD., a Texas limited partnership By: MTR-Schertz 1518 Management Company, LLC a Texas limited liability company, its general partner am THE STATE OF TEXAS Christopher K. Price, President This instrument was acknowledged before me on — —1 2022 by Christopher K. Price as President of MTR-Schertz 1518 Management Company, LLC, a Texas limited liability company, the General Partner of SCHERTZ 1518, LTD., a Texas limited partnership, on behalf of said entities. [SEAL] NOTARY PUBLIC, State of Texas My Commission Expires: Print Name: H." Signature Page to Subdivision Improvement Agreement for The Crossvine, Module 2, Unit I This Subdivision Improvement Agreement for The Crmmavtoe, Module 2, lJui1 I has been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. CITY OF SCHERTZ, a Texas municipal corporatil THE STATE [}FTEXAS 8 COUNTY OF GUADALUPE 8 Mark Browne, City Manager This bnabnonunL was acknowledged before me on the day of 2022 by Y�orbBrovvuo,Cby of the /�b U vn[�oboz,Tcxuo`uTnxaa corporation, on behalf of said City. E My Commission Expires: EXHIBIT A Legal Description The Crossvine Module 2, Unit 1, in the City of Schertz, Bexar County, Texas, according to plat thereof recorded in Volume , Pages , Deed and Plat Records of Bexar County, Texas (collectively, the "Property "). E EXHIBIT B Form of Final Plat 10 !Do Do 1 q OR R&S n6R A :11 1 nj ruh H 1 0 S 1 Up"I go tog fE is. w jyj IN Qsl xR ---------- --- — -------- "HEN rcZ 12 01 ii mz �n- o X G Z AA V" M PHU H HN H! Rjun go to! M 15 2 "1 yon E A H SMR D H go T-Ew. nun g 1w PHU nn M Mao M 1 H1 TO 019! 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V 996'OOL 30 2/30NlVW.98 WE On o S � s r H ° MI ° H 1 1111 e _w z ° - , i ado Apo � pa� s III W) LL O N W W S W Q z�o �o Z' o >. Egg ONE ONE g, 2 g j�Z .80'L69 �.00.bb o65N L, - dIHSN3N1NYd 031011 SVX317 w 017 "819t Z1?J3HOS :b9NM0 w o (9#C 'Od '99N I '70/) 0.' V 996'OOL 30 2/30NlVW.98 WE On o S � s r H ° MI ° H 1 1111 e _w z ° - , i ado Apo � pa� s III W) LL O N W W S q EA bi Emil R mpg N WH j 1 URHQ Hon. ON 1 ON M g ad In tugs 1HI U P y HHU H 5; at 1H 0 smog win I i2 1: Egg M Emma 0 n R 0 WHI ;fn ij b AD 6 2 n"IT i its H W US ­P i 1 WAI HI, H A WINK aj H" "1 51 LU OMP a 1 go IHI HHW5 N ENO 41 H in HN Ps rcB 1 > z VMS NUN was R M HN Nf Q S 9-6 Mang is it PH Up UIRS CHU HI . A 32 vH Max Ps 60 1MM, 2 R 4 sky nP.0, i I W :8 Mn no m 'hy"I 0, aim IS If 0 "ph w t i IH wnt Nf, pop VIN a N QH 1 6 in gns jil Una UU MINH Out N 8� � �_ \ (.� seta" / \\ � //� ` a. Tug ph us WE 2 Hn Uj - -- --- NO. 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U1 i o ---------- ----- — --" - - -- -------- -------------------------------------------------------- ----------------- Ln u. co UT (n �, LLz o� < a3 w =gip z 0 in w �w - a 8 Q wow Qua a 0 y yy a ° oo yz <L J 0 3 G w5 bi �O W off' 'o5N tl m w z � y a J o w� 3� a m� r a� e_ _ Z 5 i j LL 2 an to wo hi Mg 5_ NON Hj RN RIM R! 0 m r ° w _ Han e<no �« euo.°n an m ma _moo ma< ...yo _wida� ..do ..zo � 3 o n � a T o m w z LLI 14 His EN I— '_taWrcno Z °3' I Ifni, PT chi WN HE QH w 3 _ was a aaa m p 0 i m I% i 0 �z I 1, ti Oo g b Wv J a 8 a Eh gig a HUM! °o u - w p a M Ron R al m Wool 1z WI_ � W _ r js 1 pzr 0o s � - "� z- o w o m w a o a � C H LL LL V Q 3'u o'er a�e u'�'� C H LL LL V Q z'w o'N o�N C H LL LL V EXHIBIT C Common Area Landscaping IRREVOCABLE STANDBY LETTER OF CREDIT NO. Date: Expiration Date: (+ three years) Schertz, Texas 78154 Attn: City Manager Applicant: Schertz 1,518, Ltd.. 314 E. Commerce, Suite 600 San Antonio, Texas 78205 FOR ff am M- We hereby issue our Irrevocable Standby Letter of Credit No. in your favor up 01 the aggregate amount of USS .00 (_ Thousand Hundr and No/ 100 United States Dollars) ("Stated Amount") available by draft(s) drawn on us at sig marked "Drawn under Irrevocable Standby Letter of Credit No. of Bank, I Texas" accompanied • the following: I m$lll 2. This original Letter of Credit and any amendments thereto (if any). 1. Partial and multiple drawings are permitted however the aggregate amount of all drawings may not exceed the Stated Amount. In the event of a partial drawing, the 12 We hereby engage with you that documents drawn under and in compliance with the tetns of this Irrevocable Standby Letter of Credit will be duly honored if presented for payment to Bank, I , Texas _, Attention: " prior to —.00 p.m. Central Time on or before the expiration date of this Letter of Credit. This Letter of Credit is subject to the International Standby Practices 1998, International Chamber of Commerce Publication No. 590 ("ISP98"), in effect on the date this Letter of Credit is issued, and as to matters not addressed by ISP98 is subject to and governed by Texas State Law and applicable U.S. Federal Law. Bank Name: Title: 13 42 RESOLUTION NO. 22-R-42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A SUBDIVISION IMPROVEMENT AGREEMENT CROSSVINE MODULE 2, UNIT 1, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Landowner desires to defer certain dedication and improvement obligation for Crossvine Module 2, Unit 1; and WHEREAS, pursuant to Section 21.4.15 of the City's Unified Development Code, the obligation to dedicate and construct improvements for the Subdivision may be deferred if an Improvement Agreement is executed and if sufficient surety is provided to secure the obligation to construct the improvements; and WHEREAS, the City staff of the City of Schertz has recommended that the City enter into a Subdivision Improvement Agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the City Manager to enter into a Subdivision Improvement Agreement. BE IT RLSOL1.9 . . I , Section 1. The City Council hereby authorizes the City Manager to execute a Subdivision Improvement Agreement for Crossving Module 2, Unit 1. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 12th day of April, 2022. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Agenda No. 6. CITY COUNCIL MEMORANDUM City Council April 1.2, 2022 Meeting: Department: Executive Team Subject: Resolution No. 22 -R -30 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the acceptance of a warranty deed from Schertz 1518, Ltd. for Lot 1, Block 1 of the Schertz Forest Unit 1 Addition. (M. Browne /B. James) BACKGROUND The developer of The Crossvine, Schertz 1518, Ltd. is proposing to convey to the City of Schertz, Lot 1, block 1 of the Schertz Forest Unit 1 Addition. The property is approximately 1.1 acres and is located to the east of the intersection of Ware Seguin Loop and Ware Seguin Road, with those roads bordering the property to the north and south. It is currently undeveloped. The developer proposed a future phase of The Crossvine, Module 3A, Unit 4, to have street access to Ware Seguin Loop. Staff expressed concern about not connecting this phase directly to Ware Seguin Road. The developer acquired Lot 1, Block 1 of the Schertz Forest Unit 1 addition in order for that connection to be made. As a result of deed restrictions on property, the developer would prefer to convey the property to the City as opposed to including it in part of a plat. The developer is wanting to retain the ability to install and maintain landscaping and signage outside of the future road surface. The developer would construct this section of road with the plat of Module 3A, Unit 4. GOAL To provide for orderly development in the City, including appropriate access and circulation. COMMUNITY BENEFIT Provide for the safer and more efficient flow of traffic in the area. SUMMARY OF RECOMMENDED ACTION Approval of Resolution 22 -R -30 authorizing the City to accept a warranty deed from Schertz 1518, Ltd for Lot 1, Block 1 of the Schertz Forest Unit 1 Addition. FISCAL IMPACT The City is not having to pay to acquire the property but will have to mow it until the future street is constructed. RECOMMENDATION Approval of Resolution 22 -R -30. Attachments G: �!��, I" c1 Deed with retained easement RESOLUTION NO. 22-R-30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A WARRANTY DEED FROM SCHERTZ 1518, LTD. FOR LOT 1, BLOCK 1 OF THE SCHERTZ FOREST UNIT 1 ADDITION IN THE CITY OF SCHERTZ, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Schertz 1518, Ltd. the developer of The Crossvine as part of seeking approval of the master plan of Module 3A, Unit 4 proposed a street connection to Ware Seguin Loop; and WHEREAS, Concerns were expressed by City Staff about the ability of Ware Seguin Loop to handle the anticipated traffic volumes without a substantial negative impact on level of service and safety concerns for the anticipated volume of traffic turning onto Ware Seguin Road from Ware Seguin loop; and WHEREAS, both Schertz 1518, Ltd. and the City agreed that a direct connection from the proposed residential street from Module 3A, Unit 4 to Ware Seguin Road was a preferred alternative; and WHEREAS, Schertz FM 1518, Ltd. was able to acquire Lot 1, Block 1 of the Schertz Forest Unit 1 Addition that is currently undeveloped; and WHEREAS, Schertz FM 1518, Ltd. is proposing to convey this tract to the City with the intent that it be used for future right -of -way to be able to provide better street connections to Ware Seguin Road and to alter or eliminate the western intersection of Ware Seguin Loop and Ware Seguin Road; and WHEREAS, Schertz 1518, Ltd. is retaining the right to construct and maintain landscaping and signage on the property, but outside of any future pavement or utility easements; and WHEREAS, the City Council finds that accepting Lot 1, Block 1 of the Schertz Forest Unit 1 Addition provides for safe mobility options for people who live, work, and visit Schertz, including efficient connections to regional economic activities and other communities; and WHEREAS, the City Council further finds that accepting Lot 1, Block 1 of the Schertz Forest Unit 1 Addition creates and preserves convenient connections between neighborhoods, schools, access to commercial areas, and neighborhood assets to provide alternative routes for short trips for people on bike and on foot and reduce trip lengths overall. NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to accept the conveyance of Lot 1, Block 1 of the Schertz Forest Unit 1 via the Special Warranty Deed with retained easement as attached in Exhibit "A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 12a' day of April, 2022. INiIII•L611ma:hImms Ralph Gutierrez, Mayor RIVE I _ I Brenda Dennis, City Secretary (CITY SEAL) Exhibit A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF BEXAR § THIS SPECIAL WARRANTY DEED AND RESERVATION OF EASEMENT AGREEMENT ( "Deed ") is made and entered into as of this day of , 2022, (the "Effective Date ") by SCHERTZ 1518, LTD., a Texas limited partnership, ( "Grantor ") whose address is , to and in favor of THE CITY OF SCHERTZ, TEXAS, a Texas home rule municipal corporation created and existing under and by virtue of the laws of the State of Texas, situated in Bexar, Comal and Guadalupe County, Texas, ( "Grantee ") whose address is WITNESSETH: That Grantor, for and in consideration of the sum of TEN AND NO /1.00 DOLLARS ($10.00) and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee, all of the following- described real property in Bexar County, Texas, Lots 1, Block 1, of Schertz Forest, Unit 1, in the City of Schertz, Bexar County, Texas, according to plat thereof recorded in Volume 9561, Pages 22, Deed and Plat Records of Bexar County, Texas (collectively, the "Property "). TOGETHER with all the tenements, hereditaments, and appurtenances belonging or in anywise appertaining to the Property, except as otherwise set forth herein. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. The Property is subject to easements, encumbrances, and 1 restrictions of record, but reference thereto shall not serve to reimpose the same; and the easement reserved herein and as set forth in the attached Exhibit A PROVIDED, HOWEVER, that the Property shall be used only for public right -of -way purposes. AND PROVIDED, HOWEVER, that Grantor hereby reserves a permanent, non - exclusive easement over, under, on, upon, through, and across a portion of the Property for purposes of constructing and maintaining subdivision identification, entry and directional signage, including without limitation temporary access by construction vehicles and equipment, by Grantor and Permittees; provided, however, that the specific portion of the Property reserved shall need not be specifically delineated until such time as construction of the public thoroughfare through the Property by Grantee is completed, said reserved portion intended to be outside of the improved throughfare, but visible from the intersection of said thoroughfare with the existing thoroughfare. A. The Easement reserved to Grantor and the Permittees hereby includes, without limitation, the right and duty to: (i) construct the Easement improvements in a manner that does not interfere with, hinder, or prevent the installation, operation, or maintenance of roadways, water lines, wastewater lines, or other utilities; and (ii) maintain the Easement at the sole expense of Grantor including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement free of litter, debris, or trash. B. Grantor shall possess and maintain, at all times during the construction, operation, and maintenance of any improvements within the Easement, 1) worker's compensation insurance in the amount of the Texas Statutory Limit, 2) automobile liability insurance of at least $2,000,000, and 3) general liability insurance in the amount of at least $2,000,000, in order to protect Grantee from any liability, claims, damages, losses, or expenses arising from or out of in any way connected with the construction, operation, or maintenance of any improvements by Grantor within the Property. Grantee shall be listed as an additional insured on the automobile and general liability policies. Each of the above liability policies shall contain a contractual liability endorsement in favor of Grantee and shall provide that Grantee will receive at least sixty (60) days notice prior to termination of coverage. Said insurance shall also be primary, and not contributory, as to any insurance coverage maintained by Grantee. This provision shall survive termination of any easement reserved in favor of Grantor herein to the extent necessary to protect Grantee from liability arising during the term of such easements. Nothing herein operates as a waiver of Grantee's grant of sovereign immunity or the limits of liability established under Texas law. C. Grantor agrees that it shall indemnify, hold harmless, and defend Grantee, its representatives, employees, and elected and appointed officials, from and against all liability, claims, damages, loss, and expenses of any sort including reasonable attorney's fees and costs including appeals, in any way arising out of or resulting from: (i) any tort, intentional action, negligent act, or omission of Grantor, the Permittees, or anyone for whose act or acts either Grantor or the Permittees may be liable, occurring in the Property; 2 or (ii) the construction, operation, or maintenance of any improvements by Grantor within the Property, except to the extent that any such liability, claims, damages, loss, and expenses arise from the negligence or intentional action of Grantee. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple, that Grantor has good right and lawful authority to convey the Property, that Grantor hereby fully warrants the title to the Property, and that Grantor will defend the same against the lawful claims of all persons under Grantor but against none other. This conveyance is made by Grantor and accepted by Grantee subject to the Easement retained herein and any matters of record, to the extent, and only to the extent, that the same may still be in force and effect and applicable to the Property. Payment of ad valorem taxes for the current and future years, if any, shall remain the responsibility of Grantor. [signature pages follow] 3 IN WITNESS WHEREOF Grantor and Grantee have caused this Special Warranty Deed and Reservation of Easements to be executed effective as of the Effective Date. EXECUTED this the THE STATE OF TEXAS day of February, 2022. SCHERTZ 1518, LTD., a Texas limited partnership By: MTR - Schertz 1518 Management Company, LLC a Texas limited liability company, its general partner C Christopher K. Price, President This instrument was acknowledged before me on March , 2021 by Christopher K. Price as President of MTR - Schertz 1518 Management Company, LLC, a Texas limited liability company, the General Partner of SCHERTZ 1518, LTD., a Texas limited partnership, on behalf of said entities. [SEAL] My Commission Expires: L, NOTARY PUBLIC, State of Texas Print Name: GRANTEE CITY OF SCHERTZ, TEXAS a Texas home rule municipality Lo THE STATE OF TEXAS COUNTY OF BEXAR Mark Brown, City Manager This instrument was acknowledged before me on February , 2022 by Dr. Mark Brown as City Manager of the City of Schertz, Texas. [SEAL] My Commission Expires: After recording return to: Schertz 1518, Ltd. 314 E. Commerce, Suite 600 San Antonio, Texas 78205 Attn: Christopher K. Price 5 NOTARY PUBLIC, State of Texas Print Name: EXHIBIT A EXCEPTIONS 1. The following restrictive covenants of record itemized below: Those recorded in/under Volume 16736, Page 1150; Volume 16737, Page 300; Volume 16738, Page 130; Volume 16740, Page 675; Volume 17141, Page 2434, Volume 17643, Page 2424; Volume 17643, Page 2431; Volume 17643, Page 2437; Volume 17788, Page 899; Volume 17788, Page 1455, Volume 18238, Page 67; and Document No. 201080248575, Document No. 20190077089, and Document 2190117479, Official Public Records of Bexar County, Texas; and Volume 20001, Pages 1152 -1157, Deed and Plat Records of Bexar County, Texas. 2. Standby fees, taxes and assessments by any taxing authority for the year 2019, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11. 13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 3. The following matters and all terms of the documents creating or offering evidence of the matters a. Easements and setback lines as shown on plat recorded in Volume 20001, Pages 1152 -1157, Deed and Plat Records of Bexar County, Texas. b. Easements as set out in Article 8 of Declaration recorded in Volume 16736, Page 1150, Official Public Records of Bexar County, Texas. c. Electric Line Right -of -Way Agreement recorded in Volume 3192, Page 461, Real Property Records of Bexar County, Texas. d. Terms, provisions and stipulations as set out in Right of Way Easement to Koch Refining Company recorded in Volume 4661, Page 286, Deed Records of Bexar County, Texas. e. Terms, provisions and stipulations as set out in pipeline easement to Humble Pipe Line Company recorded in Volume 4725, Page 616, Deed Records of Bexar County, Texas. f. Terms, conditions and provisions of Subdivision Improvement Agreement recorded in Document No. 201901.15619, Official. Public Records of Bexar County, Texas. g. All charges, liens, and assessments payable to The Crossvine Master Community, Inc., including that lien to secure the payment thereof, recorded in /under Volume 1.6736, Page 1150; Volume 16740, Page 675; and Volume 1.7643, Page 2424; of the Official Public Records of Bexar County, Texas. no CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Department: Finance Agenda No. 7. Subject: Resolution No. 22 -R -39 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a second round of hazard pay for employees that continued to provide services during the COVID-19 Pandemic Emergency Declaration period. (M. Browne /J. Walters) BACKGROUND The 117th United States Congress passed a $1.9 trillion economic stimulus bill called The American Rescue Plan Act of 2021 ( "ARPA ") which was signed into law by President Biden on March 11, 2021. ARPA will deliver $350 billion for eligible state, local, territorial, and Tribal governments and the City of Schertz will receive a total of $10,417,416.86 from ARPA. This amount will be delivered in two equal disbursements or tranches and will equate to $5,208,708.43 per tranche.There are five categories outlined in ARPA where funds can be spent and per discussion held at the City Council Budget Retreat on August 6, 2021, staff recommends allocating the funds as such. On October 29, 2021, staff received hazard pay equal to $0.50 per scheduled hour worked during the year of the disaster declaration. Employees that were hired after the declaration received a prorated amount to match their contributions during that time period. For example a standard 40 hour per week employee would have received $1,040.00. Fire and EMS employees have more scheduled hours per week and received $1,378 and $1,456 respectively. Overall the program had $41.3,240 in expenditures. Recently the allocations for Category 2 Spending for Business Recovery Grants ended and had $571,500 remaining. Staff proposes to use these remaining funds for a second round of hazard pay for employees using the same criteria as the first round with an estimated total cost of $386,993. This amount is slightly lower than the previously as the City will not pay employees who have since left employment. GOAL The goal of utilizing ARPA funds is to speed up the recovery from the economic and health effects of the COVID -19 pandemic COMMUNITY BENEFIT Increased retention help reduce service delays and increase citizen satisfaction. SUMMARY OF RECOMMENDED ACTION Approval of Resolution. No. 22 -R -39 FISCAL IMPACT These funds are covered fully by the American Rescue Plan Act. RECOMMENDATION Staff recommends approval of Resolution No. 22 -R -39 Attachments Resolution 22 -R -39 RESOLUTION NO. 22 -R -39 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A SECOND ROUND OF HAZARD PAY FOR EMPLOYEES THAT CONTINUED TO PROVIDE SERVICE DURING THE COVID -19 EMERGENCY DECLARATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the 117th United States Congress passed a $1.9 trillion economic stimulus bill called The American Rescue Plan Act of 2021 ( "ARPA ") which was signed into law by President Biden on March 11, 2021; and WHEREAS, ARPA will deliver $350 billion for eligible state, local, territorial, and Tribal governments; and WHEREAS, the City of Schertz paid out a lump sum hazard pay to eligible employees on October 29, 2021; and WHEREAS, the City staff of the City of Schertz has recommended that the City allocate additional funds for employee hazard pay; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize additional hazard pay to employees that continued to provide service during the COVID- 19 Emergency Declaration period. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to pay a second round of hazard pay to eligible employees. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 12th day of April, 2022. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A AGREEMENT 50234811.1 A -1 CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Department: Finance Agenda No. 8. Subject: Resolution No. 22 -R -40 - Consideration and /action approving a Resolution by the City Council of the City of Schertz, Texas authorizing use of American Rescue Plan Act funds for the purchase of a new ambulance. (M. Browne /J. Walters) BACKGROUND The 117th United States Congress passed a $1.9 trillion economic stimulus bill called The American Rescue Plan Act of 2021 ( "ARPA ") which was signed into law by President Biden on March 11, 2021. ARPA will deliver $350 billion for eligible state, local, territorial, and Tribal governments and the City of Schertz will receive a total of $10,417,416.86 from ARPA. This amount will be delivered in two equal disbursements or tranches and will equate to $5,208,708.43 per tranche.There are five categories outlined in ARPA where funds can be spent and per discussion held at the City Council Budget Retreat on August 6, 2021, staff recommends allocating the funds as such. Resolution 21 -R -85 approved on August 24, 2021 outline the ARPA spending plan. Category 3 authorizes the use of funds for municipal purposes up to the amount of revenue the city lost due to the pandemic. Outlined on the council memorandum for Category 3 was the purchase of an ambulance for $251,000.00. Staff recommends City Council authorize the City Manager to use ARPA Funds assigned to Category 3 to purchase a new ambulance. GOAL The goal of utilizing ARPA funds is to speed up the recovery from the economic and health effects of the COVID -19 pandemic COMMUNITY BENEFIT A new ambulance will enhance the Emergency Medical Services fleet ensuring continued reliability and service coverage. SUMMARY OF RECOMMENDED ACTION Approval of Resolution No. 22 -R -40 FISCAL IMPACT This expenditure is covered fully by the ARPA and will not impact city operations or reserves. RECOMMENDATION Staff recommends approval of Resolution No. 22 -R -40 — ------------------------------------------------------ -- ---- -- _7 Attachments Resolution 22 -R -40 Deed RESOLUTION NO. 22 -R -39 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMBULANCE PURCHASE FROM THE AMERICAN RESCUE PLAN ACT FUNDS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the 117th United States Congress passed a $1.9 trillion economic stimulus bill called The American Rescue Plan Act of 2021 ( "ARPA ") which was signed into law by President Biden on March 11, 2021; and WHEREAS, ARPA will deliver $350 billion for eligible state, local, territorial, and Tribal governments; and WHEREAS, the City of Schertz outlined a spending plan for the $5.2 million the city received in the first payment with resolution 21 -R -85; and WHEREAS, the City staff of the City of Schertz has recommended the purchase of an ambulance using funds allocated for Category 3 Lost Public Sector Revenue; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the purchase of an ambulance from ARPA funds. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to purchase an ambulance for $251,000 with ARPA funds in accordance with the expenditure Category 3 approved usage. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 12th day of April, 2022. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A AGREEMENT 50234811.1 A -1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF BEXAR § THIS SPECIAL WARRANTY DEED AND RESERVATION OF EASEMENT AGREEMENT ( "Deed ") is made and entered into as of this day of , 2022, (the "Effective Date ") by SCHERTZ 1518, LTD., a Texas limited partnership, ( "Grantor ") whose address is , to and in favor of THE CITY OF SCHERTZ, TEXAS, a Texas home rule municipal corporation created and existing under and by virtue of the laws of the State of Texas, situated in Bexar, Comal and Guadalupe County, Texas, ( "Grantee ") whose address is WITNESSETH: That Grantor, for and in consideration of the sum of TEN AND NO /1.00 DOLLARS ($10.00) and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee, all of the following- described real property in Bexar County, Texas, Lots 1, Block 1, of Schertz Forest, Unit 1, in the City of Schertz, Bexar County, Texas, according to plat thereof recorded in Volume 9561, Pages 22, Deed and Plat Records of Bexar County, Texas (collectively, the "Property "). TOGETHER with all the tenements, hereditaments, and appurtenances belonging or in anywise appertaining to the Property, except as otherwise set forth herein. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. The Property is subject to easements, encumbrances, and 1 restrictions of record, but reference thereto shall not serve to reimpose the same; and the easement reserved herein and as set forth in the attached Exhibit A PROVIDED, HOWEVER, that the Property shall be used only for public right -of -way purposes. AND PROVIDED, HOWEVER, that Grantor hereby reserves a permanent, non - exclusive easement over, under, on, upon, through, and across a portion of the Property for purposes of constructing and maintaining subdivision identification, entry and directional signage, including without limitation temporary access by construction vehicles and equipment, by Grantor and Permittees; provided, however, that the specific portion of the Property reserved shall need not be specifically delineated until such time as construction of the public thoroughfare through the Property by Grantee is completed, said reserved portion intended to be outside of the improved throughfare, but visible from the intersection of said thoroughfare with the existing thoroughfare. A. The Easement reserved to Grantor and the Permittees hereby includes, without limitation, the right and duty to: (i) construct the Easement improvements in a manner that does not interfere with, hinder, or prevent the installation, operation, or maintenance of roadways, water lines, wastewater lines, or other utilities; and (ii) maintain the Easement at the sole expense of Grantor including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement free of litter, debris, or trash. B. Grantor shall possess and maintain, at all times during the construction, operation, and maintenance of any improvements within the Easement, 1) worker's compensation insurance in the amount of the Texas Statutory Limit, 2) automobile liability insurance of at least $2,000,000, and 3) general liability insurance in the amount of at least $2,000,000, in order to protect Grantee from any liability, claims, damages, losses, or expenses arising from or out of in any way connected with the construction, operation, or maintenance of any improvements by Grantor within the Property. Grantee shall be listed as an additional insured on the automobile and general liability policies. Each of the above liability policies shall contain a contractual liability endorsement in favor of Grantee and shall provide that Grantee will receive at least sixty (60) days notice prior to termination of coverage. Said insurance shall also be primary, and not contributory, as to any insurance coverage maintained by Grantee. This provision shall survive termination of any easement reserved in favor of Grantor herein to the extent necessary to protect Grantee from liability arising during the term of such easements. Nothing herein operates as a waiver of Grantee's grant of sovereign immunity or the limits of liability established under Texas law. C. Grantor agrees that it shall indemnify, hold harmless, and defend Grantee, its representatives, employees, and elected and appointed officials, from and against all liability, claims, damages, loss, and expenses of any sort including reasonable attorney's fees and costs including appeals, in any way arising out of or resulting from: (i) any tort, intentional action, negligent act, or omission of Grantor, the Permittees, or anyone for whose act or acts either Grantor or the Permittees may be liable, occurring in the Property; 2 or (ii) the construction, operation, or maintenance of any improvements by Grantor within the Property, except to the extent that any such liability, claims, damages, loss, and expenses arise from the negligence or intentional action of Grantee. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple, that Grantor has good right and lawful authority to convey the Property, that Grantor hereby fully warrants the title to the Property, and that Grantor will defend the same against the lawful claims of all persons under Grantor but against none other. This conveyance is made by Grantor and accepted by Grantee subject to the Easement retained herein and any matters of record, to the extent, and only to the extent, that the same may still be in force and effect and applicable to the Property. Payment of ad valorem taxes for the current and future years, if any, shall remain the responsibility of Grantor. [signature pages follow] 3 IN WITNESS WHEREOF Grantor and Grantee have caused this Special Warranty Deed and Reservation of Easements to be executed effective as of the Effective Date. EXECUTED this the THE STATE OF TEXAS day of February, 2022. SCHERTZ 1518, LTD., a Texas limited partnership By: MTR - Schertz 1518 Management Company, LLC a Texas limited liability company, its general partner C Christopher K. Price, President This instrument was acknowledged before me on March , 2021 by Christopher K. Price as President of MTR - Schertz 1518 Management Company, LLC, a Texas limited liability company, the General Partner of SCHERTZ 1518, LTD., a Texas limited partnership, on behalf of said entities. [SEAL] My Commission Expires: L, NOTARY PUBLIC, State of Texas Print Name: GRANTEE CITY OF SCHERTZ, TEXAS a Texas home rule municipality Lo THE STATE OF TEXAS COUNTY OF BEXAR Mark Browne, City Manager This instrument was acknowledged before me on February , 2022 by Dr. Mark Brown as City Manager of the City of Schertz, Texas. [SEAL] My Commission Expires: After recording return to: Schertz 1518, Ltd. 314 E. Commerce, Suite 600 San Antonio, Texas 78205 Attn: Christopher K. Price 5 NOTARY PUBLIC, State of Texas Print Name: EXHIBIT A EXCEPTIONS 1. The following restrictive covenants of record itemized below: Those recorded in/under Volume 16736, Page 1150; Volume 16737, Page 300; Volume 16738, Page 130; Volume 16740, Page 675; Volume 17141, Page 2434, Volume 17643, Page 2424; Volume 17643, Page 2431; Volume 17643, Page 2437; Volume 17788, Page 899; Volume 17788, Page 1455, Volume 18238, Page 67; and Document No. 201080248575, Document No. 20190077089, and Document 2190117479, Official Public Records of Bexar County, Texas; and Volume 20001, Pages 1152 -1157, Deed and Plat Records of Bexar County, Texas. 2. Standby fees, taxes and assessments by any taxing authority for the year 2019, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11. 13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 3. The following matters and all terms of the documents creating or offering evidence of the matters a. Easements and setback lines as shown on plat recorded in Volume 20001, Pages 1152 -1157, Deed and Plat Records of Bexar County, Texas. b. Easements as set out in Article 8 of Declaration recorded in Volume 16736, Page 1150, Official Public Records of Bexar County, Texas. c. Electric Line Right -of -Way Agreement recorded in Volume 3192, Page 461, Real Property Records of Bexar County, Texas. d. Terms, provisions and stipulations as set out in Right of Way Easement to Koch Refining Company recorded in Volume 4661, Page 286, Deed Records of Bexar County, Texas. e. Terms, provisions and stipulations as set out in pipeline easement to Humble Pipe Line Company recorded in Volume 4725, Page 616, Deed Records of Bexar County, Texas. f. Terms, conditions and provisions of Subdivision Improvement Agreement recorded in Document No. 201901.15619, Official. Public Records of Bexar County, Texas. g. All charges, liens, and assessments payable to The Crossvine Master Community, Inc., including that lien to secure the payment thereof, recorded in /under Volume 1.6736, Page 1150; Volume 16740, Page 675; and Volume 1.7643, Page 2424; of the Official Public Records of Bexar County, Texas. no Agenda No. 9. CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Department: Planning & Community Development Subject: Ordinance No. 22 -S -15 - Consideration and /or action on a request for a Specific Use Permit to allow a convenience store with gas pumps on approximately 2.7 acres of land, more specifically described as the northwest corner of IH -35 and Cibolo Valley Drive, also known as Guadalupe County Property Identification Number 62840, City of Schertz, Guadalupe County, Texas. Final Reading (B. James /L. Wood/M. Harrison) BACKGROUND Owner: QT South, LLC/ JD Dudley- Project Manager Project Engineer: Kimley Horn/ Aaron Parencia P.E. Four (4) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on February 25, 2022, and a Public Hearing Notice was published in the "San Antonio Express" on March 16, 2022, prior to the City Council Public Hearing. At the time of this staff report, Staff has received zero responses in relation to the Specific Use Permit. GOAL The goal is to approve a Specific Use Permit in order to allow for a convenience store with gas pumps on approximately 2.7 acres of land. COMMUNITY BENEFIT The community benefit is to promote safe, orderly, efficient development and bring about the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION The applicant is requesting a Specific Use Permit to allow a convenience store with gas pumps on approximately 2.7 acres of land, more specifically described as the northwest corner of IH -35 and Cibolo Valley Drive extension / Hal Baldwin Avenue extension, Guadalupe County, Texas. The roadway that extends north from 35 will be known as the Hal Baldwin Avenue. It is illustrated on the site plan as Hal Baldwin Avenue and approved by the Schertz GIS Department. However, since this street name is not commonly known the notice and the subject line for this item references Cibolo Valley Drive in order to better describe the location. The subject property is currently undeveloped, vacant land. The proposed development includes an approximately 5,300 square foot convenience store with 1.6 total gas pumps under one (1) canopy. Access to the site is proposed to be from the frontage road of 35 and the second access point from Hal Baldwin Avenue / Cibolo Valley Drive. The property is currently zoned General Business (GB). The Comprehensive Land Use Plan, through the North Schertz Sector Plan, identifies this area as Highway Commercial. The Highway Commercial land use designation is intended to allow large format retail with restaurants and entertainment uses or mid -rise office buildings, and may also include lodging and related uses. The Highway Commercial land use designation is located at major highway intersections to maximize access to the region. The proposed convenience store with gas pumps fits the retail land use desired in Highway Commercial designated areas. This business can take advantage of its proximity to IH -35, as it is a highway /transportation oriented business and is dependent on the traffic generated on the highway. The proposed convenience store with gas pumps is compatible with the Highway Commercial land use designation, and therefore the proposed SUP is generally in conformance with the Comprehensive Land Use Plan, through the North Schertz Sector Plan. • Architectural Standards: Schertz Unified Development Code (UDC) Section 21.9.5 requires all non - residential buildings to comply with the architectural feature requirements; the proposed convenience store complies with the minimum required horizontal and vertical articulations. • Parking: The proposed parking areas meet all current regulations within UDC Article 10; the site will provide forty -four (44) parking spaces sized at 10'x 20'. • Screening requirements: The site has satisfied the minimum screening requirements for the location. The trash receptacle will be constructed of a masonry material with metal gates that meet the minimum requirements. • Landscaping: The proposed site plan will meet all requirements outlined in UDC Section 21.9.7. The applicant is proposing to install 69 total shade trees, including 16 Southern Live Oak, and 53 Cedar Elms, all of which are proposed to be 3" caliper DBH. • Access and circulation: Access to the site is proposed to be through two (3) access points: two (2) right -in /right -out driveway onto the frontage road of 35, and one (1) driveway onto the extension of Hal Baldwin Avenue. The associated Site Plan and Traffic Impact Analysis Study have been reviewed and approved by both the City of Schertz Engineering Department and the Texas Department of Transportation (TxDOT). FISCAL IMPACT None RECOMMENDATION Due to the limited adverse impact on adjacent development and the compatibility between the proposed land use and the Comprehensive Land Use Plan, Staff recommends approval of the Specific Use Permit to allow a convenience store with gas pumps at the subject property conditioned upon the following: • A building permit is approved within one year of the adoption of the SUP Ordinance; and • The use begins operation within two years of the issuance of the necessary building permit(s). The Planning and Zoning Commission held a public hearing on March 9, 2022, where they made a recommendation to the City Council with a vote of 6 -0. The City Council held a public hearing on April 5, 2022, where they made a recommendation to approve the Specific Use Permit with a vote of 5 -0. Attachments Ordinance 22 -S -15 Public Hearing Notice Map Specific Use Permit Exhibit Conceptual Site Plan ORDINANCE NO. 22-S-15 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS ON APPROXIMATELY 2.7 ACRES OF LAND, MORE SPECIFICALLY DESCRIBED AS THE NORTHWEST CORNER OF THE INTERSECTION BETWEEN INTERSTATE HIGHWAY 35 AND CIBOLO VALLEY DRIVE, ALSO KNOWN AS PROPERTY IDENTIFICATION NUMBER 628409 CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. WHEREAS, an application for Specific Use Permit to allow a convenience store with gas pumps, more particularly described in Exhibit A attached hereto and incorporated herein by reference, as the northwest comer of the intersection between Interstate Highway 35 and Cibolo Valley Drive, (hereinafter, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.1I.E. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested specific use permit (the "Conditions "); and WHEREAS, on March 9, 2022, the Planning and Zoning Commission conducted a Public Hearing and, after considering the Conditions, hereby makes a recommendation of approval of a Specific Use Permit for a convenience store with gas pumps; and WHEREAS, on April 5, 2022, the City Council conducted a Public Hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested Specific Use Permit be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. A Specific Use Permit for the northwest corner of the intersection between Interstate Highway 35 and Cibolo Valley Drive, more particularly described in the attached Exhibit A, is hereby approved to allow a convenience store with gas pumps conditioned upon the following occurring: a) A building permit is approved within one year of the adoption of this ordinance; and b) The use begins operation within two years of the issuance of the necessary building permit(s). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 5th day of April, 2022. PASSED, APPROVED AND ADOPTED on final reading the 12th day of April, 2022. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) 18411 IH35N 18411 (68306) IH 35 N (68307) 18407 IH 35 N c u (6831) Goya` GO e IH 35 N uda�up (148816) G y Gpu� IH 35 N (62840) r. N'y SC HIE U/ d C(`iiUMUNITY-SERVICE +OPPORTUNITY Fib P W�1 /wE P 1w s Q P N M n L N O N N 0 N — \ N N N 0 o K J Q 0) — Iq 0) N N 0 N l \ J N \ 0 W Q — V) H U a o: Lv — 0 x Lij i G 0 c O m C — O O U 0 z F 0 O N w Q z _ CO 3 E i c O CD C O a O z D O 0 N OL to — x W /c / O C3 I rn w O Br7 6) O O U I _ Q Z In / Y Z o A Q U O J W J Ll- _ 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 wIRF- SAG -- J 1 SO'-- ( -. C C% POD DD P PROJECT CONTACT 1ST: '� - -------- EXISTING GENERAL BUSINESS (GB) 2.66 PROPOSED JACOB DECORDO A SURVEY NO. 514 2.66 Kimsey > >> Horn X Cng;r- RACHEI M. ABSTRACT 134 GO / — SURVEYOR OF RECORD QT REAL ESTATE PROJECT MANAGER COMAL COUNTY Rox�MA'E 000 MATKIN HOOVER QUIKTRIP CORPORATION ,--I PPP U KYLE PRESSLER JD DUDLEY ? — 8 SPENCER RD, STE. 300 742 NW LOOP 410 STE. 102 0 S17 \K oY BOERNE, TX 78006 SAN ANTONIO, TX, 78216 CIO/ 0 U) ao "I .. z . TEL:(830) 249 -0600 TEL:(469) 766 -8331 O O; N =Z Q�z f ENGINEER OF RECORD QT CIVIL PROJECT MANAGER L oo¢TRW KIMLEY HORN QUIKTRIP CORPORATION A,1 RACHEL ROBERTS, P.E. WADE RICHARDSON E LINE`@ PORE= 2213 D SITE LEGEND BOUNDARY LINE CONCRETE CURB AND GUTTER EXISTING GUARD RAIL ----------------------------------------------------- u 9 t -- - - - - -- --- - - - - -- EXISTING UNDERGROUND COMMUNICATION LINE ohe EXISTING OVERHEAD ELECTRIC LINE --- // - -- -// - //---- - - - - -- EXISTING FENCE MAJOR CONTOUR (EXISTING) 601 NW LOOP 410 STE. 350 4705 SOUTH 129TH EAST AVE ,8 \� \ `\ MINOR CONTOUR (EXISTING) SAN ANTONIO, TX, 78216 TULSA, OK 74134 N TEL:(210) 762 -5289 TEL: (918) 615 -7942 - \ o \ --- - - - - -- -- ------ ------------------------------------- _ NOTES: PROPERTY OWNER � � �' � \ � N' %.'S. 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL HARTMANN LAND & CATTLE CO LTD % C \ �4. 9 48091CO440F, DATED 9/2/2009, IS LOCATED IN ZONE X VOIGT MARVIN R & KLABUNDE MELVA \ �` / \ AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. 18953 IH 35 N A SCHERTZ, TX, 78154 \ POC: LARRY HARTMANN TEL: 830- 554 -0229 PORTION Of A CALLED 134.04 ACRES � � � POC: KEITH KLABUNDE � DE SCR /BED IN `WIRESAG =1316 (VOl- 127, PC 55, C R. C C O TEL: (830)560 -1978 �' �l / �° � � � zoNED: GB (GENERAL BUSINESS) Ef`A rND & CATTLE CO., LTD., ET AL � _ \ CULLED 6.0401 ACRE \l DEBORAH C. HOLLINGSWOR7 ET AL �\ \ (DOCUMENT NO. 200006020227 C C C P.1?j EXISTING AND PROPOSED ZONING DIVISION: ZONING ACREAGE EXISTING GENERAL BUSINESS (GB) 2.66 PROPOSED GENERAL BUSINESS (GB) 2.66 ` 200 NOTIFICATION BOUNDARY O \ ` POIN k OWNER: HARTMANN LAND & CATTLE CO., LTD., ET AL LAND USE: UNDEVELOPED W/RFF O POLE = 26 94' 4. ZONING: GB (GENERAL BUSINESS) �, Q OWNER: DEBORAH G. HOLLINGSWORTN >ET AL \ SUBDIVISION: N/A o ! -'\ - o LAND USE: SMALL BUSINESS \ —% RECORD DOCUMENT:(VOL. 127, PG. 55, D.R.C.C.) s ` �/ / ZONING: GB (GENERAL BUSINESS) 9 - QO SUBDIVISION: N/A RECORD DOCUMENT: (VOL. 1528, PG. 876, G.C.O.P.R) 200' NOTIFICATION BOUNDARY \ �6�6; -- - -- - -� � � �CA-- �7.0000 ACRE OWNER: HARTMANN LAND & CATTLE CO., LTD., ET AL — — 54� DEBORAH G. H(Jl.L7b*SRPORTH, L_7- AL. (VOL 1528, PG. 76, G. C 0. P. R. � � � LAND USE: UNDEVELOPED � � � � '` G. ) ZONING: GB (GENERAL BUSINESS) - WIRE SAG = 10 7B' SUBDIVISION: N/A F 0�� / RECORD DOCUMENT: (VOL. 127, PG. 55, D.R.C.C) �. `" o 7 ��,,,� / JACOB DECOROOVA 0 v 0 SURVFY N0. 514 �� 'W,RESAG -2209' 200' NOTIFICATION BOUNDARY l ABS7RACT 117 - o , R / GUADAL UPS COUNTY = / - PO/lV -�O 'C, I PORTION OF A CALLED 134.04 ACRES M o 23542 \\\ °Y� DESCRIBED IN �� �g �' 3 > ��` OWNER: DEBORAH G HOLLINGSWORTH, ET AL (VOL. 127, PG. 55, D. R. C.C.> zI Tx0.0.T f LAND USE: UNDEVEL PED PORTION OF A CALLED 134.04 ACRES TYPE Iii Mon! ZONING: GB GENERAL BUSINESS °O DESCRIBED IN HARTMANN LAND & CA TTLE CO., L TD., ET AL CUR C NC e %� ( ) / 25 MPH 1AP (AOL 127 PG 55, D. 7.CC.) 209.33' ('p / SUBDIVISION: N/A HARTMANN �` CATTLE ALBS /NEs2) — — S41�„ — W,RE @POLE 21.97 ;RECORD DocUME T: (DOC. NO. SITE ANALYSIS TABLE ( NE co., LTD., ET AL �- _, 200006020227, .C.O.P.R) v _ QT 4033 CALLED .0401 A CRE O / DEBORAH G. H L ORTH, ET AL 1 /NGSW EXISTING ZONING GB - GENERAL BUSINESS O / (DOCUMENT %�C 200006020227, PROPOSED USE: DEVELOPED AREA CONVENIENCE STORE WITH GAS PUMPS i 1 N / WM C.(.0.P.R.( n / _ PROPOSED USE: SURPLUS LOT COMMERCIAL PA° / PAD " o ° �- — DEVELOPED LOT AREA 115,850 SQ FT / 2.66 ACRES oU / ° _ BUILDING AREA 5,300 SQ FT - �o ez� OWNER: KRAFT BERNICE ESTATE --__ _ ✓ WIRE SAG = IRso N ���_ LAND USE: U EVELOPED BUILDING HEIGHT 20' -0° 04 I / 0� �' oR >ve ZONING: GB ( ENERAL BUSINESS) FINISHED FLOOR ELEVATION 867,50 SUBDIVISION: /N/A TOTAL PAVEMENT AREA 65,116 SF 2.66 ACRES 0 PAD G RECORD DOJUMENT: (VOL. 298, PG. 556, G.C.D.R.) REQUIRED PROVIDED h /� / \ Nc TOTAL PARKING 20 44 'i L WIRE SAG �oDs �, � 6 i wvxa --_ -- Y� 1 N � 115, 850 SQUARE FEET - 5 s; PAD P - ACCESSIBLE 2 ELEC I "' a ZONED GB (GENERAL BUSINESS) CALLED O. J48 ACRES TRUCK PARKING 0 O - TRANSMISSION 00 � TXD. 0. T. Coro 9 TCI TE O I LXA�S - - - - - - - - - E I TYPE !l MO PAZ (OL. 7 788, PG. 643, I PARKING REQUIRED FOR CONVENIENCE STORE /GAS SALES ARE 1 G. C. 0. P. R.( SPACE PER 250 S.F. GROSS FLOOR AREA. V I r TxD.0.T' RF.MAIND4 OF A CALLED TYPE # MO GUR�E2 �/ - - 00 ACFI'ES S. �� ��cONC. L. 298, P O3 I Y roc o z1' �� �� �� 4LL D 1. 192 ACRES 55bTE aonoM = 4025 �ti nj) STATE OF 7E SAS / / o h o LAD KR T 3ER VTCE ES � � CATWALK - 36, 44 I G. C. D. RT 5 Os Q (VOL. 11 f 8, FG. 65R I WIRE @ PO /F -- 2872' Bl/LBOARLE �� C C. 0. ?z21' I ' EM _ - - - -- PROPOSE CRFS . � - ro iurRE �� '�� Posr' ° I BILLBOARD WIRE SAG -' SAG (� / NO SIGN CONC , / , -, ., TOP = 5J87' CATWALK - -- JssT 2e n' J PAD WIRE Sac 26.45' _ - -- OSED 0.7C77 A - -- - - - -- UNDERGROUJ WATER LINE SHOWN BOTTOM J9,90, PARCEL 2.9 WAS SEALED IN FROM CITY Of TXD. O. T C 56,14' / t0 Sl /ERTZ LI lIY MAP AND FIELD WIPE @POLE = 5654' ` WIRE @POLE 4047' LOG EO EVIDENCE WARIVIN! 7,5,50 WIRE SAG 22 37" TOP WIRE @ POLE 57„ 5,q' aOTTOM WIRE @POLE 25 65 l OTTOM WIRE @ PO F = ZE 73' WIRE @POLE' - ,5099' _ SUf7fE RRANEAN TYPE !l M N. F WIRE @ PINE 4136 WIRE SAG _ 21, R WIRE Cl POIE 2217' UNOFRGROUIVS 78 93' / BOTTOM WIRE @ PO E 25.24' 399.37' I WIRE SAG 20, 13' BOTTOM WIRE @ POLE 2276 CAHIE TxD. 0. T WARN /NG wIRE SAG = 2J. J5' P. O. B - �, h� - �R?r� " " "' - TxD. u. 1. O h e — e h eItc EiBFRU7E " BURNED , RISER S37. 45' S3 W O —C — -- — - _� TYPE /l YOI�.. FiReR OPTiO _ X2 .1 G_ O h e �7� CABLE.S4 1 • 46 08 w O 1 C t — PED L i pE // lL!� 0F' — O h e `D h --� , 0 e IC —O e_ ' — — _ -. ...-- -- W POST "., sL. e.. —.—_ rooERCaouNO � A7T � - END DO NOT U Q f o___ ENTER/ --- oPric sHOwN _ n U _ --w-�. r2"wL — — EE f U 0 FIBER -OPTIC LINE s aOWN — w r � _ CALLED ACRL � a 526.6 1 A EAD CONC r Fieca- -_ J 90 POST° D I ONE WAY) pJNO 5/GN '✓A- SCALED //V FROM "DERL /GH7" Ur /[ /ry r w�r - POSY f _ PAD 7 NO 5/GN -Z (J7 NO S'/CN GONG P OC AdAP AND F/CL, LOCATE, EVIDENCE ------- _ - - - -- W t �� O 5 L P WAS SCP,LF�'l,1 IN F'770M F/RERLIGHT' 077IlTY- _ - p - _,- .-= j2 „�rt/rcONC YIELD MAP AND EILLD LOCnr Ewo NOS --. -. STATE OF 7E VAS - — 302.98'- � -P _- wtr PAD T ---- u -� sOU� STRIPE - — — — = —�— (�O(_.. 7 7 B8 G. 650, G. C O P. R. J — — — - u/ — — — — N souD WHITE 57RIPE �-- _ m DASHED WHITE 57R /PE U N � DASHED -' -- - - ---- . -.-. -. _ -_ -��' I-ST - '_ - --- _ SOUS YELLOW STRIPE - - - - - -- - - - - - - -- -- - - - - -- - - - - -- SOIID YFLIOW SPGHE^ o _ "SOL /0 YELLOW STRIPE __— ----- ... - - -- -- - - - - -. _.... - - - - - -- - -- -_ - -.- -. STRIPE ---- - ---._. - ._. -._. __- WHITE STR/F'fi sOLID WHITE.--- - __ .. -- '< WRONG _ ..--. ._ .. ,. - - - - - -- DO NOT - - _ -- ---- - -_ - --- UNDERGROUND W47FR /. /NE” SHOWN - WAY - By 101, DO NOT' __ - i # ENTER/ ' EN BY 100 s7OR WAS SCALED IN FROM CITY OF - - -_ - ONE WAY. SHERTZ UTIUJ'Y MAP AND F/G'LD I - � .� /% __ .ONI. WAY LOCATED EwOnmlcE lNTEF+'STA7E HlG'f-fWAY 35 -- VARIABLE WIDTH R. 0. W ------ RCS.✓. N0. I 0017- 10- 27SIO016 07 -73 10016 -06- 71410016 05 -777 `T5 ' O� O \ I 4-- — — ------ _ �.. ----------- -''- ---�--------- ----- -- --- ----�- 200 NOTIFICATION BOUNDARY O� O 60 30 0 60 120 IP: NWC IH -35 & CIBOLO VALLEY DRIVE 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 fn DIVISION: Q PRELIMINARY FOR REVIEW ONLY O Not for construction purposes. Kimsey > >> Horn X Cng;r- RACHEI M. ROBERTS — P F No 137494 DAt,, 2/22/2022 0. 000 P PROJECT NO.: 069304919 ,--I C U Lm ? — LU W 0 �o V MC_D�0 U)W 0 U) ao "I .. z . O O; N =Z Q�z w N L oo¢TRW L9Z< — E �O � z Y z o_ a 0 U M fn DIVISION: VERSION: 001 M DRAWN BY: RMR REVIEWED BY: AKP O z X O L M w � z �N 0. 000 LU 2 ■ L ,--I to N CY © COPYRIGHT QUIKTRIP CORPORATION 2011 ANY UNAUTHORIZED USE, REPRODUCTION, PUBLICATION, DISTRIBUTION, OR SALE IN WHOLE OR IN PART, IS STRICTLY FORBIDDEN. PROTOTYPE: P -104 (11/01/20) DIVISION: VERSION: 001 DESIGNED BY: RMR DRAWN BY: RMR REVIEWED BY: AKP N N \ O N L N Ce U W Q Q LU a W o W V) L K J G I E D C Q P N M n L N O N N 0 N — \ N N N 0 o K J Q 0) — Iq 0) N N 0 N l \ J N \ 0 W Q — V) H U a o: Lv — 0 x Lij i G 0 c O m C — O O U 0 z F 0 O N w Q z _ CO 3 E i c O CD C O a O z D O 0 N OL to — x W /c / O C3 I rn w O Br7 6) O O U I _ Q Z In / Y Z o A Q U O J W J Ll- _ 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 wIRF- SAG -- J 1 SO'-- ( -. C C% POD DD P PROJECT CONTACT 1ST: '� - -------- EXISTING GENERAL BUSINESS (GB) 2.66 PROPOSED JACOB DECORDO A SURVEY NO. 514 2.66 Kimsey > >> Horn X Cng;r- RACHEI M. ABSTRACT 134 GO / — SURVEYOR OF RECORD QT REAL ESTATE PROJECT MANAGER COMAL COUNTY Rox�MA'E 000 MATKIN HOOVER QUIKTRIP CORPORATION ,--I PPP U KYLE PRESSLER JD DUDLEY ? — 8 SPENCER RD, STE. 300 742 NW LOOP 410 STE. 102 0 S17 \K oY BOERNE, TX 78006 SAN ANTONIO, TX, 78216 CIO/ 0 U) ao "I .. z . TEL:(830) 249 -0600 TEL:(469) 766 -8331 O O; N =Z Q�z f ENGINEER OF RECORD QT CIVIL PROJECT MANAGER L oo¢TRW KIMLEY HORN QUIKTRIP CORPORATION A,1 RACHEL ROBERTS, P.E. WADE RICHARDSON E LINE`@ PORE= 2213 D SITE LEGEND BOUNDARY LINE CONCRETE CURB AND GUTTER EXISTING GUARD RAIL ----------------------------------------------------- u 9 t -- - - - - -- --- - - - - -- EXISTING UNDERGROUND COMMUNICATION LINE ohe EXISTING OVERHEAD ELECTRIC LINE --- // - -- -// - //---- - - - - -- EXISTING FENCE MAJOR CONTOUR (EXISTING) 601 NW LOOP 410 STE. 350 4705 SOUTH 129TH EAST AVE ,8 \� \ `\ MINOR CONTOUR (EXISTING) SAN ANTONIO, TX, 78216 TULSA, OK 74134 N TEL:(210) 762 -5289 TEL: (918) 615 -7942 - \ o \ --- - - - - -- -- ------ ------------------------------------- _ NOTES: PROPERTY OWNER � � �' � \ � N' %.'S. 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL HARTMANN LAND & CATTLE CO LTD % C \ �4. 9 48091CO440F, DATED 9/2/2009, IS LOCATED IN ZONE X VOIGT MARVIN R & KLABUNDE MELVA \ �` / \ AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. 18953 IH 35 N A SCHERTZ, TX, 78154 \ POC: LARRY HARTMANN TEL: 830- 554 -0229 PORTION Of A CALLED 134.04 ACRES � � � POC: KEITH KLABUNDE � DE SCR /BED IN `WIRESAG =1316 (VOl- 127, PC 55, C R. C C O TEL: (830)560 -1978 �' �l / �° � � � zoNED: GB (GENERAL BUSINESS) Ef`A rND & CATTLE CO., LTD., ET AL � _ \ CULLED 6.0401 ACRE \l DEBORAH C. HOLLINGSWOR7 ET AL �\ \ (DOCUMENT NO. 200006020227 C C C P.1?j EXISTING AND PROPOSED ZONING DIVISION: ZONING ACREAGE EXISTING GENERAL BUSINESS (GB) 2.66 PROPOSED GENERAL BUSINESS (GB) 2.66 ` 200 NOTIFICATION BOUNDARY O \ ` POIN k OWNER: HARTMANN LAND & CATTLE CO., LTD., ET AL LAND USE: UNDEVELOPED W/RFF O POLE = 26 94' 4. ZONING: GB (GENERAL BUSINESS) �, Q OWNER: DEBORAH G. HOLLINGSWORTN >ET AL \ SUBDIVISION: N/A o ! -'\ - o LAND USE: SMALL BUSINESS \ —% RECORD DOCUMENT:(VOL. 127, PG. 55, D.R.C.C.) s ` �/ / ZONING: GB (GENERAL BUSINESS) 9 - QO SUBDIVISION: N/A RECORD DOCUMENT: (VOL. 1528, PG. 876, G.C.O.P.R) 200' NOTIFICATION BOUNDARY \ �6�6; -- - -- - -� � � �CA-- �7.0000 ACRE OWNER: HARTMANN LAND & CATTLE CO., LTD., ET AL — — 54� DEBORAH G. H(Jl.L7b*SRPORTH, L_7- AL. (VOL 1528, PG. 76, G. C 0. P. R. � � � LAND USE: UNDEVELOPED � � � � '` G. ) ZONING: GB (GENERAL BUSINESS) - WIRE SAG = 10 7B' SUBDIVISION: N/A F 0�� / RECORD DOCUMENT: (VOL. 127, PG. 55, D.R.C.C) �. `" o 7 ��,,,� / JACOB DECOROOVA 0 v 0 SURVFY N0. 514 �� 'W,RESAG -2209' 200' NOTIFICATION BOUNDARY l ABS7RACT 117 - o , R / GUADAL UPS COUNTY = / - PO/lV -�O 'C, I PORTION OF A CALLED 134.04 ACRES M o 23542 \\\ °Y� DESCRIBED IN �� �g �' 3 > ��` OWNER: DEBORAH G HOLLINGSWORTH, ET AL (VOL. 127, PG. 55, D. R. C.C.> zI Tx0.0.T f LAND USE: UNDEVEL PED PORTION OF A CALLED 134.04 ACRES TYPE Iii Mon! ZONING: GB GENERAL BUSINESS °O DESCRIBED IN HARTMANN LAND & CA TTLE CO., L TD., ET AL CUR C NC e %� ( ) / 25 MPH 1AP (AOL 127 PG 55, D. 7.CC.) 209.33' ('p / SUBDIVISION: N/A HARTMANN �` CATTLE ALBS /NEs2) — — S41�„ — W,RE @POLE 21.97 ;RECORD DocUME T: (DOC. NO. SITE ANALYSIS TABLE ( NE co., LTD., ET AL �- _, 200006020227, .C.O.P.R) v _ QT 4033 CALLED .0401 A CRE O / DEBORAH G. H L ORTH, ET AL 1 /NGSW EXISTING ZONING GB - GENERAL BUSINESS O / (DOCUMENT %�C 200006020227, PROPOSED USE: DEVELOPED AREA CONVENIENCE STORE WITH GAS PUMPS i 1 N / WM C.(.0.P.R.( n / _ PROPOSED USE: SURPLUS LOT COMMERCIAL PA° / PAD " o ° �- — DEVELOPED LOT AREA 115,850 SQ FT / 2.66 ACRES oU / ° _ BUILDING AREA 5,300 SQ FT - �o ez� OWNER: KRAFT BERNICE ESTATE --__ _ ✓ WIRE SAG = IRso N ���_ LAND USE: U EVELOPED BUILDING HEIGHT 20' -0° 04 I / 0� �' oR >ve ZONING: GB ( ENERAL BUSINESS) FINISHED FLOOR ELEVATION 867,50 SUBDIVISION: /N/A TOTAL PAVEMENT AREA 65,116 SF 2.66 ACRES 0 PAD G RECORD DOJUMENT: (VOL. 298, PG. 556, G.C.D.R.) REQUIRED PROVIDED h /� / \ Nc TOTAL PARKING 20 44 'i L WIRE SAG �oDs �, � 6 i wvxa --_ -- Y� 1 N � 115, 850 SQUARE FEET - 5 s; PAD P - ACCESSIBLE 2 ELEC I "' a ZONED GB (GENERAL BUSINESS) CALLED O. J48 ACRES TRUCK PARKING 0 O - TRANSMISSION 00 � TXD. 0. T. Coro 9 TCI TE O I LXA�S - - - - - - - - - E I TYPE !l MO PAZ (OL. 7 788, PG. 643, I PARKING REQUIRED FOR CONVENIENCE STORE /GAS SALES ARE 1 G. C. 0. P. R.( SPACE PER 250 S.F. GROSS FLOOR AREA. V I r TxD.0.T' RF.MAIND4 OF A CALLED TYPE # MO GUR�E2 �/ - - 00 ACFI'ES S. �� ��cONC. L. 298, P O3 I Y roc o z1' �� �� �� 4LL D 1. 192 ACRES 55bTE aonoM = 4025 �ti nj) STATE OF 7E SAS / / o h o LAD KR T 3ER VTCE ES � � CATWALK - 36, 44 I G. C. D. RT 5 Os Q (VOL. 11 f 8, FG. 65R I WIRE @ PO /F -- 2872' Bl/LBOARLE �� C C. 0. ?z21' I ' EM _ - - - -- PROPOSE CRFS . � - ro iurRE �� '�� Posr' ° I BILLBOARD WIRE SAG -' SAG (� / NO SIGN CONC , / , -, ., TOP = 5J87' CATWALK - -- JssT 2e n' J PAD WIRE Sac 26.45' _ - -- OSED 0.7C77 A - -- - - - -- UNDERGROUJ WATER LINE SHOWN BOTTOM J9,90, PARCEL 2.9 WAS SEALED IN FROM CITY Of TXD. O. T C 56,14' / t0 Sl /ERTZ LI lIY MAP AND FIELD WIPE @POLE = 5654' ` WIRE @POLE 4047' LOG EO EVIDENCE WARIVIN! 7,5,50 WIRE SAG 22 37" TOP WIRE @ POLE 57„ 5,q' aOTTOM WIRE @POLE 25 65 l OTTOM WIRE @ PO F = ZE 73' WIRE @POLE' - ,5099' _ SUf7fE RRANEAN TYPE !l M N. F WIRE @ PINE 4136 WIRE SAG _ 21, R WIRE Cl POIE 2217' UNOFRGROUIVS 78 93' / BOTTOM WIRE @ PO E 25.24' 399.37' I WIRE SAG 20, 13' BOTTOM WIRE @ POLE 2276 CAHIE TxD. 0. T WARN /NG wIRE SAG = 2J. J5' P. O. B - �, h� - �R?r� " " "' - TxD. u. 1. O h e — e h eItc EiBFRU7E " BURNED , RISER S37. 45' S3 W O —C — -- — - _� TYPE /l YOI�.. FiReR OPTiO _ X2 .1 G_ O h e �7� CABLE.S4 1 • 46 08 w O 1 C t — PED L i pE // lL!� 0F' — O h e `D h --� , 0 e IC —O e_ ' — — _ -. ...-- -- W POST "., sL. e.. —.—_ rooERCaouNO � A7T � - END DO NOT U Q f o___ ENTER/ --- oPric sHOwN _ n U _ --w-�. r2"wL — — EE f U 0 FIBER -OPTIC LINE s aOWN — w r � _ CALLED ACRL � a 526.6 1 A EAD CONC r Fieca- -_ J 90 POST° D I ONE WAY) pJNO 5/GN '✓A- SCALED //V FROM "DERL /GH7" Ur /[ /ry r w�r - POSY f _ PAD 7 NO 5/GN -Z (J7 NO S'/CN GONG P OC AdAP AND F/CL, LOCATE, EVIDENCE ------- _ - - - -- W t �� O 5 L P WAS SCP,LF�'l,1 IN F'770M F/RERLIGHT' 077IlTY- _ - p - _,- .-= j2 „�rt/rcONC YIELD MAP AND EILLD LOCnr Ewo NOS --. -. STATE OF 7E VAS - — 302.98'- � -P _- wtr PAD T ---- u -� sOU� STRIPE - — — — = —�— (�O(_.. 7 7 B8 G. 650, G. C O P. R. J — — — - u/ — — — — N souD WHITE 57RIPE �-- _ m DASHED WHITE 57R /PE U N � DASHED -' -- - - ---- . -.-. -. _ -_ -��' I-ST - '_ - --- _ SOUS YELLOW STRIPE - - - - - -- - - - - - - -- -- - - - - -- - - - - -- SOIID YFLIOW SPGHE^ o _ "SOL /0 YELLOW STRIPE __— ----- ... - - -- -- - - - - -. _.... - - - - - -- - -- -_ - -.- -. STRIPE ---- - ---._. - ._. -._. __- WHITE STR/F'fi sOLID WHITE.--- - __ .. -- '< WRONG _ ..--. ._ .. ,. - - - - - -- DO NOT - - _ -- ---- - -_ - --- UNDERGROUND W47FR /. /NE” SHOWN - WAY - By 101, DO NOT' __ - i # ENTER/ ' EN BY 100 s7OR WAS SCALED IN FROM CITY OF - - -_ - ONE WAY. SHERTZ UTIUJ'Y MAP AND F/G'LD I - � .� /% __ .ONI. WAY LOCATED EwOnmlcE lNTEF+'STA7E HlG'f-fWAY 35 -- VARIABLE WIDTH R. 0. W ------ RCS.✓. N0. I 0017- 10- 27SIO016 07 -73 10016 -06- 71410016 05 -777 `T5 ' O� O \ I 4-- — — ------ _ �.. ----------- -''- ---�--------- ----- -- --- ----�- 200 NOTIFICATION BOUNDARY O� O 60 30 0 60 120 IP: NWC IH -35 & CIBOLO VALLEY DRIVE 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 fn DIVISION: Q PRELIMINARY FOR REVIEW ONLY O Not for construction purposes. Kimsey > >> Horn X Cng;r- RACHEI M. ROBERTS — P F No 137494 DAt,, 2/22/2022 0. 000 P PROJECT NO.: 069304919 ,--I C U Lm ? — LU W 0 �o V MC_D�0 U)W 0 U) ao "I .. z . O O; N =Z Q�z w N L oo¢TRW L9Z< — E �O � z Y z o_ a 0 U M fn DIVISION: VERSION: 001 M DRAWN BY: RMR REVIEWED BY: AKP O z X O L M w � z �N 0. 000 LU 2 ■ L ,--I to N CY © COPYRIGHT QUIKTRIP CORPORATION 2011 ANY UNAUTHORIZED USE, REPRODUCTION, PUBLICATION, DISTRIBUTION, OR SALE IN WHOLE OR IN PART, IS STRICTLY FORBIDDEN. PROTOTYPE: P -104 (11/01/20) DIVISION: VERSION: 001 DESIGNED BY: RMR DRAWN BY: RMR REVIEWED BY: AKP N N \ O N L N Ce U W Q Q LU a W o W V) L K J G I E D C N A I LOCATION MAP ® N. T. S. NOTES: 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED 11/2/2007, IS LOCATED IN ZONE X K AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. 2. RPZ REQUIRED ON DOMESTIC SERVICE LINE. 3. ALL PROPOSED PAVEMENT WILL BE CONCRETE. 4. APPROVAL OF UTILITY PLAN AS PART OF SITE PLAN. Q co N N 0 1 N CD N 0 w _ rl 0 J d Q H Lp 0 N N O N \ N ° W G Q U) In O C� C O s c c O F Ir W N O z i E Cl- E cn Ll.i z _ z m r � D v M O _ i N 00 cy / C 0 Q v 0 d- F- O i rn rn o B M O 0 i v 1 _ Q z In / Y Z 0 A Q 0 J LLf J Ll _ IMPERVIOUS COVER 1 1 2 AMOUNT 1 3 DEVELOPED 4 5 56.2% PROJECT CONTACT LIST: 7,610 SF Q CONCRETE CURB AND GUTTER aU)� 10o z SS SURVEYOR OF RECORD PROPERTY OWNER QT REAL ESTATE PROJECT MANAGER Wtr MATKIN HOOVER HARTMANN LAND & CATTLE CO LTD QUIKTRIP CORPORATION WTR KYLE PRESSLER VOIGT MARVIN R & KLABUNDE MELVA JD DUDLEY _ 8 SPENCER RD, STE. 300 18953 IH 35 N 742 NW LOOP 410 STE. 102 oh e BOERNE, TX 78006 SCHERTZ, TX, 78154 SAN ANTONIO, TX, 78216 TEL:(830) 249 -0600 POC: LARRY HARTMANN TEL:(469) 766 -8331 ut N TEL: 830 - 554 -0229 P ENGINEER OF RECORD POC: KEITH KLABUNDE QT CIVIL PROJECT MANAGER KIMLEY HORN TEL: (830)560 -1978 QUIKTRIP CORPORATION UGET RACHEL ROBERTS, P.E. WADE RICHARDSON 601 NW LOOP 410 STE. 350 4705 SOUTH 129TH EAST AVE _ SAN ANTONIO, TX, 78216 9 TULSA, OK 74134 � TEL:(210) 762 -5289 TEL: (918) 615 -7942 N A I LOCATION MAP ® N. T. S. NOTES: 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED 11/2/2007, IS LOCATED IN ZONE X K AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. 2. RPZ REQUIRED ON DOMESTIC SERVICE LINE. 3. ALL PROPOSED PAVEMENT WILL BE CONCRETE. 4. APPROVAL OF UTILITY PLAN AS PART OF SITE PLAN. Q co N N 0 1 N CD N 0 w _ rl 0 J d Q H Lp 0 N N O N \ N ° W G Q U) In O C� C O s c c O F Ir W N O z i E Cl- E cn Ll.i z _ z m r � D v M O _ i N 00 cy / C 0 Q v 0 d- F- O i rn rn o B M O 0 i v 1 _ Q z In / Y Z 0 A Q 0 J LLf J Ll _ IMPERVIOUS COVER LOT TYPE AMOUNT PERCENT DEVELOPED IMPERVIOUS 65,116 SF 56.2% SURPLUS IMPERVIOUS 7,610 SF 5.7% SITE ANALYSIS TABLE QT 4033 EXISTING ZONING GB - GENERAL BUSINESS PROPOSED USE: DEVELOPED AREA CONVENIENCE STORE WITH GAS PUMPS C mwmn 7 8 9 10 11 12 13 14 15 t OWNER: HARTMANN LAND & CATTLE CO., LTD., ET AL LAND USE: UNDEVELOPED ZONING: GB (GENERAL BUSINESS) SUBDIVISION: RECORD DOCUMENT:(VOL. 127, PG. 55, D.R.C.C.) X1159° 15.. 32„ 66s �• �.... 666 24 ' _ 367 �.,. SITE LEGEND U M C9 w W FIRE LANE �o aM � BOUNDARY LINE CD2 U (MIN 24' WIDE) O 5 � N Z CONCRETE CURB AND GUTTER aU)� 10o z SS PROPOSED SANITARY SEWER 0. PROPOSED PAVEMENT Wtr EXISTING WATER MAIN �_.... m o F wz¢c� WTR PROPOSED WATER MAIN ............® Y Z ST PROPOSED STORM SEWER A I PROPOSED SIDEWALK oh e EXISTING OVERHEAD ELECTRIC EXISTING UNDERGROUND .... ut N oll TELECOMMUNICATION PROPOSED LANDSCAPE PROPOSED UNDERGROUND ...... O UGET TELECOMMUNICATION N 9 PARKING SPACE INDICATOR � EXISTING FENCE OHE PROPOSED OVERHEAD ELECTRIC MULTIPLE PRODUCT UGE PROPOSED UNDERGROUND ELECTRIC DISPENSER WITH CANOPY COLUMNS AND BOLLARDS ---------------------- PROPOSED HOSE LAY 0 PROPOSED DINING TABLE 0 FUEL SYSTEM ACCESS MANWAY QLITE° P CITY OF SCHERTZ NOTE man • • . • • • • • • • • •• • • • iivicml.)IAis rrivi -iwHr 00 VARIABLE WIDTH R. 0. W. R. C. S.J. NO. 0017 -10- 278/0076 -07- 133/0016 -06- 114/0016 -05 -117 , a a 1 2 3 4 5 6 7 8 9 10 11 12 13 QUIKTRIP: NWC IH -35 & CIBOLO VALLEY DRIVE 14 15 FOR REVIEW ONLY Not for construction purposes. Kimley» )Horn Enginee r RACHEL... M. ROBERTS P.E. No- 137894 Dote 2/16/2022 PROJECT NO.: 069304919 U M C9 w W 0 �o aM � V CD2 U � O 5 � N Z Lr) M aU)� 10o z 0 U- =Z a v m w w Z ZO-Orn5- 0. 0p W = 0OZ0`1.a- a r/ m o F wz¢c� go�W� Y Z -(.0 C, O N (y M DIVISION: M VERSION: 001 O DRAWN BY: RMR V REVIEWED BY: AKP � O Lr) M LLJ z N 0. 0p W = ■— U V) (y © COPYRIGHT QUIKTRIP CORPORATION 2011 ANY UNAUTHORIZED USE, REPRODUCTION, PUBLICATION, DISTRIBUTION, OR SALE IN WHOLE OR IN PART, IS STRICTLY FORBIDDEN. PROTOTYPE: P -104 (11/01/20) DIVISION: VERSION: 001 DESIGNED BY: RMR DRAWN BY: RMR REVIEWED BY: AKP N O N Lf) O Lu Q z 0 O F W a � Lu � H J z Lu o (7 Eli O SHEET TITLE: 9 N A n a H L F Im C C Q N z I A I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 GRADING LEGEND ST STORM PIPE (< 10" NEW) M STORM PIPE (> 12" NEW) O -- �= STORM PIPE (> 12" EXISTING) FD FRENCH DRAIN O CD BACK OF CURB DRAIN XXXX MAJOR CONTOUR (NEW) XXXX MINOR CONTOUR (NEW) XXX MAJOR CONTOUR (EXISTING) ,kXA - MINOR CONTOUR (EXISTING) ADA ADA PATH OF TRAVEL TC- XXXX.XX TOP OF CURB ELEVATION (NEW) G XXXX.XX GUTTER ELEVATION (NEW) FIG XXXX.XX FINISHED GRADE ELEVATION (NEW) r ` SPOT ELEVATION (EXISTING) STORM GRATE (NEW) GRADING NOTES 1. GAS CANOPY INSTALLER SHALL INSTALL THE CANOPY COLUMN DRAIN PIPE AND OVERFLOW FITTING. THE STORM WATER INSTALLER SHALL CONNECT THEIR PIPING TO THE GAS INSTALLER'S OVERFLOW FITTING. 2. TO AVOID ANY DEFINED CRESTS OR SUMPS, "GRADE BREAKS" SHALL BE CONSTRUCTED AS A "VERTICAL CURVE ". SURVEYOR & CONTRACTOR SHALL CONFER WITH QUIKTRIP CONSTRUCTION MANAGER PRIOR TO CONSTRUCTION STAKING OR CONCRETE PLACEMENT RELATIVE TO ANY GRADE BREAKS. L'IA LMA L LADD & CATTLE CO- L112, E7 AL i cy 10 \ -µ' "� ; — /t, ,, � i 00 00 _ VEi a 1 a O;11EAD ET"l f C"Tr,IC ,,. 1 90 VV Z T°T?MMIJIVICATIOA/ LI;^Ntm t € e P011119 l ✓ X R ` X s VONt. PRELIMINARY FOR REVIEW ONLY Not for construction purposes. �V;mlawA\Wrwn s X % l _� "46 1. p M M O V � O Lf) M LLJ z �N 0, ry N 0_ Lu ■— -,--q U V) ICY © COPYRIGHT QUIKTRIP CORPORATION 2011 ANY UNAUTHORIZED USE, REPRODUCTION, PUBLICATION, DISTRIBUTION, OR SALE IN WHOLE OR IN PART, IS STRICTLY FORBIDDEN. M4 p I EjL i'7Cft9 d1°l _ tp ? ULk - ; Z r b... AID AC C L-5- 1'ERVI��SIOPJ.''t LRIV ACCL S`� lei PJ,AL 4- � ,Sfr"C1�i?It iA';A a,�ALLiJ 11!'' Fta'dJA�f ._. CITY G 5 LF?LS Cd;Lt77` i;Af ? dNUiO9FA?t`};0UlVG' F7LL h'-- CIP77C LINE SHOW WAS � (VOL 1188 PG. ° L.°� C.G.) —i7 C�VL" C&IY FIELD LOCATED IDDI/"CF: SCALED I°'°V FROM 'I'AR RLIGEEr" UTILITY MAP AND X WIRF 0 POLE 50,99' rn FIL'LD LOCATE I%LFNCE ! ON, -TOM ✓YfH 0 POLE „ 2,17' M ox B INTERSTA TE HIGHWA Y 35 VARIABLE WIDTH R. 0. W. i R. C. S.J. NO. '- 0017 -10- 278/0076 -07- 133/0016 -06- 114/0016 -05 -117 v z Z o A 0 % QUIKTRIP: NWC IH -35 & CIBOLO VALLEY DRIVE 0 No LLI L� 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 N A I I k H L F N O N Ln O Lu D Q W D (n — f H J Q H C �4-, SHEET TITLE: PRELIMINARY STORMWATER B MANAGEMENT PLAN 01 Iq;ia01 11lu1c]A mm 0� � � | 1 | 2 | � | | | | | | | | | | | | | ^4 | � | � | � | � | � | �0 | �� | �� | �� | ��� | 15 / \ | | / / ||UTILIT�'(�[�����R�\L��[]T���� || /'' / \ \ \ \ \ \ `\ \ \ \ \ ``` / ~~ UTILITY INSTALLATION CONSIDERATIONS PRIOR TO THE CONSTRUCTION OF, OR CONNECTION TO ANY STORM DRAIN, SANITARY SEWER, OR ANY OTHER ELEVATION SENSITIVE UTILITY, THE CONTRACTOR SHALL EXCAVATE, VERIFY AND CALCULATE ALL POINTS OF CONNECTIONS AND ALL UTILITY CROSSINGS. THE CONTRACTOR SHALL INFORM THE ENGINEER AND THE OWNER OF ANY CONFLICT OR REQUIRED DEVIATIONS FROM THE PLAN. THE ENGINEER AND OWNER WILL BE HELD HARMLESS IN THE EVENT THE ENGINEER AND OWNER ARE NOT NOTIFIED OF A DESIGN CONFLICT. AS POSSIBLE, ALL PROPOSED UTILITIES SHALL BE ROUTED THROUGH PERVIOUS AREAS - SPECIFICALLY AVOIDING ON-SITE PAVED AREAS DESIGNATED FOR PARKING, ACCESS, AND VEHICULAR TRAFFIC FLOW. REFER TO THIS SHEET FOR LOCATION, AND SHEETS C530 THRU C531 FOR TRENCHING, BACKFILL, AND PLACEMENT DETAILS. CITY OF SCHERTZ NOTE APPROVAL OF UTILITY PLAN AS PART OF SITE PLAN IS APPROVAL OF GENERAL SCHEME OF UTILITY CONNECTIONS. APPROVAL DOES NOT CONSTITUTE APPROVAL OF SPECIFIC LAYOUT OR DETAILS OF CONSTRUCTION. CHANGES MAY BE PROPOSED OR REQUIRED PRIOR TO ISSUANCE OF ANY PERMIT FOR CONSTRUCTION ������ ' \ -_---_ �_____ _-'=����� -�� `� - � --- -- ~� ~*� /~ . . / .. / - �� | \ `` `` v \ \ ~---- ` /^ -y8 ^-~~ ROW ~~~ 1.13 AC. ~--- / / ' | �. ~. ~~ ~~ PROPOSED PUBLIC ' SANITARY SEWER MANHOLE #8 I FOR REVIEW ONLY Not for construction purposes, &��� «� u�nnunov~��rumonnu Enginee RACHEI RE. x^ 13Z894-_ Dote 211612022_- PROJECT NO.: 069304919 � . rn co | / \ � Co � `~~ = � �� �w�� Lr) r� WIRE a �x ~ \ E 22,25' ----��~~ =7 o of 0 LL Lu ,+ U U) /V59 ~ 18' «� \ V,? "47 ������ ' \ -_---_ �_____ _-'=����� -�� `� - � --- -- ~� ~*� /~ . . / .. / - �� | \ `` `` v \ \ ~---- ` /^ -y8 ^-~~ ROW ~~~ 1.13 AC. ~--- / / ' | �. ~. ~~ ~~ PROPOSED PUBLIC ' SANITARY SEWER MANHOLE #8 I FOR REVIEW ONLY Not for construction purposes, &��� «� u�nnunov~��rumonnu Enginee RACHEI RE. x^ 13Z894-_ Dote 211612022_- PROJECT NO.: 069304919 rn co w C9 DRAWN BY: RMR � Co w � �� �w�� Lr) r� — =7 of 0 LL Lu ,+ U U) E �� �� C) 0 ICY F, m rn VERSION: 001 C) DRAWN BY: RMR � z w � �� �w�� Lr) r� — =7 C'0 Lu ,+ U U) �� �� ICY \ P. 25' PUBLIC WATER� SOUTH OF MH AND YKASTEY&4TER o � \ \\ EASEMENT 14' ELECTR|C, GAS /k | W1,RESAG 21,15' \ \_ » comm. EASEMENT " ~/ v (OVERHANG ONLY) Or NO F- -SHOWAl WAS SCALED RV FROM Or CITY OF S1­1ER7Z UT111TY MAP AND I | nezu LmCAao swuEmCE, m / 1 1 � =T @ COPYRIGHT QUIKTRIP CORPORATION 2011 ANY UNAUTHORIZED USE, REPRODUCTION, PUBLICATION, DISTRIBUTION, OR SALE IN WHOLE OR IN PART, IS STRICTLY FORBIDDEN. PROTOTYPE: P-104 (11/01/20) VERSION: 001 DESIGNED BY: RMR DRAWN BY: RMR B Llj 1 1 � =T @ COPYRIGHT QUIKTRIP CORPORATION 2011 ANY UNAUTHORIZED USE, REPRODUCTION, PUBLICATION, DISTRIBUTION, OR SALE IN WHOLE OR IN PART, IS STRICTLY FORBIDDEN. PROTOTYPE: P-104 (11/01/20) VERSION: 001 DESIGNED BY: RMR DRAWN BY: RMR REVIEWED BY: AKP Lu Lu Lu Lu Eli 0 L-PROPOSED PUBLIC SANITARY SEWER MANHOLE #3 L-PROPOSED PUBLIC SANITARY SEWER MANHOLE �5 �� \ R|M=±861.0' RIM= ±802.0' ' \` PR O^ SSWR |NV PR 8^ SSWR |NV 1' \ � PR 8^ SSWR |NY (OUT)=±84O�52' PR 8^ SSWR |NV (OUT)=±O4771' COVER= 13.7' COVER=13.5' g* \ �—PROPOSED PUBLIC SANITARY SEWER MANHOLE #4 ` RIM= ±862.4' �� NO . � PR O^ SSWR |NV O' ` COVER= 14.2' | | | | | | | 5 | � | � | � | '­ `='�`'"=^"' ""'~�* ----����0��=�,r ==�--- -- 1.5^ �ATER �ETER YY�H RPZ ST�NDARD METER BOX PER CITY OF SCHERTZ DETAIL 02085 `- 2^ DOMESTIC WATERLINE PROPOSED PUBLIC SANITARY SEWER MANHOLE #7-/ 12^X2^ TAPPING SADDLE R|M=±856.5 2" COPPER PIPE-CUT AS REQ. PR 8^ SSYVR |NV ( =±851.22 2" WATER METER WITH RPZ PR O^ 3SVYR |NV (0UT)=±851.12 STANDARD METER BOX PER CITY COVER=4.8' L OF SCHERTZ DETAIL 02085 `- OF TO EX. WATER MAIN PROPOSED FIRE HYDRANT WITH THE rroDr ,ouur,rmu (REF: CITY OF SCHERTZ STANDARDS) | | | | | | � | | �� | �� | �� | �� | ��� | �� | �0 �� � � N �0 �� H lue F Im Up Ul i Q P N M L o_ O K N N N O N \ N - N N D w O J a CO N N O N \ H N N N N 0 w a — a� O G C- U v o! Of w V) c v v) F J o_ 0 cn I E — 0) L a� a v E U C v J w a z — m rn 3 D 0 _ N 00 / 0 / C 0 Q U / M r� O H C3 I 0 B rn 0 I _ Q z cn Y Z o A a U O J w J U_ _ 1 2 3 0 5 C: 7 :, 9 10 11 1 12 1 13 1 14 1 15 Landscape Schedule USE SYMBOL COMMON NAME MINIMUM SIZE/ QUANTITIES COMMENTS MINIMUM 20% OF TOTAL LAND AREA SHALL BE LU = Botanical Name HEIGHT /SPREAD 55,994 SF, 27.1% Y J - CRIMSON PYGMY BARBERRY 5 GAL a C} Berberis thunbergii (1 GAL MIN) 255 EA. SEE LANDSCAPE PLAN AND V) � 37,540 SF, 67% z SF LANDSCAPE IN FRONT YARD) - ASSOCIATED DETAILS FOR 0° LANDSCAPE BED LOCATIONS (4.7 ACRE x 9 = 42 TREES) 68 TREES co z X DON'S DWARF WAX MYRTLE 5 GAL AND SHRUB SPACING N N/A Myrica cerifera 'Don's Dwarf" (1 GAL MIN) 251 EA. Cy SHRUBS PER 50 LF OF LANDSCAPE BUFFER Uj LL 0 Lid MINIMUM OF 10% OF GROSS PARKING AREA SHALL RED YUCCA 5 GAL 24 EA. LU z <Z, — (63,128 SF TOTAL PARKING x .10 = 6,312 SF 18,454 SF, 29% Yucca parviflora (1 GAL MIN) Y Z L0 MINIMUM OF 1 SHADE TREE PLANTED FOR EACH O 400 SF OF REQUIRED INTERIOR LANDSCAPE �- N � a (6,312 REQUIRED LANDSCAPE / 400 SF = 16 SOUTHERN LIVE OAK 3" CALIPER TREES) SEE LANDSCAPE PLAN AND cn PLANTER ISLANDS SHALL CONTAIN A COMBINATION Quercus virginiana 12' HT 16 EA. ASSOCIATED DETAILS FOR w PERIMETER LANDSCAPING ALL PARKING LOTS AND VEHICULAR USE AREAS TREE PLACEMENT, AND SHALL BE SCREENED FROM ABUTTING PROPERTIES PLANTING SPECIFICATIONS w AND PUBLIC RIGHT –OF –WAYS WITH A WALL, FENCE, m bi HEDGE, OR BERM. ANY LIVING BARRIER SHALL BE PROVIDED CEDAR ELM 3" CALIPER (TOTAL) D STRIP. PLANTS SHALL BE AT LEAST 30" HIGH AT w THE TIME OF PLANTING AND GROW TO A MINIMUM 53 EA. 0 HEIGHT OF 3' IN ONE YEAR. Ulmus crassifolia 6' HT O 1 SHADE TREE FOR EVERY 50 LF OF PERIMETER EMMA TIF'IUFF BERMUDA SOD SOD 55,994 (1,401 SF TOTAL PERIMETER AREA /50 LF = 29 53 TREES TREES) LU LANDSCAPE REQUIREMENTS REQUIRED ORDINANCE PROVIDED z TOTAL SITE AREA 0. MINIMUM 20% OF TOTAL LAND AREA SHALL BE LU = a LANDSCAPED 55,994 SF, 27.1% Y (206,475 SF TOTAL AREA x .20 = 22,263 SF - a LANDSCAPE AREA) MINIMUM 40% OF REQUIRED LANDSCAPE IS P N LOCATED IN FRONT YARD 0 E (55,994 SF TOTAL LANDSCAPE x .40 = 22,397.6 37,540 SF, 67% z SF LANDSCAPE IN FRONT YARD) - THERE SHALL BE A RATIO OF 9 TREES PER ACRE O (4.7 ACRE x 9 = 42 TREES) 68 TREES co z A NONRESIDENTIAL USE ADJACENT TO A Of � RESIDENTIAL USE SHALL PROVIDE A 20' L U LANDSCAPE BUFFER WITH A MINIMUM OF 1 SHADE N/A m � TREE PER 30 LF OF LANDSCAPE BUFFER AND 10 Cy SHRUBS PER 50 LF OF LANDSCAPE BUFFER Uj LL INTERIOR LANDSCAPING MINIMUM OF 10% OF GROSS PARKING AREA SHALL �3:z6 F BE LANDSCAPED LU z <Z, — (63,128 SF TOTAL PARKING x .10 = 6,312 SF 18,454 SF, 29% LANDSCAPE AREA) Y Z L0 MINIMUM OF 1 SHADE TREE PLANTED FOR EACH O 400 SF OF REQUIRED INTERIOR LANDSCAPE �- N � a (6,312 REQUIRED LANDSCAPE / 400 SF = 16 16 TREES M TREES) PLANTER ISLANDS SHALL CONTAIN A COMBINATION PROVIDED OF TREES, SHRUBS, LAWN, AND GROUNDCOVER PERIMETER LANDSCAPING ALL PARKING LOTS AND VEHICULAR USE AREAS � SHALL BE SCREENED FROM ABUTTING PROPERTIES w AND PUBLIC RIGHT –OF –WAYS WITH A WALL, FENCE, m bi HEDGE, OR BERM. ANY LIVING BARRIER SHALL BE PROVIDED 9� ESTABLISHED IN A MINIMUM 5' WIDE PLANTING D STRIP. PLANTS SHALL BE AT LEAST 30" HIGH AT w THE TIME OF PLANTING AND GROW TO A MINIMUM 0 HEIGHT OF 3' IN ONE YEAR. Z O 1 SHADE TREE FOR EVERY 50 LF OF PERIMETER Q LANDSCAPE (1,401 SF TOTAL PERIMETER AREA /50 LF = 29 53 TREES TREES) LU 1 TREE PER 20 LF OF STREET FRONTAGE ALONG PRINCIPLE ARTERIAL STREETS (CIBOLO VALLEY DR.: 370 LF / 20 = 19 TREES) 19 TREES (INTERSTATE 35: 527' LF / 20 = 26 TREES) 22 TREES* z (FOUR OAKS LANE 235' LF / 20 = 12 TREES) 12 TREES *NOTE: DUE TO OVERHEAD ELECTRIC EASEMENT, STREET TREES CANNOT BE PLANTED ALONG 129 LF � OF FRONTAGE. 0 w lu-' MUST BE SELECTED FROM APPROVED TREE LIST PROVIDED PER LIST � w G Q w MINIMUM CALIPER SIZE OF 2.5" AT TIME OF PROVIDED w � PLANING z Cy w w w O � M O 1- (1) z Q ` O PRELIMINARY Q z FOR REVIEW ONLY 0. Not for construction purposes. LU = ■ Kimley *Horn Ul P.L.A. SHANNON F. MUNDY - L. A. No, .3543......... Date 2/22/2022 P N PROJECT NO.: 069304919 U z rn rn - LU LU aD O O <o 0Oco�� c� °0w ao (jj�00Nzrn /� QOCT �QOO O=z N w /'� ¢vZcCOOww z000�,5 LL o O¢ m Y a �3:z6 F LU z <Z, — �000w Y Z L0 O �- N � a M M O 1- (1) z Q ` O L M W � z �N 0. 0 LU = ■ �--� Ul LIGHT QUIKTRIP CORPORATION L K J G E D C 1 1 2 1 3 1 4 1 5 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 1 N O N L0 O LU Q z � 0 w a � U) U0 Lij J z W o (D W p L K J G E D C 1 1 2 1 3 1 4 1 5 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 1 20' -0" AFF Top of Cornice Agenda No. 10. CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Department: Executive Team Subject: Ordinance No. 22 -S -18 - Conduct a public hearing, and consideration and /or action on amendments to Part III, Schertz Code of Ordinances, Unified Development Code (UDC), to Article 9 - Site Design Standards, Section 21.9.9 Tree Preservation and Mitigation, to cap the maximum required tree mitigation. First Reading (B. James /M. Browne) BACKGROUND As stated in the UDC, City Council from time to time, on its own motion or at the recommendation of staff, may consider amendments to the UDC to maintain stable and desirable development. As part of the charge of the joint City Council and Planning and Zoning Commission. Subcommittee to review single family development standards, the Subcommittee also considered a few other matters. One of these is the question of whether to cap the maximum amount of tree mitigation. Staff is proposing to add a section that caps the maximum amount of mitigation per acre at 100 inches or $10,000. As was discussed at the Subcommittee, the current ordinance regarding tree mitigation generally works well to accomplish the purpose and intent as outlined in that section, except in the situations of heavily wooded lots. In these cases, despite the best efforts of the developer to save trees, they often have to remove a significant number of trees. The mitigation can amount to more than $50,000 per acre. As such, staff is proposing to cap the amount of mitigation per acre. The amount of tree mitigation per acre is capped at 100 inches per acre. For properties where the trees are generally clustered, staff has the discretion to define the acreage of the property as an area extending 20' beyond the tree canopy of the cluster in determining the acreage. GOAL Update the City's UDC to better support the goals and objectives of the City's Comprehensive Plan. COMMUNITY BENEFIT Provides for high quality development meeting the goals of the City's Comprehensive Plan. SUMMARY OF RECOMMENDED ACTION Approval of Ordinance 22 -S -18 Amending the UDC to cap the maximum amount of tree mitigation. At the March 9, 2022 Planning and Zoning Commission meeting, the Commission voted 5 to 1 in favor the amendment. FISCAL IMPACT This ordinance would reduce the amount of mitigation required on heavily wooded lots and is anticipated to reduce the amount of tree mitigation the City receives. RECOMMENDATION Approval of Ordinance 22 -S -18. Attachments Ord 22 S 18 Tree Mitigation Redline Ordinance Change WHEREAS, on March 9, 2022, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on April 12, 2022 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, health and welfare; UIE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEX S- -3 A THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the Onited States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of tke State of Teyas-axd re I r F I of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 5 5 1, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and publication required by law. 1 Ralph Gutierrez, Mayor i Brenda, Dennis, City Secretary (CITY SEAL) W Exhibit A MMOMMEMEMI= 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage Class trees possible. 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in ar increase in the building footprint or the total destruction and reconstruction except public schools; �� 111111��! !1��p!lliili�liii� teet above exis evell OmwLetm eigm 111C are designated as "Protected Class Trees". b. Heritage Class Trees. Trees having a DBH greater than • equal to twenty-four inches (24") are designated as "Heritage Class Trees". 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: Created: 2022-22-05 10:19:09 [EST] (Supp. No. 5) a. Protected Class Trees located within the area of a proposed on-site sewage facility (OSSF) (A waiver to mitigation for Heritage Class trees may be requested) ; b. Protected Class and Heritage Class Trees located within a right-of-way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; C. Protected Class Trees located within any utility easement, Heritage Class Trees located within any utility easement are exempt from preservation requirements only (A waiver to mitigation for Heritage Class trees may be requested); • Protected Class and Heritage Class trees damaged • destroyed by floods, fire, wind • other natural causes; e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section; and f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.7F. (A waiver mitigation for Heritage Class trees may be requested) I g. Protected Class and Heritage Class trees located on property that has an existing one family or two-family dwelling that is occupied. h. Protected Class and Heritage Class trees of the following exempted tree species: MMEMI Created: 2021-11-05 20:19:09 [EST] MUM Created: 2021-11-05 10:19:09 [EST] Tree Preservation Credits—Nonresidential and Multifamily Developments. To encourage the preservation of existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation credits may be requested to reduce the amount of new trees required on nonresidential and multifamily sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre requirements • UDC Sec.21.9.7.E.2. The following minimum tree preservation credits may be requested: 1. Protected Class Trees shall receive a credit against the minimum required landscaping • mitigation standards at a one-to-one (1:1) caliper inch ratio; 2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three-to-one (3:1) caliper inch ratio; G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1!1111111 11111111111 111 11 1 7 II;Ij1'1jI!!I 1111!1 111 F . . a . . v3j�� MOMENTUM TIZ31ii J��t 3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved. H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage Class trees not exempt in section 21.9.9.13.2. above. The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: mmm=mmm�,�wm ".7-aump 1. General. The City Manager or his/her designee may authorize waivers from the provisions of this Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may be granted only to items specifically stated in this section. Waivers must meet one of the following eligibility requirements: a. The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design • storm water management); or b. The tree is proposed for removal because it is within a future public utility location. 2. Criteriafor approval. Waivers shall be evaluated using the following criteria: REM EM Created: 2021-11-05 10:19:09 [EST] 3. Any decision of the City Manager or his/her designee regarding waivers to the provisions of this section may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning and Zoning Commission shall consider the same standards as the City Manager or his/her designee as outlined above. 2018; Ord. No. E93 • Created: 2021-11-05 10:19:09 [EST) Sec. 21.9.9. Tree Preservation and Mitigation. A. Purpose and Intent. 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage Class trees possible. B. Applicability and Exemptions. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; C. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits. The following definitions shall be applicable to the provisions of this section: a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half feet above existing ground level) between eight inches (8 ") and less than twenty -four inches (24 ") are designated as "Protected Class Trees ". b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty -four inches (24 ") are designated as "Heritage Class Trees ". C. Damage. Damage shall be considered any injury to a tree including, but not limited to: i. uprooting; ii. severance of the root system or main trunk; iii. storage of topsoil, construction materials, debris or chemicals within the drip line area; iv. compaction of soil within the drip line area; V. a substantial change in the natural grade above a root system or within the drip line area; vi. pruning or removal of more than twenty -five percent (25 %) of the living tissue; or vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area. 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: (Supp. No. 5) Page 1 of 5 Created: 2021 -11 -05 10:19:09 [EST] a. Protected Class Trees located within the area of a proposed on -site sewage facility (OSSF) (A waiver to mitigation for Heritage Class trees may be requested) ; b. Protected Class and Heritage Class Trees located within a right -of -way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; C. Protected Class Trees located within any utility easement, Heritage Class Trees located within any utility easement are exempt from preservation requirements only (A waiver to mitigation for Heritage Class trees may be requested); d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other natural causes; e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section; and f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.7F. (A waiver to mitigation for Heritage Class trees may be requested) g. Protected Class and Heritage Class trees located on property that has an existing one family or two - family dwelling that is occupied. h. Protected Class and Heritage Class trees of the following exempted tree species: Table 21.9.9 Exempted Trees Common Name Scientific Name Hackberry Celtis occidentalis Eastern Red Cedar Juniperus virginiana Common Ashe Juniper Juniperis ashei Chinaberry Melia azedarach Mesquite Prosopis spp. Ligustrum Ligustrum spp. C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.8.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. 2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section. (Supp. No. 5) Minimum Preservation. In the development of any site, at least twenty -five percent (25 %) of all mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25% preservation requirement may be requested) Page 2 of 5 Created: 2021 -11 -05 10:19:09 [EST] D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in subsection 21.9.9.13.3. above nor any of the undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of shade tree identified in table 21.9.7.A. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee -in -lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class trees and to purchase equipment for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Class Trees. Protected trees shall be mitigated at a one -to -one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 "). 2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three -to -one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 "). 3. Damaged Trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above. 4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies. The arnount of tree mitigation er acre is capped at ACC inches per acaee For properties where the trees are g nLra IN I a t r d, staff Naas the discretion to defiu7 Nap acre caf�t9�e pro�ertot as, <an �r�a e^ Lte- i i Zp bb and the trt(- c no c)f the dUster in dvttarMr niM h agrr �o E. Tree Protection Standards. 1. All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3 ") of mulch or compost shall be spread beneath the drip line of the preserved tree. C. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class or Heritage Class Tree without prior written approval of the City Manager or his /her designee at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class or Heritage Class Tree. 2. It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. Created: 2021 -11 -05 10:19:09 [EST] (Supp. No. 5) Page 3 of 5 F. Tree Preservation Credits — Nonresidential and Multifamily Developments. To encourage the preservation of existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation credits may be requested to reduce the amount of new trees required on nonresidential and multifamily sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre requirements of UDC Sec.21.9.7.E.2. The following minimum tree preservation credits may be requested: 1. Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one -to -one (1:1) caliper inch ratio; 2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three -to -one (3:1) caliper inch ratio; G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1. total number of DBH caliper inches of Protected Class and Heritage Class on the site; 2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and 3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage Class trees not exempt in section 21.9.9.13.2. above. The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1. existing /proposed topography; 2. location of property lines, easement, rights -of -ways, setbacks, parking areas and sidewalks; 3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees exempted by section 21.9.9.B.2.f. above; 4. a tree inventory that summarizes the following: a. total number of DBH caliper inches on the site; b. total number of DBH caliper inches to be removed; C. total number of DBH caliper inches to be preserved; d. location of any proposed tree mitigation; e. any proposed tree preservation credits; and 5. a summary of the tree protection methods to be utilized. Waiver. 1. General. The City Manager or his /her designee may authorize waivers from the provisions of this Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may be granted only to items specifically stated in this section. Waivers must meet one of the following eligibility requirements: a. The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design or storm water management); or b. The tree is proposed for removal because it is within a future public utility location. 2. Criteria for approval. Waivers shall be evaluated using the following criteria: (Supp. No. 5) Page 4 of 5 Created: 2021 -11 -05 10:19:09 [EST] a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks; b. The requested waiver does not violate the intent of this section or the UDC; C. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions; d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible. Any decision of the City Manager or his /her designee regarding waivers to the provisions of this section may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning and Zoning Commission shall consider the same standards as the City Manager or his /her designee as outlined above. (Ord. No. 16-S-27, § 6, 8 -30 -2016; Ord. No. 17-S-40, § 1(Exh. A), 10 -24 -2017; Ord. No. 18-S-08, § 1(Exh. A), 2 -27- 2018; Ord. No. 18-S-24, § 1(Exh. A), 8 -7 -2018) (Supp. No. 5) Page 5 of 5 Created: 2021 -11 -05 10:19:09 [EST] CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Agenda No. 11. Department: Executive Team Subject: Ordinance No. 22 -S -19 - Conduct a public hearing, and consideration and /or action on amendments to Part III, Schertz Code of Ordinances, Unified Development Code (UDC), to Article 4 subsection 21.4.5 Post Decision Procedures, Article 5 subsection 21.5.2 Zoning Districts Established and 21.5.5 Statement of Purpose and Intent for Residential Districts, Article 8 subsection 21.8.9 Outdoor Display and Storage, Article 9 subsection 21.9.10 Park and Open Space Dedication Requirements and Article 10 subsection 21.10.2 Parking Standards General Provisions and 21.10.4 Parking Standards Schedule of Offstreet Parking. First Reading (B. James /M. Browne) Staff is proposing to make a variety of amendments to the UDC. Some of these are coming from the Subcommittee of P &Z and City Council that discussed single family residential development, others from problems the City has been experiencing on Main Street while others have been pending for some time. Staff is proposing to amend Section 21.4.5 Post- Decision procedures, section B. The section currently limits the ability of applicants to resubmit an application that has been denied to no sooner than six months after the date of denial. The amendment stipulates that limitation does not apply if the full board or commission that was seated was not present. This change was prompted by some recent denials at BOA where a lack of board members created a situation where a unanimous recommendation for approval was needed, This seems unfair to the applicants and as such a change was proposed. As a result of the work of the Subcommittee on residential development staff is proposing to make amendments to various sections to remove the prohibition on new zoning of R -6 and R -7 as well as to add the design criteria that was discussed. To allow R -6 and R -7 zoning to be granted, staff is proposing amendments to Section 21.5.5 Statement and Purpose of Residential Districts Sections F and G to remove the references to Ordinance No. 10 -S -29 that restricted the ability to grant them. It also amends Section 21.5.2 Zoning Districts Established, limitations on R -6 an R -7 to eliminate the references to the limitations imposed by Ordinance No. 10 -S -29. The changes add a cap of 30 acres for R -7 and 40 acres for R -6 As part of the design standards the parking section is being amended to require two parking spaces per mail box kiosk which must be covered, but these can be provided in the right -of -way as long as additional paving is provided so as not to be in the lane of traffic. Staff is amending the parkland dedication section to stipulate the requirements for private open space in residential subdivisions if a City park is not being provided. The curvilienear street requirement is being added to the public works design manual. In an effort to deal with the parking problem on Main Street that is occurring as a result of vehicles being parked on unpaved areas due to some temporary or short term issue and to deal with the excessive cars associated with auto repair uses being parked on the street, staff is proposing two related changes. The first is to allow temporary parking, of up to six months on an unpaved area. This would not push vehicles and trailers onto the street during construction on a site or in unique situations created by the pandemic, such as shortages of vehicle parts. The second change is to not allow parking associated with an auto repair and service business that is located on Main Street to occur in the street. Businesses need to appropriately size their business - property, buildings, staffing to handle the volume of business they anticipate and not rely on the public right -of -way for vehicle storage as this creates a safety issue and negatively impacts other properties. Staff is recommending amending Section 21.10.2 General Provisions to add a subsection L that stipulates that parking and storage of vehicles associated with automobile repair and services businesses on Main Street cannot occur in the street. Staff is also recommending that section 21.8.9 Outdoor Display and Storage, subsection 4 be amended to add an additional subsection :D to allow staff to issue permit for businesses to park vehicles on an unpaved area for up to six months. GOAL Update the City's UDC to better support the goals and objectives of the City's Comprehensive Plan. COMMUNITY BENEFIT Provides for high quality development meeting the goals of the City's Comprehensive Plan. SUMMARY OF RECOMMENDED ACTION Approval of Ordinance 22 -S -19 Amending the UDC. At the March 23, 2022 meeting, the Planning and Zoning Commission voted 7 to 0 to recommend approval of these amendments. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance 22 -S -19. Attachments Ord 22 S 19 Misc UDC Parking Redline Post Decision Procedures Redline Zoning Districts Established Redline Statement of Purpose Res Districts Redline Outdoor Display and Storage Redline Park and Open Space Redline i';i � Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. It is officially found, determined, and declared that the meeting at which this *rdinance is adopted was open to the public and publicnotice of the time, place, and subjectmatteT of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 55 1, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. I I I I Ralph Gutierrez, Mayor I ;=1 I I i (CITY SEAL) W Exhibit A ROM' M!..Mnm Created'. 2021-11-05 10:19:07 [ Created: 2021-11-05 10:19:07 [EST] (Sapp. o.5) 0T.FM Table 21.5.2 •o Syml Zoning District Name Preclevelopment District Single-Family Residential District Residential District esidential District ulti-Family Residential District Residential District Single-Family Residential District FT- i 1 1 GprdenKo e Residential District i Townhome District Manufactured Ho n District Manufactured Home Park District sional District Neighborhood Services District General Business District GB-2 General Business District-2 — --------- - Manufacturing District (Light) acturing District (Heavy) Golf Course District Public Use District welopment District­­,,__­,, Agricultural District Agricultural Conservation District Estate Neighborhood PDD E Mixed Use District HC•D Ill. Campus Commercial Overlay District • 0 )verlay District Downtown Overlay Districts Main Street Mixed-Use District Created: 2021-11-05 10:19:07 [EST] (Sapp. o.5) 0T.FM Created: 2021 -11 -05 10:19:08 [EST] (Supp. No. 5) ZTEM Created: 2021-11-05 10:19:08 [EST] (Supp. No. 5) OMM ZMEM Created: 2022-11-05 10:19:08 [EST] Outdoor Display and Temporary Outdoor Storage. Outdoor display and temporary outdoor storage are displays of items actively for sale or lease that are lightweight and that individually can be easily moved without a mechanical lifting device. Outdoor display and temporary outdoor storage of goods in individual packaging and not in storage containers which are associated with the primary business • the site may be allowed storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building. • Areas intended for outdoor display must • paved and painted to distinguish them from required off-street parking areas. No outdoor displays shall be allowed in • ff-street parking areas or fire lanes. a. General outdoor storage consists • all remaining forms • outdoor storage not classified as outdoor display including items of a large size, mass • volume and that are not easily moved • carried such as used tires, railroad ties, discarded inventory, storage pallets, shipping containers, temporary portable storage facilities/containers and semi trailers not attached to a truck. All outdoor display and storage areas must be clearly shown on the Site Plan submitted for the property. Created: 2021-11-05 10:19:09 [EST] b. Unless specifically authorized elsewhere in the City's ordinances, all outdoor display and storage areas shall be located outside the public right-of-way. 1) The City Manager or his/her designee shall receive applications, documentation and 1 1162121 4;,jPIL-, %j ji 01 , I M 2. Other Outdoor Displays or Outdoor Storage. Outdoor displays and outdoor storage not described in subsection 21.8.9.C.l. shall be in compliance with the provisions of subsection 21.8.9.13. on and after May 1, 2010, Outdoor displays and outdoor storage described in subsection 21.8.9.C.l. shall be discontinued within thirty (30) days after the earliest to occur • the condition described in subsectio 21.8.9.C.l.a.—e. I Created: 2021-11-05 10:19,.09 [EST] (Supp. No. 5) MT-NIM r�� = i ne purpose to pro 1- to meet the needs of a growing City population; for improvements to existing parkland; for establishment, maintenance and operation of a Parkland Dedication Fund; establish WOWAiWi"W4Q&- 1� "I, W *W"- A e7muny parRiana i);L---,oi)uizTaers-OTTdTTU-, UHU IVI Udtill V IdIll land in certain cases. B. Applicability. The parkland dedication and park development requirements of this section shall be applicable to every residential subdivision developed under the provisions of this UDC, whether such subdivision consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land, within the City limits or the City's ETJ. 81. f = - � 2. Prior to submittal of a Final Plat, a Detailed Parks Plan shall be submitted and shall contain, at a minimum, the following information: a. location and size of the proposed park; b. a statement of the suitability of the parkland in meeting the criteria in subsection H. of this section; and F. M11 so 0 0 Fine 91 contain the dedication of an area of land for park purposes meeting the requirements set out in this section, or a notation signed by the Director of Parks, Recreation and Community Services of receipt of an approved cash payment-in-lieu of land. The subdivider of a residential (including multifamily) subdivision or commercial or manufacturing district shall dedicate to the City developed parkland in the amount as established within the fee schedule adopted by the City Council. A proposed plat submitted for approval must: [I oil! I III I I I III I I I I I I I I I I I I i C. Dedication Procedures. The owner of property for a residential subdivision shall be required at final plat approval to dedicate parkland. Dedication of parkland shall be evidenced by a formal dedication • the plat to be recorded. The land so dedicated and conveyed shall not be subject to any reservations • record, encumbrances • any kind, • easements, which in the opinion of the City will interfere with or materially increase the cost of making such land available for parks • recreational purposes. 6. Compliance with Parks and Open Space Master Plan. The City has adopted a Parks and Open Space Master Plan which outlines the necessity for parkland dedication and the types of improvements deemed appropriate for the City. The dedication and development of any parkland and the expenditure of any fees-in-lieu of dedication or development shall be in accordance with the Parks and Open Space Master Plan of the City. Mrs • land shall be made prior to the recordation • the final plat. Parkland Improvement Agreement. The property owner or applicant may request to defer the obligation to dedicate parklands and/or develop parklands until after a final plat recordation. The request shall be submitted in writing and specify what is requested for deferral. Deferral of the obligation to dedicate parkland and/or develop parklands shall be conditioned on execution of an Improvement Agreement and provision of sufficient security, pursuant to Section 21.4.151, Improvement Agreements. The City Manager or his/her designee may approve or deny the request to defer obligations to dedicate parkland dedication and/or develop parklands. The floodplain area is easily accessible and has adequate street frontage. There has been minimal alteration • the natural character of the waterway and ft floodolain area. Some iml2rovements are necessar)t for City access and maintenance. Ji. In r< will floodplain areas • accepted which are less than one hundred feet (100') in width. N. The area's configuration and topography is suitable for the placement • low im•ad facilities such as playgrounds, picnic facilities and open play fields. I. open space being provided must generally be at least one-half acre in size. M e. open space shall be located so as to be easily accessible by lots within the subdivision. • � � t � � MIMBERM= A. Required off-street parking in residential districts shall be provided on the same site, lot or tract as the main use for which the parking is provided. -street parking in nonresidential districts may be located on the same site, lot or tract as thM Required off main use for which the parking is provided or on a site, lot or tract located within the same zoning district and within 150 feet of the main use. specc requirements for off-street parking result in a fraction of a parking space, the next larger whole number of spaces is required. D. Whenever a building • use constructed • established after the effective date of this UDC is changed • enlarged in floor area, number • dwelling units, seating capacity • otherwise, to create a need for an increase in the minimum number of required parking spaces, such spaces shall be provided to accommodatz the enlargement or change. 1. Straight driveways. Curb cuts for residential driveway aprons shall • not less than ten feet (10') in width, and not more than twelve feet (12') in width for a single driveway apron nor more than twent four feet (24') in width for a double driveway apron. Curb cuts will be permitted only for driveway aprons providing access to a garage, carport • hard stand. Not more than one curb cut will • permitted for each residential parcel of land except as follows for circular driveways. I (Supp. No. 5) Created: 2021-11-05 10:19:10 [EST] MR311 W -IWT TI�P A • of two sixteen-foot curb cuts with a minimum of thirty feet (30') between each cut. I Detached accessory, ancillary or storage structures in commercial and manufacturing districts shall not be located in a manner that decreases the minimum number • parking spaces required. K. Areas intended for outdoor displays and general outdoor storage shall not be allowed in designated off- street parking areas or fire lanes and shall not • located in a manner that decreases the minimum number of parking spaces required. # Created: 2021-11-05 10:19:09 [EST] (Supp. No. 5) 0791� 4 r-.WIraIK;&yt#Is&I U-35sm i i#TzM#T*Ti .0,11 Oil No W parking, the accessible parking spaces must be dispersed and locatp-rLrlri-,P-q-tp-th-P-Arrp-cW•ii- entrances and at the most level ground close to the accessible entrance. b. An accessible route must always be provided from the accessible parking to the accessible entrance. An accessible route never has curbs or stairs, must be at least three feet (T) wide, and has a firm, stable, slip-resistant surface. The slope along the accessible route should not be greater than 1:12 in the direction of travel. Accessible parking spaces may be clustered in one or more lots if equivalent or greater accessibility is provided in terms of distance from the accessible entrance, parking fees, and "I . . . f . . . ..., �F 'i 6 # • . • list •0- , W it' 3. Signage. A sign with the international symbol of accessibility must be mounted in accordance with applicable state and federal laws to see marking each disabled parking space. Van accessible spaces must have a sign with "van accessible" on it in addition to the international symbol of accessibility. ;YMMMMIn. i 1:4 able 21.10.4 Schedule of Off-Street Parking Requirements • --....irement Amusement, Commercial (indoor) Amusement, Commercial (Outdoor) S#dCe per-51T bqldFt! It!el • ■ 9 W•Ur SIre space per each 4 fixed spectator seats Assisted Care, Living Facility, Care Facility 1 parking space for each 2 beds gz;:1!j1!jj IIIIIII!"I Bar • Night Club Bed And Breakfast space for each guest room plus I space per mployee Bowling Alley parking spaces for each lane 11 space for each 200 Square feet ■ floor area Day Care Center Fitness Center/Gym Convenience Store/Gas Station I space for each 250 square feet of gross floor area. Spaces provided for fueling at the pump stations shall not be considered parking spaces. Group Home 4 spaces i. i 1 parking space for each bed Hotel Or Motel 1 space for each sleeping room or suite plus 1 space for every 200 square feet of common area not I designated as sleeping rooms Lodging Houses And Boarding Houses 1 parking space for each bedro MMMIEW Created; 2021-11-05 10:19:10 [EST] Created: 2022-11-05 20:19:10 [EST] # •• a. An application shall fully cite the sources used to derive the applicant-submitted parking ratio, possible resources include parking standards material from the Institute of Transportation Engineers (ITE) • the American Planning Association (APA). b. The City Manager or his/her designee shall review the applicant submitted parking ratio to confirm best/current planning practices for a use. C. The City Manager or his/her designee shall approve, modify, or deny the applicant submitted parking ratio. Parking ratio determination where no application is submitted 9 a a It 09 a 9 C. Mixed uses. In the event that several users occupy a single structure, • parcels of land, the total • requirements for off street parking shall be the sum of the requirements for the several uses compute separately unless it can be shown that the peak parking demands are offset, for example with retail an, residential, or theater and office uses. in such case the City Manager or his/her designee may reduce t total requirements accordingly, but not more than twenty-five percent (25%). D. Joint use offacilities. Required parking facilities • two (2) • more uses, structures, • parcels • land may be satisfied • the same parking facility used jointly, to the extent that it can be shown • the owners or operators that the need for the facilities does not materially overlap and provided that such right of joint use is evidenced • a deed, lease, contract, • similar written instrument establishing the joint use. Properties zoned main street mixed-use. Properties zoned Main Street Mixed-Use shall only be required to r j• • • •w Xa—ee3 spaces on site. q Sec. 21.10.5. Striping. A. All parking lots shall be striped in a manner that Will clearly delineate parking spaces, fire lanes and pedestrian crosswalks. PTMAFFIWi =.- T-TUMV, WrOm Created: 2021-11-05 10:19:10 (EST] (Supp. o.5) Table 21.10.8 MVP • f f pf-TWiRwil 1W MTV FIR MIM11111 I EE3WMI= Created: 2021-11-05 10:19:10 (EST] (SUPP. o.5) 1 None fit Ii1 15,000-50,000 100,000-150,000 EEach Additional 50,000 over 150,000 • f f pf-TWiRwil 1W MTV FIR MIM11111 I EE3WMI= Created: 2021-11-05 10:19:10 (EST] (SUPP. o.5) rlmwl?mlrj-ml 511MIUMIMMINIM7,471M Created: 2021-11-05 10:19:20 [EST] (Supp. No. 5) Fn 3 D. Angle parking dimensions. ANGLE FAFKING DIMENSION$ Eff►, Em I ■1 Created: 2022-11-05 10:19:10 [EST] WAW — W A mm�� Lot trees and sh%d;>* planted to visuaw, E,often the soil d Tenc;e Created: 2021-12-05 20:19:10 [EST] (Sapp. No. 5) - SCHERTZ UNIFIED DEVELOPMENT CODE ARTICLE 10. PARKING STANDARDS ARTICLE 10. PARKING STANDARDS Sec. 21.10.1. Purpose. The purpose of this Article is to establish the number of required off - street vehicular parking spaces so as to provide for the needs of occupants, customers, visitors or others involved in the use or occupancy of any building or structure, to eliminate the undue use of the surface street system for parking purposes, to require allocation of sufficient off - street /on -site loading facilities by business and industry which ensures that the loading and unloading of vehicles will not interfere with traffic flow or block roadways and /or fire lanes, to promote and protect the public health, safety, comfort, convenience and general welfare, and to grant and define the administrative powers and duties necessary to enforce this Article. Sec. 21.10.2. General provisions. A. Required off - street parking in residential districts shall be provided on the same site, lot or tract as the main use for which the parking is provided. B. Required off - street parking in nonresidential districts may be located on the same site, lot or tract as the main use for which the parking is provided or on a site, lot or tract located within the same zoning district and within 150 feet of the main use. C. If specific requirements for off - street parking result in a fraction of a parking space, the next larger whole number of spaces is required. D. Whenever a building or use constructed or established after the effective date of this UDC is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for an increase in the minimum number of required parking spaces, such spaces shall be provided to accommodate the enlargement or change. E. All driveways and all required off - street parking spaces shall be on a paved concrete or asphalt surface. All drive approaches shall be of paved concrete. F. Parking spaces provided within a public right -of -way shall not be counted as meeting the minimum requirements of this Article. G. In the event of the construction of a phased development, the minimum number of parking spaces provided shall apply to each phase as it is developed. H. In computing the parking requirements for any building or development with multiple uses, the total parking requirements shall be the sum of the specific parking requirements for each individual use included in the building or development. I. Residential curb cuts. Straight driveways. Curb cuts for residential driveway aprons shall be not less than ten feet (10') in width, and not more than twelve feet (12') in width for a single driveway apron nor more than twenty - four feet (24') in width for a double driveway apron. Curb cuts will be permitted only for driveway aprons providing access to a garage, carport or hardstand. Not more than one curb cut will be permitted for each residential parcel of land except as follows for circular driveways. Schertz, Texas, Unified Development Code (Supp. No. 5) Page 1 of 9 Created: 2021 -11 -05 10:19:10 [EST] Circular driveways. Circular driveways are allowed for lots with a minimum of one hundred feet (100') of frontage. Circular driveways shall have a maximum of two sixteen -foot curb cuts with a minimum of thirty feet (30') between each cut. Detached accessory, ancillary or storage structures in commercial and manufacturing districts shall not be located in a manner that decreases the minimum number of parking spaces required. K. Areas intended for outdoor displays and general outdoor storage shall not be allowed in designated off - street parking areas or fire lanes and shall not be located in a manner that decreases the minimum number of parking spaces required. L., Larking and storage, including vehicles awaiting re air, em as o tee, customers and vendors, for automoblle reaairs and service located on Brain Street, c: <nnot occur in the pub0ic right -of -way_ Sec. 21.10.3. Size of space. A. Each standard off - street surface parking space shall measure not less than ten feet by 20 feet, exclusive of access drives and aisles, and shall be of usable shape and condition. B. Wheel stops. Wheel stops shall be required for all areas of head -in parking adjacent to a landscaped area required in section 21.9.7. Wheel stops shall be designed so that the overhang of vehicles is contained totally within the parking space. If wheel stops are not provided at locations where vehicles extend over the sidewalk areas, a minimum of five feet (5') of free walking area, exclusive of vehicle over hang, width must be provided. C. Each parking space designed for parallel parking shall have a minimum dimension of eight feet by twenty - two feet (8'x 22'). D. Each standard parking space located in a parking garage shall measure not less than ten feet by eighteen feet (10' x 18'), exclusive of access drives or aisles. E. Handicap accessible parking. The number and size of the handicap parking spaces required must follow the Federal Americans with Disabilities Act and Texas Accessibility Standards. The number of handicap parking spaces required is based on the total number of spaces provided. Accessible spaces for cars must have at least a sixty inch (60 ") wide access aisle located adjacent to the designated parking space. Van parking spaces need to have a wider access aisle of ninety -six inches (96 ") to accommodate a wheelchair lift and vertical clearance to accommodate van height. Table 21.10.3 Minimum Number of Handicap Accessible Parking Spaces Total number of parking spaces provided (per lot) Total minimum number of accessible parking spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total parking provided in lot 1,001 and over 20 plus 1 for each 100 over 1,000 (Supp. No. 5) Page 2 of 9 Created: 2021 -11 -05 10:19:09 [EST] Location. Accessible parking spaces must be located on the shortest accessible route of travel to an accessible facility entrance. Where buildings have multiple accessible entrances with adjacent parking, the accessible parking spaces must be dispersed and located closest to the accessible entrances and at the most level ground close to the accessible entrance. An accessible route must always be provided from the accessible parking to the accessible entrance. An accessible route never has curbs or stairs, must be at least three feet (3') wide, and has a firm, stable, slip- resistant surface. The slope along the accessible route should not be greater than 1:12 in the direction of travel. C. Accessible parking spaces may be clustered in one or more lots if equivalent or greater accessibility is provided in terms of distance from the accessible entrance, parking fees, and convenience. Van - accessible parking spaces located in parking garages may be clustered on one floor (to accommodate the ninety -eight inch (98 ") minimum vertical height requirement). Signage. A sign with the international symbol of accessibility must be mounted in accordance with applicable state and federal laws to see marking each disabled parking space. Van accessible spaces must have a sign with "van accessible" on it in addition to the international symbol of accessibility. Sec. 21.10.4. Schedule of off- street parking requirements. A. Off - street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for the uses specified in the districts designated: Table 21.10.4 Schedule of Off - Street Parking Requirements Use Type Parking Requirement Amusement, Commercial (Indoor) 1 space for each 200 square feet of gross floor area Amusement, Commercial (Outdoor) 1 space per 500 square feet of outdoor site area plus 1 space per each 4 fixed spectator seats Assisted Care, Living Facility, Care Facility 1 parking space for each 2 beds Bank, Savings And Loan, Or Other Financial Institution 1 space for each 250 square feet of gross floor area Bar Or Night Club 1 space for each 50 square feet of gross floor area Bed And Breakfast 1 space for each guest room plus 1 space per employee Bowling Alley 5 parking spaces for each lane Car Wash 1 space for each 200 Square feet of floor area Day Care Center 1 space per 250 square feet of gross floor area Fitness Center /Gym 1 space for each 250 square feet of gross floor area Convenience Store /Gas Station 1 space for each 250 square feet of gross floor area. Spaces provided for fueling at the pump stations shall not be considered parking spaces. Group Home 4 spaces Hospital 1 parking space for each bed Hotel Or Motel 1 space for each sleeping room or suite plus 1 space for every 200 square feet of common area not designated as sleeping rooms Lodging Houses And Boarding Houses 1 parking space for each bedroom (Supp. No. 5) Page 3 of 9 Created: 2021 -11 -05 10:19:10 [EST] Manufacturing, Processing Or Repairing 1 space for each 2 employees or 1 space for each 1,000 square feet of total floor area, whichever is greater Medical Or Dental Clinic 1 space for each 200 square feet of total floor area Mini - warehouse /Public Storage 1 space for each 300 square feet of office floor area plus 1 space for each 3,000 square feet of storage area Mortuary /Funeral Home 1 parking space for each 50 square feet of floor space in service rooms or 1 space for each 3 seats, whichever is less based on maximum design capacity) Multifamily, Duplex, Two - Family, Condominium Or 1.5 spaces per 1 bedroom unit Other Similar Use 2 spaces per 2 bedroom unit 2.5 spaces per 3+ bedroom unit Plus additional guest parking provided at a ratio of 5% of required spaces Nursery 1 space per 300 square feet of total sales area Wholesale nursery: 1 parking space per employee of the largest work shift, plus 1 space per 10,000 square feet of display area and 1 space per acre of growing areas Offices 1 space for each 250 square feet of gross floor area Outdoor Facilities (Outdoor Recreational Fields i.e. 20 spaces per designated field or 1 per 4 person Football, Soccer, etc.) design capacity Public Use Parking shall be provided at a ratio approved by City staff based on a parking study provided by the applicant Residence Halls, Fraternity Buildings And Sorority 1 space per person capacity of permanent sleeping Buildings facilities Residential Subdivision Mailbox Kiosk 2 spaces — these maw be in the ri ht- of.waoa but not in the traffic large — an ex an ,ion of the road surface is gcq airgd rid the Idosk must be covered to L)Lgyide s�lelter for pec?ple usinE the kiosk Restaurants 1 parking space for each 100 square feet of gross floor area, or 1 space for each 4 seats, whichever is less (based on maximum design capacity) Retail Sales And Service 1 space for each 250 square feet of gross floor area School, High School, Vocational, All Other Schools Parking shall be provided at a ratio approved by City staff based on a parking study provided by the applicant that shall include vehicle stacking requirements Single Family Attached And Detached Dwelling Units 2 parking spaces per dwelling unit Theaters, Auditoriums, Churches, Assembly Halls, 1 space for each 4 seats or 1 space for every 100 Sports Arenas, Stadiums, Conference Center, square feet of gross floor area, whichever is less Convention Center, Dance Hall, Exhibition Halls, Or (based on maximum design capacity) Other Place Of Public Assembly Automobile Sales Or Rental 1 space for each 3,000 square feet of sales area (open and enclosed) devoted to the sale, display or rental of vehicles Automobile Service, Repair, Garage 1 space for each 200 square feet of total floor area Warehouse 1 space for each 1,000 square feet of total floor area (Supp. No. 5) Page 4 of 9 Created: 2021 -11 -05 10:19:10 [EST] B. New and Unlisted Uses. When a proposed land use is not classified in this section or a single use which have varying parking needs depending on the function of that specific single use, an applicant may submit a parking ratio based on best /current planning and transportation practices. 1. A best /current parking ratio application should include the following: a. An application shall fully cite the sources used to derive the applicant- submitted parking ratio, possible resources include parking standards material from the Institute of Transportation Engineers (ITE) or the American Planning Association (APA). b. The City Manager or his /her designee shall review the applicant submitted parking ratio to confirm best /current planning practices for a use. C. The City Manager or his /her designee shall approve, modify, or deny the applicant submitted parking ratio. 2. Parking ratio determination where no application is submitted a. If the applicant does not submit a parking ratio, then the City Manager or his /her designee shall determine the parking ratio based on the best /current planning and transportation practices. C. Mixed uses. In the event that several users occupy a single structure, or parcels of land, the total requirements for off street parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset, for example with retail and residential, or theater and office uses. In such case the City Manager or his /her designee may reduce the total requirements accordingly, but not more than twenty -five percent (25 %). D. Joint use of facilities. Required parking facilities of two (2) or more uses, structures, or parcels of land may be satisfied by the same parking facility used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use. Properties zoned main street mixed -use. Properties zoned Main Street Mixed -Use shall only be required to provide two (2) on -site parking spaces but must still provide the minimum required number of handicapped spaces on site. (Ord. No. 14-S-47, § 5, 11 -18 -2014; Ord. No. 16-S-27, § 7, 8 -30 -2016; Ord. No. 18 -S -03 , § 1(Exh. A), 1 -23 -2018) Sec. 21.10.5. Striping. A. All parking lots shall be striped in a manner that will clearly delineate parking spaces, fire lanes and pedestrian crosswalks. B. Directional arrows shall be provided in all drive lanes and driveways. Sec. 21.10.6. Shared access and cross lot access easements. Notwithstanding any other provisions of this UDC, unless otherwise approved by the City, to reduce the number of curb cuts and access driveways, the dedication of joint -use, private access driveway easements and cross lot access easements shall be required for all commercial development. (Supp. No. 5) Page 5 of 9 Created: 2021 -11 -05 10:19:10 [EST] Sec. 21.10.7. Stacking requirement for drive - through facilities. A. A stacking space shall be an area on a site measuring eight feet by twenty feet (8'x 20') with direct forward access to a service window or station of a drive - through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. B. All stacking spaces shall be located entirely within the lot and shall be outside of any right -of -way, fire lane or similar access. C. For financial institutions with drive - through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five stacking spaces. D. For each service window of a drive - through restaurant, a minimum of seven stacking spaces shall be provided. E. For kiosks, a minimum of three (3) stacking spaces for each service window shall be provided. Sec. 21.10.8. Off - Street loading /unloading requirements. All retail, commercial, industrial and service structures shall provide and maintain off - street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All public schools shall provide adequate stacking for vehicles based on a parking study approved by City Staff. Such off - street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off - street loading space or truck berth shall consist of a minimum area of ten feet (10') by forty feet (40') and the spaces or berths shall be provided in accordance with the following schedule: Table 21.10.8 Off - Street Loading Requirements Square Feet of Gross Floor Area in Structure Minimum Required Spaces or Berths 0 -5,000 None 5,000 - 15,000 1 15,000- 50,000 2 50,000 - 100,000 3 100,000- 150,000 4 Each Additional 50,000 over 150,000 1 (Ord. No. 16-S-27, § 8, 8 -30 -2016) Sec. 21.10.9. Additional regulations and illustrations. A. Handicapped ramps. (Supp. No. 5) Page 6 of 9 Created: 2021 -11 -05 10:19:10 [EST] A 4' WA,VI,--A—PVT> RAW WMIMM I P 4 FAF4XZrz 5PACE,5 ALL wI'NIq 26, PANDICAPPED F-AMP5., within 26, 0 or Tho L&rte Ot c 1, Sc�61ble- r-,16per&s& In a ft14 Icing Of b (< -.Pnswc ana tc� lnv"Ize- tf,�� L-av�-I dutaee-R, for (he B. Handicapped parking space dispersal. L ,4ANtDIG,4ffffEQ FAFKIN',G C. 90° parking dimensions. (Supp. No. 5) Page 7 of 9 Created: 2021-11-05 10:19:10 [EST] �cm D. Angle parking dimensions. AMA L-7 FAFZ<INGi EDIMENSIONIC�, Drive aisle dimensions. (Supp. No. 5) Page 8 of 9 Created: 2021-11-05 10:19:10 [EST] NrziLE FARKNG ROW 25IRM NOTE& 4 11, b L Mal �-uksjdm zuxw;m or �M=2_0 1516nds Cq Separation of right-of way and parking areas. Lot &-, C,,-b FV�Ilc 5treat Face of Cub G. Landscaping and fencing. Rle�-g of ujay (Supp. No. 5) tr*e,s and plant'sa tc> ylsuaEk� softem the oolld'Terxce Page 9 of 9 Created: 2021-11-05 10:19:10 [EST] Sec. 21.4.5. Post - Decision Procedures. A. Notification Required. Within ten (10) business days following final action on any Development Application, the appropriate City department shall provide written notification to the applicant of the decision of the Board, Commission, Committee or the City Council considering the request. If an application has been denied, the notification should include the reasons for denial as well as any information relating to reapplication procedures for the appropriate application. B. Reapplication Following Denial. Whenever any Development Application, with the exception of any plat application, is denied, a Development Application for all or a part of the same property shall not be accepted for filing for a period of six (6) months after the date of denial unless the subsequent application involves a proposal that is substantially different from the previously denied proposal mar if the in ial denial was consWer d by Hess than 100% of the m embers who could have been seated. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Manager or his /her designee shall resolve any questions concerning the similarity of the reapplication. The final decision - maker may, at its option, waive the six (6) month waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered. C. Amendments and Revisions to Approved Application. Unless otherwise expressly provided by this UDC, any request to amend or revise an approved Development Application shall be considered a new application, which must be decided in accordance with the procedures governing the original application and the standards in effect at the time such new application is filed with the City. D. Amendments Required. Whenever a subsequent Development Application differs substantially from a previously approved Development Application to which the subsequent application must conform, the applicant shall submit an amended Development Application for the initial Development Application, which shall be decided prior to the subsequent application. The applicant's failure to comply with this section shall result in denial of the subsequent application (Supp. No. 5) Page 1 of 1 Created: 2021 -11 -05 10:19:07 [EST] Sec. 21.5.2. Zoning Districts Establishedi The City is hereby geographically divided into zoning districts and the boundaries of those districts herein are delineated upon the Official Zoning Map of the City. The use and dimensional regulations as set out in this Article are uniform in each district. Zoning districts are established in compliance with adopted Comprehensive Land Plan and Master Thoroughfare Plan. The districts established shall be known as follows: Table 21.5.2 Symbol Zoning District Name PRE Predevelopment District R -1 Single - Family Residential District R -2 Single - Family Residential District R -3 Two - Family Residential District R -4 Apartment /Multi - Family Residential District R -6 Single - Family Residential District (See4)n°d4ffafrcxm . } R -7 Single - Family Residential District-( w R -A Single - Family Residential /Agricultural District GH Garden Home Residential District TH Townhome District MHS Manufactured Home Subdivision District MHP Manufactured Home Park District OP Office and Professional District NS Neighborhood Services District GB General Business District GB -2 General Business District -2 M -1 Manufacturing District (Light) M -2 Manufacturing District (Heavy) GC Golf Course District PUB Public Use District PDD Planned Development District AD Agricultural District AC Agricultural Conservation District EN Estate Neighborhood PDD MU Mixed Use District HCOD Highway Commercial Design Overlay District CCOD Campus Commercial Overlay District IOD Industrial Overlay District DO Downtown Overlay Districts MSMU Main Street Mixed -Use District ( Ord. No. 13 -S -22, § 1, 7 -16 -2013 ; Ord. No. 14-S-47, § 1, 11 -18 -2014) (Supp. No. 5) Page 1 of 1 Created: 2021 -11 -05 10:19:07 [EST] Sec. 21.5.5. Statement of Purpose and Intent for Residential Districts. A. Predevelopment District (PRE). Intended for use for undeveloped land in the City or as a temporary designation for existing uses for newly annexed property. This zoning is also suitable for areas where development is premature due to lack of utilities, capacity or service and for areas that are unsuitable for development because of physical constraints or potential health or safety hazards. No improvements, construction or structures may be undertaken without obtaining a building permit and no occupancy of such improvements and structures without obtaining a certificate of occupancy. B. Single- Family Residential District (R -1). Comprised of single - family detached residential dwellings on a minimum lot size of 9,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. C. Single - Family Residential District (R -2). Comprised of single - family detached residential dwellings with a minimum lot size of 8,400 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. D. Two - Family Residential District (R -3). Comprised of two (2) single - family attached residential dwellings with a minimum lot size of 9,000 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. E. Apartment /Multi- Family Residential District (R -4). Intended for apartment and multi - family developments including, but not limited to apartment buildings, duplex, garden apartments, condominium units, assisted living centers, nursing homes and other similar uses. Due to the infrastructure requirements for such districts, the City may require the applicant seeking such zoning classification to establish (i) the adequacy of available access and utility facilities, (ii) sufficiency of drainage, and (iii) provision of sufficient open space. The minimum lot size in such district is 10,000 square feet for three (3) units and 1,800 square feet for each additional dwelling unit. The maximum density shall be twenty -four (24) units per acre. Apartment/Multi- Family Residential Districts should not be located in areas where they would increase traffic through single - family neighborhoods and should be located adjacent to arterial streets with sufficient capacity to carry the increased traffic generated. Multi- family developments are suitable buffers between single - family districts and commercial uses. Multi- family districts should be buffered from non - residential land uses and from pollution sources and environmental hazards. Twenty percent (20 %) of the total platted area shall be provided as common, usable open space. Single- Family Residential District (R -6). Comprised of single - family detached residential dwellings that are on a minimum lot size of 7,200 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. This district is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. j- . d+na -N 2-94 The [maximum size tract that can be zoned R -6 is 30 acres. G. Single- Family Residential District (R -7). Comprised of single - family detached residential dwellings on a minimum lot size of 6,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. This district is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. 4- 4iin e o 1-0 -. The maximum size tract that can be maned R -7 is 40 acres. Single - Family Residential /Agricultural District (RA). Intended to provide for areas in which agricultural land may be held in such use for as long as is practical and reasonable. Residences in this District are intended to be on a minimum lot size of 21,780 square feet (one -half acre). This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. (Supp. No. 5) Page 1 of 3 Created: 2021 -11 -05 10:19:08 [EST] Garden Homes Residential District (GH). Comprised of single - family detached residential dwellings on a minimum lot size of 5,000 square feet together with the schools, churches, and parks necessary to create basic neighborhood units. This District allows the main structure to be constructed coincident with one (1) of the side property lines, and requires only one (1) side yard setback in order to maximize lot usage and yet maintain a neighborhood character consistent with conventional single - family detached homes. No area shall be designated GH that contains less than five (5) adjoining lots on a street. Zero lot line homes shall have no windows on the side of the house, which abuts the property line. Entire frontage of one (1) side of the street in the block must be included in the GH designation. Exception may be made where an alley breaks the block on that side of the street. Homes will be uniformly located on the same side of the lot within a street block. Townhome District (TH). Comprised of an attached residential dwelling unit in structures built to accommodate three (3) to six (6) units per structure. Density shall not exceed twelve (12) units per gross acre. Townhome units shall be constructed on a single lot, or on adjacent individual lots. Individual ownership of the townhome units is encouraged. Minimum lot area shall not be less than 2,500 square feet per dwelling unit. Ten percent (10 %) of the total platted area shall be provided as common, usable open space. This District should not be located in areas where it would increase traffic through single - family neighborhoods and should be adjacent to arterial streets with sufficient capacity to carry the increased traffic generated. K. Manufactured Home Subdivision District (MHS). Intended to recognize that certain areas of the City are suitable for a mixture of single - family dwelling units and HUD -Code manufactured homes, to provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, along with single - family residences, to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to conserve the value of land and buildings, and to protect the City's tax base. This District provides for the creation and /or subdivision of any lot, tract or parcel of land used for the placement of manufactured homes. This District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility in housing types between manufactured home subdivisions and surrounding single family residential subdivisions and recognizing their inherent differences. L. Manufactured Home Park District (MHP). Intended to provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to conserve the value of land and buildings, and to protect the City's tax base. This District provides for the creation of tracts of land used for the placement of multiple manufactured homes on a single lot, tract or parcel of land and utilized for rent or lease. This District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility between manufactured home parks and surrounding properties and recognizing the inherent differences in housing types between manufactured home parks and other residential districts. M. Agricultural District (AD). Intended to provide as a base zoning district in areas designated as agricultural conservation on the North and South Schertz Framework Plans. Residences in this District are intended to be on a minimum lot size of 217,800 square feet (five acres). Clustering of up to two homes may be allowed on the same lot subject to setback requirements. This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. Main Street Mixed -Use District (MSMU). Intended to provide a base zoning district in the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical restraints. (Supp. No. 5) Page 2 of 3 Created: 2021 -11 -05 10:19:08 [EST] 0. Main Street Mixed -Use New Development District (MSMU -ND). Intended to provide a base zoning district in the area along Main Street, specifically for new development of existing properties. This district is intended to mirror The Main Street Mixed -Use District (MSMU), allowing for both single - family residential uses and low intensity commercial uses. Reduced setbacks, parking requirements, along with reduced landscape buffers are provided as part of this district due to physical restraints of the existing properties. ( Ord. No. 13 -5 -22, § 2, 7 -16 -2013 ; Ord. No. 14-S-47, § 2, 11 -18 -2014; Ord. No. 21-S-26, § 1(Exh. A), 7 -6 -2021) (Supp. No. 5) Page 3 of 3 Created: 2021 -11 -05 10:19:08 [EST] Sec. 21.8.9. Outdoor Display and Storage. A. Outdoor display and temporary outdoor storage shall be allowed in Non - residential Districts in accordance with this section. Any merchandise, material or equipment situated outdoors in Non - residential Districts shall be subject to the requirements of this section. For the purpose of this section, outdoor storage and display shall be classified into two (2) categories enumerated as shown below. Table 21.8.9 Permitted Outdoor Display and Storage Category OP NS GB and PUB GB -2, M -1 and M -2 Outdoor Display - P P P and Tempo- rary Outdoor Storage General Outdoor - - - P Storage (P) = Use is permitted in district indicated ( -) = Use is prohibited in district indicated B. Categories of outdoor storage and display. Outdoor Display and Temporary Outdoor Storage. Outdoor display and temporary outdoor storage are displays of items actively for sale or lease that are lightweight and that individually can be easily moved without a mechanical lifting device. Outdoor display and temporary outdoor storage of goods in individual packaging and not in storage containers which are associated with the primary business on the site may be allowed adjacent to a front principal building wall and may not extend into the public right -of -way. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building. Areas intended for outdoor display must be paved and painted to distinguish them from required off - street parking areas. No outdoor displays shall be allowed in off - street parking areas or fire lanes. General Outdoor Storage. a. General outdoor storage consists of all remaining forms of outdoor storage not classified as outdoor display including items of a large size, mass or volume and that are not easily moved or carried such as used tires, railroad ties, discarded inventory, storage pallets, shipping containers, temporary portable storage facilities /containers and semi trailers not attached to a truck. b. General outdoor storage is prohibited within the public right -of -way or fire lane. C. General outdoor storage shall not be allowed in off - street parking spaces. d. General outdoor storage items shall not exceed a maximum of 20 feet (20') in height. e. General outdoor storage items shall be completely enclosed or shall be moved to the rear of the structure, but in no event shall general outdoor storage items be visible from public right -of -way. 3. Outdoor Display and Storage Requirements. (Supp. No. 5) All outdoor display and storage areas must be clearly shown on the Site Plan submitted for the property. Page 1 of 2 Created: 2021 -11 -05 10:19:09 [EST] Unless specifically authorized elsewhere in the City's ordinances, all outdoor display and storage areas shall be located outside the public right -of -way. Exceptions. Vehicles for sale as part of a properly permitted vehicle sales use (including boats and manufactured housing) shall not be considered merchandise, material or equipment subject to the restrictions of this section. Such vehicles must be located and displayed on a paved vehicle use area and clearly indicated on the Site Plan. C. Flea markets, open air markets, farmer's markets with a permanent Certificate of Occupancy for such use are not subject to the restrictions of this section. d. Vehicles awaiting -Lep ir, fool trucks and trailers associated with a business _a p for A Pemn to Ilow_ sar_kin on _an_iLnpaved,are a fora riod_ riot to exceed six months during construction or unique circumstances. The City Manaeer or his/her designee shall receive aonlications. documentation and u >sue errr:its for the ternorar�r „aarkirfi on an unpaved areas during construction or other unic]ue dreUrnstances such as pgj s shorta es as the result of a pandemic. C. Effective Dates. Temporary Limited Non - Conforming Use. Outdoor displays or outdoor storage (temporary or general) described in subsection 21.8.9.8. located on a site on April 30, 2010; in compliance with the provisions of this UDC as in effect on April 12, 2010; and in good working order and actively being used for its intended display or storage purpose on April 30, 2010 may remain in the same location on such site, notwithstanding the provisions of subsection 21.8.9.13. until the earliest to occur of the following: a. the removal of such display or storage from its precise location on April 30, 2010; or b. the failure of the property owner or lessee or the owner of such display or storage to operate or use such display or storage in the manner intended and in effect on April 30, 2010 for a period of three (3) consecutive business days; or c. the reduction in height of any such display or storage that would be governed by subsection 21.8.9.B.2.d. to less than 20 feet (20'); or d. the destruction or damage of such display or storage to the extent of twenty -five (25 %) or more of its area or value; or e. December 31, 2013. During such period, the property owner or lessee or the owner of such display or storage may perform minor repair or maintenance of such display or storage and may replace any unit of such display offered for sale or lease that is sold or leased with a like unit offered for sale or lease but shall not substitute other types of items for sale or lease in such display, and shall not replace, enlarge or substitute storage facilities or storage areas that do not comply with subsection 21.8.9.13. In all events, none of such displays or storage shall be in a condition of disrepair or non - operation. 2. Other Outdoor Displays or Outdoor Storage. Outdoor displays and outdoor storage not described in subsection 21.8.9.C.1. shall be in compliance with the provisions of subsection 21.8.9.13. on and after May 1, 2010. Outdoor displays and outdoor storage described in subsection 21.8.9.C.1. shall be discontinued within thirty (30) days after the earliest to occur of the condition described in subsections 21.8.9.C.1.a. —e. (Supp. No. 5) Page 2 of 2 Created: 2021 -11 -05 10:19:09 [EST] Sec. 21.9.10. - Park and Open Space Dedication Requirements. A. Purpose. 1. The purpose of this section is to provide for the adequate provision of parkland and open space to meet the needs of a growing City population; for improvements to existing parkland; for establishment, maintenance and operation of a Parkland Dedication Fund; establish requirements and procedures for governing required dedications of parkland or improvements to existing parkland by subdividers of land; and for cash payments -in -lieu of land by subdividers of land in certain cases. 2. It is hereby declared by the City Council that recreational areas in the form of parks and open spaces are necessary and for the public welfare and that the only adequate procedure to provide for parkland and park improvements is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the City, whether such development consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land. It is the policy of the City to require subdividers of residential subdivisions and lots to provide for parkland and park facilities at the time of development approval in proportion to the need for such improvements created by the developments and in proportion to the benefits received from contribution of such facilities. B. Applicability. The parkland dedication and park development requirements of this section shall be applicable to every residential subdivision developed under the provisions of this UDC, whether such subdivision consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land, within the City limits or the City's ETJ. C. Submittal Requirements. 1. Prior to Submittal of a Subdivision Master Plan or Preliminary Plat, a General Parks Plan shall be submitted and shall contain, at a minimum, the following information: a. location and size of any proposed parks to be dedicated to the public or to be retained as private parkland; b. a statement of the suitability of the parkland in meeting the criteria in subsection H. of this section; c. a general park development plan including any proposed improvements; and d. a phasing plan. 2. Prior to submittal of a Final Plat, a Detailed Parks Plan shall be submitted and shall contain, at a minimum, the following information: a. location and size of the proposed park; b. a statement of the suitability of the parkland in meeting the criteria in subsection H. of this section; and c. a detailed plan of any proposed improvements, including cost. 3. The Director of Parks, Recreation and Community Services shall review the General Parks Plan and make a recommendation to the Planning and Zoning Commission prior to approval of a Subdivision Master Plan or Preliminary Plat. Recommendations should be based upon the Comprehensive Land Plan and /or the Parks and Open Space Master Plan as adopted by the City, and the standards and provisions contained herein regarding the amount and location of park land and fees -in -lieu of park land dedication. 4. All parkland to be dedicated to the City shall meet the suitability requirements of section 21.9.10.H. D. Parkland Dedication Requirements. 1. Land Dedication. A final plat establishing a residential (including multifamily) subdivision or commercial or manufacturing district either within the City or within the ETJ of the City shall contain the dedication of an area of land for park purposes meeting the requirements set out in this oeotion, or notation signed by the Director ofParks, Recreation and Community Services of receipt of an approved cash payment-in-lieu of land. The subdivider of a residential (including multifamily) subdivision or commercial or manufacturing district shall dedicate to the City developed parkland in the amount as established within the fee schedule adopted by the City Council. A proposed plat submitted for approval must: o. show the location and dimensions of the area proposed to be dedicated for parkland; b. show the number ofdwelling units to be located within the proposed residential subdivision (whether single or multi-family units) orLUEu in a commercial or manufacturing district; o. to|| whether all or any part of the property to be dedicated an a park is located in a special flood hazard area, ao such areas are defined in this UDC; and d. show the proposed streets and utilities bo serve the parcel huba dedicated aoparkland. Development mf Areas Smaller Than Five (5) Acres. The development of park areas smaller than five (5) acres for public park purposes is deemed to be impractical. |f fewer than five (G) acres are proposed to be created bye p|at, then prior hofiling the p|et, the subdivider shall be required to pay to the City the applicable cash payment-in-lieu of land. No plat showing a dedication of less than five (5) acres for a public park shall be approved by the Planning and Zoning Commission. While dedication of parkland to the City in an amount less than five (5) acres is deemed impraotioo|, it is the City's policy to encourage the development of private parkland in accordance with subsection I below and provide credit for development of these private parklands accordingly. 3. Dedication Procedures. The owner of property for a residential subdivision shall be required at final p|nd approval to dedicate parkland. Dedication of parkland shall be evidenced by formal dedication on the plat to be recorded. The land so dedicated and conveyed shall not be subject to any reservations of record, encumbrances of any kind, or easements, which in the opinion of the City will interfere with or materially increase the cost ofmaking such land available for parks or recreational purposes. 4. Development of Subdivision /n Phases. |fa subdivision iatobe developed in phases and the final platting of the park area to be dedicated in to be included in a future phama, then the subdivider shall be required to provide a notation on the plat which acknowledges that dedication of parkland to serve said subdivision will occur with the platting of future phases. 5. Right to AcceptlReject Land. If the City determines that sufficient park area is already in the public domain within proximity of the proposed deve|upment, or if the naonaution needs for the area would be better served by expanding or improving existing parks, the City has the right to accept the dedication or to refuse same and require a cash payment-in-lieu of land. 0. Con?p&ynna with Parks and Open Space Master Plan. The City has adopted a Parks and Open Space Master Plan which outlines the necessity for parkland dedication and the types of improvements deemed appropriate for the City. The dedication and development of any parkland and the expenditure of any fees-in-lieu of dedication or development shall be in accordance with the Parks and Open Space Master Plan cf the City. E. Fee-in-Lieuof Land Dedication Rightto Request Waiver of Dedication Requirements. A subdivider obligated to make a dedication of land may request the City waive the required dedication of land, in whole or in part, and to accept a cash payment-in-lieu of land dedication. Any request for a waiver to the land dedication requirements nho|| be subject to review and recommendation by the Parks and Recreation Advisory Board and final approval by the Planning and Zoning Commission. Required Fee-in-Lieu of Land Dedication. Any subdivider who in required to make a cash payment-in-lieu of land dedication or who is granted a waiver in accordance with snnUnn 21.9.10. 1. above, shall make a cash payment-in-lieu of land in accordance with this section. The amount of such cash payment-in-lieu of land shall be calculated by multiplying the number of dwelling units proposed to be established by the plat times the amount per dwelling unit as established in the fee schedule set from time to time by the City Council. A cash payment -in -lieu of land shall be made prior to the recordation of the final plat. Parkland Improvement Agreement. The property owner or applicant may request to defer the obligation to dedicate parklands and /or develop parklands until after a final plat recordation. The request shall be submitted in writing and specify what is requested for deferral. Deferral of the obligation to dedicate parkland and /or develop parklands shall be conditioned on execution of an Improvement Agreement and provision of sufficient security, pursuant to Section 21.4.15.F, Improvement Agreements. The City Manager or his /her designee may approve or deny the request to defer obligations to dedicate parkland dedication and /or develop parklands. G. Park Development. A subdivider who elects to dedicate parkland in accordance with section 21.9.10.D. above shall improve all dedicated public parkland with improvements approved by the Parks and Recreation Advisory Board and the City Parks and Recreation Department. Design, specification, and construction of the improvements shall be subject to review and approval by the City. Construction of the improvements must be completed within one (1) year of the approval of the final plat of the subdivision. No final plat shall be recorded for any subdivision in which completion of the required improvements has not been accepted by the City; however, in the event that a subdivider requests that a final plat be approved prior to completion of the required improvements, surety for construction of improvements may be provided in the same manner as required of other subdivision- and site - related construction. In -lieu of constructing the improvements required in section 21.9.10.F.1. above, the subdivider may elect to make a cash payment -in -lieu of construction to the City to meet the City's current or future recreational needs. If a developer who has dedicated land in accordance with section 21.9.10.D. above elects to make a fee -in -lieu of payment for park development, the City shall utilize those funds for improvement of parkland within the subdivision in which the funds are collected. In the event there are remaining funds after development of said parkland, the City may utilize the remaining funds to complete improvements in any public park within the City. If the subdivider elects to pay fees -in -lieu of parkland dedication in accordance with section 21.9.10.E. above, then the subdivider shall make a cash payment -in -lieu of construction to the City for the required improvements in addition to the fees paid -in- lieu of dedication. Cash payments made in accordance with this paragraph may be utilized to complete improvements in any public park within the City. 4. Cash payments -in -lieu of required improvements shall be calculated by multiplying the number of dwelling units times the price per dwelling unit as established in the fee schedule set from time to time by the City Council. H. Parkland Dedication Fund. Special Fund. The City shall reserve all fee -in -lieu of payments and any accrued interest from the fee -in -lieu of parkland dedication or fee -in -lieu of parkland development in a separate account from the general funds of the City. This fund shall be known as the Parkland Dedication Fund. Deposit/Expenditure of Parkland Dedication Fund. The City shall deposit sums collected as cash payments -in -lieu of land and cash payments -in -lieu of improvements in the Parkland Dedication Fund. The City shall expend such funds collected for the acquisition of land or for the improvement of existing parks on a first in, first out basis. Records and Method of Expenditure. The City shall maintain records detailing the receipts and expenditures for the Parkland Dedication Fund. All funds deposited as credit for fee -in -lieu of parkland dedication may be utilized for the acquisition and /or development of parkland within the City. All funds collected as fee -in -lieu of parkland development shall be utilized for the development of parkland in accordance with section 21.9.10.F. above. 1. Parkland Design Criteria. Location. Any land to be dedicated to meet the requirements of this section shall be reasonably located and adaptable for use as parkland and /or recreation facility, consistent with the most recent edition of the Comprehensive Land Plan and /or Parks and Open Space Master Plan as adopted by the City Council. 2. Land Suitability. The Parks and Recreation Advisory Board shall make recommendations to the Planning and Zoning Commission regarding the suitability of proposed park land. The location, access, size, shape, topography, natural drainage, utilities, parking facilities, and wooded areas and other vegetative cover of the parcel or tract of land to be dedicated shall be appropriate for public parks and recreation purposes. All such park land shall be designated and located so as to satisfy the requirements of this section. 3. Usable Land. At least fifty percent (50 %) of proposed parkland dedication site shall be level, well drained and suitable for open play. Such land shall be located outside of any one hundred (100) year floodplain or any other special flood zone identified on the most recently approve FEMA FIRM map and shall not exceed five percent (5 %) slope. 4. Access. Access to parkland designated on a subdivision plat shall be provided by the dedication of at least 200 feet of street frontage in a manner satisfactory to the City, preferably at the corner of two (2) intersecting streets. When the land abutting the designated parkland is developed, the subdivider of such abutting land shall furnish and pay for all paving of all abutting street frontage. Utilities. Potable water and wastewater connections shall be readily available at the park site with water and wastewater lines located along the street frontage. The applicant must demonstrate to the satisfaction of the City that sufficient living unit equivalents that are not otherwise committed to other property are available to serve the park within these water and wastewater lines. Drainage Improvements. Any detention ponds and /or other drainage facilities to be constructed in areas that are to be dedicated as parkland must be designed and constructed to also allow for recreational use. The subdivider may be required to demonstrate that the design, placement and construction of such ponds meet the requirements of the City. Floodplain. The following standards shall apply to all land proposed for dedication or parkland which is located in a FEMA designated floodplain or other special flood hazard area. a. Amount of Credit. Every acre of proposed dedicated parkland located within the floodplain or other special flood hazard area shall count as one -half ('/2) acre of land towards the total parkland dedication requirement. b. Criteria for Parkland. Floodplain areas will be considered for eligibility as land to be dedicated based on the following criteria: i. The floodplain area is easily accessible and has adequate street frontage. ii. There has been minimal alteration of the natural character of the waterway and the floodplain area. Some improvements are necessary for City access and maintenance. iii. In no case will floodplain areas be accepted which are less than one hundred feet (100') in width. iv. The area's configuration and topography is suitable for the placement of low impact facilities such as playgrounds, picnic facilities and open play fields. Disturbed Area. Any disturbed parkland shall be restored and the soil stabilized by a vegetative cover by the subdivider. Disclosures. Prior to dedication of parkland, the subdivider shall make full disclosure of the presence of any hazardous substances and /or underground storage tanks (USTs) of which the subdivider has knowledge. The City, at its discretion, may proceed to conduct such initial environmental tests and surveys on the land as it may deem appropriate, and the subdivider shall grant to the City and its agents and employees such reasonable access to the land as is necessary to conduct such surveys and tests. If the results of such surveys and tests indicate a reasonable possibility of environmental contamination or the presence of USTs, the City may require further survey and tests to be performed at the subdivider's expense as the City may deem necessary prior to its acceptance of the dedication, or in the alternative, the subdivider may be required to identify alternative property or pay the fees -in -lieu of such parkland dedication. 10. Trash and Debris. The park site shall be free of trash and debris. If the condition of the dedicated parkland is disturbed during construction of subdivision improvements then the subdivider shall be responsible for returning the dedicated land to its previous condition prior to or at the time of final plat filing. The public improvements to be constructed per the applicable subdivision plat will not be accepted by the City until such time that the above conditions have been met. 11. Areas not Meeting the Minimum Requirements. In the event that areas proposed for dedication do not meet the grade, slope, or other requirements for parkland dedication found in this section, but are known to contain sensitive environmental features, the City may, at its discretion and after review by the Parks and Recreation Advisory Board, modify the standards of this section subject to the following limitations: a. that such areas shall provide recreational or educational opportunities for the surrounding community in -lieu of parkland dedication; b. that such areas shall be given a partial credit against the requirement of land dedication and /or payment of fees; and c. that such areas shall meet any additional standards deemed necessary by the Planning and Zoning Commission after a recommendation by the Parks and Recreation Advisory Board, pertaining to the dedication of land containing sensitive environmental features. Private Parks. Private Parkland Required. It is the intent of the City to provide for adequate areas of parkland within every subdivision as deemed practical by the City. All residential subdivisions developed after the effective date of this UDC that do not dedicate land in accordance with Paragraph D above, shall be required to dedicate an area as private parkland or open space. The amount of parkland dedicated and amenities provided shall be approved by the Parks and Recreation Advisory Board. - ufi m li enerai b .a oHows: 4135.6 s rare fi t of rivrate o en s a p--(Y�l,Lc —h e uates to one acre er f 00 lots for the first 29-0 -S c le family residenti 9 to . 217.5 cur feet of private o ears s ice which e uates to one-half acre per lot j for every additional Sin le famii _ residential lot over 200 lot. c. private open spsqce shall not tie si o7if� encum Bred b ut'slitw easements and m not be located within drama e easements. d en s race bein resvided ms st (serail be at least one -hakf acre in sire. �, o yen s acre stsall be located so as to be Basil ace�tai� ��w lots wittsin the subdivision. Credit for Private Parkland. Up to fifty percent (50 %) in area of a subdivision's total parkland dedication requirement may be satisfied through the dedication of a private park within the subdivision. Up to fifty percent (50 %) of the parkland development fee may be satisfied through the development of a private park within the subdivision. Maintenance of Private Parks. The subdivider must submit a condominium declaration, homeowner's agreement or similar document which establishes the private ownership and maintenance responsibility of any private park areas together with a mechanism for funding the maintenance of the park established to meet the requirements of this section. In addition, a plat note must be included on the preliminary plat and final plat stating the ownership and maintenance responsibility of all private park areas. 4. Requirement of Continued Use. A restrictive covenant shall be recorded at the time of the recording of the plat, which covenant shall run with the land subdivided. The covenant shall restrict use of private parks and facilities to park and recreational purposes and must be submitted for approval by the City prior to final plat acceptance. Security for Performance. The City may require financial assurances from the subdivider that the private park will be developed and completed, with assurances that a failure by the subdivider to timely complete the improvements to the park shall result in dedication of the private park to the City and the proceeds of the financial assurances as offered become the property of the City for use in completing the park. (()rd. No. 17-S-4f_ § l(Bxh. A) 10-24-2017) Agenda No. 12. CITY COUNCIL MEMORANDUM City Council April 1.2, 2022 Meeting: Department: Public Works Subject: Workshop discussion on the planned road repairs on Old Wiederstein Road (C.Kelm /S. Williams) BACKGROUND Public Works is planning to perform road repairs on Old Wiederstein Road from Cibolo Valley Drive to Dean Road. Staff will be briefing City Council on the planned details of the project including; scope of repairs, estimated cost, and anticipated schedule. Agenda No. 15. CITY COUNCIL MEMORANDUM City Council April 12, 2022 Meeting: Department: Engineering Subject: Monthly Update on Major Projects in progress /CIP. (B. James/K. Woodlee) BACKGROUND City staff has provided the attached update. Attachments Council Update Informational Only CITY COUNCIL MEMORANDUM City Council Meeting: April 12, 2022 Department: City Manager Subject: Update on Major Projects in Progress Background This is the monthly update on large projects that are in progress or in the planning process. This update is being provided so Council will be up to date on the progress of these large projects. If Council desires more information on any project or on projects not on this list, please reach out to staff and that information will be provided. Facilities Protects: 1. 27 Commercial Place Renovation • Project Status: Closeout Phase • Construction Start: June 2021 • Estimated Completion: September 2021 • Cost of Construction: $1,372,794 • Project Update: Staff continues to work with the contractor to close out the final payments for the project. 2. Animal Adoption Center HVAC Replacement Project • Project Status: Closeout Phase • Construction Start: October 2021 • Estimated Completion: February 2022 • Cost of Construction: $700,000 • Project Update: City Staff has been operating inside the facility since February. Team. Mechanical is working to resolve punch items throughout the facility. 3. Civic Center HVAC Replacement Project • Project Status: Construction Phase • Consultant: M &S Engineering • Contractor Sullivan Contracting Services • Projected Completion: June 2022 • Design Cost: $93,500 (NTE) • Construction Cost: $1,150,000 (NTE) • Project Update: Sullivan Contracting was awarded the full construction contract for the project on March 8`'' and construction began on March 22nd. Construction is expected to be completed in early June. 4. Borgfeld Facility Renovation Project o Project Status: Scope Development Phase/ Demo of existing drywall and insulation. o Projected Completion: Summer 2022 o Project Update: Project will consist of renovating approximately 1600 SF of office space. This will be primarily done in house by the Facilities Team. 5. Animal Adoption Center Fence Project o Project Status: Complete o Project Completion: February 2022 o Estimated Cost: $40,000 o Project Update: Fence installation is complete. Gate has been installed and power has been run to the gate motor. Access controls and safety loops have been installed. o Coordinating with IT for badge access to open the gate. 6. Community Center HVAC Replacement o Project Status: Awaiting HVAC units o Projected Completion: June 2022 o Estimated Cost: $42,620 o Project Update: Contractor anticipates a 70 -day lead time for the delivery of the new HVAC units. Once units are delivered, the installation should take one day, as we will be using the existing duct work. Drainage Projects: 1. Savannah Square Detention Basin, Sycamore Creek at Westchester Drive, and Dietz Creek at Arroyo Verde (2020 Silt Removal Projects) o Project Status: Construction Phase o Consultant: Unintech Consulting Engineers, Inc. (previously Ford Engineering) o Construction Start: July 26, 2021 o Cost of Construction: $291,627.47 (NTE $320,000) o Project Update: Myers Concrete Construction has completed all work except minor cleanup at Sycamore Creek. The final acceptance letter was provided on March 11, 2022. Water and Wastewater Proiects: 1. Woman Hollering Creek Wastewater Interceptor Main and Lift Station o Project Status: Construction o Construction Contractor: Thalle Construction Co., Inc. o Construction Management: AGICM o Design Engineer: Cobb, Fendley & Associates, Inc. o Estimated Construction Start: Winter 2021/2022 o Estimated Cost of Construction (including construction and ancillary contracts): $1.2 million o Project Update: Bore of 48 -inch diameter steel casing pipe, 34 -feet deep, across FM 1518 has been completed. Contractor material submittals continue being submitted and reviewed. Surveying, staking, and clearing of easement areas is in progress. 2. 24" Dedicated Transmission Main Design Phase II Overall project intent is the construction of a 24" dedicated water transmission main to connect the Live Oak water storage facility to the IH 35 storage tank. Phase l (route study, land acquisition coordination) was completed in March 2021. o Project Status: Design Phase o Consultant: Kimley -Horn & Associates o Design Project Start Date: June 1, 2021. o Project Completion Date: Winter 2022 o Project Cost (Phase 2 Design): $1,508,875.50 o Project Update: The Public Works Department have been assisting the project team by uncovering existing water mains to confirm the depth and location of route crossings. Final site utility engineering investigations are being conducted. The revised route of the Dedicated Transmission Main is provided on the CIP Map. Draft easements are anticipated to be under review in May. 100% design is ongoing. The IH -35 Tank will require a test shut -down for this project and Public Works will monitor pressures throughout the system during the test shut -down. 3. Riata Lift Station Relocation (Design Phase) Overall project intent is to relocate the Riata Lift Station ahead of TxDOT's IH -35 NEX Project to remove it from conflict with the proposed improvements. The design phase will identify a new site for the lift station, design the new lift station, and design the abandonment of the existing lift station. o Project Status: Design Phase o Consultant: Utility Engineering Group, PLLC (UEG) o Design Project Start Date: August 2020 o Expected Design Project Completion Date: Summer 2022 o Total Project Cost (Design Phase): $129,795 (NTE $143,000) o Project Update: UEG is continuing to work with the landowner for the site and easement acquisition. Minor site revisions were requested by the property owner to keep the impact of the site to a minimum. 4. Aviation Heights Water Main Construction — Phases 5, 6, and 7 (Construction Phase) Overall project intent is the construction of an 8" water main within the Aviation Heights area along Aero Avenue, Brooks Avenue, Winburn Avenue, Mitchell Avenue, and Aviation Avenue. o Project Status: Construction Phase o Consultant: Unintech Consulting Engineers, Inc. (previously Ford Engineering) o Project Start Date: October 18, 2021 o Expected Project Completion Date: January 24, 2023 o Total Project Cost: $1,785,484.25 o Project Update: Work continues by MC Fonseca to place the 8" water main along Mitchell Avenue including temporary backfill and cold -mix asphalt. The water line on Aero Avenue, Winburn Avenue, and Brooks Avenue has been installed, tested, and is in service. The Contractor is working on obtaining rights -of -entry and temporary construction easements on private property where the new water meter will connect to water services near each home, as required. Brooks and Winburn Avenue paving is ongoing. Paving is complete on Aero Avenue. Residents continue to reach out to City staff to answer questions about the status of the project, disturbance on private property, and water main shut - downs. A change order was approved for additional paving on Winburn Avenue due to poor pavement condition of the 600 block after water main installation. Of 21.6 affected property owners, 58 residents are operating from new mains. 5. Crest Oak Wastewater Upsize Overall project intent is to upsize the existing 10" sewer main which extends approximately 2,600 linear feet north of Crest Oak. o Project Status: Contract Phase o Consultant: None o Project Start Date: Spring 2022 o Project Completion Date: Summer 2022 o Total Project Cost: $1,269,119.78 (NTE) o Project Update: The construction contract with Fuquay has been initiated and a notice to proceed is expected to be issued in April. 6. FM 1518 Utility Relocations Overall project intent is to relocate the water and sewer utilities to avoid conflicts as part of the TXDOT FM 1518 Project. The current contract is for the design services of the project. • Project Status: Design Phase • Consultant: Halff Associates • Design Project Start Date: June 2021 • Expected Design Project Completion Date: September 2022 • Total Project Cost: $548,370 (NTE $600,000) • Project Update: Halff is completing the field survey and beginning the easement acquisition for the 16" water line proposed along Aztec Lane to avoid conflicts with relocation at the intersection of FM 151.8 and FM 78. 7. Corbett Ground Storage Tank Overall project intent is the construction of a 3.0 Million Gallon ground storage tank for filling the Corbett Elevated Storage Tank, the East Live Oak Elevated Storage Tank, plus additional storage. • Project Status: Design Phase • Consultant: Unintech Consulting Engineers, Inc. (previously Ford Engineering) • Design Project Start Date: June 7, 2021 • Expected Project Completion Date: May 2022 • Total Project Cost: $466,265.00 • Project Update: Final plans and specifications were received on March 28, 2022. Once review is completed by City Staff, the project is anticipated to be advertised on April 20, 2022. Street Projects: 1. 2018 Street Preservation and Maintenance Reconstruction Project • Project Status: Substantially Complete • Construction Start: January 2020 • Construction Completion: Summer 2020 • Cost of Construction: $1,501,199 • Project Update: No change since last report. All work has been completed. 2. 2018 Street Preservation and Maintenance Resurfacing Project • Project Status: Under Construction • Construction Start: March 2020 • Construction Completion: Summer 2020 • Cost of Construction: $791,174.34 • Project Update: The chip seal repairs and fog seal are expected to be completed in the late spring /early summer when we have favorable weather. 3. Elbel Road Storm Drain and Paving • Project Status: Design • Consultant: Unintech Consulting Engineers, Inc. (previously Ford Engineering) • Project Start Date: October 4, 2021 • Project Completion Date: Spring 2022 o Total Project Cost: $1,964,000 o Project Update: The traffic signal work at the Westchester intersection is underway. Unfortunately, the traffic signal completion has been delayed. The traffic signal poles and mast -arms have not been delivered. The original delivery date was in January, but got pushed back to February. The supplier has now stated the delivery will not occur until May. The contractor will begin work on the project punch list this week. 4. 2020 Street Preservation and Maintenance (Resurfacing) Project o Project Status: Under Construction o Consultant: Kimley -Horn & Associates o Project Start Date: November 15, 2021. o Project Completion Date: Spring 2022 o Estimated Cost of Construction: $2,153,000 o Project Update: The asphalt repairs are expected to resume this month. Once the repairs have bene completed, the streets will be crack sealed and then the slurry seal applied. The contractor expects to apply the slurry seal in June. 5. Tri- County Parkway Reconstruction Project o Project Status: Construction o Consultant: Halff Associates o Construction Start: Spring 2022 o Estimated Cost of Construction: $4,900,000 o Project Update: Construction began this week. The contractor has two crews working on the project. One crew is installing the new sanitary sewer main while the other crew has started the street reconstruction. The sanitary sewer line installation started in Lookout Rd, near Doerr Lane and will progress to Tri- County, then turn the corner and go to FM 3009. The street reconstruction started at Corridor Parkway and will head towards FM 3009. This means that traffic on Tri- County Parkway and on Lookout between Doerr and Tri- County is restricted to one lane, one way. The traffic flow is one -way from IH -35 to FM 3009 and one -way from Doerr Ln to Tri— County. This traffic control set up will remain until the project is completed. Construction is expected to be complete in five (5) months. 6. Pedestrian Routes and Bike Lanes Project o Project Status: Under Construction o Construction Start: Spring 2021 o Construction Management: AGICM o Estimated Cost of Construction: $1.3 million o Project Update: the contractor is working on the punch list for the project. We expect the punch list items to be completed in a couple of weeks. 7. Main Street Improvements Project o Project Status: Design o Consultant: Kimley -Horn Associates o Project Update: The consultant continues to refine the project plans and cost estimates. The revised plans will be presented to the Main Street Committee and the Historical Preservation Committee this month. With both committee's approval of the plans, the final plans for the project will be created. Also ongoing is coordination with GVEC and the other utility companies to develop plans for relocation of the existing utilities. 8. Eckhardt Road Maintenance Project The City is partnering with Guadalupe County to have some heavy maintenance performed on the section of Eckhardt Road from the entrance to the Parklands Subdivision past the intersection with Green Valley Road. The City is purchasing materials and Guadalupe County is providing labor and equipment to perform a more complete maintenance effort than continuing to address individual potholes as they appear. The road will have a 2- Course Surface Treatment when completed. The project is currently on the County's schedule to start March 7th, 2022, and be completed by June of 2022. The County will complete the milling from City Limits to Park Leaf, mixing in the lime, ASP 200 oil and rolling it in. The roadway will need to cure approximately 3 weeks before the County puts down the two course surface treatment. TxDOT Roadway Projects: 1. FM 1103 Improvement Project: No change from previous update. The FM 1103 project has been delayed due to some ongoing utility work and a proposed change in a retaining wall design. TxDOT is currently expecting ground breaking in June 2022. The start date continues to be subject to change. 2. FM 1518 Improvement Project: No change from previous update. TxDOT is in the Plans, Specs, and Estimates (PS &E) stage of the project. At this time, the design consultant for TxDOT has prepared 90% construction plans and is working toward 95% completion. The project was scheduled to be let for construction in September 2022 but that date has shifted and is now planned for September 2023. The delay allows additional time for utility relocations as well as incorporation into the full project schedule of the segment of right of way adjacent to J�BSA Randolph. It was previously expected that that segment would lag behind the rest of the project, but will not allow the entire length from FM 78 to IH 10 to be completed at once. 3. I -35 Operational Improvements Project (FM 2252 to Schwab Road): No change from last update. The contractor continues slow progress on the project. Work continues on project elements outside the travel lanes and on the VIA Park & Ride facilities. Mainlane paving with porous friction course (PFC) asphalt has stopped due to cold night weather. It is expected to resume in late March or April 2022 once low nighttime temperatures are above 70 degrees. Completion of the project is now expected in late spring 2022. 4. I -35 NEX (I -410 South to FM 1.103): No change from last update. A design -build contract for the central segment of the I -35 Northeast Expansion project has been awarded to Alamo NEX Construction. The central section runs from 41.0 N to FM 3009 is fully funded. Significant construction is expected to begin in spring 2022. 5. IH -10 Graytown Road to Guadalupe County Line: Grading for the widening of the main lanes has also begun and utility relocations are underway. (No City of Schertz utilities need to be relocated for this project.) Ramp and lane closures take place as necessary and occasionally include full closure of the main lanes for work such as bridge demolitions. The westbound frontage road bridge over Cibolo Creek has been reopened. Construction of the Trainer Hale Road overpass is progressing. Work is also progressing on the expansion of the FM 151.8 bridge over IH 10. IH 10 at FM 1518 Studies and Plans: 1. Water and Wastewater Master Plan Update and Impact Fee Study o Project Status: Study o Consultant: Lockwood, Andrews, and Newnam, Inc. o Project Start Date: December 2019 o Project Completion Date: TBD 2022 o Total Project Cost: $467,280 (NTE $500,000) o Project Update: No change from previous update. Staff is working with LAN to fine tune land use assumptions in advance of Comprehensive Land Use Plan update to ensure that projections are appropriate. LAN continues to work on completion of utility models and have identified issues that require further investigation to confirm validity of assumptions. Once land use assumptions are approved and issues with the models are resolved, future conditions will be input to the models for development of the Capital Improvement Plan for the Impact Fee update. 2. Stormwater Control Inventory and City Operations Assessment The work of this project is an action included in the City's Stormwater Management Plan. (Plan). The Plan is the blueprint of activities needed to comply with the City's Texas Commission on Environmental Quality (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) General Permit required by virtue of the City's classification as Municipal Separate Storm Sewer System (MS4). This project specifically consists of development of an inventory of City facility stormwater controls and an assessment of city operations as related to stormwater control and quality. o Project Status: Study o Consultant: Utility Engineering Group, PLLC o Project Start Date: July 2020 o Project Completion Date: Summer 2022 o Total Project Cost: $35,000 o Project Update: No change from last project update. Consultant and City staff have visited City sites for information collection. Consultant has submitted a final draft from the compiled information and Inventory Assessment is under review by staff. 3. PCI Data Collection Study o Project Status: Study Underway o Consultant: Fugro, Inc. o Project Update: Fugro will drive all the City streets and collect all the street distresses this month. Once the data collection is completed, the data will be reviewed and verified. The verified data will be placed into a PAVER file so it can update the PCI scores for all the streets and the final reports and files will be provided to the City. Fugro expects to have the final reports and all the data complete and submitted by June. Planning and Community Development Projects: 1. CityView Permitting and Development Software The CityView software is currently configured by the CityView implementation team for testing. City Staff (IT and P &CD) is performing User Acceptance review. There will be 1.4 1/2 days of staff training prior to the software Go -Live. Staff training is scheduled to begin at the end of April and Go -live to follow in May 2022. i. Total. Project Cost: $523,766.00 ii. Project Start Date: June 2018 . iii. Project Completion Date: July /August 2022 2. Comprehensive Land Use Plan Update The Request for Qualifications (RFQ) was posted and closed on March 30. Staff is reviewing the responses and anticipates making a recommendation to Council at the last meeting in April or the first meeting in May.