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10-29-2013 Agenda with Backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL October 29, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, OCTOBER 29, 2013 AT 6:00 P.M. Call to Order ? Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Reverend Brett Becker, St. Paul Evangelical Church, Cibolo, TX) City Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Announcements and recognitions by City Manager (J. Kessel) 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 3 no more than minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. Minutes 1. - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 22, 2013. (J. Kessel/B. Dennis) ïðóîçóîðïí Ý±«²½·´ ß¹»²¼¿ Ordinance No. 13-S-47 - ZC2013-011 ? 2. Consideration and or action approving an ordinance on a request by Keith Sanders to rezone approximately 7.57 acres of land from General Business (GB) to General Business ? 2 (GB-2). The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City Final Reading of Schertz; Guadalupe County, Texas and located at 200 FM 3009.(B. James/L Wood) Ordinance No. 13-S-48 - SUP2013-002 ? 3.Consideration and or action as requested by Keith Sanders for a Specific Use Permit to allow RV Storage & Mini- Warehouse/Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, Final City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Reading (B. James/L. Wood) Ordinance No. 13-S-49ZC2013-013 4. - ? Consideration and or action as requested by Petroleum Wholesale to rezone approximately 3.99 acres of land from Predevelopment District (PRE) to General Business ? 2 (GB-2). The property is more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar Final Reading County, Texas and located at 14425 IH 10 East. (B. James/L. Wood) Ordinance No. 13-S-50 - SUP2013-003 ? 5.Consideration and or action as request by Petroleum Wholesale for a Specific Use Permit to allow a convenience store with gas pumps on approximately 3.99 acres of land from Predevelopment District (PRE) to General Business ? 2 (GB-2). The property is more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar County, Texas and located at Final Reading 14425 IH 10 East. (B. James/L. Wood) Resolution No. 13-R-92 6. ? Consideration and/or action approving a Resolution authorizing grant acceptance of $75,000.00 from the FY2013 Homeland Security Grant Program, which is to be utilized for technological improvements of the Computer Aided Dispatch and Report Management Systems, and other matters in connection therewith. (J. Bierschwale/M. Hansen) Discussion and Action Items Appointments/Reappointments and Resignations to City Boards, Commissions, 7. Committees ? Consideration and/or action regarding appointments/reappointments and resignations to City Boards, Commissions, and Committees. (J. Kessel/B. Dennis) Appointment of John Cook ? Regular Member, Transportation Safety Advisory Commission Appointment of Terry Welch ? Alternate Member, Transportation Safety Advisory Commission Ordinance No. 13-T-55 8. ? Consideration and/or action approving an Ordinance authorizing a Budget Adjustment to fund additional lighting for the Maske Road ïðóîçóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó î ó Soccer Complex; repealing all Ordinances or parts of Ordinances in Conflict with this First Reading Ordinance; and providing an effective date. (B. James/P. Gaudreau) Resolution No. 13-R-93 9. ? Consideration and/or action approving a Resolution authorizing changes to the City?s Bereavement policy as contained in the City of Schertz Employee Policy Handbook and the creation of the Employee Classification Policy to be added to the Employee Policy Handbook. (J. Kessel/B. Cantu/J. Smith) Roll Call Vote Confirmation Requests and Announcements 10. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives 11. Requests by Mayor and Councilmembers that items be placed on a future Cit12 Council agenda. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. 13. Announcements by Mayor and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; ïðóîçóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó í ó Section 551.074 Texas Government Code ? Deliberation regarding personnel matters ÜÏÙthe appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Reconvene into Regular Session 14. Take any actiondeemed necessary as a result of the Executive Session. Adjournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY 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 25th DAY OF OCTOBER 2013 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. ùÎÏÏÜêÚÕÐÎØÒØÑ Donna Schmoekel, Deputy City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available.If you require special assistance or have a request for sign interpretative services or other services please call 210 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor CarpenterMayor Pro-Tem Fowler ? Place 1 Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Schertz Housing Board Liaison Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Scagliola ? Place 2Councilmember Antuna - Place 3 Animal Control Advisory Committee ASA Commuter Rail District Board ? Lone Star Cibolo Valley Local Government Corporation Randolph Joint Land Use Study (JLUS) Executive Interview Committee for Boards and Commissions Committee Sweetheart Advisory Committee Schertz Seguin Local Government Corporation ïðóîçóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó ì ó Councilmember Edwards ? Place 4Councilmember ? Verinder ? Place 5 Audit CommitteeAudit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee ïðóîçóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó ë ó Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 29, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular meeting on October 22, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes ofthe Regular meeting of October 22, 2013. ATTACHMENT Minutes ? Regular meeting October 22, 2013. MINUTES REGULAR MEETING October 22, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 22, 2013, at 6:05 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas.The following members present to-wit: Mayor Michael Carpenter Mayor Pro-Tem Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Cedric Edwards Councilmember Sydney Verinder Staff Present: Executive Director Brian James Executive Director David Harris Executive Director John Bierschwale City Secretary Brenda Dennis City Attorney Katherine Tapley Deputy City Secretary Donna Schmoekel CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:05 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Pastor Robin Thompson, Life Bridge Christian Church, gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements of upcoming events: -Tuesday, October 22, 2013 through November 1, 2013 ? Early voting continues. See your County Early voting locations at www.schertz.com ? click on the election banner or call the City Secretary at 619-1030 for information. -Thursday, October 24, 2013 ? Northeast Partnership, Olympia Hills Golf and Conference Center, Universal City, 11:30 a.m. to 1:00 p.m. -Thursday, October 24, 2013, Schertz Library, 3:30 p.m. to 6:30 p.m., - help with set-up for Book Sale. -Thursday, October 24, 2013 ? Meet the Candidates - Schertz Civic Center 6:00 p.m. to 8:30 p.m. -Friday, October 25, 2013 ? Gunn Buick GMC Ribbon Cutting, 16440 IH 35, Selma, 12:00 p.m. to 1:00 p.m. SAVE THE DATE ITEMS: 10-22-2013 Minutes Page- 1 - -Thursday, October 31, 2013 ? Dedication Ceremony of the Hal Baldwin Memorial Plaza ? Hal Baldwin Municipal Complex - 11:00 a.m. -Friday, November 1, 2013 ? Hal Baldwin Golf Tournament ? Olympia Hills Golf & Conference Center ? 8:00 a.m. registration and 10:00 a.m. shotgun start. Registration information can be found on our website at www.schertz.com -Thursday, November 14, 2013 ? Community Volunteer Banquet & Steve Simonson Award ? Schertz Civic Center 6:30 p.m. Please RSVP to 619-1030. Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized and complimented Human Resource Director Josh Smith who had put together a program regarding the benefits for the employees which discussed the enrollment options for the upcoming FY 2013-14. Mr. Kessel stated that he had received an email from a couple from Canada thanking Geoff Nienstedt with Roadrunner Towing. He stated that he had received an email from the couple who had been traveling with their RV through Schertz. Their RV caught fire and had been towed by Roadrunner. Not noticing that they hadn?t gotten all their personal items out of their RV, particularly an envelope with cash, they contacted Roadrunner Towing personnel who were able to retrieve and return the envelope back to the couple. Presentations: Presentation, discussion, and consideration and/or action regarding an authorization of a project budget and budgetary transfer of funds for the Hal Baldwin Memorial Plaza and the updating of signs in connection with the Hal Baldwin Memorial Plaza. (D. Harris/M. Spence) Ordinance No. 13-T-54 A. ? Consideration and/or action approving an Ordinance authorizing a project budget and budgetary transfer of funds for the Hal Baldwin Memorial Plaza and the updating of signs in connection with the Hal Baldwin Memorial Plaza, providing an effective date, and declaring an First & Final Reading emergency. Mayor Carpenter recognized Executive Director of Support David Harris who provided a PowerPoint presentation regarding the design and layout of the new Hal Baldwin Memorial Plaza, at the Hal Baldwin Municipal Complex. Mr. Harris stated that staff requests no action be taken this evening on the Ordinance, but wants Council concurrence to move forward on the project. Mayor and Council concurred to have staff move forward on the project. No action was taken on the Ordinance. Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill 3 out the speaker?s register prior to the meeting. Presentations should be limited to no more than minutes. 10-22-2013 Minutes Page- 2 - All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following who spoke: Mr. Carl Douglas, 2550 Wood Village Place, who provided his comments and opinions regarding the lack of information for the Council candidates running in the November election. He recommended that future candidates provide information to the voting public in a timely manner before an election so an educated decision can be made by the voters. Mr. Robin Thompson, Schertz Chamber of Commerce, who stated the recent Golf Classic event was a huge success and the amount raised will be announced at the December luncheon. He reminded everyone that the deadline for submitting articles for the Schertz Business Directory and Visitors Guide for next year will be this th coming Friday. Also, the Awards Banquet will be held on November 15. Councilmember Antuna left the dais at 6:21 p.m. and was not present to cast a vote on this item. Consent Agenda Items Minutes 1. - Consideration and/or action regarding the approval of the minutes of the Regular meeting of October 15, 2013. (J. Kessel/B. Dennis) Ordinance No. 13-D-43 ? 2.Consideration and/or action approving an Ordinance amending the City Code of Ordinances Section 86-41 Stop Intersections designating a stop sign at Final Reading Verde Parkway & Mid Cities Parkway. (J. Bierschwale/L. Busch) The following was read into record: ORDINANCE NO. 13-D-43 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-41, STOP INTERSECTIONS- DESIGNATED; AND PROVIDING AN EFFECTIVE DATE Ordinance No. 13-D-44 3. ? Consideration and/or action approving an Ordinance amending the City Code of Ordinances Section 86-115 Maximum limits generally on specific street Final Reading designating 30 mph on Triton, Guada Coma, and Corridor Parkway. (J. Bierschwale/L. Busch) The following was read into record: 10-22-2013 Minutes Page- 3 - ORDINANCE NO. 13-D-44 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 13-R-88 4. ? Consideration and/or action approving a Resolution authorizing a Professional Services Agreement with Ford Engineering, Inc., relating to engineering and design for the East Dietz Creek Construction project in the Arroyo Verde Subdivision, and other matters in connection therewith. (J. Bierschwale/J. Hooks) The following was read into record: RESOLUTION NO. 13-R-88 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING AND DESIGN FOR THE EAST DIETZ CREEK CONSTRUCTION PROJECT IN THE ARROYO VERDE SUBDIVISION, AND OTHER MATTERS IN CONNECTION THEREWITH Resolution No. 13-R-89 5. ? Consideration and/or action approving a Resolution revising the Schertz Library Advisory Board Bylaws. (B. James/G. Douglas/M. Uhlhorn) The following was read into record: RESOLUTION NO. 13-R-89 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SUBMITTED CHANGES TO THE SCHERTZ LIBRARY ADVISORY BOARD BY-LAWS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Mayor The vote was Pro-Tem Fowler, to approve the Consent Agenda items 1 through 5. unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, and Verinder voting yes and no one voting no. Motion Carried. Councilmember Antuna returned to the dais at 6:30 p.m. Councilmember Edwards arrived at 6:31 p.m. Discussion and Action Items Ordinance No. 13-D-46 6. ?Consideration and/or action approving an Ordinance amending the City Code of Ordinances revising Section 86-41, Stop Intersections ?designating a stop sign First Reading on Oak Valley at Mesa Verde. (J. Bierschwale/L. Busch) 10-22-2013 Minutes Page- 4 - The following was read into record: ORDINANCE NO. 13-D-46 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-41, STOP INTERSECTIONS- DESIGNATED; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Engineer-In-Training Larry Busch and Executive Director of Development Brian James who introduced this item stating that Public Works received a request to consider installing a stop sign on Oak Valley at Mesa Verde due to the volume and speed of traffic in the Mesa Oaks Subdivision. The Transportation Safety Advisory Commission unanimously approved the addition of this stop sign at the October 3, 2013 meeting due to the multiple complaints regarding speed in the area over the years. The recommendation that staff made to the Transportation Safety Advisory Commission was to decline the request for the mid-block stop sign due to safety concerns and a false sense of security for pedestrians. The Texas Manual on Uniform Traffic Control Devices, section 2B.05 Stop Sign Applications, indicates that the use of a stop sign should not be used for speed control. Stop signs are traffic control devices not speed control devices. Staff recommends that City Council does not approve the Ordinance adding a stop sign mid- block on Oak Valley, but instead install a speed hump. Staff also recommends holding a meeting with residents of both neighborhoods to discuss the issue of speeding. While a speed hump may help in this location, it may also lead to increased speeding in other areas of the neighborhood as drivers find alternate routes to bypass this area. Staff will work with residents to raise awareness of the issue as most drivers in this area are likely to be residents of both neighborhoods. Action requested by Council is to deny the request of installing stop signs. Staff does recommend the installation of a speed hump on Oak Valley to deter speeding in the neighborhood. Mr. Busch and Mr. James answered questions from Council. Mayor Carpenter and Council provided their comments. It was the consensus of Council to take no action on this item this evening, have staff meet with the neighbors and Home Owners Association and refer this back to the Transportation Safety Advisory Committee in 90 days. No action was taken on the Ordinance. Ordinance No. 13-S-47 - ZC2013-011 ? 7. Conduct a Public Hearing and consideration and/or action approving an ordinance on a request by Keith Sanders to rezone approximately 7.57 acres of land from General Business (GB) to General Business ? 2 (GB-2). The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City First Reading of Schertz; Guadalupe County, Texas and located at 200 FM 3009.(B. James/L. Wood) The following was read into record: 10-22-2013 Minutes Page- 5 - ORDINANCE NO. 13-S-47 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY REZONING APPROXIMATELY 7.57 +/- ACRES OF LAND FROM GENERAL BUSINESS (GB) TO GENERAL BUSINESS DISTRICT ? 2 (GB-2). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF LOT 2R, BLOCK 1 OF THE SANDERS SUBDIVISION, CITY OF SCHERTZ; GUADALUPE COUNTY, TEXAS AND LOCATED AT 200 FM 3009; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that the applicant is proposing to rezone approximately 7.5 acres of a 32.881 acre tract of land generally located at 200 FM 3009 from General Business (GB) to General Business ? 2 (GB- 2) to relocate the existing open RV Storage from the current location adjacent to FM 3009 to the rear of the existing Mini-Warehouse Facilities. The portion of the land requested for rezoning is currently undeveloped. The approximately 33 acre tract contains an existing RV Storage and Mini Storage/Public Warehouse. The Planning and Zoning Commission unanimously voted to approve the rezone. Ms. Wood stated action requested by Council is to open the public hearing, take citizen comments, close the public hearing and approve Ordinance 13-S-47 on first reading regarding the zoning request. Staff recommends approval. Mayor Carpenter opened the public hearing and recognized the following who spoke: Mr. Ed McNew, applicant?s Engineer, gave a presentation about the rezoning of the Sanders Subdivision also know as A-Ok Storage. He stated the rezoning request is to allow the current RV storage to be relocated to the rear of the property, freeing up the more valuable property on FM 3009 for a higher and better use. This will also allow a road to be built to grant access to the back of the property and for the property subdivided and sold for commercial use. A regional detention pond will be built on the rear of the property that is large enough to accommodate the runoff for the entire property. As no one else spoke, Mayor Carpenter closed the public hearing and called for Council comments. Ms. Wood and Mr. McNew answered and addressed Council questions. Mayor Carpenter recognized Councilmember Verinder who requested clarification on the Gutierrez property easement that dead ends into the back of the property. City Attorney Katherine Tapley confirmed that this was indeed a separate issue from the zoning and would be a private matter of discussion and agreement between the two property owners in terms of what the rights of each property owner would be. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by The vote was Councilmember Scagliola, to approve Ordinance No. 13-S-47 first reading. unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. 10-22-2013 Minutes Page- 6 - Ordinance No. 13-S-48 - SUP2013-002 ? 8.Conduct a Public Hearing and consideration and/or action as requested by Keith Sanders for a Specific Use Permit to allow RV Storage & Mini-Warehouse/Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of First Reading Schertz; Guadalupe County, Texas and located at 200 FM 3009. (B. James/L. Wood) The following was read into record: ORDINANCE NO. 13-S-48 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 11- S-15 BY GRANTING A SPECIFIC USE PERMIT FOR APPROXIMATELY 7.57 ACRES OF LAND. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF LOT 2R, BLOCK 1 OF THE SANDERS SUBDIVISION, CITY OF SCHERTZ; GUADALUPE COUNTY, TEXAS AND LOCATED AT 200 FM 3009; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that the applicant is requesting a Specific Use Permit to allow for RV Storage & Mini- Warehouse/Public Storage on approximately 7.57 acres of land to expand the existing A-OK storage facility and relocate the RV open parking area currently adjacent to FM 3009 to the rear of the property. The facility is located on a portion of Lot 2R, Block 1 of the Sanders Subdivision. The Planning and Zoning Commission conducted the public hearing on October 9, 2013 and offered a recommendation of approval to grant a Specific Use Permit with conditions by a 5 to 2 vote with Mr. Evans and Mr. Dahle voting nay. The conditions are as follows: 1.The Specific Use permit is approved for a period of 5 years, after which time the use will become a non-conforming use; if at that time the applicant submits for a new specific use permit the need for screening along FM 78 will be considered; no additional screening along FM 78 is required at this time. 2.Additionally as part of any future SUP, the City Council will consider the amount of the development of property within the entire subdivision. 3.Require base, chip seal, concrete or asphalt as an approved surface. Staff recommends approval. Mayor Carpenter opened the public hearing and recognized the following who spoke: Mr. Steve Layton, 12231 Lost Meadows Drive, who addressed the Council regarding the screening issues. He pointed out that right now the only screening are some trees and there is no guarantee that they will still be there 5 years from now. Mr. Ed McNew, with Don McCrary and Associates who provided comments regarding the screening issues raised by Mr. Layton.Along Hwy 78 there is the railroad bed and the trees that currently provide adequate screening. The concern is 10-22-2013 Minutes Page- 7 - that the railroad company could cut down the trees at any time. That is why there is language included that this concern be revisited in 5 years. Screening could then be required at that point in time if necessary. As no one else spoke, Mayor Carpenter closed the public hearing and called for Council comments. Ms. Wood and Mr. McNew addressed Council questions. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Councilmember Edwards, to approve Ordinance No. 13-S-48 first reading with the four conditions specified by Planning and Zoning staff. Councilmember Scagliola withdrew the motion and restated the motion to approve Ordinance No. 13-S-48 with the three approved conditions listed in the staff report, which were: The Specific Use permit is approved for a period of 5 years, after which time the use will become a non-conforming use; if at that time the applicant submits for a new specific use permit the need for screening along FM 78 will be considered; no additional screening along FM 78 is required at this time. Additionally as part of any future SUP, the City Council will consider the amount of the development of property within the entire subdivision. Require base, chip seal, concrete or asphalt as an approved surface. The vote was unanimous with Mayor Councilmember Edward seconded the restated motion. Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Ordinance No. 13-S-49ZC2013-013 9. - ? Conduct a Public Hearing and consideration and/or action as requested by Petroleum Wholesale to rezone approximately 3.99 acres of land from Predevelopment District (PRE) to General Business ? 2 (GB-2). The property is more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar County, First Reading Texas and located at 14425 IH 10 East. (B. James/L. Wood) The following was read into record: ORDINANCE NO. 13-S-49 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY REZONING APPROXIMATELY 3.99 +/- ACRES OF LAND FROM PREDEVELOPMENT (PRE) TO GENERAL BUSINESS (GB). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS LOT 11, BLOCK 200 OF THE M & W TRAVEL SUBDIVISION; BEXAR COUNTY, TEXAS AND LOCATED AT 14425 IH 10 EAST; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Senior Planner Lesa Wood who asked if there was anyone here this evening to represent the project, and as no one was present, she would present the item and have Council conduct the public hearing and would ask Council to table this item this evening so that the applicant could be present to answer any questions from Council. 10-22-2013 Minutes Page- 8 - Ms. Wood introduced this item stating that the applicant is proposing to rezone approximately 3.99 acres of land from Predevelopment District (PRE) to General Business (GB). The applicant submitted the application requesting the zoning of General Business District ? 2 (GB-2); however, based on discussions with Staff and the Planning and Zoning Commission; the applicant has changed their zoning request to request a more restrictive zoning of General Business (GB) and the Planning and Zoning Commission accepted the requested change. The property is located at 14425 IH 10 East and more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision. The site has an existing 5,600 square foot convenience store with gas pumps and a 4,700 square foot Auto Repair Facility. The subject property was annexed on July 20, 2010 by Ordinance 10-A-20 and is currently platted. The Planning and Zoning Commission unanimously approved this rezone at their meeting of October 9, 2013. Staff recommends approval of the request to rezone the property from Predevelopment (PRE) to General Business (GB) based on its compliance with the Comprehensive Land Use Plan. Mayor Carpenter opened the public hearing and, as no one spoke, closed the public hearing. Mayor Carpenter asked the City Attorney if it would be a problem approving this item this evening if Council concurred. City Attorney Katherine Tapley stated that it would not be a problem approving this item on first reading this evening, as it had been properly posted. Mayor and Council provided their comments. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by The vote was Councilmember Verinder, to approve Ordinance No. 13-S-49 first reading. unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Ordinance No. 13-S-50 - SUP2013-003 ? 10.Conduct a Public Hearing and consideration and/or action as requested by Petroleum Wholesale for a Specific Use Permit to allow a convenience store with gas pumps on approximately 3.99 acres of land from Predevelopment District (PRE) to General Business ? 2 (GB-2). The property is more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar County, Texas and located at First Reading 14425 IH 10 East. (B. James/L. Wood) The following was read into record: ORDINANCE NO. 13-S-50 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 11- S-15 BY GRANTING A SPECIFIC USE PERMIT FOR APPROXIMATELY 3.99 ACRES OF LAND. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS LOT 11, BLOCK 200 OF THE M & W TRAVEL SUBDIVISION; BEXAR COUNTY, TEXAS AND LOCATED AT 14425 IH 10 EAST; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that the applicant is requesting a Specific Use Permit to allow a Convenience Store with gas 10-22-2013 Minutes Page- 9 - pumps on approximately 3.99 acres of land located at 14425 IH 10 East and more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision. The site has an existing 5,600 square foot convenience store with gas pumps and a 4,700 Auto repair facility. This property was annexed on July 20, 2010 by Ordinance 10-A-20 and the convenience store with gas pumps was in existence at the time of annexation. The Planning and Zoning Commission unanimously approved the request at their meeting of October 9, 2013. Staff recommends approval of the Specific Use Permit requested to allow a Convenience Store with gas pumps based on its conformance with the Comprehensive Land Use Plan. She stated action requested by Council is to open the public hearing, take citizen comments, close the public hearing and approve Ordinance 13-S-50 first reading. Staff recommend approval Mayor Carpenter opened the public hearing and, as no one else spoke, Mayor Carpenter closed the public hearing and called for Council comments. Mayor and Council provided their comments. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by The vote was Councilmember Scagliola, to approve Ordinance No. 13-S-50 first reading. unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Roll Call Vote Confirmation Mayor Pro-Tem Fowler recognized City Secretary Brenda Dennis who recapped the votes for agenda items 1 through 10. Mayor Carpenter recessed the regular meeting into executive session at 7:19 p.m. Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.074 Texas Government Code ? Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. 10-22-2013 Minutes Page- 10 - Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 10:55 p.m. 15. Take any actiondeemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 11. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives No further announcements provided. 12. Requests by Mayor Pro-Tem and Councilmembers that items be placed on a future City Council agenda. No items requested. 13. Requests by Mayor Pro-Tem and Councilmembers to City Manager and Staff for information. No information requested. 14. Announcements by Mayor Pro-Tem and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated he attended the following: Monday, October 21, 2013, Schertz Housing Authority meeting Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following: Thursday, October 17, 2013, Schertz Chamber of Commerce mixer held at the Physical Therapy Center, at Curtiss and Schertz Parkway. Friday, October 18, 2013, Schertz Chamber of Commerce Golf Classic 10-22-2013 Minutes Page- 11 - Councilmember Scagliola stated that he would not be in attendance at the next week?s meeting as he will be out of town. Mayor Pro-Tem Fowler recognized Councilmember Edwards who stated he attended the following: Friday, October 18, 2013, Schertz Chamber of Commerce Golf Classic Councilmember Edwards mentioned that Ron Ruiz, owner of Harmon?s Barbecue in Cibolo had passed away suddenly and to please keep his family in your thoughts and prayers. Mayor Carpenter thanked the Council for conducting the Council meeting last week on his behalf while he was out of town. Adjournment As there was no further business, the meeting was adjourned at 11:01 p.m. __________________________________ Michael R. Carpenter, Mayor ATTEST: ____________________________________ Deputy City Secretary, Donna Schmoekel 10-22-2013 Minutes Page- 12 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: October 29, 2013 Department: Development Services Subject:Ordinance No. 13-S-47 ? Conduct a Public Hearing and consideration and/or action as requested by Keith Sanders to rezone approximately 7.57 acres of land from General Business (GB) to General Business ? 2 (GB-2). The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Final reading (B. James/L. Wood) BACKGROUND The applicant is proposing to rezone approximately 7.5 acres of an 32.881 acre tract of land generally located at 200 FM 3009 from General Business (GB) to General Business ? 2 (GB-2). The portion of the land requested for rezoning in currently undeveloped. The approximately 33 acre tract contains an existing RV Storage and Mini Storage/Public Warehouse. The public hearing notice was published in ?The Daily Commercial Recorder? and the ?Herald? and notices were 9 notices mailed to surrounding property. Staff received reviewed two responses to the request which are as follows: one (1) response neutral to the request; and one (1) response opposed to the request with the following comment from Property owner Henry Gutierrez, Jr. - ?In regards to the closed Gutierrez site ? Henry Gutierrez Estates the RV Storage & Mini Warehouse blocked and fenced deeded ingress-egress.? Goal Keith Sanders is requesting to rezone approximately 7.5 acres of an 32.881 acre tract of land from General Business (GB) to General Business ? 2 (GB-2) to relocate the existing open RV Storage from the current location adjacent to FM 3009 to the rear of the existing Mini- Warehouse facilities. City Council Memorandum Page 2 Community Benefit It is the City?s desire to promote safe, orderly, efficient development and ensure compliance with the City?s vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Map (FLUM). The plan designates the subject property a as Parks and Open Space to provide for public parks and outdoor recreation areas. However, the property is currently zoned General Business (GB). CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP) designates the subject property for Parks and Open Space which is defined in the Comprehensive Land Plan as areas of public parks, outdoor recreated areas, gold courses, undeveloped reserves/greenways, and floodways. Comprehensive Plan Goals and Objectives: The proposed rezoning request is not consistent with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change conflicts with the Future Land Use map. Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. The site is adjacent to FM 3009 which is designated as a 120? right-of-way on the master thoroughfare plan. Impact of Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped property or existing commercial businesses which are currently zoned General Business. The rezoning request is compatible with the existing land use of the existing A-OK Storage Facility. The application is proposing to rezone the property from the current GB (General Business) District to GB-2 (General Business 2 District) with a Specific Use Permit (SUP) to the expand the existing A-OK storage facility, which includes the relocation the RV open parking area currently adjacent to FM 3009 to the rear of the property. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on October 9, 2013 and offered a recommendation of approval to rezone the property from General Business (GB) to General Business ? 2 (GB-2) by a unanimous vote. City Council Memorandum Page 3 Staff recommends approval of the zoning request based on the relocation of the open parking area to from GB (General Business) to GB-2 (General Business 2). ATTACHMENT Ordinance No. 13-S-47. Planning and Zoning Staff report Transcript of the P&Z Meeting discussion ORDINANCE NO. 13-S-47 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY REZONING APPROXIMATELY 7.57± ACRES OF LAND FROM GENERAL BUSINESS (GB) TO GENERAL BUSINESS DISTRICT - 2 (GB-2). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF LOT 2R, BLOCK 1 OF THE SANDERS SUBDIVISION, CITY OF SCHERTZ; GUADALUPE COUNTY, TEXAS AND LOCATED AT 200 FM 3009; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner is requesting to rezone approximately 7.57± acres of land described in the Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the ?Property?). WHEREAS, all required notices have been provided; WHEREAS , on October 9, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a zone change to General Business District - 2 (GB-2). WHEREAS; on October 22, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS : THAT: Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby zoned General Business District - 2 (GB-2) known as the Sanders Subdivision. Section 2. The Official Zoning Map (Ordinance No. 11-S-15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Ordinance 13-S-47 Sanders Subdivision Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. nd Approved on first reading the 22 day of October, 2013. PASSED, APPROVED AND ADOPTED on final reading the ____day of ____________, 2013. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13-S-47 Sanders Subdivision ìðûîîóîõûîøâíîóîõùíïïóééóíîï÷÷èóîõíÙÈÍÚ×Ê ìÇÚÐÓÙô×ÛÊÓÎÕûÕ×ÎØÛóÈ×Ï¦û Planning and Zoning Commission èí Michelle Sanchez, Director of Development Services èôêíçõô Lesa Wood, Planner I ìê÷ìûê÷øúã ZC2013-011 Sanders Subdivision - Zoning ùûé÷ Hold a public hearing and consider and make a recommendation on a request by éçúò÷ùè Keith Sanders to rezone approximately 7.57 acres of land from General Business (GB) to General Business ? 2 (GB-2). The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. õ÷î÷êûðóîöíêïûèóíî Owner/Applicant: Keith Sanders Project Engineer: Don McCrary and Associated, Sammy Flores June 6, 2013 (Original Application) ûììðóùûèóíîéçúïóèèûðøûè÷ August 2, 2013 (Revised Submittal) September 27, 2013 (Revised Submittal) The public hearing notice was published in ? and the ìçúðóùîíèóù÷èÔ×øÛÓÐÃùÍÏÏ×ÊÙÓÛÐê×ÙÍÊØ×Ê¨ for the October 22, 2013 City Council Meeting. There were 9 notices mailed to surrounding property ©ô×ÊÛÐØ¨ owners on September 27, 2013. As of this staff report no responses were received in íììíéóèóíîèííêéçììíêèíöèô÷ê÷ëç÷éè favor or opposed to the request. The applicant is proposing to rezone approximately 7.5 acres of an 32.881 acre tract of land óè÷ïéçïïûêã generally located at 200 FM 3009 from General Business (GB) to General Business ? 2 (GB-2). The portion of the land requested for rezoning in currently undeveloped. The approximately 33 acre tract contains an existing RV Storage and Mini Storage/Public Warehouse. ðûîøçé÷éûîøâíîóîõ âÍÎÓÎÕðÛÎØçÉ× General Business District (GB) Undeveloped/Mini Warehouse/RV Storage ÷ÄÓÉÈÓÎÕ General Business District ? 2 (GB-2) RV Storage/Mini Warehouse/Public Storage ìÊÍÌÍÉ×Ø Adjacent Properties: âÍÎÓÎÕðÛÎØçÉ× General Business District (GB) Undeveloped îÍÊÈÔ General Business District (GB) Railroad/Retail éÍÇÈÔ General Business District (GB) Undeveloped ÷ÛÉÈ General Business District (GB) Retail å×ÉÈ The subject property is currently unplatted. ìðûèèóîõéèûèçé The Future Land Use Plan (FLUP) designates the ùíîöíêïûîù÷åóèôèô÷ùíïìê÷ô÷îéóæ÷ìðûî subject property for Parks and Open Space which is defined in the Comprehensive Land Plan as areas of public parks, outdoor recreated areas, gold courses, undeveloped reserves/greenways, and floodways. Comprehensive Plan Goals and Objectives: The proposed rezoning request is not consistent with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change conflicts with the Future Land Use map. Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. The site is adjacent to FM 3009 which is designated as a 120? right-of- way on the master thoroughfare plan. Impact of Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped property or existing commercial businesses which are currently zoned General Business. The rezoning request is compatible with the existing land use of the existing A-OK Storage Facility. éèûööûîûðãéóéûîøê÷ùíïï÷îøûèóíî The Comprehensive Land Use Plan identified this area as Parks and Open Space to provide for public parks and outdoor recreation areas. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services. The application is proposing to rezone the property from the current GB (General Business) District to GB-2 (General Business 2 District) with a Specific Use Permit (SUP) to the expand the existing A-OK storage facility, which includes the relocation the RV open parking area currently adjacent to FM 3009 to the rear of the property. The new open parking area proposed at the rear of the property will be required to be meet city standards. The existing open parking area on FM 3009, once relocated to the rear of the property, will require establishment of grass. Staff recommends approval of the zoning request based on moving the open parking area to from GB (General Business) to GB-2 (General Business 2) with the condition that a Specific Use Permit for RV Storage & Mini Warehouse/Public Storage be approved for a period of 5 years, after which time the RV Storage & Mini Warehouse/Public Storage use will become a non-conforming use. The General Business District ? 2 (GB-2) is 2 intended to provide suitable areas for non-residential and light industrial development that offer a wide variety of retail and service establishments. ìÐÛÎÎÓÎÕø×ÌÛÊÈÏ×ÎÈê×ÙÍÏÏ×ÎØÛÈÓÍÎ Approve as submitted XApprovewithconditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. The Planning and Zoning Commission is making a ùíïïóééóíî÷êéùêóè÷êóûöíêùíîéóø÷êûèóíî recommendation to City Council on the propose zoning application. In considering action on a zoning application, the Commission should consider the criteria within UDC, Section 21.5.4 D. ûÈÈÛÙÔÏ×ÎÈÉ Aerial (Maps) Property owner responses Exhibit 3 PLANNING AND ZONING MINUTES October 9, 2013 DRAFT The Schertz Planning and Zoning Commission convened on October 9, 2013 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSIONCITY STAFF David Richmond, Chairman Brian James, Executive Director Development Michelle Sanchez, Director Development Services Ernie Evans, Vice-Chairman Ken Greenwald Lesa Wood, Senior Planner Bert Crawford, Jr. Bryce Cox, Planner I Richard Braud Larry Busch, Jr., Engineer in Training Michael Dahle Patti White, Executive Asst. Development Christian Glombik William Rumfelt, Alternate Yolanda Suarez, Alternate ZC2013-011 Hold a public hearing and consider and act upon a request by Keith Sanders to rezone approximately 7.57 acres of land from General Business (GB) to General Business ? 2 (GB-2). The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Ms. Wood presented the item by stating that Public Hearing notices were mailed out to 9 th property owners on September 27 and as of the report the City received 1 notice neutral and 1 notice in opposition. The notice in opposition has to do with a ingress egress easement that he, Mr. Gutierrez, feels has been blocked. The public hearing notice was published in ?The Daily nd Commercial Recorder? and the ?Herald? for the City Council Meeting on October 22. The Applicant is purposing to rezone a portion of a 33 acre property to General Business ? 2 to move the current RV parking to the rear of the property. The property is currently zoned General Business which does not allow for RV storage. The comprehensive land plan identifies this area as parks and open space; however this property is already zoned General Business and has an existing use as commercial. Staff Recommends Approval of ZC2013-011 Mr. Mcnew, Applicant?s Engineer, gave a presentation about the rezoning of the sanders subdivision also known as A-Ok Storage. The rezoning request is to allow the current RV storage to be relocated to the rear of the property, freeing up the more valuable property on FM 3009 for a higher and better use. This will also allow a road to be built to grant access to the back of the property and for the property subdivided and sold for commercial use. A regional detention pond will be built on the rear of the property that is large enough to accommodate the runoff for the entire property. Mr. Richmond opened the public hearing at 6:10pm Draft Minutes Planning and Zoning Commission October 9, 2013 Page 1 of 6 Mr. Layton expressed a concern with the proposed detention pond and the impact that it would have on the drainage way. He expressed a preference to maintain the current zoning or to time the drainage with the storm surges. Mr. Richmond closed the public hearing at 6:13pm Mr. Rumfelt asked if the purposed 7.5 acre rezoning area was the same size as the current area being used for RV storage. Mr. McNew answered that 7.5 acres was larger to include the detention pond but the storage area would be the same size. Mr. Rumfelt asked if the City or applicant had requested the rezoning. Ms. Wood replied that the applicant had requested the zoning. Mr. Rumfelt asked what the benefits to the City were for rezoning this property. Ms. Wood answered that the City would benefit from the aesthetics of moving the RV storage to the rear and that the current RV storage area would be grassed in, and that there would be potential for creating a commercial subdivision. Mr. Rumfelt asked what makes the proposal consistent with the comprehensive plan. Ms. Wood answered that the comprehensive plan identifies this area as parks and open space and that even the current zoning is not consistent with the comprehensive plan. Mr. Dahle asked why the City is requiring asphalt to be put down in the proposed parking area when the current area is caliche. Ms. Wood answered that the UDC requires concrete or asphalt. Mr. Braud asked what requires concrete or asphalt. Ms Wood answered parking areas for new development. Mr. Crawford asked if concrete or asphalt would be required taking in consideration drainage concerns. Ms. Wood replied that the whole area is currently zoned for commercial and any development would have to be correctly drained. Ms. Wood reminded the Commission that the request being considered was for the rezoning and that site could be discussed with the specific use permit. Mr. Richmond asked the reason for rezoning from GB to GB-2. Ms. Wood answered that mini- warehouse, public storage and RV storage was not allowed in GB zoning district. Mr. Dahle asked about the proposed future expansion of FM 3009 through the property. Ms. Wood answered that the proposed expansion would be addressed when the remainder of the property was platted. Mr. Evans asked if only the RV?s were going to be moved to the proposed GB-2 area. Ms. Wood answered that the RV parking would be moved and explained that the current construction on site was the approved future expansion from the 2006 site plan. Ms. Suarez asked what would happen if the RV?s are visible from Hwy 78. Ms. Wood answered that screening along the public ROW would be required with new development depending on the elevations of the railroad tracks. Mr. Rumsfelt asked who would decide what need to be screened and when that decision would be made. Ms. Wood answered that the City would make that determination with the site plan before building permits. Mr. Dahle asked if the detention pond would be built outside of the existing floodplain lines. Mr. McNew answered that there may be some overlap with the floodplain but the majority of the pond would be outside the floodplain. Mr. Dahle asked if the proposed area would increase the RV parking capacity. Mr. McNew answered that it was of similar size and he was unsure if it Draft Minutes Planning and Zoning Commission October 9, 2013 Page 2 of 6 would increase the capacity. Mr. Crawford asked if the tree line along Hwy 78 could be removed by the railroad. Mr. McNew replied that the railroad could remove the trees if they decided to. Discussions between Commission and Staff as to what comments could be considered for the rezoning case and what needed to be held for the specific use permit consideration. Mr. Dahle moved to recommend to City Council approval of ZC2013-011 with the conditions as submitted. Mr. Crawford seconded the motion. Vote was 7-0. Motion carried. SUP2013-002 Hold a public hearing and consider and act upon a request by Keith Sanders for a Specific Use Permit to allow RV Storage & Mini-Warehouse/Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Ms. Wood presented the item by stating that the property owner is requesting a specific use permit to allow RV storage in GB-2 zoning district. The property is currently being used for mini-warehouse/public storage/ RV parking which requires a specific use permit in GB-2 zoning districts. Staff does recommend approval of the specific use permit with the following conditions 1.The permit be approved for a period of 5 years at which time the use will become a nonconforming use; and 2.The new RV parking area will be constructed out of chip-seal, concrete or asphalt; and 3.Omit the requirement for screening of the open parking area if it can be shown that the area will be screened by the railroad and not visible from FM 78; and 4. Additionally the area currently being used for RV parking will be reestablished with grass. Mr. McNew commented on the drainage and parking surface explaining that detention and asphalt may not be in the best interest for this site, but the code requires it and that the applicant is open to listening to any suggestions from the Commission. The screening along Hwy 78 needs to be discussed and the applicant would prefer to not put up additional screening along Hwy 78. Mr. Richmond opened the public hearing at 6:32 pm. Mr. Gutierrez, 2221 FM 3009, is the owner of the old Gutierrez land fill site and the only ingress/egress shown on the deed is off of FM 78 and goes through the middle of the RV park and we are landlocked. He has talked to Mr. Bierschwale about 5 years ago when the fence went up and thinks that this needs to be addressed. He also stated that he has sent the information to Ms. Woods. Mr. Richmond closed the public hearing at 6:35 pm. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 3 of 6 Ms. Wood stated that the responses to the public hearing notice include one (1) neutral to the request and one (1) opposed to the request with comments from Mr. Gutierrez about the ingress and egress to his site. Mr. Rumfelt asked for an explanation on the Staff recommendation regarding the approval period and non-conforming use. Ms. Woods explained based on the zoning, this type of use is not a permitted use and the City feels that with the SUP expiring in 5 years, this would limit his expansion of a use that is non-conforming already and the 5 year period would allow him to expand with an approved site plan. Mr. Rumfelt asked what happens after 5 years. Ms. Wood stated that in 5 years the SUP would expire and he could have the business, run his business as a mini RV storage, but could not expand it further. Mr. Rumfelt asked without coming back for another? Ms. Wood answered yes, he would need another SUP. Mr. Dahle asked if this is a non-conforming use and he decides to retire in 20 years and sells the business could the new owner continue the business. Ms. Wood answered that if the use has not been abandoned for more than 180 days he could continue the use, but if it?s over 180 days then the use would cease to exist and the new owner would need to conform to the conformance. Mr. Evans stated that he the wording enclose storage and covered parking, what is that area. Ms. Wood stated that they have an approved site plan from 2006 that has future expansion with enclosed storage. Mr. Evans asked what is the covered parking. Mr. Braud stated that it?s under construction at this moment which is seen from the street and is for large size RV?s. Mr. McNew stated that is correct and is on the already in use property and is under construction for RV property. Mr. Evans asked why are we constructing if it?s moving. Mr. McNew stated that the top area is moving and the mini-storage is not moving but adding covered parking. Mr. Crawford stated if they are building high covered parking today and already on the approved existing plat. Ms. Wood stated yes. Mr. Braud asked Staff to find the portion in the UDC that requires the parking area to be asphalt. Also Mr. Braud asked if there is a difference between asphalt and what they are parking on now ? permeable vs. non-permeable. Ms. Wood stated that what they are parking on now is permeable and in the 10 months of working with Mr. Sanders, Staff has held firm on this portion of the UDC to put in asphalt or concrete parking. Ms. Wood stated that if someone else came in to develop that entire area, they could do up to 80% of impervious coverage and also would have to comply with our drainage requirements. Mr. Crawford asked if this is business friendly. Ms. Woods stated that it is a code requirement. Ms. Sanchez read the Section 21.10 in the UDC under Parking, Subsection E. Mr. Braud stated that he doesn?t see this as required off street parking and he is allowing people to park on his property. Ms. Sanchez stated that he is a creating parking area for boats, RVs and campers and any parking surface has to be paved. Mr. Braud said that this isn?t what our UDC says. Ms. Sanchez stated that Staff has had lengthy discussions with the applicant and also Staff and the Planning and Zoning Commission approved a driving area for the existing site for the area within the storage facility in 2006, and the driving surface and parking areas must be asphalt. Mr. Crawford stated in spite of the fact it might cause drainage concerns. Ms. Sanchez stated that drainage concerns will be taken into consideration during the platting process with the drainage study. Mr. Crawford stated that people are not walking on the surface like Target or Walmart as off street parking. Ms. Sanchez stated that it?s Draft Minutes Planning and Zoning Commission October 9, 2013 Page 4 of 6 nd sentence in the UDC drive still a parking area. Mr. Richmond stated that if you read the 2 approach is pretty broad and indicates anything coming off the thoroughfare as a drive approach. Mr. Crawford stated that we are not talking about a drive approach. Ms. Sanchez stated that in order to get to the back at the facility, you have to drive. Mr. Braud stated that the UDC is poorly written and we should consider other options because of drainage issues. Mr. Crawford asked if Board of Adjustment could make any exemptions. Ms. Sanchez stated that they could ask for a waiver. Mr. Crawford stated that it?s an issue of impervious coverage. Ms. Wood stated that they are looking at developing other properties around it and the potential of other retail. Mr. Crawford stated then could we look at what he is going to do and how much that will change the drainage and how things play out. Mr. James stated that because it is a SUP, you have the ability to modify requirements of the UDC, but you cannot on a zoning case. There may be circumstances where there are certain items a different condition or provision is appropriate. Mr. James stated that there are a lot of areas of UDC that do not have clarity and with regard to interpretations if someone takes issues with it, they can take it to the Board of Adjustment. Mr. James stated that if there are areas don?t make sense in the UDC, the solution is to come back and work through the standard so that everyone knows what to expect. Mr. James stated that you can specify in a SUP on what surface materials should be and be business friendly when it makes sense for the business owner and the community. Mr. James stated that we allow for detention and the City Engineer or the City Manager has the ability to approve and with regard to gravel, it depends on how you compact the surface and how it affects the surface if it is impervious or pervious. Mr. Dahle stated that he is guessing that the existing surface was allowed because it was not required when the original facility was set up. Ms. Sanchez stated that on the approved site plan it is supposed to be a concrete surface. Mr. James stated that it didn?t get done but has been this way for years. Mr. Evans asked if the City is in the position to ask for permeable asphalt. Mr. James stated yes, however, this requires certain maintenance and can?t say it should be imposed on a property owner who hasn?t studied it. Ms. Sanchez wanted to clarify that the approved site plan for the storage area showed the concrete, but Staff cannot find the site plan for the RV done separately. Mr. Rumfelt are we asking for concrete. Mr. James stated yes, we are asking for concrete, asphalt or chip seal. Mr. Dahle asked as we went through the discussion if Staff discussed a PDD. Mr. James stated that a PDD is intended to be unique and creative and for mixed use to tweak our standards. Mr. Dahle asked if other options accomplishing the same thing, such as crushed granite could be a consideration. Mr. James stated that we are open to discussing. Mr. Crawford stated that the Commission could approve or disapprove and look at other alternatives and look at developing the back part of the property and look at Mr. Gutierrez position, plus the railroad land, so how can we keep moving. Mr. Evans stated that chip seal is sprayed on and you pack it in. Mr. James stated that we don?t normally allow chip seal, but that it was a good compromise. Mr. Richmond stated that this is only one area for discussion and we need to be aware of the challenge that Mr. Gutierrez discussed, plus the proposed barrier along FM 78. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 5 of 6 Mr. McNew stated that Staff has required a 25 foot access easement along the entire parameter adjacent to Dietz Creek which provide access to Mr. Gutierrez from 3009. Ms. Wood stated that the plat that is recorded today already shows an ingress/egress easement from 3009 which is 24 feet. Mr. Evans stated that the City needs to ensure that it is outside the fence. Mr. McNew explained that railroad track and ballast and the trees behind it could be seen over a fence if the trees were not there. Mr. Sanders stated that the business has been there for 17 years and would not make sense for the railroad to take out the trees and the railroad track is higher than the roadway. Mr. Evans asked if the wording could be postponed on the screening and call for action at a later date. Mr. James stated that it would problematic to do that and enforce it. Mr. Braud asked if the screening omit the requirement who depends if. Mr. James stated that it would be a site visibility study and as part of the SUP you could state that the site plan must come to the Commission for approval would include a site visibility study. Mr. Dahle asked about the height of the screening. Ms. Wood stated that it could go up to 20 feet high. Mr. Sanders stated that they don?t want to do the chip seal, but they have a commitment for funds if the City tells them that they have to do it. Mr. Richmond stated that there are several issues, if forwarding as a recommendation to City Council, such as drainage, the barrier along 78, access easement on 3009 and 78 if it exists and if on which property and attach those conditions to move forward. Mr. Braud suggested that we would have to craft some wording for the conditions. Mr. James stated that the Commission could table the item and move on to the next item while Staff works with the applicant to write down language or wording for the conditions. Mr. Greenwald motioned to table SUP2013-002 until the end of the meeting. Mr. Crawford seconded the motion. Vote was 7-0. Motion carried. At 8:26PM Mr. Greenwald motioned to take SUP2013-002 off the table. Mr. Crawford seconded the motion. Vote was 7-0. Motion carried. Mr. James stated that the word/language for the conditions could be: 1.The Specific Use Permit is approved for a period of 5 years after which time the use will become a non-conforming use; if at that time the applicant submits for a new specific use permit the need for screening along FM 78 will be considered. No additional screening along FM 78 is required at this time. 2.Additionally as part of any future Specific Use Permit, City Council will consider the amount of development that occurred on the property within the entire subdivision plat. 3.Require base, chip seal, concrete or asphalt as an approved surface. And the Commission could tack on a statement that additionally Staff will work with the Applicant and Mr. Gutierrez prior to City Council consideration to resolve any access issues. Mr. Crawford motioned to approve SUP2013-002 with the conditions noted above by Mr. James and that Staff will review Mr. Gutierrez?s issues on his property prior to going to City Council. Mr. Greenwald seconded the motion. Vote was 5-2 with Mr. Evans and Mr. Dahle voting nay. Motion carried. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 6 of 6 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: October 29, 2013 Department: Development Services Subject:Ordinance No. 13-S-48 ? Conduct a Public Hearing and consideration and/or action as requested by Keith Sanders to allow a Specific Use Permit to allow RV Storage & Mini-Warehouse/Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Final reading (B. James/L. Wood) BACKGROUND The applicant is requesting a Specific Use Permit to allow for RV Storage & Mini- Warehouse/Public Storage on approximately 7.57 acres of land to expand the existing A-OK storage facility and relocate the RV open parking area currently adjacent to FM 3009 to the rear of the property. The facility is located on a portion of Lot 2R, Block 1 of the Sanders Subdivision. The public hearing notice was published in ?The Daily Commercial Recorder? and the ?Herald? and notices were 9 notices mailed to surrounding property. Staff received two responses to the request which are as follows: one (1) response neutral to the request; and one (1) response opposed to the request with the following comment from Property owner Henry Gutierrez, Jr. - ?In regards to the closed Gutierrez site ? Henry Gutierrez Estates the RV Storage & Mini Warehouse blocked and fenced deeded ingress-egress.? Goal Keith Sanders is requesting a Specific Use Permit to relocate the existing open RV Storage from the current location adjacent to FM 3009 to the rear of existing Mini-Warehouse facilities. City Council Memorandum Page 2 Community Benefit It is the City?s desire to promote safe, orderly, efficient development and ensure compliance with the City?s vision of future growth. Summary of Recommended Action CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed RV storage and Mini-Warehouse/Public Storage will be subject to provisions of the Unified Development Code. The project involves expansion of the existing A-OK storage facility to include the relocation of the RV open parking area currently adjacent to FM 3009 to the rear of the property. Staff recommends that the Specific Use permit to expand the RV Storage be approved for a period of 5 years, after which time the use will become a non-conforming use. This will restrict any future expansion of the use, but business will be allowed to remain in operation unless the use ceases for a period beyond 6 months. Screening of the site for the new parking area will be installed in accordance with the UDC. IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is directly adjacent to a Mini-Warehouse/Public Storage (A-OK Storage), an abandon Landfill, and the Union Pacific Railroad. This property and the adjacent properties are zoned General Business for non-residential development that offer a wide variety of retail and service establishments and the expansion of the facility will not have a negative impact on the adjacent properties. The relocation of the RV Storage to the rear of the site will provide for potential development along FM 3009 and locating the RV Storage to the rear of the site will make the RV storage less visible from FM 3009. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on October 9, 2013 and offered a recommendation of approval to grant a Specific Use Permit with conditions by a 5/2 vote with Mr. Evans and Mr. Dahle voting nay. The conditions are as follows: 1.The Specific Use permit is approved for a period of 5 years, after which time the use will become a non-conforming use; if at that time the applicant submits for a new specific use permit the need for screening along FM 78 will be considered; no additional screening along FM 78 is required at this time. 2.Additionally as part of any future SUP, the City Council will consider the amount of the development of property within the entire subdivision. 3.Require base, chip seal, concrete or asphalt as an approved surface. Staff recommendation is provided in the attached Planning and Zoning staff report. City Council Memorandum Page 3 ATTACHMENT Ordinance No. 13-S-48. Planning and Zoning Staff report Transcript of the P&Z Meeting discussion ORDINANCE NO. 13-S-48 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 11-S-15 BY GRANTING A SPECIFIC USE PERMIT FOR APPROXIMATELY 7.57 ACRES OF LAND. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF LOT 2R, BLOCK 1 OF THE SANDERS SUBDIVISION, CITY OF SCHERTZ; GUADALUPE COUNTY, TEXAS AND LOCATED AT 200 FM 3009; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner has applied for a Specific Use Permit to allow a RV Storage & Mini-Warehouse/Public Storage on approximately 7.57 acres of land described in Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the ?Property?). WHEREAS, all required notices have been provided; WHEREAS , on October 9, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the Specific Use Permit to allow a RV Storage & Mini-Warehouse/Public Storage with conditions. WHEREAS; on October 22, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS : THAT: Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby granted a Specific Use Permit to allow a RV Storage & Mini-Warehouse/Public Storage on the approximately 7.57 acre tract of land known as the Sanders Subdivision with the following conditions: a.The Specific Use Permit is approved for a period of 5 years, after which time the use will become a non-conforming use; if at that time the applicant submits for a new Specific Use Permit the need for screening along FM 78 will be considered; no additional screening along FM 78 is required at this time. b.Additionally as part of any future SUP, the City Council will consider the amount of the development that?s occurred on the property within the entire subdivision. c.Require base, chip seal, concrete or asphalt as an approved surface. Section 2. The Official Zoning Map (Ordinance No. 11-S-15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above amendment. Ordinance 13-S-48 Sanders Subdivision Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. nd Approved on first reading the 22 day of October, 2013. PASSED, APPROVED AND ADOPTED on final reading the ____day of ____________, 2013. ____________________________________ Michael R. Carpenter, Mayor Ordinance 13-S-48 Sanders Subdivision ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13-S-48 Sanders Subdivision PLANNING AND ZONING MINUTES October 9, 2013 DRAFT The Schertz Planning and Zoning Commission convened on October 9, 2013 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSIONCITY STAFF David Richmond, Chairman Brian James, Executive Director Development Michelle Sanchez, Director Development Services Ernie Evans, Vice-Chairman Ken Greenwald Lesa Wood, Senior Planner Bert Crawford, Jr. Bryce Cox, Planner I Richard Braud Larry Busch, Jr., Engineer in Training Michael Dahle Patti White, Executive Asst. Development Christian Glombik William Rumfelt, Alternate Yolanda Suarez, Alternate ZC2013-011 Hold a public hearing and consider and act upon a request by Keith Sanders to rezone approximately 7.57 acres of land from General Business (GB) to General Business ? 2 (GB-2). The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Ms. Wood presented the item by stating that Public Hearing notices were mailed out to 9 th property owners on September 27 and as of the report the City received 1 notice neutral and 1 notice in opposition. The notice in opposition has to do with a ingress egress easement that he, Mr. Gutierrez, feels has been blocked. The public hearing notice was published in ?The Daily nd Commercial Recorder? and the ?Herald? for the City Council Meeting on October 22. The Applicant is purposing to rezone a portion of a 33 acre property to General Business ? 2 to move the current RV parking to the rear of the property. The property is currently zoned General Business which does not allow for RV storage. The comprehensive land plan identifies this area as parks and open space; however this property is already zoned General Business and has an existing use as commercial. Staff Recommends Approval of ZC2013-011. Mr. McNew, Applicant?s Engineer, gave a presentation about the rezoning of the sanders subdivision also known as A-Ok Storage. The rezoning request is to allow the current RV storage to be relocated to the rear of the property, freeing up the more valuable property on FM 3009 for a higher and better use. This will also allow a road to be built to grant access to the back of the property and for the property subdivided and sold for commercial use. A regional detention pond will be built on the rear of the property that is large enough to accommodate the runoff for the entire property. Mr. Richmond opened the public hearing at 6:10pm. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 1 of 6 Mr. Layton expressed a concern with the proposed detention pond and the impact that it would have on the drainage way. He expressed a preference to maintain the current zoning or to time the drainage with the storm surges. Mr. Richmond closed the public hearing at 6:13pm Mr. Rumfelt asked if the purposed 7.5 acre rezoning area was the same size as the current area being used for RV storage. Mr. McNew answered that 7.5 acres was larger to include the detention pond but the storage area would be the same size. Mr. Rumfelt asked if the City or applicant had requested the rezoning. Ms. Wood replied that the applicant had requested the zoning. Mr. Rumfelt asked what the benefits to the City were for rezoning this property. Ms. Wood answered that the City would benefit from the aesthetics of moving the RV storage to the rear and that the current RV storage area would be grassed in, and that there would be potential for creating a commercial subdivision. Mr. Rumfelt asked what makes the proposal consistent with the comprehensive plan. Ms. Wood answered that the comprehensive plan identifies this area as parks and open space and that even the current zoning is not consistent with the comprehensive plan. Mr. Dahle asked why the City is requiring asphalt to be put down in the proposed parking area when the current area is caliche. Ms. Wood answered that the UDC requires concrete or asphalt. Mr. Braud asked what requires concrete or asphalt. Ms Wood answered parking areas for new development. Mr. Crawford asked if concrete or asphalt would be required taking in consideration drainage concerns. Ms. Wood replied that the whole area is currently zoned for commercial and any development would have to be correctly drained. Ms. Wood reminded the Commission that the request being considered was for the rezoning and that site could be discussed with the specific use permit. Mr. Richmond asked the reason for rezoning from GB to GB-2. Ms. Wood answered that mini- warehouse, public storage and RV storage was not allowed in GB zoning district. Mr. Dahle asked about the proposed future expansion of FM 3009 through the property. Ms. Wood answered that the proposed expansion would be addressed when the remainder of the property was platted. Mr. Evans asked if only the RV?s were going to be moved to the proposed GB-2 area. Ms. Wood answered that the RV parking would be moved and explained that the current construction on site was the approved future expansion from the 2006 site plan. Ms. Suarez asked what would happen if the RV?s are visible from Hwy 78. Ms. Wood answered that screening along the public ROW would be required with new development depending on the elevations of the railroad tracks. Mr. Rumsfelt asked who would decide what need to be screened and when that decision would be made. Ms. Wood answered that the City would make that determination with the site plan before building permits. Mr. Dahle asked if the detention pond would be built outside of the existing floodplain lines. Mr. McNew answered that there may be some overlap with the floodplain but the majority of the pond would be outside the floodplain. Mr. Dahle asked if the proposed area would increase the RV parking capacity. Mr. McNew answered that it was of similar size and he was unsure if it Draft Minutes Planning and Zoning Commission October 9, 2013 Page 2 of 6 would increase the capacity. Mr. Crawford asked if the tree line along Hwy 78 could be removed by the railroad. Mr. McNew replied that the railroad could remove the trees if they decided to. Discussions between Commission and Staff as to what comments could be considered for the rezoning case and what needed to be held for the specific use permit consideration. Mr. Dahle moved to recommend to City Council approval of ZC2013-011 with the conditions as submitted. Mr. Crawford seconded the motion. Vote was 7-0. Motion carried. SUP2013-002 Hold a public hearing and consider and act upon a request by Keith Sanders for a Specific Use Permit to allow RV Storage & Mini-Warehouse/Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. Ms. Wood presented the item by stating that the property owner is requesting a specific use permit to allow RV storage in GB-2 zoning district. The property is currently being used for mini-warehouse/public storage/ RV parking which requires a specific use permit in GB-2 zoning districts. Staff does recommend approval of the specific use permit with the following conditions 1.The permit be approved for a period of 5 years at which time the use will become a nonconforming use; and 2.The new RV parking area will be constructed out of chip-seal, concrete or asphalt; and 3.Omit the requirement for screening of the open parking area if it can be shown that the area will be screened by the railroad and not visible from FM 78; and 4. Additionally the area currently being used for RV parking will be reestablished with grass. Mr. McNew commented on the drainage and parking surface explaining that detention and asphalt may not be in the best interest for this site, but the code requires it and that the applicant is open to listening to any suggestions from the Commission. The screening along Hwy 78 needs to be discussed and the applicant would prefer to not put up additional screening along Hwy 78. Mr. Richmond opened the public hearing at 6:32 pm. Mr. Gutierrez, 2221 FM 3009, is the owner of the old Gutierrez land fill site and the only ingress/egress shown on the deed is off of FM 78 and goes through the middle of the RV park and we are landlocked. He has talked to Mr. Bierschwale about 5 years ago when the fence went up and thinks that this needs to be addressed. He also stated that he has sent the information to Ms. Woods. Mr. Richmond closed the public hearing at 6:35 pm. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 3 of 6 Ms. Wood stated that the responses to the public hearing notice include one (1) neutral to the request and one (1) opposed to the request with comments from Mr. Gutierrez about the ingress and egress to his site. Mr. Rumfelt asked for an explanation on the Staff recommendation regarding the approval period and non-conforming use. Ms. Woods explained based on the zoning, this type of use is not a permitted use and the City feels that with the SUP expiring in 5 years, this would limit his expansion of a use that is non-conforming already and the 5 year period would allow him to expand with an approved site plan. Mr. Rumfelt asked what happens after 5 years. Ms. Wood stated that in 5 years the SUP would expire and he could have the business, run his business as a mini RV storage, but could not expand it further. Mr. Rumfelt asked without coming back for another? Ms. Wood answered yes, he would need another SUP. Mr. Dahle asked if this is a non-conforming use and he decides to retire in 20 years and sells the business could the new owner continue the business. Ms. Wood answered that if the use has not been abandoned for more than 180 days he could continue the use, but if it?s over 180 days then the use would cease to exist and the new owner would need to conform to the conformance. Mr. Evans stated that he the wording enclose storage and covered parking, what is that area. Ms. Wood stated that they have an approved site plan from 2006 that has future expansion with enclosed storage. Mr. Evans asked what is the covered parking. Mr. Braud stated that it?s under construction at this moment which is seen from the street and is for large size RV?s. Mr. McNew stated that is correct and is on the already in use property and is under construction for RV property. Mr. Evans asked why are we constructing if it?s moving. Mr. McNew stated that the top area is moving and the mini-storage is not moving but adding covered parking. Mr. Crawford stated if they are building high covered parking today and already on the approved existing plat. Ms. Wood stated yes. Mr. Braud asked Staff to find the portion in the UDC that requires the parking area to be asphalt. Also Mr. Braud asked if there is a difference between asphalt and what they are parking on now ? permeable vs. non-permeable. Ms. Wood stated that what they are parking on now is permeable and in the 10 months of working with Mr. Sanders, Staff has held firm on this portion of the UDC to put in asphalt or concrete parking. Ms. Wood stated that if someone else came in to develop that entire area, they could do up to 80% of impervious coverage and also would have to comply with our drainage requirements. Mr. Crawford asked if this is business friendly. Ms. Woods stated that it is a code requirement. Ms. Sanchez read the Section 21.10 in the UDC under Parking, Subsection E. Mr. Braud stated that he doesn?t see this as required off street parking and he is allowing people to park on his property. Ms. Sanchez stated that he is a creating parking area for boats, RVs and campers and any parking surface has to be paved. Mr. Braud said that this isn?t what our UDC says. Ms. Sanchez stated that Staff has had lengthy discussions with the applicant and also Staff and the Planning and Zoning Commission approved a driving area for the existing site for the area within the storage facility in 2006, and the driving surface and parking areas must be asphalt. Mr. Crawford stated in spite of the fact it might cause drainage concerns. Ms. Sanchez stated that drainage concerns will be taken into consideration during the platting process with the drainage study. Mr. Crawford stated that people are not walking on the surface like Target or Walmart as off street parking. Ms. Sanchez stated that it?s Draft Minutes Planning and Zoning Commission October 9, 2013 Page 4 of 6 nd sentence in the UDC drive still a parking area. Mr. Richmond stated that if you read the 2 approach is pretty broad and indicates anything coming off the thoroughfare as a drive approach. Mr. Crawford stated that we are not talking about a drive approach. Ms. Sanchez stated that in order to get to the back at the facility, you have to drive. Mr. Braud stated that the UDC is poorly written and we should consider other options because of drainage issues. Mr. Crawford asked if Board of Adjustment could make any exemptions. Ms. Sanchez stated that they could ask for a waiver. Mr. Crawford stated that it?s an issue of impervious coverage. Ms. Wood stated that they are looking at developing other properties around it and the potential of other retail. Mr. Crawford stated then could we look at what he is going to do and how much that will change the drainage and how things play out. Mr. James stated that because it is a SUP, you have the ability to modify requirements of the UDC, but you cannot on a zoning case. There may be circumstances where there are certain items a different condition or provision is appropriate. Mr. James stated that there are a lot of areas of UDC that do not have clarity and with regard to interpretations if someone takes issues with it, they can take it to the Board of Adjustment. Mr. James stated that if there are areas don?t make sense in the UDC, the solution is to come back and work through the standard so that everyone knows what to expect. Mr. James stated that you can specify in a SUP on what surface materials should be and be business friendly when it makes sense for the business owner and the community. Mr. James stated that we allow for detention and the City Engineer or the City Manager has the ability to approve and with regard to gravel, it depends on how you compact the surface and how it affects the surface if it is impervious or pervious. Mr. Dahle stated that he is guessing that the existing surface was allowed because it was not required when the original facility was set up. Ms. Sanchez stated that on the approved site plan it is supposed to be a concrete surface. Mr. James stated that it didn?t get done but has been this way for years. Mr. Evans asked if the City is in the position to ask for permeable asphalt. Mr. James stated yes, however, this requires certain maintenance and can?t say it should be imposed on a property owner who hasn?t studied it. Ms. Sanchez wanted to clarify that the approved site plan for the storage area showed the concrete, but Staff cannot find the site plan for the RV done separately. Mr. Rumfelt are we asking for concrete. Mr. James stated yes, we are asking for concrete, asphalt or chip seal. Mr. Dahle asked as we went through the discussion if Staff discussed a PDD. Mr. James stated that a PDD is intended to be unique and creative and for mixed use to tweak our standards. Mr. Dahle asked if other options accomplishing the same thing, such as crushed granite could be a consideration. Mr. James stated that we are open to discussing. Mr. Crawford stated that the Commission could approve or disapprove and look at other alternatives and look at developing the back part of the property and look at Mr. Gutierrez position, plus the railroad land, so how can we keep moving. Mr. Evans stated that chip seal is sprayed on and you pack it in. Mr. James stated that we don?t normally allow chip seal, but that it was a good compromise. Mr. Richmond stated that this is only one area for discussion and we need to be aware of the challenge that Mr. Gutierrez discussed, plus the proposed barrier along FM 78. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 5 of 6 Mr. McNew stated that Staff has required a 25 foot access easement along the entire parameter adjacent to Dietz Creek which provide access to Mr. Gutierrez from 3009. Ms. Wood stated that the plat that is recorded today already shows an ingress/egress easement from 3009 which is 24 feet. Mr. Evans stated that the City needs to ensure that it is outside the fence. Mr. McNew explained that railroad track and ballast and the trees behind it could be seen over a fence if the trees were not there. Mr. Sanders stated that the business has been there for 17 years and would not make sense for the railroad to take out the trees and the railroad track is higher than the roadway. Mr. Evans asked if the wording could be postponed on the screening and call for action at a later date. Mr. James stated that it would problematic to do that and enforce it. Mr. Braud asked if the screening omit the requirement who depends if. Mr. James stated that it would be a site visibility study and as part of the SUP you could state that the site plan must come to the Commission for approval would include a site visibility study. Mr. Dahle asked about the height of the screening. Ms. Wood stated that it could go up to 20 feet high. Mr. Sanders stated that they don?t want to do the chip seal, but they have a commitment for funds if the City tells them that they have to do it. Mr. Richmond stated that there are several issues, if forwarding as a recommendation to City Council, such as drainage, the barrier along 78, access easement on 3009 and 78 if it exists and if on which property and attach those conditions to move forward. Mr. Braud suggested that we would have to craft some wording for the conditions. Mr. James stated that the Commission could table the item and move on to the next item while Staff works with the applicant to write down language or wording for the conditions. Mr. Greenwald motioned to table SUP2013-002 until the end of the meeting. Mr. Crawford seconded the motion. Vote was 7-0. Motion carried. At 8:26PM Mr. Greenwald motioned to take SUP2013-002 off the table. Mr. Crawford seconded the motion. Vote was 7-0. Motion carried. Mr. James stated that the word/language for the conditions could be: 1.The Specific Use Permit is approved for a period of 5 years after which time the use will become a non-conforming use; if at that time the applicant submits for a new specific use permit the need for screening along FM 78 will be considered. No additional screening along FM 78 is required at this time. 2.Additionally as part of any future Specific Use Permit, City Council will consider the amount of development that occurred on the property within the entire subdivision plat. 3.Require base, chip seal, concrete or asphalt as an approved surface. And the Commission could tack on a statement that additionally Staff will work with the Applicant and Mr. Gutierrez prior to City Council consideration to resolve any access issues. Mr. Crawford motioned to approve SUP2013-002 with the conditions noted above by Mr. James and that Staff will review Mr. Gutierrez?s issues on his property prior to going to City Council. Mr. Greenwald seconded the motion. Vote was 5-2 with Mr. Evans and Mr. Dahle voting nay. Motion carried. Draft Minutes Planning and Zoning Commission October 9, 2013 Page 6 of 6 ìðûîîóîõûîøâíîóîõùíïïóééóíîï÷÷èóîõíÙÈÍÚ×Ê ìÇÚÐÓÙô×ÛÊÓÎÕûÕ×ÎØÛóÈ×Ï¦ú Planning and Zoning Commission èí Michelle Sanchez, Director of Development Services èôêíçõô Lesa Wood, Planner I ìê÷ìûê÷øúã SUP2013-002 Sanders Subdivision ? Specific Use Permit ùûé÷ Hold a public hearing and consider and make a recommendation on a request by éçúò÷ùè Keith Sanders for a Specific Use Permit to allow RV Storage & Mini-Warehouse/Public Storage on approximately 7.57 acres of land. The property is more specifically described as a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and located at 200 FM 3009. õ÷î÷êûðóîöíêïûèóíî Owner/Applicant: Keith Sanders Project Engineer: Don McCrary and Associated, Sammy Flores June 6, 2013 (Original Application) ûììðóùûèóíîéçúïóèèûðøûè÷ August 2, 2013 (Revised Submittal) September 27, 2013 (Revised Submittal) The public hearing notice was published in ? and the ìçúðóùîíèóù÷èÔ×øÛÓÐÃùÍÏÏ×ÊÙÓÛÐê×ÙÍÊØ×Ê¨ for the October 22, 2013 City Council Meeting. There were 9 notices mailed to surrounding property ©ô×ÊÛÐØ¨ owners on September 27, 2013. As of this staff report no responses were received in íììíéóèóíîèííêéçììíêèíöèô÷ê÷ëç÷éè favor or opposed to the request. The applicant is requesting a Specific Use Permit to allow for RV Storage & Mini- óè÷ïéçïïûêã Warehouse/Public Storage on approximately 7.57 acres of land to expand the existing A-OK storage facility and relocate the RV open parking area currently adjacent to FM 3009 to the rear of the property. The facility is located on a portion of Lot 2R, Block 1 of the Sanders Subdivision. ðûîøçé÷éûîøâíîóîõ âÍÎÓÎÕðÛÎØçÉ× General Business District (GB) Undeveloped/Mini Warehouse/RV Storage ÷ÄÓÉÈÓÎÕ General Business District ? 2 (GB-2) RV Storage/Mini Warehouse/Public Storage ìÊÍÌÍÉ×Ø Adjacent Properties: âÍÎÓÎÕðÛÎØçÉ× General Business District (GB) Undeveloped îÍÊÈÔ General Business District (GB) Railroad/Retail éÍÇÈÔ General Business District (GB) Undeveloped ÷ÛÉÈ General Business District (GB) Retail å×ÉÈ The proposed RV storage and Mini- ùíîøóèóíîéíöèô÷ê÷ëç÷éè÷øéì÷ùóöóùçé÷ì÷êïóè Warehouse/Public Storage will be subject to provisions of the Unified Development Code. The project involves expansion of the existing A-OK storage facility to include the relocation of the RV open parking area currently adjacent to FM 3009 to the rear of the property; and to construct additional enclosed storage buildings and covered parking structures approved by a site plan dated May 2006. The approved site plan requires that the driving surface be constructed of concrete or asphalt, which staff reiterated is the minimum requirement. The new open parking area proposed at the rear of the property will be required to be chip seal, concrete or asphalt. Using only base or gravel material as the final parking surface will not be authorized. The existing open parking area, once relocated to the rear of the property, will have to be planted with grass to better the appearance of the property along FM 3009. Staff recommends that the Specific Use permit be approved for a period of 5 years, after which time the use will become a non-conforming use. This will restrict any future expansion of the use, but business will be allowed to remain in operation unless the use ceases for a period beyond 6 months. Screening of the site for the new parking area will be installed in accordance with the UDC. óïìûùèíî÷äóéèóîõûøòûù÷îèø÷æ÷ðíìï÷îè The subject property is directly adjacent to a Mini-Warehouse/Public Storage (A-OK Storage), Landfill, and the Union Pacific Railroad. This property and the adjacent properties are zoned General Business for non- residential development that offer a wide variety of retail and service establishments and the expansion of the facility will not have a negative impact on the adjacent properties. The relocation of the RV Storage to the rear of the site will provide for potential development along FM 3009 and locating the RV Storage to the rear of the site will make the RV storage less visible from FM 3009. éèûööûîûðãéóéûîøê÷ùíïï÷îøûèóíî Staff recommends approval of the Specific Use Permit with condition that a Specific Use Permit for RV Storage & Mini Warehouse/Public Storage be approved for a period of 5 years, after which time the use will become a non-conforming use. The Specific Use Permit is approved for a period of 5 years, after which time the use will become a non-conforming use. Require a chip seal, concrete or asphalt as the final parking surface at the new open parking area. Omit the requirement for screening of the open parking area if it can be shown that the area will be screened by the railroad and not visible from FM 78. 2 Remove the gravel from the existing open parking area and plant the area with grass to better the appearance of the property. ìÐÛÎÎÓÎÕø×ÌÛÊÈÏ×ÎÈê×ÙÍÏÏ×ÎØÛÈÓÍÎ Approve as submitted XApprovewithconditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. The Planning and Zoning Commission is making a ùíïïóééóíî÷êéùêóè÷êóûöíêùíîéóø÷êûèóíî recommendation to City Council on the propose zoning application. In considering action on a Specific Use Permit application, the Commission should consider the criteria within UDC, Section 21.5.11 D. ûÈÈÛÙÔÏ×ÎÈÉ Aerial (Maps) Exhibit 3 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: October 29, 2013 Department: Development Services Subject:Ordinance No. 13-S-49 ? Conduct a Public Hearing and consideration and/or action as requested by Petroleum Wholesale to rezone approximately 3.99 acres of land from Predevelopment District (PRE) to General Business ? 2 (GB-2). The property is more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar County, Texas and located at 14425 IH 10 East. Final reading (B. James/L. Wood) BACKGROUND The applicant is proposing to rezone approximately 3.99 acres of land from Predevelopment District (PRE) to General Business (GB). The applicant submitted the application requesting the zoning of General Business District ? 2 (GB-2); however, based on discussions with Staff and the Planning and Zoning Commission; the applicant has changed their zoning request to request a more restrictive zoning of General Business (GB) and the Planning and Zoning Commission accepted the requested change. The property is located at 14425 IH 10 East and more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision. The site has an existing 5,600 square foot convenience store with gas pumps and a 4,700 Auto Repair Facility. The subject property was annexed on July 20, 2010 by Ordinance 10-A-20 and is currently platted. The public hearing notice was published in ?The Daily Commercial Recorder? and the ?Herald? and 6 notices were mailed to surrounding property owners. Staff received one (1) response in favor of the request. Goal Petroleum Wholesale is requesting to rezone approximately 3.99 acres of land located at 14425 IH 10 East from Predevelopment District (PRE) to General Business (GB) to allow the existing use of Convenience Store with gas pumps. City Council Memorandum Page 2 Community Benefit It is the City?s desire to promote safe, orderly, efficient development and ensure compliance with the City?s vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Map (FLUM). The plan designates the subject property for Agricultural Residential which is defined in the Comprehensive Land Plan as intended to preserve the rural/agriculture state to include large lot residential and some related commercial uses such as: landscaping business, metal workshop, farmers market, convenience store, etc. Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change provides a neighborhood service for surrounding residential. Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. Impact of Public Facilities/Services: The proposed rezoning request will have a no impact on public services, such as schools, fire, police, parks and sanitation services. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped, residential or existing commercial businesses. The Convenience Store with gas pumps is an existing use on the site. The applicant is proposing to rezone the property from the current PRE zoning, which is intended as a temporary designation for newly annexed property, to General Business (GB) to allow for an expansion of their existing 5,600 square foot building. The existing use of Convenience Store with gas pumps at this location appears to be an appropriate use for this tract of land due to its location on IH 10 and will have a minimal impact on the public infrastructure, facilities or services. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on October 9, 2013 and offered a recommendation of approval to rezone the property from Predevelopment (PRE) to General Business (GB) by a unanimous vote. Staff recommends approval of the request to rezone the property from Predevelopment (PRE) to General Business (GB) based on its compliance with the Comprehensive Land Use Plan. City Council Memorandum Page 3 ATTACHMENT Ordinance No. 13-S-49. ORDINANCE NO. 13-S-49 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY REZONING APPROXIMATELY 3.99± ACRES OF LAND FROM PREDEVELOPMENT (PRE) TO GENERAL BUSINESS (GB). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS LOT 11, BLOCK 200 OF THE M & W TRAVEL SUBDIVISION; BEXAR COUNTY, TEXAS AND LOCATED AT 14425 IH 10 EAST; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner is requesting to rezone approximately 3.99± acres of land described in the Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the ?Property?). WHEREAS, all required notices have been provided; WHEREAS , on October 9, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a zone change to General Business (GB). WHEREAS; on October 22, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS : THAT: Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby zoned General Business (GB) known as the M & W Travel Center Subdivision. Section 2. The Official Zoning Map (Ordinance No. 11-S-15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Ordinance 13-S-49 M & W Travel Center Subdivision Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. rd Approved on first reading the 22 day of October, 2013. PASSED, APPROVED AND ADOPTED on final reading the ____day of ____________, 2013. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13-S-49 M & W Travel Center Subdivision Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: October 29, 2013 Department: Development Services Subject:Ordinance No. 13-S-50 ? Conduct a Public Hearing and consideration and/or action as requested by Petroleum Wholesale for a Specific Use Permit to allow a convenience store with gas pumps on approximately 3.99 acres of land from Predevelopment District (PRE) to General Business ? 2 (GB-2). The property is more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar County, Texas and located at 14425 IH 10 East. Final reading (B. James/L. Wood) BACKGROUND The applicant is requesting a Specific Use Permit to allow a Convenience Store with gas pumps on approximately 3.99 acres land located at 14425 IH 10 East and more specifically described as Lot 11, Block 200 of the M & W Travel Subdivision. The site has an existing 5,600 square foot convenience store with gas pumps and a 4,700 Auto repair facility. This property was annexed on July 20, 2010 by Ordinance 10-A-20 and the convenience store with gas pumps was in existence at the time of annexation. The public hearing notice was published in ?The Daily Commercial Recorder? and the ?Herald? and 6 notices were mailed to surrounding property owners. Staff received one (1) response in favor of the request. Goal Petroleum Wholesale is requesting Specific Use permit to allow the existing use of Convenience Store with gas pumps. Community Benefit It is the City?s desire to promote safe, orderly, efficient development and ensure compliance with the City?s vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed convenience store with gas pumps will be subject to the provisions of the Unified Development Code (Ordinance 11-S-15, as amended). The applicant is proposing to expand their existing building by approximately 3,000 square feet. IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is adjacent to residential and rehabilitation facility (H.O.W Foundation) to the North; residential and Commercial to the west; Interstate 10 to the South; and an undeveloped tract to the east. This property and the adjacent properties are zoned PRE since being annexed in 2010. Additionally, the comprehensive land plan identifies this site as agricultural residential which allows for ancillary uses to residential which includes a convenience store. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of the Specific Use Permit to allow a Convenience Store with gas pumps based on its conformance with the comprehensive land plan. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on October 9, 2013 and offered a recommendation of approval to grant a Specific Use Permit to allow a Convenience Store with gas pumps by a unanimous vote. Staff recommends approval of the Specific Use Permit requested based on the compliance with the Comprehensive Land Use Plan. ATTACHMENT Ordinance No. 13-S-50. ORDINANCE NO. 13-S-50 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 11-S-15 BY GRANTING A SPECIFIC USE PERMIT FOR APPROXIMATELY 3.99 ACRES OF LAND. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS LOT 11, BLOCK 200 OF THE M & W TRAVEL SUBDIVISION; BEXAR COUNTY, TEXAS AND LOCATED AT 14425 IH 10 EAST; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner has applied for a Specific Use Permit to allow a Convenience Store with gas pumps for approximately 3.99 acres of land described in Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the ?Property?). WHEREAS, all required notices have been provided; WHEREAS , on October 9, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the Specific Use Permit to allow a Convenience Store with gas pumps. WHEREAS; on October 22, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS : THAT: Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby granted a Specific Use Permit to allow a Convenience Store with gas pumps on the approximately 3.99 acre tract of land known as the M & W Travel Center Subdivision. Section 2. The Official Zoning Map (Ordinance No. 11-S-15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Ordinance 13-S-50 M & W Travel Center Subdivision Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. nd Approved on first reading the 22 day of October, 2013. PASSED, APPROVED AND ADOPTED on final reading the ____day of ____________, 2013. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13-S-50 M & W Travel Center Subdivision Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: October 29, 2013 Department: Police Department Subject:Resolution No. 13-R-92 Software Interoperability Grant BACKGROUND Goal The goal of the City of Schertz is to improve the technology surrounding our Computer Aided Dispatch (CAD) system, including the mobile component connected to the units in the field and a Report Management System (RMS) for the police department. The continued goal is to develop long term data sharing opportunities with area communities and public safety agencies in the region. This will allow the tracking of criminal incidents and those involved the ability to monitor criminal trends, with the intention of preventing any potential Human-Caused hazards, which could lead to large scale incidents. Stated goals: Empower emergency services personnel with greater access to information Maximize system functionality and interoperability between local and regional fire, EMS and law enforcement agencies Improve response times Defend the public interest Improve operational efficiencies between local and regional fire, EMS and law enforcement agencies Community Benefit One aspect of this project is dedicated to improving the current law enforcement records management system infrastructure that will improve efficiency, effectiveness and to be multi- dimensional. This RMS should work collectively with CAD to provide information and researchable data within a single program. The entire system will include a continual information system with specific technical training, maintenance and the resulting retention and creation of CAD capabilities, mobile developments and the enhancements of real-time information sharing amongst law enforcement entities and even with the public. The local region will come together to combat crime related instances, give first responders access to quick and efficient information, and aid emergency services agencies' communications during disasters. The data sharing within this system will help fight regional crime and assist those involved in the response to disasters by connecting records through the entire intelligence system. Records management systems are vital to communications. Without correct information populated on forms, it is difficult to know the characteristics of a suspect. In addition to record population, imaging is a vital tool in the fight against crime. Summary of Recommended Action The City of Schertz has been awarded $75,000 from the FY13 State Homeland Security Grant Program to subsidize the improvements and interoperability of Computer Aided Dispatch (CAD) and Records Management System (RMS). To accept this grant, the Mayor must sign the Sub- Recipient Award document. FISCAL IMPACT This award will offset the total cost of the project by $75,000. RECOMMENDATION Approve Resolution No. 13-R-92 regarding the Acceptance of the FY13 State Homeland Security Grant Program Award. ATTACHMENT(S) Resolution No. 13-R-92 2013 FY Homeland Security Grant 2013 Homeland Security Award Letter 2013 Sub-Recipient Award Document RESOLUTION NO. 13-R-92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING GRANT ACCEPTANCE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the City accept FY 2013 Homeland Security Grant Program funds totaling $75,000.00; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the $75,000.00 from the FY 2013 Homeland Security Grant Program. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the acceptance of $75,000.00 from the FY 2013 Homeland Security Grant Program, which is to be utilized for technological improvements of the Computer Aided Dispatch and Report Management Systems. 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. th day of October, 2013. PASSED AND ADOPTED, this 29 CITY OF SCHERTZ, TEXAS Mayor, Michael R. 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???????????????????????????%?????????????????????????????????? ????$1 Estimated Price Software:$730,819 Software Discount:(59,617) Software After658,703 Discount: Professional Services:142,150 3rd Party/Hardware:61,841 Prepaid Services:0 Taxes:0 Total:$862,694 Integrated HubHostSoftware Only Integrated Hub - Names, Vehicles, Property, Wanted 58,529 Persons Sentryx GIS (Geobase)0 Records ManagementHostSoftware Only Equipment Maintenance 8,928 Evidence Bar Code & Audit Interface 5,355 Evidence Management 10,710 Fleet 5,355 Inventory Management 5,355 Law Records 35,684 Licenses and Permits 8,928 Personnel Management 10,710 Pin Mapping - 2 Seat License(s)11,770 Premise Information 10,710 Traffic10,710 Sex Offender Tracking 10,710 Records Total:$134,925 Computer-Aided DispatchHostSoftware Only Alarm Tracking & Billing 10,710 CAD35,684 CAD Mapping - 4 Seat License(s)19,967 E-911 Interface - 4 Seat License(s)5,355 HipLink Paging Interface 19,369 ProQA Medical Interface 13,305 Response Plans 17,847 CAD Total:$122,237 MobileHostSoftware Only 5,995 Drivers License Scanning Interface - 50 Seat License(s)2,543 Mobile AVL Mapping - 50 Seat License(s)13,613 Mobile Citation Forms - State Specific - 50 Seat 60,434 License(s) Mobile Incident Offense National Form - 50 Seat 27,207 License(s) Mobile Quickest Route - 50 Seat License(s)6,820 Mobile Records - 50 Seat License(s)27,207 Mobile State & National Queries - 50 Seat License(s)27,207 Mobile Voiceless Dispatch - 50 Seat License(s)27,207 Spillman Touch 8,042 Mobile Total:$206,275 Fire/EMSHostSoftware Only Fire Mobile21,412 Firehouse Interface Services Pack3,328 Fire Total:$24,740 ImagingHostSoftware Only Imaging17,847 Imaging Total:$17,847 InSightHostSoftware Only InSight10,710 InSight Total:$10,710 State Specific ProductsHostSoftware Only UCR - State Specific21,420 StateLink21,420 State Specific Total:$42,840 Hardware/3rd Party ProductsHostPrice Only HipLink Paging Interface 15,564 911 Etherlite - Quantity 1420 Cisco 1811 - Quantity 1950 Geobase Server - Quantity 18,750 InSight Server - Quantity 110 Hardware/3rd Party Total:$25,694 Custom/3rd Party ProductsHostPrice Only XML Citation Interface12,500 Custom 3rd Party Total:$12,500 Command Solutions SoftwareHostSoftware Only CompStat Dashboard40,600 Command Solutions Total:$40,600 Professional ServicesPrice Spillman anticipates your Project Manager will provide up to 428 hours and be on- site approximately 3 time(s). Spillman anticipates your Installation Technician will provide up to 476 hours and be on-site approximately 2 time(s). Spillman anticipates your Trainer(s) will provide up to 483 hours and be on-site approximately 21 time(s). Professional Services Total:$142,150 Prepaid ServicesQuantityPrice Users Conference Attendees00 Prepaid Training Weeks00 Years of Prepaid Maintenance00 Prepaid Services Total:$0 ??????????????????????????????1 ???????????????? $18,000 ???????~?????1 ??????????????????????~??????????????????????????????????????? ???????1 2nd-year Maintenance (estimated)Price 2nd-year Maintenance Total:$89,769 Ý·¬§±ºÍ½¸»®¬¦³¿¬½¸·²¹ñ½±²¬®·¾«¬·²¹º«²¼æÌ¸»½·¬§±ºÍ½¸»®¬¦©·´´°®±ª·¼»üïéîôðð·² ½±²¬®·¾«¬·²¹º«²¼¬±©¿®¼¬¸»·²·¬·¿´°«®½¸¿»±º¬¸·°®±¶»½¬¿´±²¹©·¬¸¬¸» ¿½µ²±©´»¼¹»³»²¬¬¸¿¬¬¸»®»±½½«®®·²¹§»¿®´§³¿·²¬»²¿²½»º»»ø¿º¬»®¬¸»»½±²¼§»¿®÷±º üèçôéêç©±«´¼¾»¿½·¬§¾«¼¹»¬¿´´±½¿¬·±²ò Ü±»¬¸·×²ª»¬³»²¬®»¯«·®»²»©½±²¬®«½¬·±²±®®»²±ª¿¬·±²ô®»¬®±º·¬¬·²¹ô±®³±¼·º·½¿¬·±²±º»¨·¬·²¹ ¬®«½¬«®»á ÅÜ®±°¼±©²´·¬ÃÇ»ô Ò± Ì·³»°»®·±¼º±®½±³°´»¬·±²±º°®±¶»½¬ Ý¸±±»¿¬·³»°»®·±¼º®±³¬¸»¼®±°¼±©²³»²«æ ïìÓ±²¬¸ ëèÓ±²¬¸ çïîÓ±²¬¸ ïíïêÓ±²¬¸ ïéîðÓ±²¬¸ Ð®±¶»½¬Ó¿²¿¹»³»²¬Í¬»°·²ª±´ª»¼æ Ý¸±±»±²´§±²»ò ÅÜ®±°¼±©²´·¬Ã×²·¬·¿¬»ôÐ´¿²ôÛ¨»½«¬»ôÝ±²¬®±´ôÝ´±»Ñ«¬ Ô·¬íë³·´»¬±²»±º¬¸·°®±¶»½¬ô¿²¼¬¸»²´·¬¬¸»·²¬»²¼»¼½±³°´»¬·±²¼¿¬»º±®»¿½¸³·´»¬±²»ò Ó·´»¬±²»¸±«´¼±½½«®¬¸®±«¹¸±«¬¬¸»°®±¶»½¬ò Í»»¿¬¬¿½¸»¼Ó·´»¬±²»Í¸»»¬ Ü·½´¿·³»®æ×½»®¬·º§ô¾§½¸»½µ·²¹¬¸·¾±¨ô¬¸¿¬¬¸»·²º±®³¿¬·±²°®±ª·¼»¼·²¬¸·«¾³··±²· ¿½½«®¿¬»òÞ§½¸»½µ·²¹¬¸·¾±¨ô×¿³·²¼·½¿¬·²¹¬¸¿¬×¿³¿«¬¸±®·¦»¼¬±«¾³·¬¬¸·°®±¶»½¬¾§³§ ¹±ª»®²·²¹¾±¼§ò×«²¼»®¬¿²¼¿²§¶«®·¼·½¬·±²³«¬³»»¬»´·¹·¾·´·¬§®»¯«·®»³»²¬¬±®»½»·ª»º«²¼·²¹ò× ¿´±«²¼»®¬¿²¼¬¸·°®±¶»½¬°®±°±¿´»®ª»¿¿®»¯«»¬º±®½±²·¼»®¿¬·±²º±®¹®¿²¬º«²¼·²¹òÌ¸»®»·²± ¹«¿®¿²¬»»±º¿©¿®¼¾§«¾³·¬¬·²¹¬¸·®»¯«»¬ò×«²¼»®¬¿²¼¬¸¿¬·º¬¸·°®±¶»½¬·º«²¼»¼×©·´´½±³°´»¬» ¿´´²»½»¿®§¿½¬·±²´·¬»¼·²¬¸»¹®¿²¬«¾®»½·°·»²¬¿¹®»»³»²¬¿²¼°»½·¿´¬»®³¿²¼½±²¼·¬·±²ò×¿´± «²¼»®¬¿²¼¬¸¿¬¿²§ª¿®·¿¬·±²¬±¿²¿°°®±ª»¼°®±¶»½¬³«¬¾»«¾³·¬¬»¼¬¸®±«¹¸¬¸»º±®³¿´½¸¿²¹» ®»¯«»¬°®±½»òß¼¼·¬·±²¿´´§ô¬¸»½¸¿²¹»³«¬¾»¿«¬¸±®·¦»¼¾§¬¸»®»¹·±²¿´½±«²½·´¿²¼¸±«´¼¿ ½¸¿²¹»®»¯«»¬¾»¼»²·»¼ôº«²¼½¿²¾»®»¿´´±½¿¬»¼¬±¿²±¬¸»®°®±¶»½¬±®¶«®·¼·½¬·±²ò Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: October 29, 2013 Department: City Council Subject:Boards, Committees, and Commission appointments/reappointments and Resignations BACKGROUND The Transportation Safety Advisory Board currently has a vacancy as a result of the August 2013 resignation of Mr. Steven Crawford.Staff recommends moving Mr. John Cook from Alternate No. 1 to the Regular position, and staff also recommends the appointment of Mr. Terry Welch to Alternate No.1. The City Secretary?s office has received the following applications: Terry Welch, Transportation Safety Advisory Commission FISCAL IMPACT None RECOMMENDATION Staff recommends Council ratify the appointments of the following: Move and appoint John Cook from Alternate No. 1 to the Regular member vacancy, and appoint Terry Welch as Alternate No. 1. Attachments Applications: Terry Welch Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: October 29, 2013 Department: Public Works Subject: Ordinance 13-T-55- An Ordinance by the City Council of the City of Schertz, Texas Authorizing a Budget Adjustment to fund additional lighting for the Maske Road Soccer Complex; Repealing all ordinance or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading BACKGROUND The Maske Road Soccer Complex renovations were approved in a bond proposition package put before voters in November 2010. The Bond requirements are to renovate the existing fields and add hard surfaced parking, toilet facilities, and a concession area. There is not currently any field lighting included in the Contract because of available funds. Public Works is going to construct the waterline along Maske Road which allowed for a modification of the scope of the contractors work. This has resulted in the contractor issuing a credit of approximately $100,000 which City Staff intends to use to light Field #10, the field closest to a new parking lot and concession building. It is the recommendation of City staff to also provide lighting for field #9 funded by $115,000 of restricted Hotel Tax reserves. Hotel Tax revenues must be used to promote travel to Schertz and can be used to make improvements to sport facilities. The lighting cost for field #9 is somewhat more expensive due to the distance the infrastructure has to be extended. Goal To provide additional funding for new lighting at the Maske Road Soccer Complex through the use of the restricted Hotel Tax reserves. Community Benefit Provide for the health and safety of the soccer players and their families during evening play and provide longer operating hours for the fields. Summary of Recommended Action Staff recommends Council approve the Budget Adjustment of $115,000 authorizing the use of Hotel Tax reserves for additional lighting in the Maske Road Soccer Complex renovation bond project. FISCAL IMPACT Funds would be allocated from the Hotel Tax Fund reserves which are estimated to be at $532,000 at the end of September 30, 2013. After the transfer of funds to the project the balance is estimated to be $417,000. RECOMMENDATION Staff recommends Council approve Ordinance 13-T-55 ATTACHMENT Ordinance 13-T-55 Dwg E1 Soccer Electrical Site Plan Exhibit ORDINANCE NO. 13-T-55 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND ADDITIONAL LIGHTING FOR THE MASKE ROAD SOCCER COMPLEX; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE City WHEREAS, pursuant to Ordinance 13-T-34, the City of Schertz (the ??) adopted the Budget budget for the City for the fiscal year 2013-2014 (the ?), which provides funding for the City?s operations throughout the 2013-2014 fiscal year; and WHEREAS, the City needs to increase the Budget to authorize expenditures of $115,000 for additional lighting at the Maske Road Soccer Complex to be funded from the Hotel Tax Fund reserves; and WHEREAS, the City needs to increase the Hotel Tax Fund Budget to transfer $115,000 from reserves to fund the project; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the transfer of funds from the Hotel Tax Fund 314 to the Bond Project Fund 401; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the transfer of funds from the Hotel Tax Fund 314 to the Bond Project Fund for the additional lighting at the Maske Road Soccer Complex and approve the Budget amount for the additional lighting in the Bond Project Fund, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Maske Road Soccer Complex Budget by $115,000 for the construction additional lighting. Section 2. The City shall adjust the Budget and shall transfer $115,000 from the Hotel Tax Fund 314 reserves to the Bond Project Fund 401 to fund the construction of the additional lighting at the Maske Road Soccer Complex. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. th PASSED ON FIRST READING, the 29 day of OCTOBER, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the 5th day of NOVEMBER, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) - 2 - 50558021.1 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: October 29, 2013 Department: Human Resources Subject:Resolution No. 13-R-93 - Amendment to City of Schertz employee policies BACKGROUND The employee policy handbook was last updated in May, 2008. Many of the policies contained within the policy handbook are now antiquated and/or out of compliance. Staff has performed their due diligence in ensuring the proposed changes to personnel policy are appropriate through the following process: 1.Benchmark best practices of other municipalities in the South-Central Texas Region. 2.Solicit input from key stakeholders and Subject Matter Experts (SME?s) 3.The development of an ad-hoc review committee consisting of individuals from various departments to ensure the policies fit the unique needs, culture, and values of the City of Schertz. 4.Vet policies through other review committees consisting of: a.Administrative Assistants (Gatekeepers) b.Department Heads c.City Management d.City Employment Attorney e.City Council Goal To amend various policies contained within the employee policy handbook to provide clarity of direction to city staff. Community Benefit These policy amendments provide greater clarity to supervisors and employees in their capacity as public servants. Summary of Recommended Action Classification of Employment Policy Provides definitions for various types of employment in order to provide uniformity and equity in applying policies and benefits. Outlines terms of employment and benefits eligibility Bereavement Policy Outlines procedures in regard to the use of bereavement leave Clarifies which employees are eligible for bereavement and under what conditions Provides appropriate uses for bereavement leave Discusses appropriate payment, notification, and documentation for bereavement leave FISCAL IMPACT None RECOMMENDATION Approve Resolution No. 13-R-93 regarding the recommendations from staff to implement proposed policy changes. ATTACHMENT(S) Resolution No. 13-R-93 Current Policies to be replaced Proposed policy changes RESOLUTION NO. 13-R-93 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CHANGES TO THE CITY?S BEREAVMENT POLICY AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK AND THE CREATION OF THE EMPLOYEE CLASSIFICATION POLICY TO BE ADDED TO THE EMPLOYEE POLICY HANDBOOK. WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the City review and approve the amendments to the proposed policies presented by city staff in accordance with the City of Schertz Charter ; and WHEREAS, the City Staff has identified areas of improvement within the current city policies for the purpose of correction, compliance, and communication. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the approval of staff recommendations to amend the current Bereavement Policy and create a Classification of Employment Policy within the City of Schertz Employee Policy Handbook. 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 29th day of October, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary, Brenda Dennis (CITY SEAL) - 2 - 50506221.1 CS ITY OF CHERTZ EH MPLOYEEANDBOOK Classifications of Employment PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: TBD EFFECTIVE DATE: TBD REPLACES VERSION: 2.7 Purpose This policy provides working definitions of terms that are used throughout the City?s policies to provide uniformity and equity in applying policies and benefits. These definitions will, in some instances, outline benefits, terms of employment, and other related issues. Policy The City maintains standard definitions of employment status and classifies employees for purposes of benefits, salary administration, and related payroll transactions. All employees in this policy are subject to all work rules within the employee handbook. This policy does not, in any way, establish a contractual agreement for employment between the City and the employee. Definitions At-Will ? Employment may be terminated with or without cause and with or without notice at any time by the employee or the City except as otherwise provided by law, the City Charter, or the Employee Handbook. All categories and classifications of employees at the City are ?At-Will?. Exempt ? Any position that is classified as exempt by Fair Labor Standards Act (FLSA). This classification is paid on a salary basis. This classification is not eligible for overtime pay and/or compensatory time off. Non-Exempt ? Any position that is generally eligible for overtime pay and/or compensatory time off under the specific provisions of Federal and State wage and hour laws. This does not include positions classified as recreational exempt under the FLSA. Regular Full-Time ? Positions that are ordinarily of indefinite duration. These positions, whether exempt or non-exempt, are typically scheduled for forty (40) hours per workweek. Regular full-time positions assigned to fire suppression, by FLSA rule, typically work an average of fifty-three (53) hours per workweek. Regular full-time employees are eligible for all city benefits. Regular Part-Time ? Positions that are ordinarily of indefinite duration. These positions, whether exempt or non-exempt, are regularly scheduled for at least ten (10) hours per workweek but fewer than thirty (30) hours per workweek. Non-exempt positions within this classification are eligible for overtime pay for hours worked in excess of forty (40) in a workweek. Regular part-time employees are eligible for some benefits but not all benefits. Irregular Part-Time ? Positions that are ordinarily of indefinite duration. These positions, whether exempt or non-exempt, are scheduled only when work is available, and shall work fewer than thirty (30) hours per workweek (130 hours per month) on average within any given calendar year. There are no regularly scheduled hours for these positions. Irregular part-time employees are not eligible for city benefits except possibly retirement, depending on how many hours an employee works within any given calendar year. Temporary ? Assignments that are of a limited duration, ordinarily specified in advance. A temporary employee may be full-time or part-time. Temporary positions are paid on an hourly basis and may be scheduled to work up to forty (40) hours per workweek. Positions within this classification are eligible for overtime pay for hours worked in excess of forty (40) in a workweek. Temporary positions have no guarantee of continuous employment from one year to another. Employees occupying recurring temporary positions are required to re-apply for such positions every year. Temporary employees are not eligible for city benefits except possibly retirement, depending on how many hours an employee works within any given calendar year. Intern ? An internship is a temporary part-time or full- time position. Interns shall work less than 1,000 hours per calendar year. An internship may be paid or unpaid (volunteer). An internship should be presented during the budget process; however, the City Manager may approve an internship during the fiscal year depending on available funds in the respective department. To be eligible, an intern shall be enrolled in an accredited college or work program and must meet the qualifications set forth in the job posting. Internships will be reviewed each semester and may be extended or terminated. Internships should generally end after one year but may be extended beyond one year at the City Manager?s discretion. Emergency Temporary ? Whenever an emergency exists that requires the service of personnel who are not otherwise available for budgeted vacant positions, the City Manager may immediately appoint such personnel for a period not to exceed 90 working days without regard to normal recruitment and selection requirements. An emergency temporary appointment shall not be used to circumvent normal employment procedures. The employee involved shall not acquire any status or rights in the position to which temporarily appointed. Assigned Staff ? Staff assigned to the City through an inter-local agreement or other type of agreement but is paid directly by another government or private organization. Assigned staff members are not employees of the City. Assigned staff benefits are specified in the contract for services. As a condition of their assignment, such staff is governed by all terms of these policies not in conflict with their contract for services. Related Policies FLSA Work Hours & Scheduling S C ITY OF CHERTZ EH MPLOYEEANDBOOK Bereavement Leave PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: TBD EFFECTIVE DATE: TBD REPLACES VERSION: July 9, 2009 Bereavement Policy Purpose The purpose of this policy is to identify the rules and procedures in regard to the use of bereavement leave. Applicability All regular full-time and regular part-time employees are eligible for paid bereavement leave from the first day of employment. Definitions Immediate Family Member - For the purposes of this policy, an immediate family member is defined as an employee?s spouse (including common-law), child (including foster and step), parents (including current stepparents and current in-laws), siblings (including half, current step, and current in-laws), grandparents, grandchildren, or any other person living in the employee?s household. Policy Employees will receive bereavement leave in accordance with the time they would have normally worked per their individual schedules. For example, if a City employee requests bereavement leave on a day where he/she is scheduled to work ten (10) hours, the employee would receive ten (10) hours of bereavement leave. Bereavement leave is stand-alone paid leave and shall not be charged to any other forms of leave. It shall be the policy of the City that, in the event of the death of an employee?s immediate family member, the employee shall be entitled to bereavement leave in accordance with the following schedule: Employees on 4-hour, 8-hour or 10-hour work days/shifts = 3 work days/shifts of bereavement leave Employees on 12-hour work days/shifts = 2 work days/shifts of bereavement leave Employees on 24-hour work days/shifts = 1 work day/shift of bereavement leave The schedule below lists a maximum number of days/shifts that may be approved by the City S C ITY OF CHERTZ EH MPLOYEEANDBOOK Manager in the event the funeral of the immediate family member is out of state: Employees on 4-hour, 8-hour or 10-hour work days/shifts = 5 work days/shifts of bereavement leave Employees on 12-hour work days/shifts = 4 work days/shifts of bereavement leave Employees on 24-hour work days/shifts = 2 work day/shifts of bereavement leave If an employee has two (2) or more immediate family members who pass away due to a single event, the employee may be granted additional bereavement leave on a case-by-case basis upon review and approval by the City Manager. Memorial Trees The City will honor deceased active duty and retired employees who have served the City for ten (10) or more years and their deceased spouses by planting a tree in the City. These trees will be placed in areas of the City in need of trees and will honor those deceased individuals. Appropriate Use of Bereavement Leave Bereavement leave may be used by an employee in the case of the death of an immediate family member. Bereavement leave should be used within four (4) weeks of an immediate family member?s death but may be extended by the employee?s Executive Director in unique circumstances. Bereavement leave must be used in full work day/shift increments but does not have to be used on consecutive work days/shifts. Bereavement leave shall not be accrued or saved like other types of employee leave. Payment of Bereavement Leave Payment for bereavement leave is at the employee?s regular rate of pay. Paid time off for bereavement leave is not considered time worked within any given workweek or work cycle. Time off may also be granted to attend the funerals of friends or other close relatives who are not immediate family members upon the approval of the employee?s supervisor, but the employee shall utilize his/her available sick leave, comp time, or vacation leave in these instances. Procedures for Notification Although providing advanced notice for taking bereavement leave is often not possible, the City requests that employees provide as much notice as possible to their supervisors when requesting bereavement leave. Documentation The City reserves the right to request pertinent information when bereavement leave is taken by City employees, including deceased relative?s name, the name and address of the funeral home, and the date of the funeral. In the event an employee wishes to provide information about his/her deceased family member(s) to S C ITY OF CHERTZ EH MPLOYEEANDBOOK his/her work colleagues, he/she may communicate the information as he/she wishes. However, if an employee wishes to communicate information about his/her deceased family member(s) to all City employees, he/she must provide a written request to Human Resources, stating that he/she wishes to publish information about the deceased family member on a City employee forum or board. Abuses Any employee abusing the employee bereavement policy through falsification may be subject to disciplinary action up to and including termination. Related Policies Comp Time Sick Leave Vacation