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PZ 05-08-2019 AGENDA with associated documentsMEETING AGENDA Schertz Capital Improvement Advisory Committee AND Planning & Zoning Commission May 8, 2019 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 SCHERTZ CITY OF VALUES othe ri thing Do the best you can Treat others the way you t to e treated Work cooperatively as a tea 1. CALL TO ORDER / ROLL CALL THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING 2. PUBLIC HEARING: A. Tabled at the April 24, 2019 CIAC Meeting: Hold a public hearing, consider and file the semi - annual report evaluating the progress of the city on achieving the capital improvements program and identifying any problems in implementing the plans or administering the capital recovery fees. 3. ADJOURNMENT OF THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING 1. CALL TO ORDER / ROLL CALL THE REGULAR PLANNING & ZONING COMMISSION MEETING 2. HEARING OF RESIDENTS This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill out the Speaker's register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission 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. 3. CONSENT AGENDA: Planning & Zoning May 8, 2019 Page 1 of 3 A. Minutes for the April 24, 2019 Regular Meeting. 4. ITEMS FOR INDIVIDUAL CONSIDERATION: A. WA2019 -001 Consider and act upon a request for approval of a waiver regarding on -site sewage facilities for the DG Schertz Addition Subdivision, an approximately 4.5 acre tract of land generally located at the northwest corner FM 1518 and Schaefer Road, City of Schertz, Bexar County, Texas. B. PC2019 -005 Consider and act upon a request for approval of a preliminary plat for the DG Schertz Addition Subdivision, an approximately 4.5 acre tract of land generally located at the northwest corner FM 151.8 and Schaefer Road, City of Schertz, Bexar County, Texas. C. PC2018 -042 Consider and act upon a request for approval of a master development plan for the Royal Manufacturing Subdivision, an approximately 184 acre tract of land generally located on the west side of the intersection of Doerr Lane and Bell North Drive, City of Schertz, Comal County, Texas. D. PC2019 -059 Consider and act upon a request for approval of a replat of Royal Manufacturing Subdivision Lot 1, Block 1, an approximately 14 acre tract of land located at 9998 Doerr Lane, and the adjacent approximately 84 acre tract of unplatted land generally located on the west side of the intersection of Doerr Lane and Bell North Drive, City of Schertz, Comal County, Texas. 5. WORKSHOP AND DISCUSSION: A. Workshop / Discussion and Public Hearing on Short Term Rentals and PIT Pads 6. REQUESTS AND ANNOUNCEMENTS: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda B. Announcements by Commissioners • City and community events attended and to be attended • Continuing education events attended and to be attended C. Announcements by City Staff. • City and community events attended and to be attended. • NEW SITE PLAN APPLICATIONS: There were no new site plan applications submitted to the Planning and Community Development Department between April 20, 2019 and May 3, 2019. 7. ADJOURNMENT OF THE REGULAR MEETING Planning & Zoning May 8, 2019 Page 2 of 3 CERTIFICATION I, Emily Delgado, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 3rd day of May, 2019 at 5:00 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. Emily Delgado, Planner I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was removed from the official bulletin board on day of , 2019. 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 619 -1030 at least 24 hours in advance of meeting. The Planning and Zoning Commission for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. Planning & Zoning May 8, 2019 Page 3 of 3 • TO: Planning and Zoning Commission PREPARED BY: Emily Delgado, Planner SUBJECT: Tabled at the April 24, 2019 C1AC Meeting: Hold a public hearing, consider and file the semi- annual report evaluating the progress of the city on achieving the capital . improvements program and identifying any problems in implementing the plans or administering the capital recovery fees. M 0101131 1M.111 M �. Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital Improvements Advisory Committee (CIAO) to file semi - annual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implementing the plan or imposing impact fees. Section 90 -158 of the City's Code of Ordinance includes this same requirement. The two expenses to the Capital. Impact Fee Funds for this period were investment management fees for the Sewer Impact Fees and auditor costs. There the only expense for the Water Impact Fees was for auditor costs. Project Expenses for Water Impact Fee projects were $9,843.00 in engineering costs, $26,670.31 to extend CPS utilities to the site, and $13,800.32 to purchase right of way for the Corbett Elevated Tank. Project Expenses for the Sewer Impact Fee projects were $116,400.00 in lease costs for the Crossvines Batch Plant Expansion and $56,860.59 in engineering and right of way costs for the Woman Hollering Trunk Line project. There were no Project Expenses for any Roadway Impact Fee projects. Project Status: 1. Corbett Elevated Water Storage Tank: The Notice to Proceed was issued on February 11th and work onsite began in late - March. Landmark Structures and City Staff are working through the submittal process. Landmark Structures is also working to finalize the tank foundation design. The project is expected to be completed July of 2020 2. Woman Hollering Creek Wastewater Interceptor Main and Lift Station: CobbFendley continues to work on making the final plan revisions and the bid documents. City Staff and CobbFendley continue to negotiate with property owners to acquire necessary easements for the project. Revised offer letters have been sent out to property owners and negotiations continue with property owners. CobbFendley is working to complete the City's platting and site plan process for the lift station site. The bidding of the project is dependent on easement acquisition, but the project is planned to be bid in the late Spring or early Summer of 2019. The attached report is the semi - annual report from October 1, 2018 through March 31, 2019. STAFF NOTE: Roadway Impact Fees will now be included in this report. A new page at the end of the report has been added to show revenues, expenditures, and balances for the period. Once projects are identified, a new report showing projects and funding allocation will be added. The report has the Beginning Allocated Impact Fee Balance and Net Change in Allocated Impact Fees for Sewer, and the combined Beginning Unallocated Impact Fee Balance corrected from the previous report submission on April 24, 2019. The previous report had missing excel links that caused the numbers to not add up as intended. STAFF ANALYSIS AND RECOMMENDATION Staff recommends the CIAC accept this report and file the semi - annual report with City Council. The semi - annual report will consist of the items presented to the CIAC and the draft minutes from this meeting. Attachments Semi - Annual Impact Fee Report CITY OF SCHERTZ CAPITAL RECOVERY IMPACT FEE REPORT OCTOBER 1, 2018 TO MARCH 31, 2019 Oct 1, 2018 to Mar 31, 2019 * * * * * * * * * * * * ** IMPACTS FEES * * * * * * * * * * * * ** Water Sewer Total Beginning Allocated Impact Fee Balance 2,848,621.52 419,238.80 3,267,860.32 Net Change in Allocted Impact Fees Ending Allocated Impact Fee Balance Beginning Unallocated Impact Fee Balance 2 50,510.63 225,595.33 276,105.96 2,798,110.89 193,643.47 2,991,754.36 6,608,113.78 6,018,412.27 12,626,526.05 Revenues: Impact Fees 426,897.00 233,886.72 660,783.72 Transfer In 0.00 0.00 0.00 Interest Earned 2,027.49 2,104.76 4,132.25 Investments Income 68,453.46 68,848.42 137,301.88 Capital One - Investment Income 0.00 0.00 0.00 Misc Income 0.00 0.00 0.00 Reimbursement 0.00 0.00 0.00 Expenses: Advertising 0.00 0.00 0.00 Engineering 0.00 0.00 0.00 Legal Svcs 0.00 0.00 0.00 Professional Services 0.00 0.00 0.00 CCMA- NorthCliffe Impact Fees 0.00 0.00 0.00 Auditor /Accounting Services 484.00 484.00 968.00 Investment Mgt Fee - Sewer 0.00 1,833.73 1,833.73 Transferred Out 0.00 0.00 0.00 Total Revenue Over /(Under) Expense Ending Unallocated Impact Fee Balance Estimated Cost of Unfunded Projects Corbett Elevated Tank - RL1 Corbett Ground Storage Tank NE Quad Distribution Mains Impact Fee Study Update Woman Hollering Trunk Line Cibolo West Trunk Line Impact Fee Study Update Total Unfunded Project Costs Unfunded Projects to Ending Unallocated Impact Fee Balance 3 496,893.95 302,522.17 799,416.12 7,105,007.73 6,320,934.44 13,425,942.17 2,600,000.00 5,000,000.00 1,300,000.00 250,000.00 7,860,000.00 6,000,000.00 250,000.00 9,150,000.00 14,110,000.00 23,260,000.00 (2,044,032.27) (7,780,055.33) (9,834,057,83) Allocated Impact Fee Balances only include Capital Recovery funds and not funds from any other source. It also assumes Capital Recovery Funds are used first when allocated. z Beginning Unallocated Impact Fee Balance for Water includes $116,040 loan for the Street Impact Fee Study s Negative Unfunded Projects to Ending Impact Fee Balance to be funded by future revenues or through other sources Capital Recovery Water Projects Capital Improvements Program SE Quad Pump Station SE Quad GST SE Quad Elevated Tank SE Quad Distribution Mains NE Quad Distribution Mains IH10 Corridor Distribution Mains Original Cost Estimate $ 1,688,289 $ 1,100,000 $ 1,250,000 $ 1,700,000 $ 1,600,000 $ 1,000,000 Current Project Designation Corbett Ground Storage Tank Corbett Ground Storage Tank Corbett Elevated Tank - RL1 Corbett Elevated & Ground Tanks $ $ Current Cost Estimate $ 5,000,000 $ 5,650,000 $ 1,300,000 Capital Recovery Funding /Allocation 2011 $ $ $ 3,148,917.24 $ $ $ 2012 $ $ $ 897,245.46 $ $ $ 2013 $ $ $ 12,251.14 $ $ $ 2014 $ 500.00 2015 $ 86,166.10 2016 $ 3,050,000.00 2017 $ 6.77 2018 $ 2,081.13 2019 $ 980.00 Capital Recovery Funding Balance $ $ $ 3,148,917.24 $ $ $ Other Funding Sources $ $ $ 897,245.46 $ $ $ Total Project Funding Sources $ $ $ 4,046,162.70 $ $ $ Proiect Annual Expenses First Half 2011 Second Half 2011 First Half 2012 Second Half 2012 First Half 2013 Second Half 2013 $ 12,251.14 First Half 2014 $ 6.77 Second Half 2014 $ 2,081.13 First Half 2015 $ 980.00 Second Half 2015 $ 120,233.32 First Half 2016 $ 87,843.28 Second Half 2016 $ 22,763.75 First Half 2017 $ - Second Half 2017 $ 40,403.20 First Half 2018 $ 6,248.00 Second Half 2018 $ 7,485.13 First Half 2019 $ 50,510.63 Second Half 2019 $ - Total Expenses $ $ $ 350,806.35 $ $ $ Allocated Impact Project Fee Balance $ $ $ 2,798,110.89 $ $ $ Project Balance $ $ $ 3,695,356.35 $ $ $ Project Status Future Future Ongoing Future Future Future Capital Recovery Sewer Projects Capital Improvements Program Final South Sewershed Master Plan Town Creek Phase III Town Creek Phase IV Woman Hollering Creek STP PH II South Schertz Trunk Lines and Lift Station South Schertz Trunk Lines and Lift Station Original Cost Estimate $ 15,000 $ 659,126 $ 1,000,000 $ 600,000 $ 9,600,000 Current Project Designation $ Town Creek Phase III - QA3 1 Crossvines Batch Plant Expansion - QA4 Woman Hollering Trunk Line - QA2 /Q01 Cibolo West Truck Line Current Cost Estimate $ 931,740 $ 487,848 1 $ 10,860,000 $ 6,000,000.0 Capital Recovery Funding /Allocation 2011 $ $ $ $ 487,848.00 $ $ 2012 Bond 2007 $ 931,739.74 Bond 2013 $ 3,000,000.00 2013 $ $ 931,73934 1 487,848.00 1 $3,000,000.00 $ 2014 $ 82,262.17 2015 $ 49,861.30 2016 $ 980.00 $ 17,032.55 2017 $ 28,743.00 $ 61,364.70 2018 $ 46,690.62 $ 487,848.00 $ 34,775.84 2019 $ 5,858.72 $ - $ 5,382.50 Capital Recovery Funding Balance $ $ $ $ 487,848.00 $ $ Other Funding Sources Bond 2007 $ 931,739.74 Bond 2013 $ 3,000,000.00 Total Project Funding Sources $ $ 931,73934 1 487,848.00 1 $3,000,000.00 $ Project Annual Expenses First Half 2011 Second Half 2011 First Half 2012 Second Half 2012 $ 82,262.17 First Half 2013 $ 49,861.30 Second Half 2013 $ 980.00 $ 17,032.55 First Half 2014 $ 28,743.00 $ 61,364.70 Second Half 2014 $ 46,690.62 $ 34,775.84 First Half 2015 $ 5,858.72 $ 5,382.50 Second Half 2015 $ 815,683.00 $ 38,315.41 First Half 2016 $ 33,784.40 $ 121,438.32 Second Half 2016 $ 83,983.26 First Half 2017 $ 6,220.00 Second Half 2017 $ 4,048.18 First Half 2018 $ 247,870.62 Second Half 2018 $ 68,609.20 $ 212,479.83 First Half 2019 $ 225,595.33 $ 56,860.59 Second Half 2019 $ $ - Total Expenses $ $ 931,739.74 $ $ 294,204.53 1 $ 1,021,895.27 Allocated Impact Project Fee Balance $ $ $ $ 193,643.47 $ $ Project Balance $ $ $ $ 193,643.47 $ 1,978,104.73 $ Project Status Future Complete Future On Going On Going Future CITY OF SCHERTZ ROADWAY IMPACT FEE REPORT OCTOBER 1, 2018 TO MARCH 31, 2019 Oct 1, 2018 to Mar 31, 2019 Beginning Allocated Impact Fee Balance Net Change in Allocted Impact Fees Ending Allocated Impact Fee Balance Beginning Unallocated Impact Fee Balance Revenues: Impact Fees Transfer In Interest Earned Investments Income Misc Income Reimbursement Expenses: Advertising Engineering Legal Svcs Professional Services Auditor /Accounting Services Transferred Out Total Revenue Over /(Under) Expense Ending Unallocated Impact Fee Balance * * * * * * * * * * * * * * * * * * ** ROADWAY IMPACTS FEES * * * * * * * * * * * * * * * * * * ** Area 1 Area 2 Area 3 Area 4 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 61,122.36 0.00 0.00 0.00 0.00 0.00 0.00 2,022.00 0.00 2,022.00 0.00 0.00 0.00 0.00 0.00 557.56 0.00 0.00 0.00 557.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,579.56 557.56 0.00 2,022.00 61,679.92 0.00 2,022.00 0.00 63,701.92 • TO: Planning and Zoning Commission PREPARED BY: Emily Delgado, Planner SUBJECT: Minutes for the April 24, 2019 Regular Meeting. Attachments Minutes for the April 24, 2019 Regular Meeting PLANNING AND ZONING MINUTES April 24, 2019 The Schertz Planning and Zoning Commission convened on April 24, 2019 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION CITY STAFF Michael Dahle, Chairman Ernie Evans, Vice Chairman Richard Braud Ken Greenwald Glen Outlaw COMMISSIONERS ABSENT LaDonna Bacon Lauren Garrott Gordon Rae 1. Call To Order• Mr. Dahle called the 2. Hear of Residents: No residents spoke. 3. Consent Agenda: A. Minutes for the 1 Brian James, Assistant City Manager Lesa Wood, Director of Planning & Community Dev. Tiffany Danhof, Executive Assistant Emily Delgado, Planner Nick Koplyay, Planner Thomas Pinder, Fire Marshal John Nowak, City Engineer Dan Santee, City of Attorney Ter / Applicant: Schertz Parkway Real Estate �stments, LLC, Dwayne Hart ect Engineer: Pape - Dawson Engineers, Inc., 6:17 P.M. 27, 2019 regular meetings. Mr. Greenwald motioned to approve the minutes for March 27, 2019. Mr. Braud seconded the motion. The vote was 5 -0, motion carried. Minutes Planning and Zoning Commission April 24, 2019 Page 1 of 3 4. Public Hearing: A. PC2019 -010 Hold a Public Hearing, consider and act upon a request to appeal a staff determination in order to allow a driveway onto Schertz Parkway at an approximately 1.5 acre tract of land out of the Torribo Herrera Survey Number 68, Abstract 205 (Guadalupe County Property ID: 64696), City of Schertz, Guadalupe County, Texas. Mr. Braud recused himself from the dais. Mr. Dahle opened the public hearing at 6:19 P.M. The applicant gave a presentation and Dean Vande Hey; 495 Cover Bridge - John Sullivan; 513 Triple Crown- Coi Shannon Schimelpfening; 486 Cover Mr. Dahle closed the public hearing a There was a len Mr. Dahle reopened the with land Bridge- P.M. for Safety. traffic and safety. Dwayne Mart -owner concerns with consistency and wanting to supply services. Heather King; 2521 Woodbridge Way- Concerns for safety and requesting one entry. Dan Santee, City of Attorney- gave clarification on a waiver of hardship. Kadir Akyo1; 2404 Hemingway Trail- Concerns for safety. Dean Vande Hey; 495 Cover Bridge- Concerns with land use question, and gave a possible solution of single ingress and egress point. Mr. Dahle closed the public hearing at 7:09 P.M. There was a lengthy discussion. Mr. Evans motioned to disapprove the public hearing item PC2019 -010. Mr. Greenwald seconded the motion. The vote was 4 -0, motion carried. Minutes Planning and Zoning Commission April 24, 2019 Page 2 of 3 5. Requests and Announcements: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. There were no requests by commissioners. B. Announcements by Commissioners. City and community events attended and to be attended Continuing education events attended and to be attended There were no comments by Commissioners. C. Announcements by City Staff. • City and community events attended and to be attended. • NEW SITE PLAN APPLICATIONS: There were no new site plan applications submitted to the Planning and Community Development Department between March 22, 2019 and April 19, 2019. There were no Minutes Planning and Zoning Commission April 24, 2019 Page 3 of 3 at 7:13 P.M. Recording Secretary, City of Schertz TO: Planning and Zoning Commission PREPARED Nick Ko 1 a Planner BY: p Y Y� CASE: WA2019 -001 SUBJECT: WA2019 -001 Consider and act upon a request for approval of a waiver regarding on -site sewage facilities for the DG Schertz Addition Subdivision, an approximately 4.5 acre tract of land generally located at the northwest corner FM 1518 and Schaefer Road, City of Schertz, Bexar County, Texas. GENERAL INFORMATION: Owner: Estate of Antonia A. Ramirez Applicant: John Cowan & Associates, Inc., Philip Cornett Engineer: Linfield, Hunter & Junius, Inc., Casey Genovese ITEM SUMMARY: The applicant is proposing to preliminary plat approximately 4.5 acres of land zoned Neighborhood Services District, Single - Family Residential/Agricultural District (R -A) and General Business District (GB) into two (2) commercial lots in order to develop a commercial retail store. The proposed DG Schertz Addition Subdivision consists of Lot 1, Block 1, a 1.542 acre tract of land and Lot 2, Block 1, a 2.940 acre tract of land. Lot 1, Block 1 is currently zoned Neighborhood Services District (NS) and Lot 2, Block 1 is currently zoned Single - Family Residential /Agricultural District (R -A) and General Business District (GB). The applicant is seeking approval of a waiver to Unified Development Code (UDC) Sec. 21.15.313 Wastewater Systems, in order to have the ability to install privately owned On -Site Sewage Facilities (OSSF) on the property. GENERAL LOCATION AND SITE DESCRIPTION: The subject property is currently undeveloped and is generally located at the northwest corner of the intersection of FM 1518 and Schaefer Road. PUBLIC IMPROVEMENTS: The applicant is seeking approval of a waiver to install privately owned On -Site Sewage Facilities (OSSF) on the subject property. The OSSF systems would be regulated by Guadalupe County. The subject property has a dual Certificate of Convenience and Necessity (CCN) for sewer with the City of Schertz responsible for collection and Cibolo Creek Municipal Authority (COMA) responsible for treatment. In accordance with UDC Sec. 21.15.3.B., Wastewater Systems, all lots, tracts, and parcels on which the development is proposed shall be connected to a public wastewater system. Furthermore, the UDC, Article 12 Subdivisions, Sec. 21.12.2.D. requires that all land subdivided or platted shall fully comply with the requirements of this UDC. Based on the requirements defined in UDC Sec. 21.1.2.15 Waivers, forgoing a connection to a public wastewater system and installing an OSSF requires a waiver to be granted by the Planning and Zoning Commission. The UDC authorizes the Planning and Zoning Commission to grant waivers to the provisions in Article 12 when undue hardship will result from requiring strict compliance. STAFF ANALYSIS AND RECOMMENDATION: The applicant is requesting a waiver to the required connection to a public waste water system to allow the installation of privately owned on -site sewage facilities in the DG Schertz Addition Subdivision. The request for on -site sewer facilities is due to the lack of current capacity at existing sewer treatment facilities in the area and no future credits available for the proposed development. The lack of capacity dictates that the developer must extend a sewer line from the proposed retail commercial store to the nearest Cibolo Creek Municipal Authority (COMA) Wastewater Treatment Plant, which is 9,000 linear feet away from the proposed development. The developer would be required to install approximately 5,000 feet of an 8" gravity sewer line along Schaefer Road to the intersection of Schaefer Road and Cibolo Creek Municipal Authority Road. A sewer lift station would then be required to overcome elevation constraints and transport wastewater the rest of the distance to the wastewater treatment plant. The infrastructure required to comply with UDC Sec. 21.15.3.B., Wastewater Systems would pose a substantial financial burden to the property owner and developer; the added cost of the infrastructure to construct this offsite sewer extension would render the project financially unviable and is an unreasonable requirement for this project. The Engineering Department in reviewing this waiver request, provided that the Department is in support of granting the waiver and notes that it is consistent with similar waivers granted. Additionally, Engineering stated that they verified that the proposed preliminary plat associated with the waiver is laid -out in a manner to provide for connection a public sanitary sewer system in the future. This waiver request has been reviewed with no objections by Public Works, Engineering and Planning Departments. Staff recommends approval of the waiver based on the distance to sewer connections. The granting of this waiver will not have a negative impact on existing or proposed municipal infrastructure. Additionally, granting of this waiver will not be detrimental to the public health, safety or welfare, or be injurious to other property in the area. If approved, any new On Site Sewage Facilities needed to serve the proposed preliminary plat will be reviewed and permitted through Bexar County. * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: In considering final action on waivers to the UDC, the Commission should consider the criteria within the UDC: Section 21.12.15 Waivers A. General The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds: That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDC. Such findings of the Planning and Zoning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done. B. The Planning and Zoning Commission may establish a time period for execution of each granted waiver. C. Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted. D. Planning and Zoning Commission shall not authorize a waiver that would constitute a violation of a valid law, ordinance, code or regulation of the City. E. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outlined above. Attachments Waiver Letter and Sewer Line Extension Map City of Schertz Engineering Memo April 4, 2019 Mr. Nick Koplyay, Planner City of Schertz 1400 Schertz Parkway Schertz, TX 78154 xzmia���� 11 VT U of YM 15 16—& Schaeter Rd. Schertz, TX 0. r_HIe_AA--�V_ Dr, Mr. Koplyay, Ralph W. Junius, Jr., P.E. Nathan J. Junius, P.E., P.L.S. Sergio J. Girau, P.E. Anthony F. Goodgion, P.E. J. Greg Cantrell, PLA Charles T. Knight, P.E. Robert E. Nockton, P.E. Mark K. Annino Daniel F. Bobeck, P.E. Benjamin N. Chadwick, AIA Wesley R. Eustis, RE. Daniel A. Flores, P.E. Case), M, Genovese, P.E. jedidiah S. Hellmich, P.E. Timothy J. Roth, RE. Luis F. Sosa, P.E. Richard A. Van Wootten, P.E. The owner, Estate of Antonia A. Ramirez, and the developer, The Overland Group, LLC (DGOGSchertztx04042018, LLC) are requesting a waiver for the section 90-78 (a) and (b) of the City of Schertz Code of Ordinances requirements regarding connection to the public wastewater system. 90-78(a) All owners or occupants of buildings or agents for such owners, situated in any section of the city where sanitary sewer facilities now exist, or where they may hereafter exist, and where the property line of the land on which any such building is situated approaches or extends to within 500feet of a residential structure or 1,500 feet of a commercial business of such sewer facility, are hereby required to construct or cause to be constructed suitable water closets on their property, and connect the same with the city sewer. It shall be the duty of any such property owner or occupant to Ifeep and maintain such water closets and connections thereof in good working condition and free from any obstruction. 90-78(b) It shall be unla-vifulfor any person to build or use any permanent privy vault above or below the ground in the city on any lot parcel of land, the property line of Which, at any point extends to within a distance of 500, feet residential and 1, 500 feet for commercial of city sanitary sewer facility. The Overland Group, LLC (DGOGSchertztx04042018, LLC) desires to construct a new ±9,100 S.F. commercial retail store on a 1.542 acre lot to be established via the proposed DG Schertz Addition subdivision plat located at the northwest comer of FM 1518 and Schaefer Rd. The site is located within the City of Schertz and is currently zoned Neighborhood Services (NS). Since The Overland Group, LLC (DGOGSchertztx.04042018, LLC) is proposing to construct the new commercial development on a 1.542 acre parcel of land that is a part of an overall 4.482 acre parcel of land, the City of Schertz requires that the property be platted. The property is being Preliminary Platted as "Preliminary Plat Establishing DG Schertz Addition Showing 4.482 Acres of Land, Part of Genovera Malpaz Survey, A-464, City of Schertz, Bexar County, Texas" to subdivide the existing 4.482 acre parcel of land into two separate lots, Lot I comprising of 1.542 acres and Lot 2 comprising of 2.940 acres. The proposed commercial development is to be located within Lot t of the subdivision. From previous conversations with the City of Schertz and adjacent land developers, it has been brought to our attention that the existing sewer facilities in the area (Willow Grove Subdivision) of the proposed development are at capacity and further there are no existing or future (based on planned upgrades) credits available for the proposed development. Due to this, a new sewer main would need to be installed from the proposed development to the Cibolo Creek Municipal Authority's wastewater treatment plant, which is located ±9,000 L.F. from the proposed development. In order to transport sewage from the proposed development to the wastewater treatment plant, approximately 5,078 L.F. of 8" gravity sewer would need to be installed along East and West Schaefer Road to the intersection of Schaefer Road and Cibolo Creek Municipal Authority Road. At this intersection, due to elevation constraints, a sewer lift station would need to be constructed & installed to transport the sewage another ±4,005 L.F. via a 6" force main to the existing wastewater treatment plant. Cost of Improvements: The cost of the infrastructure to construct this offsite sanitary sewer main extension is shown below. The cost data does not include engineering fees for geotecbnical testing and sanitary sewer design/plan preparation. Description Quantity Unit Unit Price Subtotal Mobilization I LS 10% $53,813.50 8" PVC SDR 26 SS Pipe 5,078 LF $45.00 $228,510.00 Sanitary Sewer Manhole 15 EA $3,500.00 $52,500.00 Roadway Bore, 8" Main (14" Casing) 550 LF $140.00 $77,000.00 Driveway Open Cut 15 EA $2,000.00 $30,000.00 6" Force Main Pipe 4,005 LF $25.00 $100,125.00 Sewer Lift Station I EA $50,000.00 $501000.00 Total Estimated Cost $591,948.50 The estimated cost of the sewer improvements mentioned above would approximately double the construction cost of the proposed facility and would cause the proposed development to not be financially feasible. The 1.542 acre retail facility property has sufficient acreage to accommodate an onsite septic system and is being supplied water by a municipal source, City of Schertz water located along FM 1518. The owner requests a waiver to be granted to the City's requirement that Lot I be connected to a public sanitary sewer system, and be allowed to construct a septic system in compliance with City, County, and TCEQ regulations, If you have any additional comments or questions, please contact us. Very truly yours, LINF�ELD, HUNTER & JUNIUS, INC. A Casey M. Genovese, P.E. COMMUNOY SCHHEIRU I �SCRVICE oponTUNitY DEVELOPMENT SE.KVICLS f'NG'lNEF,RING DEPARTMENT b TO: Planning and Zoning Commission PREPARED Nick Ko 1 a Planner BY: p Y Y� CASE: PC2019 -005 SUBJECT: PC2019 -005 Consider and act upon a request for approval of a preliminary plat for the DG Schertz Addition. Subdivision, an approximately 4.5 acre tract of land generally located at the northwest corner FM 1518 and Schaefer Road, City of Schertz, Bexar County, Texas. GENERAL INFORMATION: Owner: Estate of Antonia A. Ramirez Applicant: John Cowan & Associates, Inc., Philip Cornett Engineer: Linfield, Hunter & Junius, Inc., Casey Genovese " 16101 1 Date: January 28, 2019 March 25, 2019 . April 18, 2019 April 30, 2019 May 2, 2019 ITEM SUMMARY: Application Submittal Type: Original Application Revised Submittal Revised Submittal Revised Submittal Revised Submittal The applicant is proposing to preliminary plat approximately 4.5 acres of land zoned Neighborhood Services District (NS), Single - Family Residential /Agricultural District (R -A), and General Business District (GB) into two (2) commercial lots in order to develop a commercial retail store. The proposed DG Schertz Addition Subdivision consists of Lot 1, Block 1, a 1.542 acre tract of land and Lot 2, Block 1, a 2.940 acre tract of land. Lot 1, Block 1 is currently zoned Neighborhood Services District (NS) and Lot 2, Block 1 is currently zoned Single - Family Residential /Agricultural District (R -A) and General Business District (GB). GENERAL LOCATION AND SITE DESCRIPTION: The subject property is currently undeveloped and is generally located at the northwest corner of the intersection of FM 1518 and Schaefer Road. ACCESS AND CIRCULATION: The proposed lots both have frontage onto FM 1518 and Schaefer Road; however, the site will only be allowed to have an access point on Schaefer Road. There is a proposed Joint Use Access Easement that connects the two lots, which will allow for cross lot access for future commercial developments. TREE MITIGATION AND PRESERVATION: The applicant is responsible for complying with Unified Development Code (UDC) Sec. 21.9.9 Tree Preservation and Mitigation. The application has submitted a tree affidavit which indicates that the site does not contain any Protected or Heritage Class trees. PUBLIC SERVICES: The site will be serviced by City of Schertz water, Cibolo Creek Municipal Authority (CCMA), CPS, Spectrum, and AT &T. PUBLIC IMPROVEMENTS: All public improvements required for this subdivision are required to be installed prior to recording of the final plat per UDC, Section 21.4.15., unless otherwise specified in an approved development agreement. Water: This site will be serviced through a City water line. Sewer: This site is not currently serviced by a public wastewater system. The applicant is requesting a waiver to allow both lots to be served by on -site sewage facilities (OSSF). Drainage: The applicant is responsible for all drainage associated with the subject property, and for compliance with the Storm Water regulations. A preliminary drainage report has been reviewed and approved by the City Engineer. Sidewalks, Hike and Bike Trails: Sidewalks will be constructed along both FM 1518 and Schaefer Road. All sidewalks will be designed to meet City of Schertz Specifications. Road Improvements: The subject property is located adjacent to FM 1518, a Principal Arterial roadway according to the Schertz Master Thoroughfare Plan (MTP) and a Texas Department of Transportation (TxDOT) roadway. TxDOT is requiring a 20' right -of -way dedication along FM 1518. The subject property is also located adjacent to Schaefer Road, a Residential Collector roadway according to the Schertz MTP. The applicant is dedicating their half of the necessary right -of -way for Schaefer Road to the City, which will allow the roadway to be improved to the required 70' Residential Collector right -of -way section as dictated by the Schertz MTP. .12. I R76111 kv.1,113 13 t1l X4113 UU1_1170 112 The preliminary plat is consistent with applicable requirements, ordinances and regulations for the property. It has been reviewed with no objections by the City Engineer, :Public Works, Parks, Inspections, and Fire. Staff recommends approval. * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. The Planning and Zoning Commission is the final approval authority of the proposed preliminary plat. In considering final action on a preliminary plat, the Commission should consider the criteria within UDC, Section 21.12.8 D. Attachments Aerial Map Preliminary Plat Exhibit STATE OF TEXAS COUNTY OF BEXAR I HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN THIS PLAT TO THE MATTERS OF STREETS, LOTS AND DRAINAGE LAYOUT. TO THE BEST OF MY KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF THE UNIFIED DEVELOPMENT CODE. LICENSED PROFESSIONAL ENGINEER STATE OF TEXAS COUNTY OF BEXAR I HEREBY CERTIFY THAT THE ABOVE CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND. PHILIP W. CORNETT REGISTRATION NO. 5515 WITHIN THE STATE OF TEXAS THIS PROPOSED DEVELOPMENT PLAT HAS BEEN REVIEWED AND APROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WATEWATER TREATMENT PLAT CAPACITY. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITTAL OF BUILDING PERMIT APPLICATION AT THE THEN CURRENT FEE SCHEDULE. AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY SURVEYED LEGAL DESCRIPTION All that certain lot, tract, or parcel of land, being part of the Genovera Malpaz Survey, Abstract No. 464, Bexar County, Texas, being part of that certain called 4.768 acre tract described in a deed from Robert L. McMillan and Johnnie M. McMillan to Antonia A. Ramirez on June 7, 1991, recorded in Volume 5088, Page 1698 of the Official Public Records of Bexar County, Texas (OPRBCT), being more completely described as follows, to -wit: COMMENCNING at a'' /" iron rod (found) for the South corner of the above mentioned 4.768 acre tract, in the Northwest right of way of Schaefer Road; THENCE North 30 deg. 09 min. 10 sec. West with the Southwest line of the 4.768 acre tract, a distance of 9.55 ft. to a %_" iron rod (set) for corner and the place of BEGINNING; THENCE North 30 deg. 09 min. 10 sec. West with the Northeast line of Lot 1, Block 1 of the Craig's Farm Addition, as shown by plat of same recorded in Volume 9641, Page 143 of the Plat Records of Bexar County, Texas (PRBCT), the Southwest line of the 4.768 acre tract, a distance of 393.47 ft. to a %" iron rod (found) for the West corner of same, the South corner of the Ronald C. Spanley 4.673 acre tract described in Volume 4892, Page 1211 (OPRBCT); THENCE North 59 deg. 50 min. 33 sec. East with the Southeast line of the 4.673 acre tract, the Northwest line of the 4.768 acre tract, a distance of 497.90 ft. to a W' iron rod (set) for corner; THENCE South 30 deg. 08 min. 57 sec. East a distance of 355.67 ft. to W' iron rod (set) for corner; THENCE South 15 deg. 13 min. 54 sec. West a distance of 54.19 ft. to a %" iron rod (set) for corner; THENCE South 59 deg. 52 min. 28 sec. West a distance of 459.30 ft. to the place of beginning, containing 4.482 acres of land. 1. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48029CO295F, DATED SEPTEMBER 29, 2010, LOTS 1 AND 2 ARE LOCATED IN ZONE XAND ARE NOT WITHIN THE 100 -YEAR FLOODPLAIN. LEGEND ZONE R -A 1/2" IR FOUND SINGLE- FAMILY RESIDENTIAL /AGRICULTURAL 1/2" IR SET ® CONCRETE MONUM PW POWERPOLE (- GUY WIRE tl BENCHMARK ® CABLE PEDESTAL UV VAULT ® ELECTRIC METER TSe TRAFFIC SIGNAL E7 LIGHT POLE © CABLE BOX X- FENCE - t- PIPE LINE S 59 °52'28" W HYDRANT SIGN WATER VALVE m TELEPHONE BOX rM WATER METER C /Q" CLEAN OUT AIR CONDITIONER A/L AEROBIC LID TXDOT PLAT NOTES: CPS NOTES FOR RESIDENTIAL DEVELOPMENT DIRECTLY ADJACENT TO STATE RIGHT -OF -WAY, THE DEVELOPER SHALL BE RESPONSIBLE FOR ADEQUATE SETBACK AND /OR SOUND ABATEMENT MEASURES FOR FUTURE NOISE MITIGATION. 2. OWNER /DEVELOPER IS RESPONSIBLE FOR PREVENTING AND ADVERSE IMPACT TO THE EXISTING DRAINAGE SYSTEM WITHIN THE HIGHWAY RIGHT -OF -WAY, FOR PROJECTS IN THE EDWARDS AQUIFER RECHARGE OR CONTRIBUTING ZONES, OUTFALLS FOR WATER QUALITY AND /OR DETENTION PONDS TREATING IMPERIOUS COVER RELATED TO THE DEVELOPMENT, WILL NOT ENCROACH BY STRUCTURE OR GRADING INTO STATE ROW. PLACEMENT OF PERMANENT STRUCTURAL BEST MANAGEMENT PRACTICE DEVICES OR VEGATATIVE FILTER STRIPS WITHIN STATE ROW WILL NOT BE ALLOWED. 3. MAXIMUM ACCESS POINTS TO STATE HIGHWAY FROM THIS PROPERTY WILL BE REGULATED AS DIRECTED BY "ACCESS MANAGEMENT MANUAL ". THIS PROPERTY IS ELIGIBLE FOR A MAXIMUM COMBINED TOTAL OF 0 ACCESS POINTS ALONG FM 1518 BASED ON THE OVERALL PLATTED HIGHWAY FRONTAGE OF 226.20 FT. 4. IF SIDEWALKS ARE REQUIRED BY APPROPRIATE CITY ORDINANCE, A SIDEWALK PERMIT MUST BE APPROVED BY TXDOT, PRIOR TO CONSTRUCTION WITHIN STATE RIGHT -OF -WAY. LOCATIONS OF SIDEWALKS WITHIN STATE RIGHT -OF -WAY SHALL BE DIRECTED BY TXDOT. 5, ANY TRAFFIC CONTROL MEASURES (LEFT -TURN LANE, RIGHT -TURN LANE SIGNAL, ETC.) FOR ANY ACCESS FRONTING A STATE MAINTAINED ROADWAY SHALL BE THE RESPONSIBILITY OF THE DEVELOPMENT /OWNER. THE CITY OF SAN ANTONIO AS A PART OF ITS ELECTRIC AND GAS SYSTEM (CITY PUBLIC SERVICE BOARD) IS HEREBY DEDICATED THE EASEMENT AND RIGHT -OF -WAY FOR ELECTRIC AND GAS DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT ", "GAS EASEMENT ", "ANCHOR EASEMENT ", "SERVICE EASEMENT ", "OVERHANG EASEMENT ", "UTILITY EASMENT ", AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTION, MAINTAINING, REMOVING, INSPECTING, PATROLLING, AND ERECTING POLES, HANGING OR BUYING WIRES, CABLES, CONDUITS, PIPELINES OR TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES: TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS SAID EASEMENT AND RIGHT -OF -WAY AREAS, AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDING, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASMENT AREAS. 2. ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATION. 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE, OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENT OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW: 4. ELECTRIC, TELEPHONE & CABLE TV OVERHANG ONLY EASEMENT BEGINS AT 16' ABOVE GRADE. E J ONE -STORY MASONRY BUILDING CALL: 4.673 ACRES LOR R. OROZCO, M.D. TO )NALD C. SPANLEY AND CAROL E. SPANLEY )LUME 4892, PAGE 1211 Q AUGUST 10, 1990 / spy V O �g� 9 �N O \ GENERALNOTES: BENCHMARK STATE OF TEXAS 1. LEGAL DESCRIPTION SHOWN HEREON. SITE BENCHMARK 1 COUNTY OF BEXAR TOP OF X CUT IN CONCRETE FLUME 2. BEARINGS ARE ORIENTED TO THE TEXAS STATE PLANE BEING S 38 °30'03" W 157.69' FROM THE S.E.C. OF COORDINATE SYSTEM, NAD 83, TEXAS SOUTH CENTRAL ZONE 4204, LOT 1. THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR SURVEY FEET. ELEVATION = 716.99" THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE PUBLIC, \ SITE BENCHMARK 2 EXCEPT AREAS IDENTIFIED AS PRIVATE, FOREVER ALL STREETS, 3. SITE ELEVATION DATUM IS NAVD 88. TOP OF X CUT IN CONCRETE FLUME ALLEYS, PARKS, WATERCOURSES, DRAIN EASEMENTS AND PUBLIC \ lilt BEING S 23 °33'37° E 58.25' FROM S.C. OF LOT 2. PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION i \ \ 4. CONTOUR INTERVAL= 1.0' ' ELEVATION = 717.67 Q �\ THEREIN EXPRESSED. \ .0 THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE �\ \� FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT BY: T' 6. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS ANTONIAA. RAMIREZ PW \ \ A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 16" RMP \PW FL: 714.7 7. THERE ARE TWO BUILDABLE LOTS, LOT 1 & LOT 2. \PW 8, REQUESTING WAIVER TO UDC SEC. 21.15.36 WASTEWATER \ SYSTEMS. \ \ 9. ALL OPEN SPACE, COMM MON AREAS, GREENBELTS, DRAINAGE \ A EASEMENTS OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF OWNER OR OWNERS SUCCESSORS AND /OR %D � FL6714.72 � \ \ \ ASSIGNS PROVIDED, P1511 Gp QFz \�� P p \ \ . \'O 6'l \ \ A v PW If 0 \� C° A T F . C° o �0 \1`04, J' a° lv \ ma y° A v \ c�0 O o + �0 �cP: 0 \ Gcy OOC� �y\92o U\ 013, PW 00 LOT 1 1.542 ACRES �9 ��' 17 BLOCK 1 �� ° Q � 2� \00 )bo � 4.482 ,, E TOTAL ACRES 5titi00, \A 5° �yti�ti6 LOT 2 BARN \ PER p RAINAGE EASEMENT LAT 9641 /14 - >- BLOCK HE CRAIG'S FARM SUBDIVISION \ RECORDED IN VOLUME 9641, PAGE 143 OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS O SHED / 0 BARN yY�> f \ F CALL: MARCH 1, 2018\ AMY DONNELL CRAIG TO THOMAS WILLIAM CRAIG VOLUME 19044, PAGE 1349 MARCH 1, 2018 C t ENT ZONE R -A SINGLE - FAMILY RESIDENTIAL / AGRICULTURAL BARN PW \�A G� F \" 0 PS 5 \0 P G e\\ 61I ��k,,P� p 4b 1 �, GPI Q� g 'd;, Q 9- � BARN i Gp�GR Gp�G 4- �ppc�E i \��/ v 4 X78 0 / PW CALL: 4.768 ACRES ZONE R -A ROBERT L. McMILLAN AND SINGLE- FAMILY RESIDENTIAL /AGRICULTURAL JOHNNIE M. McMILLAN TO to ANTONIAA. RAMIREZ ZONE GB VOLUME 5088, PAGE 1698 GENERAL BUSINESS J ONE -STORY MASONRY BUILDING CALL: 4.673 ACRES LOR R. OROZCO, M.D. TO )NALD C. SPANLEY AND CAROL E. SPANLEY )LUME 4892, PAGE 1211 Q AUGUST 10, 1990 / spy V O �g� 9 �N O \ GENERALNOTES: BENCHMARK STATE OF TEXAS 1. LEGAL DESCRIPTION SHOWN HEREON. SITE BENCHMARK 1 COUNTY OF BEXAR TOP OF X CUT IN CONCRETE FLUME 2. BEARINGS ARE ORIENTED TO THE TEXAS STATE PLANE BEING S 38 °30'03" W 157.69' FROM THE S.E.C. OF COORDINATE SYSTEM, NAD 83, TEXAS SOUTH CENTRAL ZONE 4204, LOT 1. THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR SURVEY FEET. ELEVATION = 716.99" THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE PUBLIC, \ SITE BENCHMARK 2 EXCEPT AREAS IDENTIFIED AS PRIVATE, FOREVER ALL STREETS, 3. SITE ELEVATION DATUM IS NAVD 88. TOP OF X CUT IN CONCRETE FLUME ALLEYS, PARKS, WATERCOURSES, DRAIN EASEMENTS AND PUBLIC \ lilt BEING S 23 °33'37° E 58.25' FROM S.C. OF LOT 2. PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION i \ \ 4. CONTOUR INTERVAL= 1.0' ' ELEVATION = 717.67 Q �\ THEREIN EXPRESSED. \ .0 THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE �\ \� FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT BY: T' 6. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS ANTONIAA. RAMIREZ PW \ \ A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 16" RMP \PW FL: 714.7 7. THERE ARE TWO BUILDABLE LOTS, LOT 1 & LOT 2. \PW 8, REQUESTING WAIVER TO UDC SEC. 21.15.36 WASTEWATER \ SYSTEMS. \ \ 9. ALL OPEN SPACE, COMM MON AREAS, GREENBELTS, DRAINAGE \ A EASEMENTS OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF OWNER OR OWNERS SUCCESSORS AND /OR %D � FL6714.72 � \ \ \ ASSIGNS PROVIDED, P1511 Gp QFz \�� P p \ \ . \'O 6'l \ \ A v PW If 0 \� C° A T F . C° o �0 \1`04, J' a° lv \ ma y° A v \ c�0 O o + �0 �cP: 0 \ Gcy OOC� �y\92o U\ 013, PW 00 LOT 1 1.542 ACRES �9 ��' 17 BLOCK 1 �� ° Q � 2� \00 )bo � 4.482 ,, E TOTAL ACRES 5titi00, \A 5° �yti�ti6 LOT 2 BARN \ PER p RAINAGE EASEMENT LAT 9641 /14 - >- BLOCK HE CRAIG'S FARM SUBDIVISION \ RECORDED IN VOLUME 9641, PAGE 143 OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS O SHED / 0 BARN yY�> f \ F CALL: MARCH 1, 2018\ AMY DONNELL CRAIG TO THOMAS WILLIAM CRAIG VOLUME 19044, PAGE 1349 MARCH 1, 2018 C t ENT ZONE R -A SINGLE - FAMILY RESIDENTIAL / AGRICULTURAL BARN PW \�A G� F \" 0 PS 5 \0 P G e\\ 61I ��k,,P� p 4b 1 �, GPI Q� g 'd;, Q 9- � BARN i Gp�GR Gp�G 4- �ppc�E i \��/ v 4 X78 0 / PW CALL: 4.768 ACRES O> ROBERT L. McMILLAN AND E1 JOHNNIE M. McMILLAN TO to ANTONIAA. RAMIREZ T VOLUME 5088, PAGE 1698 E3 JUNE T 1991 tl 2 off, 'ta 19 % N\ M 0.307 JOINT USE ACCESS EASEMENT / 40 G� oA VAl 4,r / \('„ G��c,�'( OF'� \G �� / Off" PWP 0p\� 'L$y 2 peg J rk• gyp. �P + y C °OG P / � P Q_ LINE BEARING DISTANCE E1 N 59 °53'26" E 103.93' E2 N 30 °08'56" W 75.64' E3 N 59 °51'04" E 111.54' E4 N 30 °08'54" W 109.52' E5 N 59'51'03" E 36.00' E6 S 30 °08'54" E 174.52' E7 S 59 °51'04" W 112.54' E8 IS 30 °08'56" E 15.66' E9 S 59 °52'28" W 40.00' CURVE ARC LENGTH I RADIUS I DELTA ANGLE CHORD BEARING CHORD LENGTH EC1 39.27' 25.00' 89 °59'58" IN 14 °51'05" E 35.36' EC2 31.42' 20.00' 90 °00'00" IS 14 °51'04" W 28.28' P e P r� \ PW <2 `n <� F \yF` STATE OF TEXAS COUNTY FO BEXAR BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED ANTONIAA. RAMIREZ, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGE TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATIONS THERE IN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 2019 - - -- NOTARY PUBLIC COMMISSION EXPIRES: I THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THE SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATION OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. THIS THE DAY OF 2019 CITY ENGINEER THIS PLAT OF THE DG SCHERTZ ADDITION HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF SCHERTZ, TEXAS AND IS HEREBY APPROVED BY SUCH COMMISSION. DATED THIS DAY OF A.D. 2019. as BY: SECRETARY STATE OF TEXAS COUNTY OF BEXAR COUNTY CLERK OF SAID COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FIELD FOR RECORD IN MY OFFICE, ON THE DAY OF A.D. 2019 AT M. AND DULY RECORDED THE DAY OF A.D. 2019 AT _ M. IN THE DEED AND PLAT RECORDS OF BEXAR COUNTY IN BOOK /VOLUME PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICE SEAL OF OFFICE, THIS DAY OF A.D. 2019. COUNTY CLERK, BEXAR COUNTY, TEXAS BY: ------------------------------------- - - - - -' DEPUTY 0 40 80 120 1" = 40 FT. SCHERTZ JOB NO.:T18 -129 RE:T18 -091 SURVEYOR /APPLICANT OWNER DEVELOPER ENGINEER JOHN COWAN & ASSOCIATES INC. ANTONIAA. RAMIREZ OVERLAND GROUP, LLC LINFIELD, HUNTER & JUNIUS, INC 10147 CR 135, 418 PARKVIEW DRIVE 1598 IMPERIAL CTR. SUITE 2009 3608 18TH STREET / SUITE 200 FLINT, TX 75762 UNIVERSAL CITY, TX 78148 WEST PLAINS, MO 65775 METAIRIE, LOUISIANA 70002 903 - 581 -2238 417 - 256 -8150 504 - 833 -5300 "I'i i i�TI�� I•i �T I i •T:, -II Ila SHEET 1 OF 1 TO: Planning and Zoning Commission PREPARED Nick Ko 1 a Planner BY: p Y Y� CASE: PC2018 -042 SUBJECT: PC2018 -042 Consider and act upon a request for approval of a master development plan for the Royal. Manufacturing Subdivision, an approximately 1.84 acre tract of land generally located on the west side of the intersection of Doerr Lane and Bell North Drive, City of Schertz, Comal County, Texas. GENERAL INFORMATION: Owners: Royal Axel Schertz, LLC & Schertz 31.2, LLC Applicant: Titan Development, Emiliano Guerrero, P.E. Project Engineer: Cude Engineers, Cody Morris, P.E. APPLICATION SUBMITTAL DATE: Date: September 26, 2018 October 16, 2018 November 21, 2018 March 7, 2019 . March 28, 2019 . ITEM SUMMARY: Application Submittal Type: Original Application Revised Submittal Revised Submittal Revised Submittal Revised Submittal. According to UDC Sec. 21.12.6.A.2.a, a subdivision master plan is required for any development in which the property is undeveloped, is under one (1) ownership, and is greater than fifty (50) acres in size. The applicant is proposing to incorporate 184 acres of land zoned Manufacturing Light District (M -1) into seven (7) buildable lots in order to create an organized development. GENERAL LOCATION AND SITE DESCRIPTION: The proposed Royal Manufacturing Subdivision master plan is a 184 acre tract of land generally located on the west side of the intersection of Doerr Lane and Bell North Drive. The proposed 14 acre Lot 2, Block 1 is currently developed as a manufacturing lubricant business, whereas the rest of the property is currently undeveloped. ACCESS AND CIRCULATION: The proposed Tejas Way is planned on the Master Thoroughfare Plan as a Commercial Collector Roadway, and 70' of right -of -way is being dedicated to the City of Schertz for the construction of this roadway. The proposed Lot 2, Block 1 will still have access onto the existing Doerr Lane and will also have access onto the proposed Tejas Way. The rest of the master planned subdivision will have access onto the proposed Tejas Way, with a 50' ingress /egress easement providing access to Lot 5, Block 2 to the roadway. TREE MITIGATION AND PRESERVATION: The applicant is responsible for complying with the Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The applicant submitted a tree preservation plan indicating that they will remove one protected class oak tree; however, this tree is within a 20' telecommunications easement, and is therefore exempt from mitigation pursuant to UDC Sec. 21.9.9.B.3.c. PUBLIC SERVICES: The site is serviced by City of Schertz water and wastewater, COMA, CPS, Spectrum, AT &T, and Center Point Energy. 101 111 a In UV I W 11,111TA u I 3-01M All public improvements required for this subdivision are required to be installed prior to recording of the final plat per UDC Sec. 21.4.15, unless otherwise specified in an approved development agreement. The civil construction plans were approved by the Public Works and Engineering Department. Water and Sewer: The site will be serviced through a City water line that will be extended from Doerr Lane into the Tejas Way right -of -way, and then looped along the western edge of the Royal Manufacturing Subdivision to the existing City water line in the Enterprise Industrial Park Subdivision. The site will be serviced by two different City wastewater lines: the first is an existing City wastewater line in the Doerr Lane right -of -way that will serve Lot 2, Block 1 and Lot 1, Block 2, and the second will be extended from the existing wastewater line in Enterprise Industrial Park along the western and southern edges of the Royal Manufacturing Subdivision to serve the rest of the master planned property. Drainage: The applicant is responsible for all drainage associated with the subject property, and for compliance with the Storm Water regulations. A drainage report has been reviewed and approved by the City Engineer. Sidewalks, Hike and Bike Trails: Sidewalks will be constructed along both sides of the street throughout the subdivision. All sidewalks will be designed to meet City of Schertz Specifications. Road Improvements: The proposed Tejas Way will be developed to City of Schertz specifications for a Commercial Collector Roadway, per our Master Thoroughfare Plan. 63 F."I a9I\►/_1 "114 KAL11119 PCO 91►I 1►I I NO )MV411 [110 1a The proposed master plan is consistent with all applicable zoning requirements, ordinances and regulations for the property. It has been reviewed with no objections by the City Engineer, Public Works, Parks, Inspections, and Fire. Therefore, Staff recommends approval of the Royal Manufacturing Subdivision Master Plan. * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is the final approval authority of the proposed Master Plan. In considering final action on a Master Plan, the Commission should consider the criteria within UDC, Section 21.12.6 D. Attachments Aerial. Map Master Plan. Exhibit IIIf� -- f/f III ////// / j ,---- /1l ) \� \ /-% - -- t 111 \ �� -- T - -= / - - -= - .,, -- -s4o:- -__ _�__ 1 1(i 1 1111/ /// / � "/ 1 \ ' � / { ) \ , \ I 1 / �� / i I - _.. ' 1 \ \ \ \ � � � .� � � _`_ ° ° T � = T z - _ ' ° ' ] _ - = c % � / /� �� / 1!/ l / / / �i/ -� `` 7/ y ` LIMITS OF EXISTING -' � \ \ \\ \% � �. -" - - - �r { -- -. jfJ - / / I I) {I I � T J ` � C t. \ i { �� 1 If{ FEMA FL00DPLAIN 1 �\ ( ` \ -, `,, _ �_ E� -E __ - -- - - - � -� .- % - - e j o�E ��! {r I-'` --, / f ( ' / i S \ ,' - '� i / I-- `-- \ \ \ \ `\ %� E� ti ' -.-. 'f __ _._ -, ` 1 ! , - f - ✓ / I/r ! 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ROYAL MANUFACTURING / j/ I n� I { -\ ) / \1 - -1, / � ' - -_ \ ` t ' ~ � SUBD /VIS /ON ) i TO: Planning and Zoning Commission PREPARED Nick Ko 1 a Planner BY: p Y Y� CASE: PC2018 -059 SUBJECT: PC2019 -059 Consider and act upon a request for approval of a replat of Royal Manufacturing Subdivision Lot 1, Block 1, an approximately 14 acre tract of land located at 9998 Doerr Lane, and the adjacent approximately 84 acre tract of unplatted land generally located on the west side of the intersection of Doerr Lane and Bell North Drive, City of Schertz, Comal County, Texas. GENERAL INFORMATION: Owners: Royal Axel Schertz, LLC & Schertz 312, LLC Applicant: Titan Development, Emiliano Guerrero, P.E. Project Engineer: Cude Engineers, Cody Morris, P.E. III W ' 1 I. _ IJ 1 Date: Application Submittal Type: November 29, 2018 Original Application. February 6, 2019 Revised Submittal April 9, 2019 Revised Submittal April 23, 2019 Revised Submittal ITEM SUMMARY: The applicant is proposing to replat Royal Manufacturing Subdivision Lot 1, Block 1, which currently exists as an approximately 14 acre commercial business lot. The replat would establish Lot 2, Block 1, an approximately 14 acre buildable lot; Lot 3, Block 1, an approximately 74 acre buildable lot; Lot 1, Block 2, an approximately 4 acre buildable lot; and the Tejas Way public right -of -way dedication. The entire 98 acre site is zoned Manufacturing Light District (M -1). A final plat for Royal Manufacturing was approved by the Planning and Zoning Commission on February 8, 2005. The purpose of this replat is to develop the unplatted land adjacent to the existing Royal Manufacturing Subdivision Lot 1, Block 1; this replat will also establish the right -of -way dedication for the Master Thoroughfare Plan Commercial Collector, Tejas Way, which will provide access to and allow the development of Lot 3, Block 1, and :Lot 1, Block 2. The existing Royal Manufacturing Subdivision Lot 1, Block 1 is a 14 acre tract of land located at 9998 Doerr Lane, and it is currently developed as a manufacturing lubricant commercial business. The rest of the land included in this replat is currently unplatted land located on the west side of the intersection of Doerr Lane and Bell North Drive. ACCESS AND CIRCULATION: The proposed Tejas Way is planned on the Master Thoroughfare Plan as a Commercial Collector Roadway, and 70' of right -of -way is being dedicated to the City of Schertz for the construction of this roadway. The newly established Lot 2, Block 1 will still have access onto the existing Doerr Lane and will also have access onto the proposed Tejas Way. Lot 3, Block 1 and Lot 1, Block 2 will both have access onto the proposed Tejas Way. TREE MITIGATION AND PRESERVATION: The applicant is responsible for complying with the Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The applicant submitted a tree preservation plan indicating that they will remove one protected class oak tree; however, this tree is within a 20' telecommunications easement, and is therefore exempt from mitigation pursuant to UDC Sec. 21.9.9.B.3.c. PUBLIC SERVICES: The site is serviced by City of Schertz water and wastewater, CCMA, CPS, Spectrum, AT &T, and Center Point Energy. I a 11 113 0 to 10419 0111104 1010111f.� All public improvements required for this subdivision are required to be installed prior to recording of the final plat per UDC, Section 21.4.15., unless otherwise specified in an approved development agreement. The civil construction plans were approved by the Public Works and Engineering Department. Water: The site will be serviced through a City water line that will be extended from Doerr Lane into the Tejas Way right -of -way, and then looped along the western edge of the Royal Manufacturing Subdivision to the existing City water line in the Enterprise Industrial Park Subdivision. Sewer: The site will be serviced by two different City wastewater lines: the first is an existing City wastewater line in the Doerr Lane right -of -way that will serve Lot 2, Block 1 and Lot 1, Block 2, and the second will be extended from the existing wastewater line in Enterprise Industrial Park along the western and southern edges of the Royal Manufacturing Subdivision to serve the rest of the master planned property. Drainage: The applicant is responsible for all drainage associated with the subject property, and for compliance with the Storm Water regulations. A drainage report has been reviewed and approved by the City Engineer. Sidewalks, Hike and Bike Trails: Sidewalks will be constructed along both sides of the street throughout the subdivision. All sidewalks will be designed to meet City of Schertz Specifications. Road Improvements: The proposed Tejas Way will be developed to City of Schertz specifications for a Commercial Collector Roadway, per our Master Thoroughfare Plan. The replat is consistent with applicable requirements, ordinances and regulations for the property. It has been reviewed with no objections by the City Engineer, Public Works, Parks, Inspections, and Fire. Therefore, Staff recommends approval. Planning Department Recommendation �x� Approve as submitted Approve with conditions* -mm-------------------------------------------------------------- Denial mm�mm�mm�mm�mm � �mm�mm�mm �mm�mm�mm� mm�mm� mm� * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. Oro]' 1 The Planning and Zoning Commission is the final approval authority of the proposed replat. In considering final action on a replat, the Commission should consider the criteria within UDC, Section 21.1.2.13.E. Attachments Aerial Map Replat Exhibit 10 LOCATION MAP SITEI +I IIIIII,,,,r,pipl�il III III 'WIIIOU° NOT TO SCALE I LEGEND Ac =ACRES B.S.L. = BUILDING SETBACK LINE CS =CURVE NUMBER � = CENTERLINE C.P.S. = CITY PUBLIC SERVICE D.P.R.B.C. = DEED& PLAT RECORDS OF BEXAR COUNTY, TEXAS E.G.T.CA. ELECTRIC, GAS, TELEPHONE, AND CABLE TELEVISION E.G.T. = ELECTRIC, GAS, AND TELEPHONE E.O.P. =EDGE OF PAVEMENT ESM'T. =EASEMENT FIR = FOUND 1/2" IRON ROD F.M. = FARM TO MARKET ]RFC = IRON ROD FOUND WITH CAP Ll =LINE NUMBER MIN. = MINIMUM HAD = NORTH AMERICAN DATUM N.C.B. NEW CITY BLOCK NO. = NUMBER PG. =PAGE P.S.I. = POUNDS PER SQUARE INCH R.O.W. = RIGHT -OF -WAY SAN.SEW = SANITARY SEWER S.A.W.S. = SAN ANTONIO WATER SYSTEM TXDOT = TEXAS DEPARTMENT OF TRANSPORTATION VAR. = VARIABLE VOL. = VOLUME V.N.A.E. = VEHICULAR NON - ACCESS EASEMENT WID. =WIDTH D.R.C.C.T, = DEED RECORDS COMAL COU NTY TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS COMAL COU NTY TEXAS - - - = STREET CENTERLI NE - -ELEV. - -- = EXISTING GROUND MAJOR CONTOUR S63 °33'22 "W = PROPERTY LINE - = EASEMENT *1 =SET 1/2" IRON ROD WITH "CUDE" CAP *2 = FOUND 1/2" IRON ROD *3 = FOUND 3 /4 "IRON PIPE KEY MAP N.T.S. CIBOLO CREEK MUNICIPAL AUTHORITY: THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITTAL OF BUILDING PERMIT APPLICATION. BY: AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY STATE OF TEXAS COUNTY OF COMAL I HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN THIS PLAT TO THE MATTERS OF STREETS, LOTS, AND DRAINAGE LAYOUT. TO THE BEST OF MY KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF THE UNIFIED DEVELOPMENT CODE, EXCEPT FOR THOSE VARIANCES GRANTED BY THE SAN ANTONIO PLANNING COMMISSION. M.W. CUDE ENGINEERS, L.L.C. COY D. ARMSTRONG, P.E. LICENSED PROFESSIONAL ENGINEER STATE OF TEXAS COUNTY OF COMAL I HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND BY: M.W. CUDE ENGINEERS, L.L.C. M.W. CUDE ENGINEERS, L.L.C. JAMES W. RUSSELL, R.P.L.S. REGISTERED PROFESSIONAL LAND SURVEYOR P :\03227\00112- Drawings103227001 PLAT.dwg 2019/04/22 6:55pm cmorris 1. THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBITARE FOR ILLUSTRATION PURPOSES ONLYAND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT 2. NOTICE: SELLING A PORTION OFTHISADDITION BY METES& BOUNDS ISAVIOLATION OFCITYORDINANCE AND STATE LAW AND IS SUBJECTTO FINESAND WITHHOLDING OF UTILITIESAND PERMITS 3. ALL PRIVATE OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS ETC, ARE THE RESPONSIBILITY OF THE DEVELOPER OR ITS SUCCESSORS AND /OR ASSIGNS PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED BY THE CITY. 4. BEARINGS AND COORDINATES SHOWN HERON ARE BASED ON THE TEXAS STATE PLAN COORDINATE SYSTEM, SOUTH CENTRAL ZONE (4204), NAD83 (93). 5. 1/2" IRON PINS WITH CAP STAMPED "CUDE" SETATALL PROPERTYCORNERS UNLESS OTHERWISE NOTED G. ADJOINER INFORMATION SHOWN HEREON IS FOR INFORMATIONAL PURPOSES ONLY 7. OWNER /DEVELOPER IS RESPONSIBLE FOR PREVENTING ANYADVERSE IMPACT TO THE EXISTING DRAINAGE SYSTEM WITHIN THE HIGHWAY RIGHT -OF -WAY & ANY TRAFFIC CONTROL MEASURES(LEFTTURN LANE, RIGHT TURN LANE, ACCELERATION LANE, SIGNAL, ETC) FOR ANY ACCESS FRONTING A STATE MAINTAINED ROADWAY SHALL BE THE RESPONSIBILITY OF THE DEVELOPER /OWNER. 9. MAINTENANCE OF DEDICATED UTILITY EASEMENTS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. ANY USE, OF AN EASEMENT, OR ANY PORTION OF IT, INCLUDING LANDSCAPING OR DRAINAGE FEATURES, IS SUBJECT TO AND SHALL NOT CONFLICT WITH THE TERMS AND CONDITIONS IN THE EASEMENT, MUST NOT ENDANGER OR INTERFERE WITH THE RIGHTS GRANTED BYTHE EASEMENT TO CITY OF SCHERTZ UTILITIES, ITS SUCCESSORS AND ASSIGNS, AND SHALL BE SUBJECT TO APPLICABLE PERMIT REQUIREMENTS OF THE CITY OF SCHERTZ OR ANY OTHER GOVERNING BODY. THE PROPERTY OWNER MUST OBTAIN, IN ADVANCE, WRITTEN AGREEMENT WITH THE UTILITIES TO UTILIZE THE EASEMENT, OR ANY PART OF IT 10. UTILITIES WILL POSSESS A 5 -FOOT WIDE SERVICE EASEMENT TO THE BUILDING STRUCTURE ALONG THE SERVICE LINE TO THE SERVICE ENTRANCE. THIS EASEMENT WILL VARY DEPENDING UPON LOCATION OF BUILDING STRUCTURE AND SERVICE. 11. UTILITIES SHALL HAVE ACCESS TO THE METER LOCATIONS FROM THE FRONT YARD AND METER LOCATIONS SHALL NOT BE LOCATED WITHIN A FENCED AREA. 12. EACH LOT MUST HAVE ITS OWN WATER AND SEWER SERVICE AT THE OWNER /DEVELOPER'S EXPENSE LCTI,DLOCKI 14.187 ACRES (618,001 SQ. F ,) 246604 ACRES L4DSHAW PARTNERSHIP LTD, ETAL DOU 201606036803 O.P.R.CGT, AS CURRENTLY PLATTED 2189351.70 "-,-1 78.996 ACRES BERNICE S. FRIESENHAHN DOC# 9806000899 0. P. R. C. C. T. L4 f0 LO N a M r-1 13. DO NOT COMBINE ANY NEW UTILITY EASEMENTS (UE) WITH DRAINAGE EASEMENTS (DE) OR MAKE CHANGES IN GRADE WITHIN THE UTILITY EASEMENTS (UE) WITHOUT WRITTEN APPROVAL FROM CITY OF SCHERTZ UTILITIES 14. CITYOFSCHERTZ IS NOT RESPONSIBLE FOR DAMAGESTO PROPERTY IMPROVEMENTS (I.E. LANDSCAPING, TREES, PAVEMENT, SIGNS, DRAINAGE STRUCTURES, PRIVATE UTILITIES, ETC.) THATARE PLACED IN ANY TYPE OF UTILITY EASEMENT. TO ENSURE NO CONFLICTS EXIST WITH UTILITY INFRASTRUCTURE IN THE EASEMENT, ALL SUCH IMPROVEMENTS PLACED IN ANYTYPE OF UTILITY EASEMENT MUST BE REVIEWED AND APPROVED THROUGH THE SCHERTZ EASEMENT ENCROACHMENT PROCESS. SCHERTZ DEVELOPMENT SERVICES FACILITATES THE EASEMENT ENCROACHMENT APPLICATION PROCESS 15. THE EASEMENT CONVEYED HEREIN WAS OBTAINED OR IMPROVED THROUGH FEDERAL FINANCIAL ASSISTANCE. THIS EASEMENT IS SUBJECT TO THE PROVISION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AND THE REGULATIONS ISSUED PURSUANT THERETO FOR SO LONG AS THE EASEMENT CONTINUES TO BE USED FOR THE SAME OR SIMILAR PURPOSE FOR WHICH FINANCIAL ASSISTANCE WAS EXTENDED OR FOR SO LONG AS THE GRANTEE OWNS IT, WHICHEVER IS LONGER. 16. THE TOTAL NUMBER OF BUILDABLE LOTS IS 1 17, ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48091C0485F, DATED 9/02/2009, IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. CD O 0 N600 06' 45 "E 653.09' ° L3 C5 r- L2 1 ], 1 1 10: LB 99.6 ACRES \ BERNICE S. FRIESENHAHN \ DOC# 9806000899 0. P. R. C. C. T. 1 14' E.G.T.CA. EASEM MISSOURI PACIFIC RAILROAD (100' R.O.W.) N600 05' 13 "E 494.85' NE LOT 3 BLOCK 1 74.017 ACRES 1 CPS /SAWS /COSA UTILITY: (16526 - 22 -26.) 1. THE CITY OF SAN ANTONIO AS PART OF ITS ELECTRIC, GAS, WATER, AND WASTEWATER SYSTEMS - CITY PUBLIC SERVICE BOARD (CPS ENERGY) AND SAN ANTONIO WATER SYSTEM (SAWS) - IS HEREBY DEDICATED EASEMENTS AND RIGHTS -OF -WAY FOR UTILITY, TRANSMISSION AND DISTRIBUTION INFRASTRUCTURE AND SERVICE FACILITIES IN THEAREAS DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT," "ANCHOR EASEMENT," "SERVICE EASEMENT," "OVERHANG EASEMENT," "UTILITY EASEMENT," "GAS EASEMENT," "TRANSFORMER EASEMENT," "WATER EASEMENT," "SANITARY SEWER EASEMENT" AND /OR "RECYCLED WATER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, AND ERECTING UTILITY INFRASTRUCTURE AND SERVICE FACILITIES FOR THE REASONS DESCRIBED ABOVE. CPS ENERGY AND SAWS SHALL ALSO HAVE THE RIGHT TO RELOCATE SAID INFRASTRUCTURE AND SERVICE FACILITIES WITHIN EASEMENT AND RIGHT -OF -WAY AREAS, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LANDS FOR THE PURPOSE OF ACCESSING SUCH INFRASTRUCTURE AND SERVICE FACILITIES AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF WATER, SEWER, GAS, AND /OR ELECTRIC INFRASTRUCTURE AND SERVICE FACILITIES. NO BUILDINGS, STRUCTURES, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN EASEMENT AREAS WITHOUT AN ENCROACHMENT AGREEMENT WITH THE RESPECTIVE UTILITY. 2. ANY CPS ENERGY OR SAWS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS ENERGY OR SAWS INFRASTRUCTURE AND SERVICE FACILITIES, LOCATED WITHIN SAID EASEMENTS, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATIONS. 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE TV EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED HEREON, 4. CONCRETE DRIVEWAY APPROACHES ARE ALLOWED WITHIN THE FIVE (5) AND TEN (10) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY UNDERGROUND ELECTRIC AND GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN THE FIVE (5) AND TEN (10) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC AND GAS FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) AND TEN (10) FOOT WIDE EASEMENTS. 55'11"E 179-.77' %1C4 , -N59-43'28"E 1741.66'- �- _ _ TEJAS WAY _ _ 1 (COMMERCIAL COLLECTER) (70' R.O.W. DEDICATION) (5.902 AC) - - - -o =Cg \ -S590 43' 28 "W 1741.63- L7 15' PIPELINE EASEMENT VOL. 55, PG. 509 D. R.C.C. T. DOC# 201306020200 O.P. R.C.C. T. 30' PIPELINE EASEMENT DOC# 201606013116 VARIABLE WIDTH DRAINAGE, WATER 0. P. R. C. C. T. & WASTEWATER EASEMENT ARC LENGTH DOC# 0. P. R.C.C. T. 83.526 ACRES 100' ELECTRIC EASEMENT BERNICE S. FRIESENHAHN \ VOL. 183, PG. 464 DOC# 9806000899 D. R. C. C. T. 0. P. R.C.C. T. \ MATCHLINE - SHEET l OF 3 MIN 028 °50'15" MATCHLINE - SHEET 3 OF 3 CURVE TABLE CURVE 4 DELTA ARC LENGTH RADIUS CHORD BEARING CHORD DIST. Cl 014 °30'24" 113.94 450.00 N52 °14'34 "E 113.63' C2 028 °50'15" 218.94 435.00 N30 °45'25 "E 216.64' C3 043 °23'10" 276.39 365.00 N38 °01'53 "E 269.83' C4 007`38'09" 48.24 362.00 N63`30'58 "E 48.21' CS 1 007 °30'21" 56.94 434.69 N63 °33'22 "E 56.90' C6 006 °04'33" 602.29 5679.58 N63 °05'06 "E 602.01' C7 043 °57'49" 280.07 365.00 N38 °19'18 "E 273.25' C8 043 °23'10" 329.40 435.00 S38 °01'53 "W 321.58' C9 007 °38'09" 57.57 432.00 563'30'58 "W 57.53' C10 007 °30'21" 47.77 364.69 S63 °33'22 "W 4274' C6 W 0 0 M M LL U- 010 � cV \ \ N N w w _ _ U U Q Q LINE TABLE LINE# LENGTH BEARING Ll 1.49 N30 °30'25 "W L2 95.23 N67 °18'28 "E L3 5.30 N59 °48'30 "E L4 1377.53 N30 °26'09 "W LS 175.82 53W LlL7 97505.0..201 0 S67 8 S59 9 0 N30 STATE OF TEXAS COUNTY OF COMAL THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE USE OF THE PUBLIC, EXCEPT AREAS IDENTIFIED AS PRIVATE OR PART OF AN ENCLAVE OR PLANNED UNIT DEVELOPMENT, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, DRAINS, EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. SCHERTZ 312, LLC 9601 McALLISTER FREEWAY, SUITE 1120 SAN ANTONIO, TX. 78216 TEL: (210) 338-5220 OWNER ROYAL AXEL SCHERTZ, LLC 1440 ERIE STREET NORTH KANSAS CITY, MO. 64116 TEL: (210) 651 -7322 OWNER STATE OF TEXAS COUNTY OF COMAL BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF A.D. NOTARY PUBLIC COMAL COUNTY, TEXAS THIS PLAT OF ROYAL MANUFACTURING SUBDIVISION HAS BEEN SUBMITTED AND CONSIDERED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF SCHERTZ, AND HERBY APPROVED BY SUCH COMMISSION DATED THIS DAYOF A.D. BY CHAIRMAN BY SECRETARY CERTIFICATE BY THE ENGINEER I, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED CITY ENGINEER STATE OF TEXAS COUNTY OF COMAL I, COUNTY CLERK OF SAID COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE ON THE DAY OF A.D. AT M. AND DULY RECORDED THE DAY OF A.D. AT M. IN THE DEED AND PLAT RECORDS OF SAID COUNTY, IN BOOK / VOLUME ON PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF A.D. COUNTY CLERK, COMAL COUNTY, TEXAS BY: DEPUTY REPLAT ESTABLISHING ROYAL MANUFACTURING SUBDIVISION 97.991 ACRES OF LAND LOCATED IN THE GEORGE M. DOLSON SURVEY NO. 96, ABSTRACT NO. 120 AND THE VINCENTE MICHELI SURVEY NO. 114, ABSTRACT NO. 383, CITY OF SCHERTZ, COMAL COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 17.717 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024952, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS; A PORTION OF THAT CERTAIN 30.204 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024954, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS; A PORTION OF THAT CERTAIN 37.449 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024969, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS; A PORTION OF THAT CERTAIN 83.514 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024955, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS AND A PORTION OF LOT 1, BLOCK 1, ROYAL MANUFACTURING SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 15, PAGE 224, PLAT RECORDS OF COMAL COUNTY, TEXAS AND CONVEYED TO ROYAL AXEL SCHERTZ, LLC, AS DESCRIBED IN DOCUMENT NO. 201806011741, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS. fig'(. 1880 CUDE `c'rsl NEEQ`S M.W. CUDE ENGINEERS, L.L.C. 4122 POND HILL RD. • S -101 SCALE: 1"=200' SAN ANTONIO, TEXAS 78231 7:210.681.2951 • F:210.523.7112 WWW.CUDEENGINEERS.COM 0 200 400 TBPE FIRM #455 TBPLS No. 10048500 APRIL 2019 SHEET 1 OF 3 PRJ. NO.: 03227.001 21 LOCATION MAP SITEI +I IIIIII,,,,r,pipllil III III 'WIIIOU° NOT TO SCALE LEGEND Ac =ACRES B.S.L. = BUILDING SETBACK LINE Cl =CURVE NUMBER � = CENTERLINE C.P.S. = CITY PUBLIC SERVICE D.P.R.B.C. = DEED& PLAT RECORDS OF BEXAR COUNTY, TEXAS E.G.T.CA. ELECTRIC, GAS, TELEPHONE, AND CABLE TELEVISION E.G.T. = ELECTRIC, GAS, AND TELEPHONE E.O.P. =EDGE OF PAVEMENT ESM'T. =EASEMENT FIR = FOUND 1/2" IRON ROD F.M. = FARM TO MARKET ]RFC = IRON ROD FOUND WITH CAP Ll =LINE NUMBER MIN. = MINIMUM HAD = NORTH AMERICAN DATUM N.C.B. NEW CITY BLOCK NO. = NUMBER PG. =PAGE P.S.I. = POUNDS PER SQUARE INCH R.O.W. = RIGHT -OF -WAY SAN.SEW = SANITARY SEWER S.A.W.S. = SAN ANTONIO WATER SYSTEM TXDOT = TEXAS DEPARTMENT OF TRANSPORTATION VAR. = VARIABLE VOL. = VOLUME V.N.A.E. = VEHICULAR NON - ACCESS EASEMENT WID. =WIDTH D.R.C.C.T, = DEED RECORDS COMAL COU NTY TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS COMAL COU NTY TEXAS - - - = STREET CENTERLI NE - -ELEV. - -- = EXISTING GROUND MAJOR CONTOUR S63 °33'22 "W = PROPERTY LINE = EASEMENT *1 =SET 1/2° IRON ROD WITH "CUDE" CAP *2 = FOUND 1/2" IRON ROD *3 = FOUND 3 /4 "IRON PIPE KEY MAP N.T.S. CIBOLO CREEK MUNICIPAL AUTHORITY: THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITTAL OF BUILDING PERMIT APPLICATION. BY: AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY STATE OF TEXAS COUNTY OF COMAL I HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN THIS PLAT TO THE MATTERS OF STREETS, LOTS, AND DRAINAGE LAYOUT. TO THE BEST OF MY KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF THE UNIFIED DEVELOPMENT CODE, EXCEPT FOR THOSE VARIANCES GRANTED BY THE SAN ANTONIO PLANNING COMMISSION. M.W. CUDE ENGINEERS, L.L.C. COY D. ARMSTRONG, P.E. LICENSED PROFESSIONAL ENGINEER STATE OF TEXAS COUNTY OF COMAL I HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND BY: M.W. CUDE ENGINEERS, L.L.C. M.W. CUDE ENGINEERS, L.L.C. JAMES W. RUSSELL, R.P.L.S. REGISTERED PROFESSIONAL LAND SURVEYOR P: \03227\00112- Drawings103227001 PLAT.dwg 2019/04/24 8:20am cmorris 1. THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBITARE FOR ILLUSTRATION PURPOSES ONLYAND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT 2. NOTICE: SELLINGA PORTION OFTHISADDITION BY METES& BOUNDS ISAVIOLATION OF CITYORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND PERMITS 3. ALL PRIVATE OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS ETC, ARE THE RESPONSIBILITY OF THE DEVELOPER OR ITS SUCCESSORS AND /OR ASSIGNS PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED BY THE CITY. 4. BEARINGS AND COORDINATES SHOWN HERON ARE BASED ON THE TEXAS STATE PLAN COORDINATE SYSTEM, SOUTH CENTRAL ZONE (4204), NAD83 (93). 5. 1/2" IRON PINS WITH CAP STAMPED "CUDE" SET AT ALL PROPERTY CORNERS UNLESS OTHERWISE NOTED 6. ADJOINER INFORMATION SHOWN HEREON IS FOR INFORMATIONAL PURPOSES ONLY 7. OWNER /DEVELOPER IS RESPONSIBLE FOR PREVENTING ANYADVERSE IMPACT TO THE EXISTING DRAINAGE SYSTEM WITHIN THE HIGHWAY RIGHT -OF -WAY 8. ANY TRAFFIC CONTROL MEASURES(LEFT TURN LANE, RIGHT TURN LANE, ACCELERATION LANE, SIGNAL, ETC) FOR ANY ACCESS FRONTING A STATE MAINTAINED ROADWAY SHALL BE THE RESPONSIBILITY OF THE DEVELOPER /OWNER. 9. MAINTENANCE OF DEDICATED UTILITY EASEMENTS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. ANY USE, OF AN EASEMENT, OR ANY PORTION OF IT, INCLUDING LANDSCAPING OR DRAINAGE FEATURES, IS SUBJECT TO AND SHALL NOT CONFLICT WITH THE TERMS AND CONDITIONS IN THE EASEMENT, MUST NOT ENDANGER OR INTERFERE WITH THE RIGHTS GRANTED BYTHE EASEMENT TO CITY OF SCHERTZ UTILITIES, ITS SUCCESSORS AND ASSIGNS, AND SHALL BE SUBJECT TO APPLICABLE PERMIT REQUIREMENTS OF THE CITY OF SCHERTZ OR ANY OTHER GOVERNING BODY. THE PROPERTY OWNER MUST OBTAIN, IN ADVANCE, WRITTEN AGREEMENT WITH THE UTILITIES TO UTILIZE THE EASEMENT, OR ANY PART OF IT 10. UTILITIES WILL POSSESS A 5 -FOOT WIDE SERVICE EASEMENT TO THE BUILDING STRUCTURE ALONG THE SERVICE LINE TO THE SERVICE ENTRANCE. THIS EASEMENT WILL VARY DEPENDING UPON LOCATION OF BUILDING STRUCTURE AND SERVICE. 11. UTILITIES SHALL HAVE ACCESS TO THE METER LOCATIONS FROM THE FRONT YARD AND METER LOCATIONS SHALL NOT BE LOCATED WITHIN A FENCED AREA. 12. EACH LOT MUST HAVE ITS OWN WATER AND SEWER SERVICE AT THE OWNER /DEVELOPER'S EXPENSE I 13. DO NOT COMBINE ANY NEW UTILITY EASEMENTS HUE) WITH DRAINAGE EASEMENTS (DE) OR MAKE CHANGES IN GRADE WITHIN THE UTILITY EASEMENTS (UE) WITHOUT WRITTEN APPROVAL FROM CITY OF SCHERTZ UTILITIES 14. CITY OF SCHERTZ IS NOT RESPONSIBLE FOR DAMAGES TO PROPERTY IMPROVEMENTS (I.E. LANDSCAPING, TREES, PAVEMENT, SIGNS, DRAINAGE STRUCTURES, PRIVATE UTILITIES, ETC.) THAT ARE PLACED IN ANY TYPE OF UTILITY EASEMENT. TO ENSURE NO CONFLICTS EXIST WITH UTILITY INFRASTRUCTURE IN THE EASEMENT, ALL SUCH IMPROVEMENTS PLACED IN ANY TYPE OF UTILITY EASEMENT MUST BE REVIEWED AND APPROVED THROUGH THE SCHERTZ EASEMENT ENCROACHMENT PROCESS. SCHERTZ DEVELOPMENT SERVICES FACILITATES THE EASEMENT ENCROACHMENT APPLICATION PROCESS 15. THE EASEMENT CONVEYED HEREIN WAS OBTAINED OR IMPROVED THROUGH FEDERAL FINANCIAL ASSISTANCE. THIS EASEMENT IS SUBJECT TO THE PROVISION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AND THE REGULATIONS ISSUED PURSUANT THERETO FOR SO LONG AS THE EASEMENT CONTINUES TO BE USED FOR THE SAME OR SIMILAR PURPOSE FOR WHICH FINANCIAL ASSISTANCE WAS EXTENDED OR FOR SO LONG AS THE GRANTEE OWNS IT, WHICHEVER IS LONGER. 16. THE TOTAL NUMBER OF BUILDABLE LOTS IS 3. 17. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48091C0485F, DATED 9/02/2009, IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. MISSOURI PACIFIC RAILROAD ° 15 54 (100'R O.w.) N67 "E 472.65' N67° 33' 52" N 13774981.64 E 17 •50,_ - -'E 2191636.15 1 1 LOT 3 BLOCK 1 74.017 ACRES 1 ry y(0 00�ti OT � 1 � ti(0 i g S590 48' 10 "W 736.01' CPS /SAWS /COSA UTILITY: (16526 - 22 -26.) 1. THE CITY OF SAN ANTONIO AS PART OF ITS ELECTRIC, GAS, WATER, AND WASTEWATER SYSTEMS - CITY PUBLIC SERVICE BOARD (CPS ENERGY) AND SAN ANTONIO WATER SYSTEM (SAWS) - IS HEREBY DEDICATED EASEMENTS AND RIGHTS -OF -WAY FOR UTILITY, TRANSMISSION AND DISTRIBUTION INFRASTRUCTURE AND SERVICE FACILITIES IN THEAREAS DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT," "ANCHOR EASEMENT," "SERVICE EASEMENT," "OVERHANG EASEMENT," "UTILITY EASEMENT," "GAS EASEMENT," "TRANSFORMER EASEMENT," "WATER EASEMENT," "SANITARY SEWER EASEMENT" AND /OR "RECYCLED WATER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, AND ERECTING UTILITY INFRASTRUCTURE AND SERVICE FACILITIES FOR THE REASONS DESCRIBED ABOVE. CPS ENERGY AND SAWS SHALL ALSO HAVE THE RIGHT TO RELOCATE SAID INFRASTRUCTURE AND SERVICE FACILITIES WITHIN EASEMENT AND RIGHT -OF -WAY AREAS, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LANDS FOR THE PURPOSE OF ACCESSING SUCH INFRASTRUCTURE AND SERVICE FACILITIES AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF WATER, SEWER, GAS, AND /OR ELECTRIC INFRASTRUCTURE AND SERVICE FACILITIES. NO BUILDINGS, STRUCTURES, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN EASEMENT AREAS WITHOUT AN ENCROACHMENT AGREEMENT WITH THE RESPECTIVE UTILITY. 2. ANY CPS ENERGY OR SAWS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS ENERGY OR SAWS INFRASTRUCTURE AND SERVICE FACILITIES, LOCATED WITHIN SAID EASEMENTS, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATIONS. 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE TV EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED HEREON, 4. CONCRETE DRIVEWAY APPROACHES ARE ALLOWED WITHIN THE FIVE (5) AND TEN (10) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY UNDERGROUND ELECTRIC AND GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN THE FIVE (5) AND TEN (10) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC AND GAS FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) AND TEN (10) FOOT WIDE EASEMENTS. INSET "A" N.T.S. ---------- - - - --r LOT 3 LOT 2, BLOCK 1 ' ELK C1 ' L1 VARIABLE WIDT DRAINAGE EASEMENT C7 LOT --'� ' LOT 1, BLOCK 2 ' O N67° 33' 52 "E 832 911 O CURVE TABLE VARIABLE WIDT all ARC LENGTH RADIUS r ELECTRIC EASEMENT CHORD DIST. Cl Lf ) 113.94 m N52 °14'34 "E °° NTg °S 19� 3 34 E N56° 53' 51" E to 00 435.00 _��/ N30° 26' 37 "W 20 NT \8 9 222.98' 28' C3 N 21.33' 52'34,,,, _.__ "W w ° LOT 2 20sS3 S56° 53' 51 48.24 o BLOCK 1 207.23 I o o' N I 14.172 ACRES 434.69 rH 56.90' 28' ELECTRIC EASEMENT 006 °04'33" M In 5679.58 DOC# 200906004089 602.01' C7 043'57'49" 280.07 365.00 N38 °19'18 "E 273.25' 14' E.G.T.CA. 043'23'10" 329.40 SEE INSET "A" EASEMENT 321.58' CURVE TABLE CURVE# DELTA ARC LENGTH RADIUS CHORD BEARING CHORD DIST. Cl 014'30'24" 113.94 450.00 N52 °14'34 "E 113.63' C2 028 °50'15" 218.94 435.00 N30 °45'25 "E 216.64' C3 043'23'10" 276.39 365.00 N38 °01'53 "E 269.83' C4 007`38'09" 48.24 362.00 N63`30'58 "E 48.21' CS 1 007 °30'21" 56.94 434.69 N63 °33'22 "E 56.90' C6 006 °04'33" 602.29 5679.58 N63 °0506 "E 602.01' C7 043'57'49" 280.07 365.00 N38 °19'18 "E 273.25' C8 043'23'10" 329.40 435.00 S38 °01'53 "W 321.58' C9 007'38'09" 57.57 432.00 S63 °30'58 "W 57.53' C10 007 °30'21" 47.77 364.69 S63 °33'22 "W 47.74' -------- - - - - -- I ' Ll -� ri _N590 29' 35 "E 719.68'.-- 1 1, l ._-----z 15' PIPELINE EASEMENT VOL. 55, PG. 509 D.R.C.C.T. DOC# 201306020200 0. P. R.C. C. T. REMAINING PORTION OF 30.197 ACRES SUSAN HAYES LUCKETT DOC #201306051208 O. P. R. C. C. T. 30' PIPELINE EASEMENT DOC# 201606013116 O. P. R. C. C. T. REMAINING PORTION OF 17.740 ACRES ARNOLD A MOOS AND AGELINEA MOOS VOL. 780, PG. 306 0. P. R. C. C. T. w LO N O M CD M V) EJAS WAY (COMMERCIAL COLLECTER) (R.O.W. DEDICATION) (5.902 AC) S610 20'01"W 721.13' Ln S67 °28'45rrW 28.731'"7"'..1 SOT 1 BLOCK 2 3.902 ACRES 28' ELECTRIC EASEMENT DOC# 200906004089 0. P. R. C. C. T. 24.6604 ACRES LADSHAIN PARTNERSHIP LTD, ET AL DOC# 201606036803 O. P. R. C. C. T. VARIABLE WIDTH DRAINAGE EASEMENT PAI 0 A Z m 0 0 n O' 'S m n a r- n O r- F_ n O A LINE TABLE LINE ft LENGTH BEARING Ll 1.49 N30'30'25 "W L2 95.23 N67 °18'28 "E L3 5.30 N59 °48'30 "E L4 1377.53 N30'26'09 "W L5 175.82 531 °09'12 "E L7 95.20 567 °18'28 "W L8 5.01 559'48'30 "W L9 70.00 N30'26'09 "W STATE OF TEXAS COUNTY OF COMAL THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULYAUTHORIZED AGENT, DEDICATES TO THE USE OF THE PUBLIC, EXCEPT AREAS IDENTIFIED AS PRIVATE OR PART OF AN ENCLAVE OR PLANNED UNIT DEVELOPMENT, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, DRAINS, EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. SCHERTZ 312, LLC 9601 McALLISTER FREEWAY, SUITE 1120 SAN ANTONIO, TX. 78216 TEL: (210) 338-5220 OWNER ROYAL AXEL SCHERTZ, LLC 1440 ERIE STREET NORTH KANSAS CITY, MO. 64116 TEL: (210) 651 -7322 OWNER STATE OF TEXAS COUNTY OF COMAL BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF A.D. NOTARY PUBLIC COMAL COUNTY, TEXAS THIS PLAT OF ROYAL MANUFACTURING SUBDIVISION HAS BEEN SUBMITTED AND CONSIDERED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF SCHERTZ, AND HERBY APPROVED BY SUCH COMMISSION DATED THIS DAYOF A.D. BY CHAIRMAN BY SECRETARY CERTIFICATE BY THE ENGINEER I, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED CITY ENGINEER STATE OF TEXAS COUNTY OF COMAL I, COUNTY CLERK OF SAID COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE ON THE DAY OF A.D. AT M. AND DULY RECORDED THE DAY OF A.D. AT M. IN THE DEED AND PLAT RECORDS OF SAID COUNTY, IN BOOK / VOLUME ON PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF A.D. COUNTY CLERK, COMAL COUNTY, TEXAS BY: DEPUTY REPLAT ESTABLISHING ROYAL MANUFACTURING SUBDIVISION 97.991 ACRES OF LAND LOCATED IN THE GEORGE M. DOLSON SURVEY NO. 96, ABSTRACT NO. 120 AND THE VINCENTE MICHELI SURVEY NO. 114, ABSTRACT NO. 383, CITY OF SCHERTZ, COMAL COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 17.717 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024952, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS; A PORTION OF THAT CERTAIN 30.204 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024954, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS; A PORTION OF THAT CERTAIN 37.449 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024969, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS; A PORTION OF THAT CERTAIN 83.514 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024955, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS AND A PORTION OF LOT 1, BLOCK 1, ROYAL MANUFACTURING SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 15, PAGE 224, PLAT RECORDS OF COMAL COUNTY, TEXAS AND CONVEYED TO ROYAL AXEL SCHERTZ, LLC, AS DESCRIBED IN DOCUMENT NO. 201806011741, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS. fig'(. 1880 CUDE `c'rsl NEEQ`S M.W. CUDE ENGINEERS, L.L.C. 4122 POND HILL RD. • S -101 SCALE: 1" =200' SAN ANTONIO, TEXAS 78231 7:210.681.2951 • F:210.523.7112 WWW.CUDEENGINEERS.COM 0 200 400 TBPE FIRM #455 TBPLS No. 10048500 APRIL 2019 SHEET 2 OF 3 PRJ. NO.: 03227.001 21 LOCATION MAP SITEI II�III)III �i�ll ���II Dpl 'WIIIOU° NOT TO SCALE LEGEND Ac =ACRES B.S.L. = BUILDING SETBACK LINE Cl =CURVE NUMBER � = CENTERLINE C.P.S. = CITY PUBLIC SERVICE D.P.R.B.C. = DEED& PLAT RECORDS OF BEXAR COUNTY, TEXAS E.G.T.CA. ELECTRIC, GAS, TELEPHONE, AND CABLE TELEVISION E.G.T. = ELECTRIC, GAS, AND TELEPHONE E.O.P. =EDGE OF PAVEMENT ESM'T. =EASEMENT FIR = FOUND 1/2" IRON ROD F.M. = FARM TO MARKET ]RFC = IRON ROD FOUND WITH CAP Ll =LINE NUMBER MIN. = MINIMUM HAD = NORTH AMERICAN DATUM N.C.B. NEW CITY BLOCK NO. = NUMBER PG. =PAGE P.S.I. = POUNDS PER SQUARE INCH R.O.W. = RIGHT -OF -WAY SAN.SEW = SANITARY SEWER S.A.W.S. = SAN ANTONIO WATER SYSTEM TXDOT = TEXAS DEPARTMENT OF TRANSPORTATION VAR. = VARIABLE VOL. = VOLUME V.N.A.E. = VEHICULAR NON - ACCESS EASEMENT WID. =WIDTH D.R.C.C.T, = DEED RECORDS COMAL COU NTY TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS COMAL COU NTY TEXAS - - - = STREET CENTERLI NE - -ELEV. - -- = EXISTING GROUND MAJOR CONTOUR S63'33'22 "W = PROPERTY LINE = EASEMENT *1 =SET 1/2" IRON ROD WITH "CUDE" CAP *2 = FOUND 1/2" IRON ROD *3 = FOUND 3 /4 "IRON PIPE 1, THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXH I BIT ARE FOR ILLUSTRATION PURPOSES ONLY AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT 2. NOTICE: SELLING A PORTION OF THIS ADDITION BY METES & BOUNDS IS AVIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND PERMITS 3. ALL PRIVATE OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS ETC, ARE THE RESPONSIBILITY OF THE DEVELOPER OR ITS SUCCESSORS AND /OR ASSIGNS PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED BY THE CITY. 4. BEARINGS AND COORDINATES SHOWN HERON ARE BASED ON THE TEXAS STATE PLAN COORDINATE SYSTEM, SOUTH CENTRAL ZONE (4204), NAD83 (93). 5. 1/2" IRON PINS WITH CAP STAMPED "CODE" SET ATALL PROPERTY CORNERS UNLESS OTHERWISE NOTED 6. ADJOINER INFORMATION SHOWN HEREON IS FOR INFORMATIONAL PURPOSES ONLY 7. OWNER /DEVELOPER IS RESPONSIBLE FOR PREVENTING ANYADVERSE IMPACT TO THE EXISTING DRAINAGE SYSTEM WITHIN THE HIGHWAY RIGHT -OF -WAY 8. ANYTRAFFIC CONTROL MEASURES(LEFT TURN LANE, RIGHT TURN LANE, ACCELERATION LANE, SIGNAL, ETC) FOR ANY ACCESS FRONTING A STATE MAINTAINED ROADWAY SHALL BE THE RESPONSIBILITY OF THE DEVELOPER /OWNER, 9. MAINTENANCE OF DEDICATED UTILITY EASEMENTS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. ANY USE, OF AN EASEMENT, OR ANY PORTION OF IT, INCLUDING LANDSCAPING OR DRAINAGE FEATURES, IS SUBJECT TO AND SHALL NOT CONFLICT WITH THE TERMS AND CONDITIONS IN THE EASEMENT, MUST NOT ENDANGER OR INTERFERE WITH THE RIGHTS GRANTED BY THE EASEMENT TO CITY OF SCHERTZ UTILITIES, ITS SUCCESSORS AND ASSIGNS, AND SHALL BE SUBJECT TO APPLICABLE PERMIT REQUIREMENTS OF THE CITY OF SCHERTZ OR ANY OTHER GOVERNING BODY. THE PROPERTY OWNER MUST OBTAIN, IN ADVANCE, WRITTEN AGREEMENT WITH THE UTILITIES TO UTILIZE THE EASEMENT, OR ANY PART OF IT 10. UTILITIES WILL POSSESS A 5-FOOT WIDE SERVICE EASEMENT TO THE BUILDING STRUCTURE ALONG THE SERVICE LINE TO THE SERVICE ENTRANCE, THIS EASEMENT WILL VARY DEPENDING UPON LOCATION OF BUILDING STRUCTURE AND SERVICE. 11. UTILITIES SHALL HAVE ACCESS TO THE METER LOCATIONS FROM THE FRONTYARD AND METER LOCATIONS SHALL NOT BE LOCATED WITHIN A FENCED AREA. 12. EACH LOT MUST HAVE ITS OWN WATER AND SEWER SERVICE AT THE OWNER /DEVELOPER'S EXPENSE 13, DO NOT COMBINE ANY NEW UTILITY EASEMENTS (UE) WITH DRAINAGE EASEMENTS (DE) OR MAKE CHANGES IN GRADE WITHIN THE UTILITY EASEMENTS (UE) WITHOUT WRITTEN APPROVAL FROM CITY OF SCHERTZ UTILITIES. 14. CITY OF SCHERTZ IS NOT RESPONSIBLE FOR DAMAGES TO PROPERTY IMPROVEMENTS (I.E. LANDSCAPING, TREES, PAVEMENT, SIGNS, DRAINAGE STRUCTURES, PRIVATE UTILITIES, ETC.) THAT ARE PLACED IN ANY TYPE OF UTILITY EASEMENT. TO ENSURE NO CONFLICTS EXIST WITH UTILITY INFRASTRUCTURE IN THE EASEMENT, ALL SUCH IMPROVEMENTS PLACED IN ANY TYPE OF UTILITY EASEMENT MUST BE REVIEWED AND APPROVED THROUGH THE SCHERTZ EASEMENT ENCROACHMENT PROCESS. SCHERTZ DEVELOPMENT SERVICES FACILITATES THE EASEMENT ENCROACHMENT APPLICATION PROCESS 15. THE EASEMENT CONVEYED HEREIN WAS OBTAINED OR IMPROVED THROUGH FEDERAL FINANCIAL ASSISTANCE. THIS EASEMENT IS SUBJECT TO THE PROVISION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AND THE REGULATIONS ISSUED PURSUANT THERETO FOR SO LONG AS THE EASEMENT CONTINUES TO BE USED FOR THE SAME OR SIMILAR PURPOSE FOR WHICH FINANCIAL ASSISTANCE WAS EXTENDED OR FOR SO LONG AS THE GRANTEE OWNS IT, WHICHEVER IS LONGER. 16. THE TOTAL NUMBER OF BUILDABLE LOTS IS 3. 17, ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48091C0485F, DATED 9/02/2009, IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. CPS /SAWS /COSA UTILITY: (16526 - 22 -26.) 1. THE CITY OF SAN ANTONIO AS PART OF ITS ELECTRIC, GAS, WATER, AND WASTEWATER SYSTEMS - CITY PUBLIC SERVICE BOARD (CPS ENERGY) AND SAN ANTONIO WATER SYSTEM (SAWS) - IS HEREBY DEDICATED EASEMENTS AND RIGHTS -OF -WAY FOR UTILITY, TRANSMISSION AND DISTRIBUTION INFRASTRUCTURE AND SERVICE FACILITIES IN THEAREAS DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT," "ANCHOR EASEMENT," "SERVICE EASEMENT," "OVERHANG EASEMENT," "UTILITY EASEMENT," "GAS EASEMENT," "TRANSFORMER EASEMENT," "WATER EASEMENT," "SANITARY SEWER EASEMENT" AND /OR "RECYCLED WATER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, AND ERECTING UTILITY INFRASTRUCTURE AND SERVICE FACILITIES FOR THE REASONS DESCRIBED ABOVE. CPS ENERGY AND SAWS SHALL ALSO HAVE THE RIGHT TO RELOCATE SAID INFRASTRUCTURE AND SERVICE FACILITIES WITHIN EASEMENT AND RIGHT -OF -WAY AREAS, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LANDS FOR THE PURPOSE OF ACCESSING SUCH INFRASTRUCTURE AND SERVICE FACILITIES AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF WATER, SEWER, GAS, AND /OR ELECTRIC INFRASTRUCTURE AND SERVICE FACILITIES. NO BUILDINGS, STRUCTURES, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN EASEMENT AREAS WITHOUT AN ENCROACHMENT AGREEMENT WITH THE RESPECTIVE UTILITY. 2. ANY CPS ENERGY OR SAWS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS ENERGY OR SAWS INFRASTRUCTURE AND SERVICE FACILITIES, LOCATED WITHIN SAID EASEMENTS, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATIONS. 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE TV EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED HEREON, 4. CONCRETE DRIVEWAY APPROACHES ARE ALLOWED WITHIN THE FIVE (5) AND TEN (10) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY UNDERGROUND ELECTRIC AND GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN THE FIVE (5) AND TEN (10) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC AND GAS FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) AND TEN (10) FOOT WIDE EASEMENTS. CURVETABLE CURVE # DELTA ARC LENGTH RADIUS CHORD BEARING CHORD DIST. C1 014 °30'24" 113.94 450.00 N52'14'34 "E 113.63' C2 028'50'15" 218.94 435.00 N30'45'25 "E 216.64' C3 043'23'10" 276.39 365.00 N38'01'53 "E 269.83' C4 007'38'09" 48.24 362.00 N63'30'58 "E 48.21' C5 007'30'21" 56.94 434.69 N63'33'22 "E 56.90' C6 006'04'33" 602.29 5679.58 N63'05'06 "E 602.01' C7 043'57'49" 280.07 365.00 N38'19'18 "E 273.25' C8 043'23'10" 329.40 435.00 S38'01'53 "W 321.58' C9 007'38'09" 57.57 432.00 563'30'58 "W 57.53' C10 007'30'21" 47.77 364.69 S63'33'22 "W 47.74' LOOKOUT BUSINESS KEY MAP CENTERUNITI I O.P.R.C.C.T. N.T.S. DOC #200806030605 ENTERPRISE INDUSTRIAL PARK ENTERPRISE INDUSTRIAL PARK T. P.R.C.C. SUBDIVISION DOC# 200806035456 I SUBDIVISION P. R. C. C. T. DOC# 200806035456 P. R. C. C. T. CIBOLO CREEK MUNICIPAL AUTHORITY: THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITTAL OF BUILDING PERMIT APPLICATION. BY: AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY STATE OF TEXAS COUNTY OF COMAL I HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN THIS PLAT TO THE MATTERS OF STREETS, LOTS, AND DRAINAGE LAYOUT. TO THE BEST OF MY KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF THE UNIFIED DEVELOPMENT CODE, EXCEPT FOR THOSE VARIANCES GRANTED BY THE SAN ANTONIO PLANNING COMMISSION. M.W. CUDE ENGINEERS, L.L.C. COY D. ARMSTRONG, P.E. LICENSED PROFESSIONAL ENGINEER STATE OF TEXAS COUNTY OF COMAL I HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND BY: M.W. CUDE ENGINEERS, L.L.C. M.W. CUDE ENGINEERS, L.L.C. JAMES W. RUSSELL, R.P.L.S. REGISTERED PROFESSIONAL LAND SURVEYOR P: \03227\00112- Drawings103227001 PLAT.dwg 2019/04/22 6:59pm cmorris Lu zw - - 25'W4 TER & WASTEWATER EASEMENT 25' WATER & WASTEWATER EASEMENT �X DOC# DOC# O. P. R. C. C. T. O.P.R.C.C.T. J 25' WATER & WASTEWATER EASEMENT DOC# 0. P. R. C. C. T. REMAINING PORTION OF 30.197 ACRES SUSAN HAYES L UCKETT DOC# 201306051208 O. P. R. C. C. T. UJ - _ _r F N REMAINING PORTION OF LINE If 17.740 ACRES BEARING ARNOLD A MOOS AND 1.49 AGELINEA MOOS L2 VOL. 780, PG. 306 24.6604 ACRES O. P. R. C. C. T. LADSHAW PARTNERSHIP LTD, ETAL N59'48'30 "E DOC #201606036803 i 0. P. R. C. C. T. - ___7_ - _1 175.82 VARIABLE WIDTH WATER & WASTEWATER EASEMENT DOC# O. P. R. C. C. T. LINE TABLE LINE If LENGTH BEARING Ll 1.49 N30'30'25 "W L2 95.23 N67'18'28 "E L3 530 N59'48'30 "E L4 1377.53 N30'26'09 "W LS 175.82 S31'09'12 "E L7 95.20 S67'18'28"W L8 5.01 S59 °48'30 "W L9 70.00 N30'26'09 "W STATE OF TEXAS COUNTY OF COMAL THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE USE OF THE PUBLIC, EXCEPT AREAS IDENTIFIED AS PRIVATE OR PART OF AN ENCLAVE OR PLANNED UNIT DEVELOPMENT, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, DRAINS, EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. SCHERTZ 312, LLC 9601 McALLISTER FREEWAY, SUITE 1120 SAN ANTONIO, TX. 78216 TEL: (210) 338-5220 OWNER ROYAL AXEL SCHERTZ, LLC 1440 ERIE STREET NORTH KANSAS CITY, MO. 64116 TEL: (210) 651 -7322 OWNER STATE OF TEXAS COUNTY OF COMAL BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF A.D. . NOTARY PUBLIC COMAL COUNTY. TEXAS THIS PLAT OF ROYAL MANUFACTURING SUBDIVISION HAS BEEN SUBMITTED AND CONSIDERED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF SCHERTZ, AND HERBY APPROVED BY SUCH COMMISSION DATED THIS DAY OF A.D. BY CHAIRMAN BY SECRETARY CERTIFICATE BY THE ENGINEER I, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED CITY ENGINEER STATE OF TEXAS COUNTY OF COMAL I, , COUNTY CLERK OF SAID COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MYOFFICE ON THE DAYOF A.D. AT M. AND DULY RECORDED THE DAY OF A.D. AT M. IN THE DEED AND PLAT RECORDS OF SAID COUNTY, IN BOOK/ VOLUME ON PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF A.D. COUNTY CLERK, COMAL COUNTY, TEXAS BY: ,DEPUTY REPLAT ESTABLISHING ROYAL MANUFACTURING SUBDIVISION 97.991 ACRES OF LAND LOCATED IN THE GEORGE M. DOLSON SURVEY NO. 96, ABSTRACT NO. 120 AND THE VINCENTE MICHELI SURVEY NO. 114, ABSTRACT NO. 383, CITY OF SCHERTZ, COMAL COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 17.717 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024952, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS; A PORTION OF THAT CERTAIN 30.204 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024954, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS; A PORTION OF THAT CERTAIN 37.449 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024969, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS; A PORTION OF THAT CERTAIN 83.514 ACRES CONVEYED TO SCHERTZ 312, LLC, AS DESCRIBED IN DOCUMENT NO. 201806024955, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS AND A PORTION OF LOT 1, BLOCK 1, ROYAL MANUFACTURING SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 15, PAGE 224, PLAT RECORDS OF COMAL COUNTY, TEXAS AND CONVEYED TO ROYAL AXEL SCHERTZ, LLC, AS DESCRIBED IN DOCUMENT NO. 201806011741, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS. fig'(. 1880 CUDE `c'rsl NEEQ`S M.W. CUDE ENGINEERS, L.L.C. 4122 POND HILL RD. • S -101 SCALE: 1"=200' SAN ANTONIO, TEXAS 78231 7:210.681.2951 • F:210.523.7112 WWW.CUDEENGINEERS.COM 0 200 400 TBPE FIRM #455 TBPLS No. 10048500 APRIL 2019 SHEET 3 OF 3 PRJ.N0.:03227.001 • TO: Planning and Zoning Commission PREPARED BY: Bryce Cox, Senior Planner SUBJECT: Workshop / Discussion and Public Hearing on Short Term Rentals and PIT Pads This workshop is a follow up to the March 27, 2019, Planning and Zoning Commission meeting. In this workshop we will discuss some differences in building and fire codes between one - family detached dwellings and dormitories, what regulations other cities have enacted, and continue the discussion on impacts created by these uses including comments and concerns from residents. The following items are attached to this report: • Summary of Short Term Rental Programs for Fredericksburg, TX and New Braunfels, TX - This summary outlines each cities' short term rental program and also includes the applications and ordinances from each city. • YouTube Video Links to City Council Meetings- This attachment contains links and information related to citizen comments at City Council meetings related to short term rentals and PIT pads. • Minutes from the May 1, 2018 City Council Meeting - minutes contain comments from residents related to short term rentals and PIT pads. • Minutes from the August 28, 2018 City Council Meeting - minutes contain comments from residents related to short term rentals and PIT pads. • Minutes from the September 25, 2018 City Council Meeting - minutes contain comments from residents related to short term rentals and PIT pads. • Minutes from the February 5, 2019 City Council Meeting - minutes contain comments from residents related to short term rentals and PIT pads. Attachments Summary of STR Regulations for Fredericksburg and New Braunfels Video Links to City Council Meetings City Council Meeting Minutes 05 -01 -2018 City Council Meeting Minutes 08 -28 -2018 City Council Meeting Minutes 09 -25 -2018 City Council Meeting Minutes 02 -05 -2019 Short Term Rental (STR) Summaries Fredericksburg, TX The City of Fredericksburg, TX has taken the approach of regulating short term rentals (STR) by passing ordinances which restrict the locations of rentals and require them to be permitted and inspected. Fredericksburg defines a STR as a rental that is less than 30 consecutive days. They require a yearly permit to operate a rental that includes a $150 fee and yearly life safety inspection of the rental by a City Official (see attached inspection checklist). STRs are allowed in commercial and some residential zoning districts (single family, mixed residential, multi - family and are prohibited in manufacturing and some residential zoning districts (manufactured home, patio home, and small lot residential). STRs are allowed in the most prevalent single - family residential zoning district (R1). Property owners may rent the home as a single unit, or if it is owner occupied, individual rooms may be rented up to 8 rooms. Additionally, if a lot is 10,000 square feet or larger, a separate guesthouse may be constructed and used for STR if the owner lives on the property. General requirements for the other permitted zoning districts include maximum density of 8 units per property and compliance with zone specific development requirements. Fredericksburg also requires that the tenants follow all ordinances and regulations including compliance with a city sound, noise, and garbage collection ordinances. The City requires that a local contact must be available 24 hours a day to respond to concerns or requests for assistance related to the condition, operation, or conduct of guests. The local contact is required to respond within 60 minutes of being notified of concerns or requests for assistance. All complaints related to STRs including noise, garbage, parking, and disorderly conduct are reported to Code Enforcement. Lastly, permits can be suspended or revoked upon conviction for a violation of the regulations. New Braunfels, TX The City of New Braunfels, TX has taken the approach of regulating short term rentals (STR) by passing ordinances which restrict the locations of rentals and require them to be permitted and inspected. New Braunfels defines a STR as a rental that is no more than 30 days excluding month -to -month rentals, as well as hotels, motels, bed and breakfast, and resorts. They require a yearly permit to operate a STR that includes a $50 fee and yearly life safety inspection of the rental by a City Official. STRs are prohibited in residential zoning districts (excluding multi - family districts) and cannot be located within the designated floodway. New Braunfels also permits detached one - family dwellings in commercial /manufacturing zoning districts. Off street parking must be provided at a ratio of 1 space per sleeping area with a minimum of 2 spaces and a garage cannot be counted toward the parking requirement. New Braunfels also requires that the tenants follow all ordinances and regulations including compliance with a city sound, noise, and garbage collection ordinances. The City requires that a contact must be available 24 hours a day to respond to concerns or requests for assistance related to the property. In the event a Law Enforcement officer responds to a STR and issues a citation, the officer is also required to contact the owner. Complaints related to STRs including noise, garbage, parking, and disorderly conduct are reported to both the Police Department and Code Enforcement depending on the nature of the complaint. Permits can be suspended or revoked upon issuance of 3 separate citations to occupants or guests with in a six -month period. , ~ Short Term Rental Permit Application Owner:___ Mailing Address: Email Address: Management Company/Operator Con Mailing Address: Email Address: hone Number: hone Number Local Contact Name: (must be available 24/7 while guests are occupying premise and respond within 60 minutes of notice) Phone number: Zoning District nf Establishment: (The #of allowable units is based unzoning.) |f the STIR is located 1nR1zoning, isit the principal residence of the owner? Ynr N Size ofPnoperty/Pmrce|: Size of House (sf): Number of Bedrooms: Proposed daytime occupancy: ______ Proposed overnight occupancy: ______ Number of Units: (advertised ac separate habitable area, if one structure is divided and advertised for multiple reservation, the number of separate reservations at one time. Permit and fee required for each unitj Number of Off-Street Parking Spaces Provided: ______ Attach a diagram showing the proposed layout of the property use and on-site parking. Description of any food service to be provided: If serving food to overnight guests, the owner or manager shall successfully complete a food manager's certification course accredited by the State. Date submitted to City of Date ofInspection: Inspection Notes: Toba completed by City ofFredericksburg Payment type: Confirmed Daytime Occupancy Confirmed Overnight Occupancy. Date approved/issued- _Expiration Date: d year from issuance nr upon sale ofSTIR) Chapter 23 — Planning Article V. SHORT TERM RENTALS Sec. 23 -104. Short Term Rental operational requirements. B. The Operator shall operate a Short Term Rental in compliance with the following: 1. Zoning regulations prescribed for the zoning district in which such Short Term Rental is located, set forth in Appendix B of the Code of Ordinances. 2. City of Fredericksburg Sign Ordinance, as applicable, set forth in Chapter 29 of the Code of Ordinances. 3. Maximum occupancy limits prescribed by the City Fire Marshall, pursuant to the International Fire Code as adopted in Chapter 17 of this Code of Ordinances. 4. City of Fredericksburg Hotel Occupancy Tax Ordinance, set forth in Chapter 41 of this Code of Ordinances. 5. City of Fredericksburg Noise and Sound Level Regulation Ordinance, set forth in Chapter 20 of this Code of Ordinances. 6. City of Fredericksburg Garbage Collection Ordinance, set forth in Chapter 32 of this Code of Ordinances. 7. During any period when a Short Term Rental is occupied or intended to be occupied by Guests, the Local Contact Person shall be available twenty -four (24) hours per day for the purpose of responding to concerns or requests for assistance related to the condition, operation, or conduct of Guests of the Short Term Rental. The Local Contact Person shall respond within sixty (60) minutes of being notified of concerns or requests for assistance regarding the condition, operation, or conduct of Guests of the Short Term Rental, and shall take immediate remedial action as needed to resolve such concerns or requests for assistance. C. Any advertisement that promotes the availability of a Short Term Rental, listed in any medium, including but not limited to newspaper, magazine, brochure, website, or mobile application, shall include the current Short Term Rental Permit number assigned by the City. OATH OF APPLICANT I declare that I have read the forgoing application and all information therein is true, correct, and complete to the best of my knowledge and the conditions stated herein have been met. Printed Name Title Signature Date STR Permit Application January 2018 Effective April 1, 2018 u Short term rental units are subject to inspection prior to issuance of a short term rental operating permit. The inspection will include compliance with the 2009 Life Safety Code, 2009 International Fire Code, 2009 International Residential Code and all applicable City of Fredericksburg Code of Ordinances. Contact Code Enforcement at 830® 997 -7521 for information and to schedule an inspection. The City of Fredericksburg has adopted the 2009 International Codes. Additional enforcement of State lam =, City of Fredericksburg ordinance section 5.401, Chapter 29 of the sign ordinance as found in the City of Fredericksburg Code of Ordinance. These inspection requirements may be amended from time to time. 02/2018 -SC Current B &B (STR's) Zoning Rules by Zoning District: R -1 Allowed in rooms of owners principal residence, up to 8 units (owner must reside within the home) The home may be used as a B &B (STIR), but limited to a single unit. If lot is 10,000 square feet or larger, a separate guesthouse (B &B or STR) may be constructed on the property, and owner must live on property. R -1A B &B's (STR's) prohibited. R -2 Structures existing on September 1, 2013 may be used as a B &B whether or not owner occupied Additions or new construction must comply with density requirements of R -2, up to 8 units. Lots may not be combined to permit more than 8 units R -3 Structures existing on September 1, 2013 may be used as a B &B whether or not owner occupied Additions or new construction must comply with density requirements of R -3, up to 8 units. Lots may not be combined to permit more than 8 units R -4 B &B's (STR's) prohibited. R -S B &B's (STR's) prohibited. C -1 Structures existing on September 1, 2013 may be used as a B &B whether or not owner occupied Additions or new construction must comply with density requirements of R -3, up to 8 units. Lots may not be combined to permit more than 8 units C -2 B &B's (STR's) permitted Maximum number of units (density) established by requirements of R -3 More than 8 units considered Hotel- Motel, and shall comply with C -2 regulations. CBD Structures existing on September 1, 2013 may be used as a B &B whether or not owner occupied Additions or new construction must comply with density requirements of R -3, up to 8 units. Lots may be combined to permit more than 8 units on contiguous property with a Conditional Use Permit M -1 B &B's (STR's) prohibited. M -2 B &B's (STR's) prohibited. M -3 B &B's (STR's) prohibited. HSD Same as base zoning of CBD, except Conditional Use Permit required for 151 Floor unit PF B &B's (STR's) prohibited. 9OPV BE 17'ORDMiTWBV THE CIT"T COUNCIL *F ThE CIW'OF fRETERICKSOIRG, TEXAS, Section I'lliat, ARTIUX V. - SHOW�710M RFNTALS, or Chapter 23 - PLANNING, of the Code ofOrdinalnces,i&bagbx—Qrcatg�• e�I MMMMUMMIMIRMINUM Sec. 23-100. Purpose. The purpose of this Article is to establish regulations for the use of privately owned dwellings As Short Term Rentals, to minimiye negative ancillat)• impact on surrounding properties, and to ensure the collection and payment of Hotel Occupancy Tax. Sec. 23-101. Definitions. As used in this Article, the following terms shall have the following meanings, A. City - The City of Fredericksburg, Texas. B. Guest -The overnight occupants renting a Short Term Rental Unit for a specified period and the daytime visitors; of the overnight Occupants. C. Local Contact Person - '11-te Owner, Operator, or person designated by the Owner or the Operator, who shall be Available twenty - four(. 4) hours per day for the purpose of responding to concerns or requests for assistance related to the Owner's Short Term Rental. MMMM duplex, mobile home, or any portion of such dwellings, rented by the public for consideration, and used for dwelling, lodging or sleeping purposes for any period less than thirty (30) consecutive days. The following are exempt from the regulations under this Article: hotel, motel, dormitory, public or private club, recreational vehicle park, hospital and medical clinic, nursing home or convalescent home, foster home, halfway house, transitional housing facility, any housing operated or used exclusively for religious, charitable or educational purposes, and any housing owned by a governmental agency and used to house its employees or for governmental purposes. G. Short Term Rental Permit - A permit issued by the City authorizing the use of a privately owned dwelling as a Short Term Rental. H. Short Term Rental Unit - One or more habitable rooms forming it single habitable division within a Short 'Perm Rental, or an entire undivided Short Term Rental, which is advertised to be occupied, is occupied, or is intended to be occupied by a single party of Guests under a single reservation and /or single rental payment. Sec. 23 -102 Short Term Rental Permit required. It shall be unlawful for any person or entity to rent, or offer to rent, any Short Term Rental without a valid Short Term Rental Permit issued under this Article. Sec. 23 -103. Short Term Rental Permit registration fee and application. A. An applicant shall submit an application for a Short Term Rental Permit using a format and method promulgated by the City Manager or his /her designee. The application form shall require, at a minimum, the following information from applicants: 1. The name, address, email and telephone number of the Owner of the Short Term Rental. 2. The name, address, email and telephone number of the Operator of the Short Term Rental. 3. The name, address, email and twenty -four (24) hour telephone number of the Local Contact Person, 4. The name and address of the Short Term Rental. 5. The number of bedrooms and the proposed overnight and daytime occupancy limit of the Short'rerm Rental. 6. A diagram showing the proposed layout of the property use and any on -site parking available for the Short Term Rental. Page 2 of 6 7. A general description of any food service to be offered to Guests of the Short 7 emi Rental. B. An applicant for a Short Term Rental Permit shall pay to the City a permit fee of one hundred fifty dollars (5150.00). C. A separate Short Term Rental Permit application and permit fee must be submitted for each individual Short 'Perm Rental Unit. Each individual Short Term Rental Unit shall be assigned a unique permit number upon permit issuance by the City. D. Prior to issuance of a Short Term Rental Permit, the Operator shall allow an on -site inspection of the Short Term Rental Unit by a City Code Enforcement officer, to ensure compliance with the following: 1. The requirements set forth in Section 23- 104(x'►) of this Article; and 2. The requirements set forth in Sections 23- 104(13)1 through 23- 104(13)3 of this Article. E. A Short Term Rental Permit issued under this Article shall be valid for a period of one- calendar year from the date of issuance. The Short Term Rental Permit shall expire immediately upon any change in Owner of the Short Term Rental Unit. F. The Owner has a duty to notify the City within twenty (20) calendar days, in writing, of any changes to information submitted as part of a Short Term Rental Permit application under this Article. G. An application for Short Term Rental Permit may be denied if the Owner has had a Short Term Rental Permit suspended or revoked during the previous 365 calendar days. Sec. 23 -104. Short Term Rental operational requirements. A. The Operator shall post the following information in a prominent location within the Short Term Rental Unit, using a form promulgated by the City: 1. The unique Short Term Rental Permit number assigned to the Short Term Rental Unit; 2. Operator name and number; 3. Local Contact Person name and number; 4. The location of any on -site and off -site parking spaces available for Guests; 5. The overnight and daytime occupancy limits; 6. Instructions to Guests concerning disposal of garbage and handling of garbage containers; 7. Notification that the Guests are responsible for compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the Short Term Rental, and that Guests may be fined by the City for violations of this Article; and Page 3 of 6 B. Notification that all functions such as weddings, parties or other gatherings are prohibited at the Short 'Perm Rental, excepting Short Term Rentals located in the Commercial Toning District. B. The Operator shall operate a Short'Tenn Rental in compliance with the following: 1. Zoning regulations prescribed for the zoning district in which such Short Term Rental is located, set forth in- Appendix B of the Code of Ordinances. 2. City of Fredericksburg Sign Ordinance, as applicable, set forth in Chapter 29 of the Code of Ordinances. 3. Maximum occupancy limits prescribed by the City Fire Marshall, pursuant to the international Fire Code as adopted in Chapter 17 of this Code of Ordinances. 4. City of Fredericksburg Hotel Occupancy Tax Ordinance, set forth in Chapter 41 of this Code of Ordinances. 5. City of Fredericksburg Noise and Sound Level Regulation Ordinance, set forth in. Chapter 20 of this Code of Ordinances. C. City of Fredericksburg Garbage Collection Ordinance, set forth in Chapter 32 of tliis Code of Ordinances. 7. During any period when a Short Term Rental is occupied or intended to be occupied by Guests, the Local Contact Person shall be available twenty -four (24) hours per day for the purpose of responding to concerns or requests for assistance related to the condition, operation, or conduct of Guests of the Short Term Rental. The Local Contact Person shall respond within sixty (60) minutes of being notified of concerns or requests for assistance regarding the condition, operation, or conduct of Guests of the Short Term Rental, and shall take immediate remedial action as needed to resolve such concerns or requests for assistance. C. Any advertisement that promotes the availability of a Short Term Rental, listed in any medium, including but not limited to newspaper, magazine, brochure, website, or mobile application, shall include the current Short Term Rental Permit number assigned by the City. Sec. 23 -105. Notification of complaints. Complaints related to the operation of a Short 'Perm Rental, including but not limited to complaints concerning noise, garbage, parking, and disorderly conduct by Guests, shall be reported to the City Code Enforcement office. Sec. 23 -106. Compliance with other law. Page 4 of 6 The Owner, Operator, local Contact Person, and Guests shall comply with all applicable laws, rules and regulations pertaining to the operation, use, and occupancy of a Short Term Rental. The Owner shall not be relieved from any civil or criminal liability for a violation of this Article, regardless of whether such violation is committed by the Owner, Operator, Local Contact Person, or Guest of the Owner's Short 'Term Rental. Nothing in this Article shall be construed to relieve any person or Owner of any other applicable requirements of federal, state, or local law, rules, or regulations. Nothing in this Article shall be construed to provide any property owner with the right or privilege to violate any private conditions, covenants, and restrictions applicable to the Owner's property that may prohibit the use of such Owner's property as a Short Term Rental as defined in this Article. Sec. 23 -107. Compliance and Penalty provision. A. It shall be unlawful for any person or entity to violate any provision of this Article. Proof that a violation of this Article occurred at a Short Term Rental shall create a rebuttable presumption that the Owner of said Short Term Rental committed the violation. B. Any violation of this Article is a Class C misdemeanor offense, and upon conviction, shall be punished by a fine as set forth in Section 1 -6 of this Code of Ordinances. C. Prosecution under this Article shall not require the pleading or proiing of any culpable mental state. D. Penalties provided for in this Article are in addition to any other criminal or civil remedies that the City may pursue under federal, state, or local law. Sec. 23 -108. Permit suspension or revocation; Appeal. Upon conviction for a violation of this Article, the City Manager may suspend or revoke any Short Term Rental Permit issued for the same Short Term Rental where the violation occurred. The City Manager shall notify an Owner of a suspension or revocation under this Section in writing, delivered by Certified Mail, Return Receipt Requested, and mailed to the address of the Owner as set forth on the most recent Short Term Rental Permit application submitted to the City. An Owner may appeal a notice of suspension or revocation under this Section by filing a written appeal with the City Manager within ten (10) business days following the date said notice was deposited in the U.S. Mail. Following a timely filing of an appeal hereunder, the Owner may present evidence to the City Manager related to the suspension or revocation under this Section. Following the City Manager's (final decision on appeal, the Owner may appeal an adverse decision of the City Manager by filing a written appeal with the City Council within five (5) business days following the date of the City Manager's final decision. {End of code text) Page 5 of 6 ljpl 1:11111111111111111111'I gill '1]rljTFljpftm ATM ST: Daniel Jones, City Attorney 11) 14� Linda Langerhans, ayor City of Fredericksburg, Texas 0.=. Mailing Telephone: Fax: 2. Property 3. Legal Description: Name of Subdivision: Lot(s) Block(s): Acrea ge: 4. STIR is an allowed use mn the property by (select one): Property Zoning: C°4, C'4A.C'4B vr SUP (approval date) or Legal Non-Conforming Certification (acceptance date) 5. 24 Hour Contact — Person responsible and authorized to respond b/ complaints concerning the use of the Short Term Rental. Mailing Address: Telephone: Fax: Mobile: 0. Property Management/Agent —if applicable. Mailing Address: Telephone: Fax: 7. : _Sketch nr narrative describing the location of the _ Proof of Hotel Occupancy Tax compliance. required parking. __ Tenant Indoor Notification Sheet Sketch nf the Monqu|anuf the Short Term Rental. __ Fee of $50 As the owner, / hereby that the property identified within this application has met and will continue Cvcomply with the standards and other requirements established for Short Term Rentals in Section 5.17 of the Alew Braunfels Zoning Ordinance. Signature ofOwmons) For Office Use Only Fee Received By: Amount: - Receipt No.: Date Received: STR Decal issued: Date: No.: Cash/Check Number: Permit Number: Term Rental permcdocx Page |me PLEASE READ THE FOLLOWING INFORMATION REGARDING SHORT TERM RENTAL PERMITS PRIOR TO SUBMITTING AN APPLICATION APPLICATION COMPLETENESS: Applications will be reviewed for completeness by Planning Division staff. If the application is incomplete, the Planning Division will notify you within 10 days of receipt of the application. The applicant will have 45 days to submit the required information or the application will expire and a new application process will need to be started. FEES: The filing fee is $50.00. UTILITY RATES: Please know that if the property is within the New Braunfels Utilities (NBU) service area the utility provider will be notified and will reclassify the utility rates on the property to commercial. You may contact the Billing Department with NBU at (830) 629 -8413 with any questions. LEGAL DESCRIPTION: If the property is unplatted (example of platted property: Lot A, Block 4, ABC Subdivision), a survey of the property must accompany the application. A survey can include a plat or metes and bounds description. SKETCH OF REQUIRED PARKING: A site plan is the best format to create a sketch that identifies the location of the required parking. See example on page 8 of this application. SKETCH OF FLOORPLAN: See example on page 9 of this application. IF ADDITIONAL INFORMATION IS NECESSARY, PLEASE CONTACT THE PLANNING DIVISION AT: (830) 221 -4050 U: \Planning \ApplicationsMort Term Rental Permit.docx Page 2 of 9 SEC. 5.17 SHORT TERM RENTAL OR OCCUPANCY IN ONE AND TWO FAMILY DWELLINGS - CHAPTER 144, ZONING 5.17 Short term rental or occupancy. 5.17 -1 Purpose: This section is intended to provide a procedure to allow the rental of private residences to visitors on a short -term basis, while ensuring that such rental use does not create adverse impacts to residential neighborhoods due to excessive traffic, noise, and density. Additionally, this section is intended to ensure that the number of occupants within such rental units does not exceed the design capacity of the structure to cause health and safety concerns, and that minimum health and safety standards are maintained in such units to protect visitors from unsafe or unsanitary conditions. 5.17 -2 Definitions: "Adult' means an individual 17 years of age or older. "Bedroom" means a room designated and used primarily for sleeping and rest on a bed. "Floodway" means the channel for a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Non- Residential District" means the following zoning districts: R -3, R -3L, R -31-1, MU -A, MU -B, C -1, C- 1A, C -113, C -2, C -2A, C -3, C -4, C -4A, C -413, C -O, M -1, M -1A, and M -2A. This includes all subsequently approved Special Districts identified as Non - Residential unless otherwise specified within the Special District. "Occupant" means the person or persons who have rented the Short Term Rental and their guest(s). "Operator" means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government or any other group or combination acting as a unit who is the proprietor of a Short Term Rental, whether in the capacity of owner, lessee, sub- lessee, mortgagee in possession, license or any capacity. Where the operator performs his or her functions through a managing agent of any type of character, other than an employee, or where the operator performs his or her functions through a rental agent, the managing agent or the rental agent shall have the same duties as his or her principal. "Owner" means the person or entity that holds legal and /or equitable title to the private property. "Residential District" means the following zoning districts: R -1, R -1A -43.5, R- 1A -12, RAA -8, R-1 A-6.6, R- 2, R -2A, B -1, B -1A, 13-113, TH, TH -A, ZH, ZH -A and SND -1. This includes all Special and Planned Development Districts identified as Residential unless otherwise specified within the Special District. "Resort Condominiums" means a form of housing tenure and other real property where a specified part of a piece of real estate (usually of an apartment house) is individually owned and rented out for use of persons for less than 30 days while use of and access to common facilities in the piece such as hallways, heating system, elevators, exterior areas is executed under legal rights associated with the individual ownership and controlled by the association of owners that jointly represent ownership of the whole piece. "Resort Property" means a compound of buildings and facilities located together that provides lodging, entertainment and a relaxing environment to people on vacation. This includes 24 hour security and 24 hour front desk personnel. These units comply with all commercial building code standards. "Short Term Rental" means the rental for compensation of one- or two - family dwellings, as defined in the IRC (International Residential Code), for the purpose of overnight lodging for a period of not less than one (1) night and not more than thirty (30) days other than ongoing month -to -month tenancy granted to the same renter for the same unit. This is not applicable to hotels, motels, bed and breakfasts, resort properties as defined in this ordinance or resort condominiums. "Short Term Rental Decal" means the decal issued by the City as part of a Short Term Rental permit that identifies the subject property as a Short Term Rental, the Short Term Rental permit number, the owner or rental agent's name and 24 -hour emergency contact phone number of either the owner or the rental agent. UAPlanning \Applications \Short Term Rental Permit.docx Page 3 of 9 SEC. 5.17 SHORT TERM RENTAL OR OCCUPANCY IN ONE AND TWO FAMILY DWELLINGS - CHAPTER 144, ZONING, contd. "Sleeping Area" means a room or other space within a Dwelling designed or used for sleeping, including a Bedroom. Tents and Recreational Vehicles shall not be considered a Sleeping Area. 5.17 -3 Applicability. (a) Short Term Rental within Residential Districts is prohibited. (b) Short Term Rental is prohibited in any floodway located within the city limits, regardless of zoning district. (c) A Short Term Rental Permit is required prior to the use of a one family or two family dwelling as a Short Term Rental located within a Non - Residential District. Subject to Subsection (d), Standards, of this Section, an Owner shall obtain and maintain a current permit whenever a dwelling is used as a Short Term Rental. Annual inspection is required as specified in Subsection (f), Inspections, of this Chapter. A Special Use Permit is required in all zoning districts except C -4, C -4A and C -413. (d) Within one hundred and eighty (180) days of the effective date of this Ordinance, the Owner or Operator of each existing legally established short term rental shall apply for and pay the permit fee for a Short Term Rental Permit. Within forty -five (45) days of receipt of a completed application, the permit fee and compliance with Subsection (e), Short Term Rental Permit, of this Section, a permit shall be issued to the Owner or Operator that will be good for one (1) year from the date issued and subject to the annual renewal inspection by the Fire Marshal. Ability to approve said permit is predicated on verification that the short term rental is in compliance with Section 2.3(b, c, d), Nonconforming Use. 5.17 -4 Standards. All Short Term Rentals permitted pursuant to this Chapter are subject to the following standard requirements: (a) Occupancy. The maximum number of persons allowed to reside in a Short Term Rental is two (2) adults per Sleeping Area plus an additional four (4) adults per residence. (b) Short Term Rental Decal Display. As part of a Short Term Rental Permit, the City issued Short Term Rental Decal shall be posted on the front of each Short Term Rental in a location that is accessible and legible to an individual at the entry of the Short Term Rental. (c) Parking. A minimum of one (1) off - street parking space, not including the garage, per Sleeping Area shall be provided with a minimum of two (2) and a maximum not to exceed the number of Sleeping Areas plus one (1). No required parking shall be permitted within public right -of -way or access easements as defined by City and State regulations regarding parking. (d) Life Safety. (1) All building and fire related construction shall conform to the City's adopted IRC (International Residential Code) building code. (2) A 2A:10B:C type fire extinguisher (a standard 5 lb. extinguisher) shall be properly mounted within 75 feet of all portions of the structure on each floor. (3) Every sleeping room shall have at least one operable emergency escape and rescue opening (4) An evacuation plan posted conspicuously in each Sleeping Area. (5) Every bedroom / sleeping area in a Short Term Rental that does not comply with Subsection (d)(4), Life Safety, of this Section shall not be used as a Sleeping Area and where equipped with a door, shall remain locked at all times when the Dwelling is being used as a Short Term Rental. Such a non - compliant sleeping area shall not be included in the maximum occupancy calculation for the Short Term Rental. The owner / operator shall notify every Occupant, in writing, that the non - compliant Sleeping Area may not be used for sleeping. (e) Conduct on premises. (1) Each occupant and visitor to a Short Term Rental shall comply with all applicable provisions of the City's Code, including, without limitation: noise and disorderly conduct restrictions from Chapter 82, Offenses and Miscellaneous Provisions; litter prohibition from Chapter 50, Environment; and others such as parking, and trespassing provisions. No occupant of or visitor UAPlanning \Applications \Short Term Rental Permit.docx Page 4 of 9 SEC. 5.17 SHORT TERM RENTAL OR OCCUPANCY IN ONE AND TWO FAMILY DWELLINGS - CHAPTER 144, ZONING, contd. to a Short Term Rental shall cause or permit a public nuisance to be maintained on such property. This information shall be included in the rental agreement and inside the Short Term Rental as specified in Subsection (7), Tenant Indoor Notification, below. (2) All Occupants shall be informed in writing of relevant City ordinance including, but not limited to, the City's nuisance and water conservation ordinances by the Owner /Operator of the Short Term Rental. (3) Excessive noise or other disturbance outside the Short Term Rental is prohibited between the hours of 10:00 p.m. and 8:00 a.m. This includes, but is not limited to, decks, portals, porches, balconies, patios, hot tubs, pools, saunas or spas. (4) No sleeping outdoors. (f) Signage. Signage shall be in compliance with the City's current Sign Code. (g) Tenant Indoor Notification. The Operator shall post in a conspicuous location of the Dwelling the following minimum information: (1) Maximum number of occupants. (2) Location of required off - street parking, other available parking and prohibition of parking on landscaped areas. (3) Quiet hours and noise restrictions. (4) Restrictions of outdoor facilities. (5) 24 hour contact person and phone number. (6) Property cleanliness requirements. (7) Trash pick -up requirements, including location of trash cans. (8) Flooding hazards and evacuation routes. Including information on the emergency siren system. (9) Emergency numbers. (10) Notice that failure to conform to the occupancy and parking requirements is a violation of the City's Municipal Code and occupant or visitor can be cited. (11)Other useful information about the community. (h) Rental Agreement Notification. The rental agreement between the owner /operator of the Short Term Rental and the occupant shall include by attachment, all of the information provided on the Tenant Indoor Notification signage. 5.17 -5 Short Term Rental Permit. (a) Application. Application for a Short Term Rental Permit shall be in writing on an application form available in the Planning Director's office, shall be accompanied by a one -time payment of the fee of $50 and shall include the following information, at a minimum: (1) A list of all Owners of the short term rental including names, address and telephone numbers. (2) A sketch or narrative describing the location of the available parking spaces as required by Subsection d(3), Parking, of this Section. (3) A sketch of the floor plan. (4) The name, address and 24 hour telephone numbers of a contact person who shall be responsible and authorized to respond to complaints concerning the use of the Short Term Rental. (5) Proof of Hotel Occupancy Tax compliance with Chapter 351 of the Tax Code, before permit is granted. (6) A statement that the Owner of the Short Term Rental has met and will continue to comply with the standards and other requirements of this Ordinance. (7) Provide current email address of Owner /Operator, if applicable. (8) If Owner /Operator has a property management or agent, Owner /Operator shall provide property management or agent phone number, mailing address and email address. (b) Completeness of Application. If the application is incomplete or the full fee has not been paid, the Planning Director shall notify the applicant in writing, within 10 business days of the date of the application, that the application is incomplete and will not be considered by the City until the application is complete and /or the full fee is paid. If the full fee is not paid or the application is not compete within 45 days of the date of the application, the application shall expire. U: \Planning \Applications \Short Term Rental Permit.docx Page 5 of 9 SEC. 5.17 SHORT TERM RENTAL OR OCCUPANCY IN ONE AND TWO FAMILY DWELLINGS - CHAPTER 144, ZONING, contd. (c) Annual Renewal. A Short Term Rental Permit will be renewed annually through an inspection conducted by the Fire Marshal to verify continued compliance with Subsection 17 -4, Standards, of this Section. (d) Transferability. A Short Term Rental Permit is transferable to a new property owner, if the new property owner submits a Short Term Rental Permit application and agrees in writing to comply with the requirements of this Ordinance. A new Owner must apply for a Short Term Rental Permit within ninety (90) days from the closing date of the purchase. The new Owner must provide a copy of the closing statement with the Short Term Rental Permit application form. Failure of the new property owner to apply for permit within ninety (90) days from the closing date will revoke the Short Term Rental Permit. Short Term Rentals existing prior to the effective date of this ordinance that are non - conforming to the zoning for which property is located, but obtained a permit in compliance with Subsection 17 -3(d), Applicability, shall become null and void if the new Owner fails to apply for the Short Term Rental Permit within ninety (90) days from the date of the deed of the new Owner's purchase. (e) Appeal. If an application for a Short Term Rental Permit or renewal is denied, the Owner or Operator may appeal to the Planning and Zoning Commission by written notice delivered within thirty (30) days of denial or revocation. 5.17 -6 Inspections. To ensure continued compliance with the requirements of this Section a Short Term Rental shall be inspected in the following methods: (a) Transfer Inspection. As part of the transfer of a Short Term Rental Permit to a new Owner, in accordance with Subsection (e(4), Transferability, and the issuance of a new Short Term Rental Permit the City's Fire Marshal shall conduct an inspection to verify compliance with this Ordinance. (b) Fire Extinguishers. The Owner /Operator is responsible for obtaining annual independent inspections of the fire extinguishers in compliance with the City's current Fire Code. (c) Immediate Inspection. The City will perform inspections immediately when a violation is suspected. (d) Annual Fire Inspection. The City's Fire Marshal's Office will perform annual inspections for compliance with this Ordinance. 5.17 -7 Enforcement /Penalty. (a) Emergency Contact. The Owner /Operator of the Short Term Rental shall provide the City with a twenty -four (24) hour contact number. Should a law enforcement officer respond to the Short Term Rental and issue a citation for any violation of City Ordinances, the Owner /Operator shall be called by the officer. The Owner /Operator shall attempt to contact the occupants within one hour of the call to address the occupants about the complaints. Should a second complaint be filed and citation issued to any part of the occupants or guests, the Owner /Operator must take appropriate step, in accordance with the individual rental agreement, to assure future complaints do not occur. Should three (3) separate citations be issued to an occupant or their guest(s), involving separate occupants under separate rental agreements within a six (6) month period, the Short Term Rental Permit may be revoked in accordance with the revocation process specified in Subsection (h), Revocation. (b) Violations of any Subsection of this Section may revoke the Short Term Rental Permit in accordance with Subsection (h), Revocation. (c) Failure to pay Hotel Occupancy Tax timely is considered a violation of this Section and may result in revocation of the Short Term Rental Permit in accordance with Subsection (h), Revocation. Owner shall have 30 days from the date the City or State issue a notice of delinquency to submit delinquent Hotel Occupancy Tax to City and State before revocation of the Short Term Rental Permit begins. (d) Failure to successfully complete the renewal process of a Short Term Rental Permit is considered U: \Planning \Applications \Short Term Rental Permit.docx Page 6 of 9 SEC. 5.17 SHORT TERM RENTAL OR OCCUPANCY IN ONE AND TWO FAMILY DWELLINGS - CHAPTER 144, ZONING, contd. a violation of this Section. Owner shall have 45 days from the date City issues notice of denial to gain compliance of noncompliant items before the revocation of the Short Term Rental Permit begins. (e) The provisions of this Subsection are in addition to and not in lieu of any criminal prosecution or penalties as provided by City Ordinances or County or State Law. (f) Proof. Prima facie proof of occupancy of a Dwelling is established in any prosecution for violation of this Section if it is shown that vehicles with registrations to persons having different surnames and addresses were parked overnight at the Dwelling. Establishment of a prima facie level of proof in this Subsection does not preclude a showing of illegal "occupancy' of a Dwelling by a person in any other manner. (g) Offense. It is an offense for the property owner, any agent of the property owner, or the occupant(s) to directly occupy or indirectly allow, permit, cause, or fail to prohibit an occupancy in violation of this Ordinance 144 -5.17. Each day that a unit is occupied in violation of this ordinance shall be considered a separate offense, and, upon conviction, shall be subject to a minimum fine of $500.00 to a maximum fine of $2,000.00 per violation. (h) Each day of violation of said Standards and provisions of this Section constitutes a separate offense and is separately punishable, but may be joined in a single prosecution. 5.17 -8 Revocation. If any violations stated in Subsection (g), Enforcement /Penalty, of this Section have been committed and not corrected within the time specified the Planning Director shall begin the procedures to revoke the Short Term Rental Permit in accordance with the following: (a) The City shall give thirty (30) day written notice to the Owner /Operator regarding the public hearing date and recommendation by the Planning Commission, and public hearing and decision by the City Council. (b) The City shall provide written notice to property owners within 200 feet of the subject property at least 15 days prior to the hearing. (c) If a Short Term Rental Permit is revoked, the Owner /Operator may not reapply for the same property for a period of twelve (12) months. 5.17 -9 Abrogation and Greater Restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. U:\Planning\Applications \Short Term Rental Permit.docx Page 7 of 9 lJAPIanning\AppIications\Short Term Rental Permit.docx Page 8 of 9 Site Plan Example I LOT 25 FP=56250 LEAD WALK 62 so, +r, MY WALE So. Fr' HUDSON DRIVE PATIO 100 SO, FT. R.O.W. VARIES FLATWOF& , 12718 SO. FT. 9)W#10 FEKEMA" SUBDIVISIOM *624 28,22' e1.9 REM SOD —A4fi— so. vD, 70-KP Or aAW BLOCK A LOT: 25 HOME BUILDER Fffi= " M Z 400 -(­ -*Wf&W cr ft&# STREET ADDRESS: 6___ JAK FALLS LANE spaces DATE: 6-14-07 CITY: -FRISCO. COLL-Od OWT—YTEXAS SCALE: RE VISIOW - IREVISION: lJAPIanning\AppIications\Short Term Rental Permit.docx Page 8 of 9 DMEWAY 820 sQ FT. APPROACH 239 so. rf. LOT 25 FP=56250 LEAD WALK 62 so, +r, MY WALE So. Fr' HUDSON DRIVE PATIO 100 SO, FT. R.O.W. VARIES FLATWOF& , 12718 SO. FT. 9)W#10 FEKEMA" FRCuT SOD 485 _sj )u *624 28,22' e1.9 REM SOD —A4fi— so. vD, 7.5° UE ME FENCE LIE 323' LmAn FT. F HOUSE SLAB 2595 t4 ry. Ift. 0" TM TOTAL LOT 13710 S4. fl. spaces COVERAM 19 % lJAPIanning\AppIications\Short Term Rental Permit.docx Page 8 of 9 LOT 25 FP=56250 $2,4 LOT 24 3 parking Ift. 0" TM ur *AX TM spaces $0.9 FIETAMP ■kL 109.74' r if A) 6 1 'T 62,1 LOT 26 lJAPIanning\AppIications\Short Term Rental Permit.docx Page 8 of 9 Floor Plan Example A floor plan shows the layout and dimensions of the rooms in a building. Types and thickness of wall partitions and window sizes can also be determined. 1 UAPlanning\Applications \Short Term Rental Permit.docx Page 9 of 9 YouTube Video Links for Citizen Comments on Short Term Rentals and PIT Pads The links included below will take you directly to the start of the citizen comments. May 1 2018 — Citizen comments related to short term rentals and PIT pads begins at minute 22:00. (1 speaker) August 28 2018 — Citizen Comments related to short term rentals and PIT pads begins at minute 7:15. (7 speakers consecutive) September 2 2018 — Citizen comments related to short term rentals and PIT pads begins at minute 10:50. (1 speaker) February y5, 2019 — Citizen comments related to short term rentals and PIT pads begins at minute 39:40. (8 speakers not consecutive) MINUTES REGULAR MEETING May 1, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 1, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Mayor Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Bert Crawford Acting City Manager Brian James Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the regular meeting to order at 6:03 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Davis) Employee Recognition • EMS —Part time EMT William Cook, EMT David Gonzales, Gabriel McWhorter and Charles Crismon, Paramedic Tyler McNiel • Police Department — Part Time Communication Officer Starla Blake, Civilian Evidence Tech Chelsea Garcia • Parks, Recreation and Community Services —Part time Park Worker 1 Dustin Young s Public Works — Water — Serviceman 1 Robin Smith, Streets — Street Worker Casey Washington Each department supervisor introduced their new employee(s), provided a brief bio on them and gave each one an opportunity to speak to Council if they so desired. Mayor and Council welcomed the new employees on board the city staff. Presentation Proclamation recognizing Economic Development Week. (Mayor) Mayor Carpenter read the proclamation recognizing Economic Development Week and congratulated city staff members on the great job they are continuing to do. 05 -01 -2018 Minutes Page - 1 - City Events and Announcements ® Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Thursday May 3rd — Sweetheart Court Coronation 5:3012.m. Civic Center, Refreshments served at 5:30 p.m. — Coronation program begins at 6:00 p.m. Saturday, May 5th, Shred Day 9:00 a.m. -12:00 p.m. Community Circle Drive. Saturday, May 5th — Music in the Park 1:00 p.m. — 4:00 p.m. Pickrell Park- -come celebrate Cinco de Mayo with Mariachi Las Coronelas, taco food truck and activities for the kids. Tuesday, May 811 City Council Meeting 6:00 pm, Council Chambers Wednesday, May 91 San Antonio Manufacturing Association's Annual Trade Show, 10:00 am — 4:00 pm Freeman Coliseum Exposition Hall - Contact EDC to secure your tickets. Thursday, May 10th Northeast Partnership Meeting 11:30 am, Olympia Hills Golf and Conference Center Saturday, May 191 EMS Golf Tournament 2018 1:30 pm, Olympia Hills Golf Club - Registration begins 12:00 pm - $360 per team or $90.00 per person - Contact EMS X1400 Announcements and recognitions by the Acting City Manager (B. James) No announcements were provided. a Announcements and recognitions by the Mayor (M. Carpenter) No announcements were provided. Dearing of Residents Mayor Carpenter recognized the following individuals who spoke: 05 -01 -2018 Minutes Page - 2 - ® Ms. Maggie Titterington, with The Chamber, who provided information and thanks to everyone who attended the groundbreaking ceremony on Thursday at the Kellum Family Medical Center. Ms. Titterington also reminded everyone of the upcoming Bowl- a -Thon Friday May 11, 2018, 5:30 p.m. to 9:00 p.m. at Fiesta Lanes in New Braunfels; funds raised will go toward the purchase of the rescue boat for the Schertz Fire Rescue. Ms. Titterington also gave a shout out to Police Chief Hansen. They are already making plans for the ReMax Skylight Balloon Fest. They are already seeking vendors and Schertz will have a 40x40 footprint. Within that area will be some police vehicles and maybe some officer recruitment. They hope Animal Services will bring their truck as well. They are expecting about 10,000 people to show up. Lastly, at their May 15"' Chamber lunch coming up soon, representatives from TxDOT will be coming out to provide updates on projects going on in our area and answer questions. ® Mr. Bobby Jones, 752 Moss Wood, who spoke about how Schertz Parkway is still a rough road even after the recently completed reconstruction and improvements. Mr. Jones also addressed the issue of short term rentals, the associated parking problems with them and why the city should regulate them. Even the HOA's do not support these type of rentals. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular meeting of April 24, 2018. (B. James/B. Dennis) 2. Ordinance No. 18 -T -14 — Consideration and/or action approving an Ordinance authorizing a budget amendment to fund the ground storage tank repainting project. Final Reading (D. Wait /J. Hooks) The following was read into record: ORDINANCE NO. 18 -T -14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND THE GROUND STORAGE TANK REPAINTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 05 -01 -2018 Minutes Page - 3 - 3. Resolution No. 18 -R -45 - Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into a-contract with M & M Tank Coating Co. Inc. for the Schertz Ground Storage Tank Repainting project. (D. Wait /J. Hooks) The following was read into record: IS 1_ Wei 0 Lei ► § 12 rel F COME 4. Resolution No. 18 -R -50 — Consideration and/or action approving a Resolution approving a request for a Historical Incentive Program for the Main Street Grant for 528 Main Street. (B. James) The following was read into record: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A HISTORICAL INCENTIVE PROGRAM FOR THE MAIN STREET AREA GRANT FOR 528 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH 5. Resignations to the various City Boards, Commission and Committees — Consideration and/or action approving the resignation of Mr. Gary Howell from the Economic Development Corporation Board. (Mayor /Council) 6. Resolution No. 18 -R -53 — Consideration and/or action approving a Resolution authorizing Water, Wastewater, Access, and Drainage Easements with San Antonio One and San Antonio Three Limited Partnerships for the use, benefit, and control of the City of Schertz for the operation, maintenance, and access to water, wastewater, and drainage facilities on a private property in the vicinity of Wiederstein Road and IH 35. (B. James /K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING WATER, WASTEWATER, ACCESS, AND DRAINAGE EASEMENT AGREEMENTS FROM SAN ANTONIO ONE "AND SAN 05 -01 -2018 Minutes Page - 4 - ANTONIO THREE 1 1 PARTNERSHIPS, 1 OTHER MATTERS IN C011WECTION THEREWITH Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to approve the consent agenda items 1 through 6. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. Mayor Carpenter moved to Item 12 of the agenda. Closed Session Mayor Carpenter convened into closed session at 6:33 p.m. 12. City Council will meet in closed session under section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -038 • Project E -039 Councilmember Edwards arrived at 7:04 p.m. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 7:1 6 p. m. 12a. Take any action based on discussions held in closed session under Agenda Item 12. Mayor Carpenter stated that Acting City Manager Brian James is directed to begin negotiations with the City of San Antonio to bring certain parcel or parcels of land into the City of Schertz from the City of San Antonio ETJ. Mayor Carpenter moved to Item 9 of the agenda. Discussion and Action Items 9. Resolution No. 18 -R -51 — Consideration and/or action approving a Resolution authorizing a program and expenditures as provided for in the Performance Agreement between the 05 -01 -2018 Minutes Page - 5 - City of Schertz Economic Development Corporation and Schertz 312, LLC. (B. James/K. Kinateder) The following was read into record: 119 =0 Kill UIXIS lAE 19 : & -I Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Kiser to approve Resolution No. 18 -R -51. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Mayor Carpenter stated, for the record, the developer behind Schertz 312, LLC, is Titan Development with whom the city has a long -time track record and this agreement formalizes our united effort to attract another one million square foot user to our city. This decision ensures the city continues leading the effort for industrial development. We look forward to more great things through this agreement. 10. Resolution No. 18 -R -52 — Consideration and /or action approving a Resolution authorizing a program and expenditures as provided for in the Performance Agreement between the City of Schertz Economic Development Corporation and VWRl, LLC. (B. James/K. Kinateder) The following was read into record: RESOLUTION NO. 18 -R -52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROGRAM AND EXPENDITUES AS PROVIDED FOR IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (THE "SEDC ") AND WRl LLC (THE "COMPANY "); AND OTHER MATTERS IN CONNECTION THEREWITH. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Kiser to approve Resolution No. 18 -R -52. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 05 -01 -2018 Minutes Page - 6 - Mayor Carpenter stated that on this one the developer behind WRl, LLC is Five Star Properties who has also made an aggressive push to develop more retail sites in the city. He invited the representatives from the involved parties to come forward and share their thoughts as well. EDC Executive Director Kyle Kinateder introduced Josh Majors with Five Star Properties who thanked everyone from the city who was involved in this project. He then introduced Mitchell Roberts who was representing Evo Entertainment Group whose company will be the main anchor here —they will be bringing a 73,000 square foot entertainment facility to the city of Schertz. He thanked everyone for their help and they look forward to getting this project started and open. Mayor Carpenter moved to Item 7 on the agenda. 7. Ordinance No. 18 -T -15 – Consideration and/or action approving an Ordinance authorizing an adjustment to the Fiscal Year 2017 -2018 budget to recognize additional Library donations, to transfer funds from the Library Board to the Library Personnel Budget and authorize a temporary summer employee, to increase the budget for the temporary sewer treatment plant expansion, and to increase the budget for 3rd parry inspection services; repealing all ordinances or parts of ordinances in conflict with the ordinance; and providing an effective date. First Reading (B. James /J. Walters) The following was read into record: ORDINANCE NO. 18 -T -15 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET TO RECOGNIZE ADDITIONAL LIBRARY DONATIONS, TO TRANSFER FUNDS FROM THE LIBRARY BOARD TO THE LIBRARY PERSONNEL BUDGET AND AUTHORIZE A TEMPORARY SUMMER EMPLOYEE, TO INCREASE THE BUDGET FOR THE TEMPORARY SEWER TREATMENT PLANT EXPANSION, AND TO INCREASE THE BUDGET FOR 3P-D PARTY INSPECTION SERVICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Finance Director James Walters who stated this was the second quarterly budget adjustment they have brought to Council this year. Council had no questions on this item. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Crawford to approve Ordinance No. 18 -T -15 first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 05 -01 -2018 Minutes Page - 7 - 8. Ordinance No. 18 -I+ -16 — Consideration and/or action approving an Ordinance granting an electrical transmission and distribution and communications franchise to the Guadalupe Valley Electric Cooperative, Inc. for the use of City streets, alleys, and public ways for a ten year term. First reading (D. Wait) The following was read into record: Mayor Carpenter recognized Executive Director Dudley Wait who stated this is a proposed ten -year agreement and a renewal of previous franchise agreements. Originally, we entered into an agreement with them in 1972 which was for a twenty five year term. The next agreement was for ten years and expired in 2008. This proposed agreement is a ten year agreement with a two percent franchise fee remaining. GVEC is requesting we add that franchise fee to their fiber optic lines as well, which is a service they did not .offer in 1998 and carry that forward for another ten year agreement. They will bring this back to council in two to four weeks for a second reading. Mr. Wait addressed questions from Council. Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Edwards to approve Ordinance No. 18 -F -16 first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Workshop ® Presentation and discussion regarding short -term rentals and regulations. (L. Wood/B. Cox/C. Gould) 05 -01 -2018 Minutes Page - 8 - Mayor Carpenter recognized Planner I Channary Gould who explained that short term rentals called pit pads were rentals primarily for military personnel. The city's UDC does not include a definition for short term rentals but it is generally defined as `any rentals that are for periods of less than 30 consecutive days to an occupant, typically in a residential dwelling unit. They may or may not be owner- occupied. They are subject to Hotel Occupancy Tax (HOT). The state comptroller's rate is 6% and cities and counties are authorized to impose additional local hotel taxes. Schertz's HOT is equal to 7 %. There are many websites available where property owners can advertise. San Antonio, Austin and San Marcos all have registration requirements for obtaining permits to operate. For Schertz, staff advises to continue to monitor this business for complaints and become prepared to address issues in the future. They recommend adopting a permitting or registration process to address short term rentals in advance of the amount of rentals increasing in the future. This would also require amending the UDC. Ms. Gould, Mr. Brooks, and Mr. Walters addressed questions from Council. Suggestions from Council were to first educate the community by publishing some informational articles in the Schertz Magazine. They continued to discuss permitting, safety, building code compliance, fire requirements, parking regulations, etc. ® Discussion and possible action regarding proposed workshop only meetings on the 3rd Tuesday's of the month as needed. (B. James) Mayor Carpenter recognized Acting City Manager Brian James who stated staff desires to bring items to Council for discussion and dialog; however, they are aware that a lot of times the agendas get overloaded with items. Their suggestion is to hold workshops on the third Tuesdays of the month (only as needed) when we normally do not have a regular council meeting. We could limit the workshop items to one or two and the time frame to one hour or one and a half hours. The disadvantage would be it isn't on your calendar already and you may not be able to attend. Mayor Carpenter stated it sounds like basically Council needs to decide if they want shorter meetings and more of them or longer meetings and fewer of them. Discussion amongst members was in regard to limiting presentation and debate time, extending time when needed, having informational documents in advance for workshops, being prepared in general, knowing staff s recommendation and revisiting workshop subject matter for a second time, etc. Acting City Manager Brian James made several suggestions that staff could initiate: place more items on consent that don't really need additional discussion and create a one or two page sheet summarizing the key aspects with a recommendation for an item. If they still have questions, they can call him and/or the department head of that item and look at our workshop information and how much information we provide. Mayor Carpenter instructed the City Secretary to put an item on the next agenda to discuss our Rules of Procedure with discussion and potential action. He will also try to do some 05 -01 -2018 Minutes Page - 9 - work on how we do our agendas and manage our time and proceed in a manner that balances giving due time to items of great importance and due time to items that are routine as well as equal time amongst the council members for comments and discussion. Mayor .Carpenter stated that due to the time this evening he would like to take up workshops 3 and 4 at the next meeting and have staff provide the PowerPoints to Council on these items. ® Discussion on short term space needs. (D. Wait/J. Harshman/T. Buckingham) This item will be taken up at the next meeting. ® Discussion regarding large repairs /CIP Projects. (D. Wait /J. Harshman/T. Buckingham) This item will be taken up at the next meeting. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes on items 1 -10. Closed Session 11. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Mayor Carpenter convened into closed session at 9: 09 p. m. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 10:27p.m. 11 a. Take any action based on discussions held in closed session under Agenda Item 11. No action taken. Requests and Announcements ® Announcements by the Acting City Manager. Acting City Manager Brian James stated that he will provide Council with a summary on the Main Street project. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 05 -01 -2018 Minutes Page - 10 - No Items were requested ® Announcements by Mayor and Councihnembers . • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he is looking forward to the Sweetheart Court Coronation on Thursday. Mayor Carpenter recognized Councilmember Davis who complimented the Schertz EMS staff and their professionalism. He especially thanked EMS staff, Paramedics Mike Rice and Denise Connors, who made a big difference in the way he felt on one particular day. Thanks again for the EMS Department! He is glad they are here. Mayor Carpenter recognized Councilmember Edwards who complimented the great grand opening /ground breaking of the Kellum Medical Practice which will be opening here in Schertz. These events are great opportunities to just shake hands with members of the community and other folks and sell the attributes of our city. Mayor Carpenter stated that he will work on some ideas for our discussion for reviewing our rules of procedure for next time. 13. Information available in City Council Packets - NO DISCUSSION TO OCCUR ® Update information from the Committee of Committees Advisory Commission (CCAB). (B. James /S. Gonzalez) ® Update information regarding the Movin' on Main event. (B. James /S. Gonzalez) ® Summary of Facilities Master Plan Study. (D. Wait) Adjournment As there was no further business, Mayor Carpenter adjourned the - meeting at 10:31 p.m. David Scadiola,Mavor Pro-Tern ATTEST: 05 -01 -2018 Minutes Page - 11 - Rfencl'a Dennis—, City Secretary 05-01-2018 Minutes Page -12 - MINUTES REGULAR MEETING August 28, 2018 . A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 28, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Bert Crawford Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Councilmember Kiser was absent. Call to Order — City Council Regular Session Mayor Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Cedric Edwards Acting City Manager Brian' James Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis Mayor Carpenter called the regular meeting to order at 6:01 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Larson) Before the prayer, Councilmember Larson read an excerpt from the late Senator John McCain's farewell message as a reminder of why he (and so many others) serve in the public capacity of ail elected official. Councilmember Larson continued afterwards with the opening prayer, followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Thursday, August 30th TML Region 7 Dinner Meeting 5:30 pin (dinner served at 6:30 pmt Seguin Public Library. Please see the City Secretary's Office for more information. Monday, September 3rd City Offices Closed In Observance of Labor Day 08 -28 -2018 Minutes Page - 1 - Tuesday, September 4th and 11' City Council Meeting 6:00 pm Council Chambers Thursday, September 13th Northeast Partnership Meeting 11:30 am Olympia Hills Golf Course and Conference Center Friday /Saturday, September 101 and 15th Schertz Q, Pickrell Park Annual BBQ Cook -off, live music, carnival, family zone, fireworks, and more -0 Announcements and recognitions by the Acting City Manager (B. James) No announcements were made. • Announcements and recognitions by the Mayor. (M. Carpenter) No announcements were made. Hearing of Residents Mayor Carpenter recognized the following who spoke: • Ms. Mary Whitfield Burk, 3737 Pebble Beach, who thanked Council for approving the recommendation of naming the city's latest park after her. At the park's opening, she had three generations of family in attendance; everything was designed in good taste. She also thanked Council for restoring the caboose (train) on Hwy 78. Lastly, she once again thanked everyone who voted for her as a namesake for the newest park. • Mr. Brandon Zuercher, 119 Hollering Pass, who spoke about short and mid term rentals. He is currently in the Air Force and working at Randolph AFB. For clarity, he stands before them tonight as a resident/taxpayer and does not represent the Air Force on this matter in any way. He feels short-term rentals are de- stabilizing to neighborhoods, do not promote a sense of community nor do they promote normal neighborhood interactions. He provided several examples, some of which violate city ordinances. Examples are in regard to illegal parking, code violations (unkempt lawn, irrigation waste), house values, -etc. He asked Council to consider passing laws regarding this matter. • Mr. Pat Connelley, 9116 Trail Stem, who referenced Section 90.142 Definition Single Family Residence means single family dwelling unit authorized under the City zoning regulations. He stated the previous speaker was correct when he stated the Air Force provides housing for their members. He asked Council to look into this problem. • Mr. Ryan Wolff, 11902 Hollering Pass, who also spoke on the short-term rental problems . and stated it is a safety /environmental issue. The structures are not designed for an 08 -28 -2018 Minutes Page - 2 - occupancy load of this nature. The Fire Codes are addressing this and it is a life safety concern. He also spoke about the parking problems. He asked Council to address it. Ms. Alicia Casiano, 12308 Lattice Cove, who also spoke against the allowance of short term rentals in the city neighborhoods zoned as single family residential. She spoke about the city goals listed on the website, protecting local quality of life. The owners of the short term rental properties are ignoring the goals and vision of the city and pay no mind to the restrictions in place. Allowing them to ignore the current ordinances is setting a dangerous precedent. One of these homes has already had multiple police visits. They increase noise and traffic. These establishments will not preserve and protect local quality of life. • Ms. Lea Jacobson, 8518 Ivy Curl, who spoke about her choice to live in the city since 1995. She asked Council to regulate the short-term rental business by allowing it only in certain areas of the city. She stated Austin is working to strengthen short term rental restrictions and ' outlaw it in certain neighborhoods. They are increasing in popularity. However, her neighborhood, The Crossvines, is a single neighborhood area and they would like to keep it that way. Mr. Dusty Cole, 11931 Hollering Pass, who spoke of living next to a rental with 7 or more individuals /cars from different states, etc. There is a constant stream of strangers and parking issues. He read the definition of a single- family residence. He also spoke of parking and the problems with irrigation flooding the lawns and walkways. Sprinklers run morning through evening every day of the week. How are they to be protected from the constant stream of strangers, noise, and other nuisances? They do not abide by the rules the other residents abide ,by. He asked Council to protect the local residents. Joe Hoffer, 9319 Winding Bloom, a practicing attorney in San Antonio. He spoke on behalf of about 8 of his neighbors. This is about enforcing the zoning ordinances of the City of Schertz. This is about enforcing the rules and about waiver. There are quality declarations, covenants, deeds and restrictions that are very specific and do exclude this type of use. However, the HOA is limited and can't act fast. The zoning ordinances can act quicker. He is asking the city to enforce these ordinances and help the residents. This is not about the Air Force personnel, it is about you can't waive the declarations and restrictions that are the law. If the zoning ordinances need to be strengthened, then do so. Our restrictions and declarations have the correct language in them so it should be enforceable. Lastly, it is a community /neighborhood safety issue. Mr. Brent Bolter, 2633 Cloverbrook Lane, who stated rumor has it that there was a finding on the legality of the recording that was done on a conversation between the Mayor and a Councilmember and he was trying to get a confirmation of `true or not true'? He just wanted to re -state his feelings that the recording was unacceptable and not honorable. It is underhanded, -it is politics, it is down in the gutter. Even if it is eventually found to be legal, it was completely out of line. He will speak later in the evening during the Public Hearings on the budget matter. 08 -28 -2018 Minutes Page - 3 - Workshop ® Discussion regarding Short and Mid -Term Rentals. (B. James /L. Wood/B. Cox) Mayor Carpenter recognized Senior Planner Bryce Cox who stated on May 1, 2018 City Staff gave a presentation and workshop on short term rentals to City Council. The outcome of the May 1, 2018 workshop was for staff to monitor this issue and return to council if there was a change. At the time, the focus was on short term rentals which generally are defined as any rentals that are for periods of less than 30 consecutive days to an occupant, typically in a residential home. They may or may not be owner- occupied. This concept has become increasingly popular and is supported by multiple booking websites such as Home Away, VRBO and Air B &B. Short-term rentals are required to pay hotel occupancy tax (HOT). The City's Unified Development Code (UDC) does not make reference to short -term rentals and the interpretation that staff has taken toward short-term rental of residential houses is to consider it a one family dwelling land use as the home is being used in the same or similar way to how it would be used if it was owner occupied. Staff has received a complaint related to one short-term rental and several complaints on 2 mid -term rental properties. Both short-term and mid -term rentals do not appear to be prevalent within the City. The mid -term rental specific complaints have been toward properties being rented as "PIT" pads which are intended to be used for pilots in training at Randolph Air Force Base. These rentals are typically greater than a month but less than 6 months. Additionally, the homes that have been reported appear to be leased per bedroom as opposed to renting the entire property. The City's UDC has a definition for a Boarding House which is defined as: Boarding House - A building other than hotel, motel, or an apartment hotel where, for compensation and prearrangement for a definite period, meals or lodging and meals are provided for three (3) or more persons, but not exceeding twenty (2 0) persons. A boarding house however is not referenced in the permitted use table in UDC Sec.21.5.8. The interpretation that staff has taken is to consider these mid -term rentals as a one family dwelling land use as the home is being used in the same or similar way to how it would be used if it was owner occupied. General concerns included in complaints received by staff include: 1) Amount of people, 2) Lots of cars parked in the road, 3) Blocking driveways or sidewalks, 4) Trash and debris, 5) Decreased proper values. What is next? At this time, it appears to be a relatively isolated issue and it is staff's understanding for the property area with the most complaints (Crossvine) that the HOA is currently addressing the issues. Staff will continue to monitor short and mid -term rental 08 -28 -2018 Minutes Page - 4 - activity and keep City Council updated. Meanwhile, staff is seeking direction from Council. Mayor Carpenter asked City Attorney Dan Santee if their office could educate Council on what state law says and what we can or can't do as a municipality and what they see that other cities are doing -- in the next meeting or two. He is also going to ask his state representative and state senator to find out if the state legislature is going to take some action that will give us some uniform direction. He encouraged all councilmembers to do the same. Mr. Cox addressed questions and comments from Council. Mayor Carpenter moved to agenda Item 18. 18. Ordinance No. 18 -S -29 — Conduct a public hearing and consideration and/or action PH approving an Ordinance regarding a request of a Specific Use Permit and associated conceptual site plan to allow a Convenience Store with Gas Pumps on an approximate 0.93 -acre site. The property is more specifically described as Lot 6, Block 1 of the Tri- County Business & Industrial Park Unit IA Subdivision; City of Schertz, Guadalupe County, Texas; located at 1750111135. First Reading (B. James/L. Wood/E. Grobe) The following was read into record: ORDINANCE NO. 18 -S -29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS AT 1750111135, SCHERTZ, GUADALUPE COUNTY, TEXAS Mayor Carpenter recognized Planner I Emily Grobe who stated the property ownef is requesting approval of a Specific Use Permit and associated conceptual site plan to allow a convenience store with gas pumps, on an approximate 0.93 acre lot located at 17501 IH 35 and more specifically described as Lot 6, Block .1 of the Tri- County Business & Industrial Park Unit lA Subdivision. The proposed development includes a 3,150 square foot convenience store with six (6) gas pumps (7- Eleven), and a 966 square foot car wash. The subject property is currently developed as a fast food restaurant (Jack -In- the -Box). The owner is proposing to demolish and develop the new building, gas canopy, and car wash. Access to the site will be through three driveways, two that are existing drives (one located off FM 3009, and one. located on 1113 5 frontage road) and one proposed drive (located off the shared access easement to the rear of the proposed building). The subject property is currently zoned General Business (GB). The City's Unified Development Code (UDC) includes Table 21.5.8 Permitted Uses, which identifies different land uses that are permitted within each zoning district. The General Business (GB) zoning district permits convenience stores with gas pumps, subject to approval of a Specific Use Permit. Specific Use Permits allow for discretionary approval by City Council for uses with unique or widely varying operating characteristics or unusual 08 -28 -2018 Minutes Page - 5 site development features. Approval of a Specific Use Permit authorizes a property owner to submit subsequent development applications. On August 8, 2018 the Planning & Zoning Commission recommended approval of the project. A public hearing notice was published in the San Antonio Express ,News on August 13, 2018. ' Prior to the Planning & Zoning Commission meeting, nine (9) public hearing notices were mailed to surrounding property owners. Staff has received one response in favor of the development and no responses opposed or neutral to the request. The subject property is adjacent to an existing convenience store with gas pumps immediately to the west, existing fast food restaurant to the north across a shared access easement, and FM 3009 right of way to the east, and IH 35 frontage road to the south. Additionally, across the FM 3009 right of way is another convenience store with gas pumps. This property and all adjacent properties are designated for commercial uses and zoned General Business (GB). The comprehensive land use plan identifies this area as Commercial Campus which is intended for lower intensity commercial and office uses between major intersections as a buffer between the highway and the adjoining neighborhoods. The proposed convenience store with gas pumps is a land use that is compatible with the existing convenience store with gas pumps, restaurant, and right of way land. The Planning and Zoning Commission conducted the public hearing on August 8, 2018 and offered a unanimous recommendation of approval. Ms. Grobe went over the landscaping proposal, store structure, number of parking spaces, canopy and proposed drive area. Staff recommends approval in accordance with P &Z Commission's recommendations. Ms. Grobe introduced the applicant representative, Ms. Karen Mitchell from Mitchell Planning Group, LLC. who provided a short presentation to Council showing the proposed site redevelopment. She provided some background information on the company (7- Eleven) which is an established widely known corporation. They are also getting into the E- Commerce business where you download an app and can have a product delivered to you. She also provided information on the `Hill Country' design of the building/Canopy and the added landscaping design. The company is known for designing it's merchandising plan specifically to the community it is located in. Mayor Carpenter opened the public hearing and recognized the following individuals: Mr. Dana Eldridge, 2628 Gallant Fox Drive who stated we already have a lot of convenience stores (Valero), plus Walmart, and HEB. He suggested another location for this applicant. He also feels the landscaping can become an `overgrown' problem and you just don't need two gas stations next to each other. Mr. Robert Brown, 2800 Berry Patch, who stated he also feels it is a bad spot due to the merge lane coming off FM 3009 East. This is already a traffic problem area. 08 -28 -2018 Minutes Page - 6 - Mr. Daniel Ortega, 2724 Poplar Grove, who stated he respectfully disagrees with the two prior speakers. Seven - Eleven is a national company who has done their analysis on that place. He agrees it could potentially cause some traffic problems, however, if the analysis checks out, it will be okay. He thinks the landscaping is a good idea if it is maintained. Mr. Pat Connelley, 9116 Trail Stem, who stated the pictures showed mature trees in the front island. In front of that area are power lines and telephone lines. In regard to the digital delivery, HEB is already doing the same thing. Mr. Brent Bolter, 2633 Cloverbrook Lane, who stated based on our past zoning battles and in light of the Evo situation and people being upset in Cibolo, he has become aware of if a property owner wants to sell a property and all the approvals are done, basically they say here you go, buy it and then they do their thing. What he heard tonight was there are three other entities (fast food entities) interested in this same property. What he believes he heard is they are not going to require any approvals. To him then, it boils down to do you want another fast food place there, because they will not need to go before anyone else for approval. They will go in, do their thing and tweak the property a bit and that is it. Ms. Monica Harris/Kreiser, 11909 Trail Hollow, who stated when her and her husband came in this evening they did not know half of what was happening in their community. Their homes and community are beautiful but when this investor bought the homes in their community where the majority of them served in the military and worked hard to own homes as beautiful as they are, it is a slap in their face. We all have to follow the rules. Mayor Carpenter pointed out this public hearing is for Item 18 only. As no one else spoke, Mayor Carpenter closed the public hearing for Council Comments. Council had several comments and questions involving, the sign replacement, dumpster location, drainage near the FM 3009 driveway entrance, car wash stacking space, tree landscape design, the role of Council in this decision and business investment concepts. Mayor Carpenter recognized Councilmember Larson who moved seconded by Councilmember Gutierrez to approve Ordinance No. 18 -5 -29 on first reading. The vote was 4 -2 -0 with Mayor Pro -Tem Scagliola and Councilmembers Davis, Gutierrez, - Larson voting for and Councilmembers Edwards and Crawford voting no. Motion Passed. Councilmember Kiser was absent. Consent Agenda Items Mayor Carpenter recognized Councilmember Crawford who requested agenda item 11 be pulled for separate action and he also mentioned that regarding item 3 the appointment to the Economic Development Corporation that Mr. Daniel Ortega was in the audience this evening. Minutes — Consideration and/or action regarding the approval of the minutes of the Special Retreat meeting of August 3, 2018 and the minutes of the Regular meetings of August 7, 08 -28 -2018 Minutes Page - 7 - 2018 and August 14, 2018, and minutes of the Special Community Budget meetings of August 16, 2018 and August 22, 2018. (B. Dennis) APPROVAL OF THE FOLLOWING MINUTES: 1. SPECIAL RETREAT MEETING —AUG. 3, 2018 , 2. REGULAR COUNCIL MEETING — AUG. 7, 2018 3. REGULAR COUNCIL, MEETING —AUG. 14, 2018 4. SPECIAL COMMUNITY BUDGET MEETING — AUG. 16, 2018 5. SPECIAL COMMUNITY BUDGET MEETING —AUG, 22, 2018 2. Ordinance No. _18 -T -28 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2017- 2018 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (B. James /J. Walters) The following was read into record: ORDINANCE NO. 18 -T -28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 3. Appointments to the various City Boards, Commissions and Committees — Consideration and/or action appointing Mr. Daniel Ortega to the Economic Development Corporation Board. (B. Dennis/Mayor- Council) APPOINTMENT OF MR. DANIEL ORTEGA TO THE ECONOMIC DEVELOPMENT CORPORATION. 4. Resolution No. 18 -R -88 — Consideration and/or action approving a Resolution authorizing an agreement for Management Services between the City of Schertz and the Schertz- Seguin Local Government Corporation. (D. Wait/A. Cockerell/A. Briggs- Beard) The following was read into record: RESOLUTION NO. 18 -R -88 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION WITH SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH 08 -28 -2018 Minutes Page - 8 - 5. Resolution No. 18 -R -111 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement between the City of Schertz and the Drug Enforcement Administration for two Task Force Officers. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 18 -R -111, A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AGREEMENTS WITH THE DRUG ENFORCEMENT ADMINISTRATION, AND OTHER MATTERS IN CONNECTION THEREWITH 6. Resolution No. 18 -R -112 — Consideration and/or action approving a Resolution authorizing a Memorandum of Understanding between the City of Schertz and the Children's Advocacy Center of Comal County, Inc. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 18 -R -112 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AGREEMENTS WITH THE CHILDREN'S ADVOCACY CENTER OF COMAL COUNTY, INC., AND OTHER MATTERS IN CONNECTION THEREWITH 7. Resolution No. 18 -R -113 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement between the City of Schertz and the Guadalupe County Attorney in reference to the disposition of seized property and contraband. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 18 -R -113 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE GUADALUPE COUNTY ATTORNEY, AND OTHER. MATTERS IN CONNECTION THEREWITH 8. Resolution No. 18 -R -115 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an Interlocal Agreement between the City of Schertz and the Texas Department of Public Safety; Disposition Services, Law Enforcement Support Office for the acquisition of surplus property. (D. Wait/M. Hansen) The following was read into record: 08 -28 -2018 Minutes Page - 9 - RESOLUTION NO. 18 -R -115 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING INTERLOCAL AGREEMENTS WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE ACQUISITION OF SURPLUS PROPERTY, AND OTHER MATTERS IN CONNECTION THEREWITH 9. Resolution No. 18 -8116 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing expenditures with Motorola totaling n.o more than $85,000 for communication equipment during the 2017 -2018 Fiscal Year and other matters in connection therewith. (D. Wait/K. Long) The following was read into record: RESOLUTION NO. 18 -R -116 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH MOTOROLA TOTALING NO MORE THAN $85,000.00 FOR COMMUNICATION EQUIPMENT DURING THE 2017- 2018 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH 10. Resolution No. 18 -R -117 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing additional expenditures with Ford Engineering, Inc. in a total project amount not to exceed $60,013 for design, bid, and construction Phase Engineering Services for the FM 1103 Water.and Waste Water Line Relocation Project in advance of the FM 1103 Road Widening Project. (D. Wait /J. Hooks) The following was read into record: RESOLUTION NO. 18 -R -117 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES WITH FORD ENGINEERING, INC., IN A TOTAL PROJECT AMOUNT NOT TO EXCEED $60,013 FOR DESIGN, BID, AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE FM 1103 WATER AND WASTE -WATER LINE RELOCATION PROJECT IN ADVANCE OF THE FM 1103 ROAD WIDENING PROJECT. 12. Resolution No. 18 -R -119 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a program and expenditures as provided for in the Performance Agreement between the City of Schertz Economic Development Corporation and Titan Lookout LLC. (B. James/K. Kinateder) The following was read into record: 08 -28 -2018 Minutes Page -10 - RESOLUTION NO. 18 -R -119 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROGRAM AND EXPENDITURES AS PROVIDED FOR IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (THE "SEDC ") AND TITAN LOOKOUT LLC (THE "COMPANY"); AND OTHER MATTERS IN CONNECTION THEREWITH 13. Resolution No. 18 -R -120 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Acting City Manager to enter into an. agreement for the purchase of in- car/body worn video systems. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 18 -R -120 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF IN-CAR / BODY WORN CAMERA SYSTEM BUNDLES AND ESTABLISHING A MAXIMUM NOT TO EXCEED PURCHASE AMOUNT OF $121,600 FOR FISCAL YEAR 2017/2018 AND OTHER MATTERS IN CONNECTION THEREWITH. Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Crawford to approve consent items 1 -10, 12 & 13. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards and Crawford voting for and no one voting no. Motion Passed. Councilmember Kiser was absent. Discussion and Action Items 11. Resolution No. 18 -R -118 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Acting City Manager to submit a proposal to JBSA Randolph for Ambulance Services. (D. Wait /J. Mabbitt) The following was read into record: RESOLUTION NO. 18 -R -118 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO SUBMIT A PROPOSAL TO JBSA- RANDOLPH FOR AMBULANCE SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH 08 -28 -2018 Minutes Page - 11 - Mayor Carpenter recognized EMS Director Jason Mabbitt who stated they have been observing this for about one year watching for the RP to go out. The cost they are submitting will cover six paramedics, an ambulance and all associated equipment for the ambulance. This would be the sixth ambulance for the city that could also respond off base to any place in our service area. It is a huge benefit for us. Councilmember Crawford pointed out that we have to be equipped to handle two calls simultaneously at the base. Mr. Mabbitt said all the ambulances back each other up so if a second call comes in they will send the next closest unit to the base. Acting City Manager Brian James stated that just to be clear, they will not be housing an ambulance at Fire Station No. 3, at least not in the beginning. Mr. Mabbitt stated the units back each other up from Schertz, Marion, Live Oak, Universal City, etc. They answer about 300 calls per year on base. The contract requires a response time of within 12 minutes. He does not see a problem with that. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve Resolution No. 18 -R -118. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards and Crawford voting for and no one voting no. Motion Passed. Councilmember Kiser was absent. 14. Ordinance No. 18 -M -30 — Consideration and/or action approving an Ordinance amending the City Council Rules of Conduct and Procedure related to the appointment of the Mayor Pro-Tern Position. First Reading (B. Dennis/Mayor- Council) The following was read into record: ORDINANCE NO. 18 -M -30 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AND AMENDING CITY COUNCIL, RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE No discussion between Councilmembers was held on this item. Mayor Carpenter recognized Councilmember Crawford who moved seconded by Mayor Pro -Tem Scagliola to approve Ordinance No. 18 -M -30 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, and Crawford voting for and no. one voting no. Councilmember Kiser was absent. Motion Passed. 15. Ordinance No. 18 -M -31 - Consideration and /or action approving an Ordinance amending the City Council Code of Ethics related to the procedure for conducting inquiries. First Reading (B. Dennis/Mayor- Council). 08 -28 -2018 Minutes Page -12 - The following was read into record: ORDINANCE NO. 18 -M -31 AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY COUNCIL CODE OF ETHICS; AMENDING SECTION 3 PROCEDURE FOR CONDUCTING INQUIRIES REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE No discussion between Councilmembers was held on this item. Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Larson to approve Ordinance No. 18 -M -31 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, and Crawford voting for and no one voting no. Motion Passed. Councilmember Kiser was absent. 16. Public Hearing on Proposed Budget for FY 2018 -19 — Conduct a public hearing PH regarding the adoption of the FY 2018 -19 Budget. (First required public hearing) (B. James /J. Walters) Mayor Carpenter recognized Finance Director James Walters who provided a short PowerPoint presentation on both the budget and the tax rate proposal, answering or addressing any questions from Council. Councilmember Edwards left the meeting at 7.47p.m. Mayor Carpenter opened the public hearing and the following individuals spoke: Mr. Brent Bolter, 2633 Cloverbrook Lane, who stated there had been talk about cutting some items or programs from the budget. He feels there are some things that could be cut, such as Shred Day. In regard to the cost of the magazine ($100K) he thinks there are other options out there that would cost less money. However, just by cutting a few items from the budget will not get us where we need to be. He feels there is a need to raise the tax rate to get where we need to be. Also, he prefers the city take money out of his pocket rather than the state or federal governments. At the city level, he can at least see differences and results. He questioned the money we are spending on parks versus streets. Then he would like to see some results from the city on what the tax money is going for. He also asked about the disabled vet exemption; this was an eye opener. He is 20 percent disabled but he still pays some taxes on the property he owns. Mr. Daniel Ortega, 2724 Poplar Grove, who encouraged Council to take a good look at what the things are that we really need to operate the city. A park is a `want' not a `need'. We need a true assessment of what needs we have. People generally do not want higher taxes. 08 -28 -2018 Minutes Page - 13 - Property values continue to go up. He is not necessarily against a tax hike; however, he would like for Council to take a good hard look at everything. Mayor Carpenter closed the public hearing and moved to Item 17 of the agenda. 17. Public Hearing on Proposed Tax Rate – Conduct a public hearing regarding the adoption of the FY 2018 -19 Tax Rate. (First required public hearing) (B James /J. Walters) PH Mayor Carpenter recognized Finance Director James Walters who introduced this item stating the proposed tax rate is listed on the public notice and is $0.5146. Mayor Carpenter opened the public hearing, and as no one came forward to speak he closed the public hearing. Mayor Carpenter recognized Councilmember Larson who stated he actually had a formal presentation to make and went down to the podium. His presentation included the grouping of the following WANTS and NEEDS in our lives: Economic Needs —i.e., Housing costs, Public Safety (Police, Fire, EMS), Roads, School Supplies Economic Wantsi.e., Vacations, Free (document) Shredding, New Parks /Trails, Paper (Schertz) Magazine, Retirement, Kids College Fund, Chiropractor Visit Which wants are more important? The next topic was `Scarcity'.. The world has limited means to meet unlimited wants, so we must always make choices. His research produced the following data: • Schertz Median Income, $72,463 • Schertz Median New Home, $260,000 • Average monthly mortgage payment, $1,929 • Median age, 36 years • People per household, 2.92 According to his calculations, the total monthly income is around $5,012, total fixed expenses, about $4,985, leaving a difference left over of $27. A $100 annual increase in city property taxes can consume 30% of a family's discretionary budget. In 2017 the average percentage value change on appraisals was 40.07% (according to SA Express News). A new home buyer will see their property tax obligations increase by 127% before they pay off their home. Over the 30 -year mortgage period you will pay the government more than the price you paid for the home. $316,158 vs. $260,000. It will also impact renters more. He feels there should be more focus on roads and our parks are not maintained to the level we would like. The solution: 1) spend less money on parks /recreation, 2) spend more money on roads. He provided a chart of the funds spent on parks by Cibolo, San Antonio, Universal City, and Schertz. Schertz was the highest at $68 /person. Our Parks Department 08 -28 -2018 Minutes Page - 14 - is spread way to thin and cannot keep up with the maintenance they need. His proposals are: • Eliminate Shred Days $10,000 • Close one of the three pools $$150,000 • Stop free lunch for non - residents (Senior Center) $40,000 • Make Schertz Magazine 100% digital $115,000 • Reduce the number of parks • Stop adding new parks He feels we should keep the tax rate where it is and make some hard decisions about how we think about parks. Focus on a few and have the rest as greenspaces. Mayor Carpenter recognized the following who provided their comments /questions: Councilmember Crawford, who pointed out that Item 2 of the current agenda is to move some un -used funds from the vacant Assistant Parks Director position to the pedestrian routes and bike lane project fund. Councilmember Crawford spoke about taxes and appraisals increasing in his own private life which will affect future choices he also needs to make. Councilmember Gutierrez spoke about the city's. businesses. With the proposed rate the city businessowners will pay $5,146 per million on their property tax. It has been stated our businesses are paying 51% of our tax liability, which is $6.6 million. Also, manufacturers and industrial businesses account for 79% of our sales tax ($6.5 million). A total of $15 million— businesses account -for over 50% of the entire city budget. When we talk about property tax, we tend to overlook this. If there were no city businesses, our tax liability would be .8643 cents per household compared to the .5146. The economic impact these businesses have on our community is impressive and sometimes overlooked. Growth occurs when new money enters this community. However, a tax liability that is set to high can deter new development. Next year he would like to see what our businesses have to say about proposed taxes. He also spoke about the tax rate and the city's debt liability /payments and the needs of the city and residents. Mayor Pro -Tem Scagliola stated he voted against the .5146 rate; to approve it removes any further incentives to look for more saving options. He supports Councilmember Larson in a lot of things he says we can cut. He liked it when the city adopted a 5 -year budget plan. However, he didn't see it aligning with a spending needs cycle. Where is the focus? Quality of Life? Focus on infrastructure, wages? Where are we putting our emphasis? We have to make tough choices. How much more can we cut? There are more things that are still doable. Councilman Davis stated he agrees with a lot of the concepts brought forward by Councilman Larson. However, he also looks at the big picture. In the past five years the tax rate has gone down in the city. If we had kept the tax rate at what it was just five years ago and maintained that rate, the conversations we are having now probably would not exist. Last year he was a big advocate for asking staff to present a budget that was for what they 08 -28 -2018 Minutes Page -15 - think the city needs. He has several concerns. Costs go up every year for everybody and we need a budget to address that. We have to be aware of our revenues and what can be brought in and how to use it to our advantage. He agrees with Councilmember Larson that there are things we can have discussions about. He liked the idea of converting the pools to splash pads -it would be a good discussion to have — however it would be costly, $150,000 and there would still be operating and maintenance costs. He spoke of the neighboring cities but said they need to still look at what is best for Schertz. He spoke about our past tax rates and said he still thinks it is time for a small adjustment and look at reducing the ratio of our I &S to our M &O. However, we will never be debt free. He doesn't know of any other city that is. Councilmember Larson spoke again to clarify that he does not think this is a failure of city staff in any way. They have faithfully and exceptionally executed the guidance given to them by Council. He asked for the slides to be brought up again for what we could get with the different tax rates. He offered a challenge to his colleagues. He spoke of the item of a city `Parks Program Guide' at a cost of $15,000. Here is the challenge of having not enough money for basic maintenance in our parks, but yet we are allocating $15K towards printing some park guides? Here is where he wants to challenge Council, not staff. These types of situations need to be looked at - -does this really make sense? Councilmember Crawford asked Finance Director James Walters if he read the budget slides right, we have $81.3 million for FY 2018 -19 with the proposed tax rate of 0.5146 of which 33.5 of that is M &O and 47.8 million is interest sinking fund. Mr. Walters replied that out of the $81 million budget $33.5 million is the general fund -42% of which is funded from the property taxes and then the I &S portion is $6.6 million. He supplied a chart of the Budget percentages. Mr. Crawford's other comment for council was that if we don't fix some of these things that need to be fixed, they will only get more expensive. He is unsure how much needs to be cut and what needs to be cut. To his fellow council-members he wants to know what are we trying to say? Acting City Manager Brian James spoke saying council comments this evening have been very accurate and on- point. Staff feels that continuing to do business as in the past is not sustainable. Fundamentally, it is about what kind of community do we want and what are we willing to pay for? Some communities say they want a lower tax rate and fewer wants or reduced needs. Other communities say we don't want to just focus on what we need. Inherently, it is a balancing act. Communities are very diverse. Staff has probably not been totally clear with council in the past about some of the challenges the city is facing. The focus of this budget has been on maintenance of existing facilities. We are a fairly lean staff and tend to work our people hard. Staff can probably be more optimistic with our revenue projections and in finding savings throughout the year. However, he cautions that this is well and good only until it is not well and good anymore. Staff is looking for direction here and it is their job to come up with a list of cuts but would like guidance on what these items would be. We have had a significant depression of our revenues over the years and only a portion of that is made up in this year's proposed tax increase. Staff will continue to look for more efficiencies. The proposed tax rate for this 08 -28 -2018 Minutes Page - 16 - year will hopefully allow us to provide the community with want they want in regard to needs and wants. Councilmember Crawford spoke briefly about how we changed our direction/focus around 2011 to be the community we wanted to be. Mr. James added that if council approves this proposed tax rate it does not mean we go on a spending spree, but rather we start catching up on some needs and break the cycle of getting further behind. Mayor Carpenter commented that taxes have increased regularly in the past seven years due to the rise in property appraisals, not by raising the rate. Councils before and after all of us have had these same conversations and struggles each year. There is no perfect answer. What has been constant for Schertz has been the growth —since 1958. He thanked Council and complimented them for their dialog and effort and willingness to be open and frank with each other on this matter. He remind everyone that the state does require us to set a tax rate and we do not get to back away from that. We also do have to set our budget. As in the past, we have also generally done mid -year budget adjustments over time. He asked Council to set the rate and then we can enter into regular dialogue throughout the year in the way we spend our. money. He thanked Council one more time for their diverse discussions and gallant efforts performed with respect and restraint. Acting City Manager Brian James provided a brief explanation of how staff develops the budget, establishes it, recommends the rate, etc. Throughout the year, quarterly changes and redirection of funds can and generally are brought before council for approval. Councilman Larson still expressed his concerns regarding setting a tax rate now and then deciding where we spend that money later. He feels Council still has not given the.. appropriate direction to staff to make the difficult choices staff has to make to have the needed amount of resources to work on city projects. Mayor Carpenter reiterated we must by state law set a tax rate and follow the dates given. However, the budget itself can still be adjusted throughout the year with Council approval. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Confirmation for agenda items 1 -18. Workshop Discussion and possible action regarding the City of Schertz Interview Committee. (B. Dennis) (Item requested by Council to be brought back) Mayor Carpenter stated that since there was not a full council present for this discussion that it be put back on for next week's discussion. 08 -28 -2018 Minutes Page - 17 - ® Presentation, discussion and direction regarding the Fall Council and HOA Presidents meeting. (B. Dennis) Mayor Carpenter recognized City Secretary Brenda Dennis who provided a brief PowerPoint presentation regarding the proposed upcoming September 18, 2018 City Council and HOA President's Special meeting answering questions and gathering information from Council. It was the consensus of Council to move forward with the recommendations that were presented and proceed with scheduling and setting up the meeting. Closed Session Mayor Carpenter convened into closed session at 9:30 p.m and stated they would take a five (S) minute recess before convening. 19. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 20. City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -044 Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 10:27p.m. 19a. Take any action based on discussions held in closed session under Agenda Item 19. No action taken. 20a. Take any action based on discussions held in closed session under Agenda Item 20. Requests and Announcements • Announcements by the Acting City Manager. No announcements were made. 08 -28 -2018 Minutes Page - 18 - • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests were made. • 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 No announcements were made. 21. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Update regarding recycling. • Pending informational items. Adiournment As there was no further business, Mayor Carpenter adjourned e meeting at 10:28 p.m. �K Zz'e Michael R.. Carpenter, Mayor ATTE-�T: BrendaDennis, City Secretary 08 -28 -2018 Minutes Page -19 - MINUTES REGULAR MEETING September 25, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 25, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Bert Crawford Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Call to Order — City Council Regular Session Mayor Pro -Tern David Scagliola Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Angelina Kiser Acting City Manager Brian James Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis Mayor Carpenter called the regular meeting to order at 6:01 p.m. Openine Prayer and Pledues of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Kiser) Councilmember Kiser provided the opening prayer followed by the pledges of Allegiance to the Flags of the United States and State of Texas. Prnclamatinn Proclamation recognizing Fire Prevention Week. (Mayor Carpenter/K. Long) Mayor Carpenter read and presented the proclamation for Fire Prevention Week to Fire Chief Kade Long and thanked him and his staff for their dedication to the city. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Saturday, September 29th Breakfast with the Blue 8:30 am —10:30 am Whataburger — 5570 FM 3009 This is an opportunity for the residents to get to know their neighbors and the police officers working in their community. 09 -25 -2018 Minutes Page - 1 - Star Party 7:30 pm —10:30 pm Crescent Bend Nature Park For more information, contact Schertz Parks and Recreation Department X1850. Tuesday, October 2 11 City Council Meeting Canceled to support National Night Out City Council arrive in the City Manager's Area at 5:30 pm to divide into teams and depart. Saturday, October 6th Dunkin' for Pumpkins 6:00. pm Schertz Aquatic Center Pre - registration required, X 1900. Sunday, October 7th Schertz 60th Anniversary Main Street 4:00 to 8:00 p.m. Dance and enjoy local food and refreshments, craft and retail vendors, photo booth, and the Settlers Corner with the Schertz Historical Preservation Committee. Bring the entire family out to the Family Zone featuring a tie -dye station, junk art competition, games, inflatables and more. Mingle with City Council and the Mayor while enjoying special anniversary cupcakes and handcrafted root beer. The evening will conclude with a fireworks spectacular! Monday, October 8th City Offices Closed in Observance of Columbus Day Tuesday, October 9th City Council Meeting Canceled to attend the Annual Texas Municipal Conference in Fort Worth Tuesday, October 16th Chamber Luncheon 11:30 am Schertz Civic Center Early Voting Begins October 22, 2018. Please see the city's website or contact the City Secretary's office for election locations, dates, and times. a Announcements and recognitions by the Acting City Manager (B. James) No announcements were made. • Announcements and recognitions by the Mayor. (M. Carpenter) No announcements were made. 09 -25 -2018 Minutes Page - 2 - Hearing of Residents Mayor Carpenter recognized the following who spoke: ® Ms. Liza Stockwell, 940 Eikel Street, New Braunfels and Mike Turner ,who addressed Council regarding the city's assistance in relocating the billboard along IH -35. TxDot has told them it has to be moved. Liza and Mike are requesting assistance in permitting the relocation of the sign. Acting City Manager Brian James stated that he would need to get with Lesa Woods or Bryce Cox with the Planning & Community Development Department. Mr. Ryan Wolff, 11 +902 Hollering Pass, inquiring on the status of what the City Council is going to do about the Pit Pads and short-term rentals. He stated this was discussed on August 28, 2018 at the City Council meeting and he is waiting to hear back from Council. .Consent Agenda Items 1. Minutes — Consideration and/or action regarding the approval of the minutes of the meeting of September 11, 2018. (B. Dennis) 2. Resolution No. 18 -R -129 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an Agreement with Arthur J. Gallagher and Co. to provide Health Care Insurance Broker Services. (D. Wait/J. Kurz/L. Cox) The following was read into record: RESOLUTION NO. 18 -R -129 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER, TO ENTER INTO AN AGREEMENT WITH ARTHUR J GALLAGHER AND CO TO PROVIDE HEALTH INSURANCE BROKER SERVICES AND OTHER MATTERS IN CONNECTION THEREWITH 3. Resolution No. 18 -R -128— Consideration and/or action approving a Resolution authorizing EMS Debt Revenue Adjustments, Utility Billing Debt Revenue Adjustments and Schertz Magazine Debt Revenue Adjustments for certain inactive outstanding receivables. (B. James /J. Walters) The following was read into record: RESOLUTION NO. 18 -R -128 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT 09 -25 -2018 Minutes Page - 3 - REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. 4. Resolution No. 18 -R -124 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement for funding assistance with the Schertz Housing Authority. (B. James) The following was read into record: RESOLUTION NO. 18 -R -124 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR FUNDING ASSISTANCE WITH THE SCHERTZ HOUSING AUTHORITY, AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 18 -R -130 — Consideration and/or . action approving a Resolution authorizing the purchase of an Animal Care Services Vehicle from Maplecrest Ford. (D. Wait/M. Bane) The following was read into record: RESOLUTION NO. 18 -R -130 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURCHASE OF AN ANIMAL CARE SERVICES VEHICLE FROM MAPLECREST FORD. Mayor Carpenter recognized Councilmember Gutierrez who moved seconded by Councilmember Edwards to approve consent items 1 -5. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Discussion and Action Items 6. Resolution No. 18 -R -131 - Consideration and/or action approving a Resolution by the Schertz City Council approving a bond resolution previously adopted by -the Board of Directors of the Schertz/Seguin Local Government Corporation authorizing the issuance of obligations designated as "Schertz/Seguin Local Government Corporation Contract Revenue Refunding Bonds, New Series 2018"; acknowledging that these obligations will be sold to Raymond Hilltop Securities Inc., as the authorized representative of a group of underwriters pursuant to the provisions of a purchase contract; ratifying, reconfirming, and readopting the provisions of a Regional Water Supply Contract executed between the City of Schertz, Texas, the City of Seguin, Texas, and the Schertz/Seguin Local Government Corporation; authorizing the Mayor, the City Manager, and the City Secretary of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas all documents in 09 -25 -2018 Minutes Page - 4 - connection with this transaction; and other matters in connection therewith. (B. James /J. Kuhn /M. McLiney /A. Freedman) The following was read into record: RESOLUTION 18 -R -131 APPROVING A RESOLUTION BY THE SCHERTZ CITY COUNCIL APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF OBLIGATIONS DESIGNATED AS "SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE REFUNDING BONDS, NEW SERIES 2018 "; ACKNOWLEDGING THAT THESE BONDS WILL BE SOLD TO HILLTOP SECURITIES INC., AS THE AUTHORIZED REPRESENTATIVE OF A GROUP OF UNDERWRITERS PURSUANT TO THE PROVISIONS OF A PURCHASE CONTRACT; RATIFYING, RECONFIRMING, AND READOPTING THE PROVISIONS OF A REGIONAL WATER SUPPLY CONTRACT EXECUTED BETWEEN THE CITY OF SCHERTZ, TEXAS, THE CITY OF SEGUIN, TEXAS, AND THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION; AUTHORIZING THE MAYOR, THE CITY MANAGER, AND THE CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF SCHERTZ, TEXAS ALL DOCUMENTS IN CONNECTION WITH THIS TRANSACTION; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Finance Director James Walters who stated the Council was briefed on a refunding for savings opportunity available to the Corporation on August 7t' by its financial advisor, SAMCO Capital Markets. This resolution ratifies the Corporation's Resolution adopted on September 20, 2018 authorizing the sale of the Corporation's bonds and delegating the Corporation's General Manager to act on behalf of the Corporation's Board to approve the sale so long as certain savings are met. This resolution authorizes the City's Mayor, the City Secretary and the City Manager of the City of Schertz to act on behalf of the City to execute the Purchase Contract and all other necessary documents at the time of the sale. Mr. Walters introduced Mr. Andrew Freedman, with SAMCO Capital Markets who provided a summary of assumptions of savings. Mr. Freedman addressed questions from Council. Mayor Carpenter concluded stating that it looks to be $831,490 percent savings by doing this. Mayor Carpenter recognized Councilmember Edwards who moved that the City Council approve a Resolution approving a bond resolution previously. adopted by the Board of Directors of the Schertz/Seguin Local Government Corporation authorizing the issuance of 09 -25 -2018 Minutes Page - 5 - bonds designated as "Schertz/Seguin Local Government Corporation Contract Revenue Refunding Bonds, New Series 2018 ", seconded by Mayor .Pro -Tem Scagliola. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 7. Ordinance No. 18 -S -34 -- Conduct a public hearing and consideration and /or action PH approving an Ordinance regarding a request for a Specific Use Permit and associated conceptual site plan to allow a Convenience Store and Gas Pumps on an approximate 2- acre site. The property is more specifically described as the south east corner of the intersection of FM 1518 and Maske Road, City of Schertz, Guadalupe County, Texas. First Reading (B. James/L. Wood/E. Grobe) The following was read into record: ORDINANCE NO. 18 -S -34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS AT THE SOUTH EAST CORNER OF THE INTERSECTION OF FM 1518 AND MASKE ROAD, SCHERTZ, GUADALUPE COUNTY, TEXAS Mayor Carpenter recognized Planner I Emily Grobe who provided information regarding this request stating on August 22, 2018 the Planning & Zoning Commission recommended approval of the project. A public hearing notice was published in the San Antonio Express News on August 29, 2018. Prior to the Planning & Zoning Commission meeting, five (5) public hearing notices were mailed to surrounding property owners. Staff has received no responses in favor of the development, no responses opposed of the development, and one (1) response neutral to the request. Ms. Grobe stated that the Owners and the Representative of the Owners were in the audience to address questions. Mayor Carpenter opened the public hearing and recognized Mr. Kevin Love, who stated he was available to answer any questions. As no one else spoke, Mayor Carpenter closed the public hearing and opened it up for Council questions. Staff addressed concerns from Council regarding the placement of the trash dumpster, does Randolph Air Force Base have any concerns with the location of the gas pumps, concerns on the number of trees that will be planted, hours of operation, security cameras, as well as other questions regarding flood plain issues. Mayor Carpenter recognized Councilmember Larson who moved seconded by Councilmember Kiser to approve Ordinance No. 18 -S -34 first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 09 -25 -2018 Minutes Page - 6 - 8. Temporary Crisis Leave Pool Policy — Discussion, consideration and/or action regarding approval of a temporary employee crisis leave pool policy. (B. James) Mayor Carpenter recognized Acting City Manager Brian James who stated currently, City of Schertz employees are provided paid vacation leave, sick leave, bereavement, etc. as per the Policy Manual. This includes.a sick leave pool. Staff is proposing for the City Manager, in conjunction with the Human Resources Department and City Attorney, to develop a Temporary Crisis Leave Pool. This program would generally allow the City Manager, upon the recommendation of the HR Department, to allow employees to donate vacation time to be used by another employee on an hour -for- hour basis. This would allow the employee to. take off up to four weeks off to deal with their situation and still be paid. The program would generally be cost neutral to the City as vacation time is paid out when an employee leaves the City. Mr. James addressed questions from Council regarding who the approval authority would be, hours donated, would hours be limited, would there be a cap on the time? Mayor Carpenter moved from the Chair seconded by Councilmember Crawford to approve the Temporary Crisis Leave Pool Policy. The vote was unanimous with Mayor Pro -Tem Seaghola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Confirmation for agenda items 1 -8 Workshop Discussion and possible action regarding the minute transcription style of the official City Council meetings. (Item requested by Councilmember Kiser) (B. Dennis) Mayor Carpenter recognized City Secretary Brenda Dennis who stated the time it takes to process the type of minutes we currently do (paraphrasing), for one person it takes two (2) days, if two people work on the minutes, it takes a full 8 hours. Note that if asked by Council and/or others to include "For the Record" this is where the verbatim information is processed. As a goal and to provide more efficiencies within the City Secretary's office, Ms. Dennis stated she would like to condense the minutes by going to action minutes as we have the DVD copies and currently keep them for five (5) years; we also now have our meetings available on our website via YouTube. She also stated that we can keep the DVD's as long as Council would like. 09 -25 -2018 Minutes Page - 7 - Mayor Carpenter recognized Councilmember Crawford who moved to accept the proposal of action minutes, keep the DVD's for five years and anything that is said "for the record" be included, seconded by Councilmember Kiser. Mayor Carpenter provided. his commentary regarding the minutes, stating they are very valuable as he has gone back to the beginning and is now up to 1982 reading the minutes. He expressed the following concerns: (1) if we only preserve the videos for five (5) years and this is what we were doing in 1970, there would be no way he could read the detailed minutes of what happened in 1973 when 2 councilmembers got up and walked out of a meeting and the sitting administrator was fired and they called someone up and brought them in and hired them as the City Manager, the same night. It is important to know those things. He stated that he couldn't support only holding on to the videos five (5) years. His request would be the following: (1) That we hold on to the DVD's as long as they are usable, until they degrade to the point they are no longer usable'. (2) That an electronic copy be kept on a server here locally in the city (storage space is very inexpensive now). (3) That they be continuously stored offsite, somewhere in the cloud; by the way, YouTube is in the cloud. Mayor Carpenter stated that someone needs to have the ability, if we stop having detailed minutes, 20 30 years from now, to be able to come back and watch this meeting or other meetings and see what was going on in these chambers. The maintenance of transparency with regard to historical preservation of what happens in these chambers in his mind is absolutely critical. He could not function as he does without the benefit of being about to go back and read all those minutes. He would ask the Council to consider these points. Mayor Carpenter recognized Councilmember Crawford who stated that he would like to modify his motion to state those three points above as the Mayor requested. Mayor Carpenter then stated he would read the requested points and Councilmember Crawford could state "so moved ". Mayor Carpenter read the following: (1) That DVD's shall be preserved until such time they are no longer viable for use (2) An electronic copy of all the City Council meetings be maintained on a server within the City's network; staff to have the opportunity to make the decision on how to do this. (3) That a copy of every City Council meeting be maintained in the Cloud, again leaving it to staff to decide, whether it be on YouTube or some other place. Councilmember Crawford stated, "so moved ", seconded by Councilmember Kiser. The vote was unanimous with Mayor Pro -Tent Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser, and Crawford voting for and no one voting no. Motion Passed. 09 -25 -2018 Minutes Page 8 - Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call vote for the workshop item. Closed Session Mayor Carpenter convened into closed session at 6:57 p.m. and stated they would take a five (5) minute recess before convening. 9. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 10. City Council will meet in closed session under Section 551.071 of the Texas Government Code, Consultation with the City Attorney regarding regulations within the Unified Development Code. Reconvene into Rel4ular Session Mayor Carpenter reconvened into regular session at 7:44 p.m. 9a. Take any action based on discussions held in closed session under Agenda Item 9. No action taken. 10a. Take any action based on discussions held in closed session under Agenda Item 10. No action taken. Requests and Announcements • Announcements by the Acting City Manager. No announcements were provided. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items were requested. ® 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 09 -25 -2018 Minutes Page - 9 - • Recognition of actions by community volunteers Councilmember Gutierrez mentioned he attended the Council/HOA meeting on the 180i and it was very well received. He thanked staff for getting this meeting put together. He stated he also attended the Rose Garden Elementary School Ribbon Cutting. Danville Middle School also held a Health and Wellness Fair and he thanked our Fire Department for attending. Lastly, this morning he attended he Schertz Hiring Fair and thanked the EDC Department Team for putting it all together. Councilmember Edwards also thanked the EDC Department for putting on the hiring fair. Last Sunday at the Journey Fellowship, he is unsure of what team responded, but who they responded to was a retired paramedic from Houston and he gave our Schertz team very high regards for great performance of their duties. Councilmember Crawford stated he attended the Council HOA meeting and thanked staff; it was very well attended. He also attended the Danville Elementary ribbon cutting ceremony. Mayor Carpenter stated that the meeting with the City Council and the HOA leadership representatives was exceptional. He thanked Councilmember Edwards for the request and idea and thanked City Secretary Brenda Dennis for making it a reality. He stated that these meetings will go on way after all of us are serving on City Council. It proved to be an extraordinary valuable gathering. Last week he also had the opportunity to attend the Austin - San Antonio Corridor Growth Summit put on by the Austin Business Journal and San Antonio Business Journal. Remarkable things are happening; we know them, we're here, we're on the corridor. The speaker talked about the mid and long -term projections for our area between San Antonio and Austin. We need to hold on for the ride; it's going to be pretty remarkable. Mayor Carpenter stated that he also was able to attend the TxDot State of TxDot luncheon last week in Live Oak, which was also extremely well attended. TxDot seems to be finding money to invest in building roads without tolls on them. 11. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Update information from the Committee of Committees Advisory Board. (CCAB). (B. James /S. Gonzalez) • Update information on the Texas Ambulance Supplemental Payment Program (TASPP) for EMS. (D. Wait/J. Mabbitt) • Pending informational items. 09 -25 -2018 Minutes Page -10 - Adjournment As there was no further business, Mayor Carpenter adjourned the meeting at 7:48 p.m. 'Michael R. Carpenter, Mayor AT�ES —Djj Br nda Dennis, City Secretary 09 -25 -2018 Minutes Page - 11 - �0411"'Nvjv February 5, 2019 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 5, 2019, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz; Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember David Scagliola Staff Present: Executive Director Brian James City Secretary Brenda Dennis I - Councilmember Ralph Gutierrez Councilmernber Cedric Edwards Councilmember Tim Brown k : I - INAMM WRIOWN01411 I I At _ M-I I I - I SRI 4111 VAN IVA= 0111 Mayor enter called the regular meeting (after a short delay for residents to arrive) to order at 6:06 p.m. United States and State of Texas. (Councilmember Larson) Councilmember Larson provided the opening prayer followed by the Pledges of Alle iance to the 91 Flags • the United States and State of Texas. A. Mayor Carpenter administered the Mayor Pro-Tem Oath of Office to Councilmember Allison Heyward. Councilmember Heyward requested to place her left hand on her Bible as she took her oath. 9 Proclamation recognizing the designation of February 2019 as Career and TechnolopH Education Month. (J. Kolbe) 71 Mayor Carpenter read and presented the Proclamation and the following were recognized to accept the proclamation: Amy Massey Career and Technical Education Coordinator, Gracie Lagasse with Samuel Clemens High School, Nyah Conrad with Steele 11 High School. Business Retention Manager J. Kolbe gave a brief overview of the program. 0 Proclamation recognizing Official Rodeo Season and Official Dress Western San Antonio Day. (Mayor Carpenter) 02-05-2019 Minutes Page - I - Mayor Carpenter read and presented the Proclamation to several Rodeo representatives and personnel who joined Mayor Carpenter for the proclamation. A representative from the Rodeo spoke about the many events/programs they participate in to support the youth of Texas. TV—f'1=,CT'TTIrLZ 10r MS 0tLZ5LdIIUIIIg Sel VIUU III Ult; 101t; US L11t; %-010-11ILLUC unair. kn. i amest E, Strong) Mayor recognized Schertz Historical Preservation Committee, Chair Elizabeth Strong who gave the committee's annual report and gave a moving tribute to Dean Weirtz for his outstanding contribution to their Committee. I I C-A'AYNAILS11 fill I'M N31911111 1111 1 f - I IM) IWAI 1149ki) MI 011 U-11 IRM I New Empligye gLR2Eggg11j2n Finance - Assistant Finance Director - Sandra (Babett) Martin Police - Police Officer - Adrian Zuniga Utility Billing - Meter Tech I - Jeremy Weaver The various city department supervisors provided a brief bio on each of their new staff members and introduced them to Council. Mayor/Council welcomed all the new employees to the City of Schertz team. EM-01M= City Manager Dr. Browne recognized Police Officer Jason Hanley and his Canine Medor for being recognized by the Principal of Ray Corbett Jr. High School for the Canine sweeps done at their school, his professionalism and the way he spoke to the students. City FTianager Dr. Browne recognized Police OL-er-Riwamw-l-',iruoir&-who-vvag recognized by a resident for lending a quick response in having a faulty speed trailer fixed in their neighborhood. City Manager Dr. Browne recognized Community Health Coordinator Tyler Bowker who was recognized by a resident for his selfless service in a moment of emergency. Tyler [t,erformed his duties professionally and with sincere regard for the patient. 02-05-2019 Minutes Page - 2 - I The following residents spoke passionately about the new development in the City ♦ San Antonio at Boenig and Graytown Roads. The consensus of the residents was to implore the City Council to take up a resolution in opposition to deal with the rezoning issue and be a voice for them. Daniel Ortiz — 112 E. Pecan S.A. TX 78205 —Representing the owner/developer provided highlights of a few of the underlying circumstances of the property being zoned. -Effe—ToUffo—w—ing residents Spoke conceffi—ng rff-T1W-FS7SWo-ff-T—errn Kentals and their desire for them ♦ NOT be in their residential neighborhoods. They expressed the many negatives these cause in their neighborhoods. Ryan Wolff — 11902 Hollering Pass Dusty Cole — 11911 Hollering Pass Mw Jamila Walker — 8764 Stack Stone Rose M. Hendrix — 3017 Turquoise The following spoke in favor of PIT PADS/Short Term Rentals and stated positives for their viewpoint. Dana Miess- 204 Schertz Parkway — Made a request (with handouts) for benches for the Elderly along Schertz Parkway. This would make their living experience more pleasant, safe, and active. She asks for the city to consider grants for this project. 02-05-2019 Minutes Page - 3 - Maggie Titterington — 1730 Schertz Parkway- Expressed her thanks for the City of Schertz's support for The Health & Wholeness Fair and spoke about the benefits of the event. jamila Walker — 8764 Stack Stone- Expressed concern for her property taxes and would like addressed. N 0 Workshop discussion/possible action regarding the zoning case in the City of San Antonio at Bocnig and Graytown (M Browne/B. James) "MMM041 I I'll *X61 R sit I 1630ZISJULM IIII 113. 01 . Lei V 01*11 10mej V 111VA8113 ow" V LM a IMS21ILL5,11 1111TY It, 1 101 (VIP, LI(V development. Councilmember Edwards discussed the "Profit Motive" in reference to the quantity/size of homes going Councilmember Scagliola discussed the "Responsibility" to oppose this development. Councilmernber Scagliola moved to approve the Resolution. IF MISS 1111 'i'l Mayor r -Tem Heyward discussed the Unimaginable Living situation for this development. Councilmem►er Larson requested clarification from Development Representative Daniel Ortiz/Executive Director of Development Brian James on the development. "Ultimately we do NOT have the right to perceived value of your property but have a right to the utility of your property." Can't support the Resolution. 02-05-2019 Minutes Page - 4 - Mayor Carpenter read a draft, he drafted, of the proposed Resolution and provided a copy to each Council Member. Councilmember Larson requested a few suggestions/corrections • the draft and Mayor Carpenter asked Councilmember Scagliola to re-state his motion to accept the changes per the Mayor's draft/corrcctions. (Resolution is attached to these Minutes) Mayor Carpenter recognized Councilmember Scagliola who moved seconded by Councilmember Edwards to approve Resolution No. 19-R- 18 as read by Mayor Carpenter with the changes noted by Councilmember Larson. The vote was 6-1-0 with Mayor Pro- Tern Heyward, Councilmembers Davis, Gutierrez, Edwards, Scag la and Brown voting for and Councitmember Larson voting no. Motion Passed. mm • to the Uniform Development Code (UDC). Questioned if the utility of people's properties is being impacted. 011111111ill jil Is li 14 Councilmember Brown stated We can't regulate people renting out their home, but we must protect the residential property owners. Councilmember Edwards -We need to continue with a dialogue with owners of PIT PADS and residential owners until a solution is reached. Councilmember Brown points out PIT PADS are businesses and not single-family residences and we need to protect the other property owners. Councilmember Davis —We need to pay due diligence to all situations such as PIT PAD's and Air BNB's in our current day and age and bring our codes up to date to address the issues at hand. Councilmernber Gutierrez remarked the main complaint with PIT PADS is it is a nuisance, not crime, violence, disturbances, or vandalism. Shouldn't we wait for the Courts decision *n this issue? Councilineinber Larson states we shouldn't regulate every complaint that comes in without considering the consequences. Mayor Pro-Tem Heyward — Is not comfortable with coming up with a code to tell people what to do with their property. 02-05-2019 Minutes Page Mayor Carpenter struggle seems to be everyone's right to quiet enjoyment of their property. Let's consider strengthening the ability to address the nuisances that have been created as a result of the property usage. Get this in front of Planning and Zoning for recommendations. Workshop discussion and direction regarding Schertz Magazine. (B. James/S. Gonzalez/L. Klepper) Mayor Carpenter recognized Public Affairs Director Linda Klepper who introduced th ite-tt�. & Public Affairs Director L. Klepper provided a Power Point regarding details past/present of The Schertz Magazine and answered and discussed concerns/questions/options from Council. Mayor Carpenter provided commentary about the positive effects our magazine has on our residents and businesses in the City of Schertz. Closed Session BE!= I "/,3MEr=,, 177,171h=7 14. City Council will meet in closed session under section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation: 1. Take any action based on discussions held in closed session under Agenda Item 14. No action taken. Mayor Carpenter moved back to City Events and Announcements. Citv Events and Announcements OMM 02-05-2019 Minutes Page Mayor recognized Police Chief Michael Hansen who provided the following announcements. February 7 1h The Northeast Partnership (NEP) Meeting from 11:30 to 1:00 at the Olympia Hills Golf and Conference Center. Saturday 9th the Nature Discovery Series - Discover What's Flying from 10:00 to 1 -00 at Crescent Bend Park 1111111111!31 1,sm= Workshop regarding a contract extension with Buffalo Valley Youth Association (BVY (B. James/L. Shrum) Mayor Carpenter recognized Parks & Community Services Director Lauren Shrum who introduced this item providing a brief PowerPoint presentation and addressing Council questions. It was the consensus of Council to move forward with an extension contract. Consent Agggda Items 11 111;1�gp!! �1!11 1 Minutes - Consideration and/or action regarding the approval of the minutes of the regular meeting of January 22, 2019. (B. Dennis) 714M mt, O-P. Ordinance No. 19-S-02 - Consideration and/or action approving an amendment of Part 111, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 4 Section 21.4.9 Designation of Landmark properties and heritage neighborhoods and Article 13 Section 21.13.3 B Definitions Substantial Improvement. (Final Reading) (B. James) fflfl�� 161MINTOWT41 WNUML=al III CEO] = flym 9 of I Wei 16TAKK01 flora I we]= V 1201 We] I IVAU12=164 son, I owl 11tv # 02-05-2019 Minutes Page 104TV4 mil I' I �M L 11 ►1 4. Resolution No. 19-R-16 — Consideration and/or action approving a Resolution authorizing the City manager to extend the contract of Jackson A&E Associates, Inc., the City's Owner's Representative for city construction projects. (M. Browne/B. James) 0 1010 tro V I I ate] V SWORIV-04-1 1 i 'A VAAMME V 5. Resolution No. 19-R-12 — Consideration and/or action approving a Resout recognizing the designation of Landmark Properties and Heritage Neighborhoods other matters in connection therewith (B. James) 0714 M64 I tj KKU"01 M WPM I *I I = 13 *3 1"kM111 I UUMU = WWI U kyj FAN %1A I'm W 114-9) W 01 1,114 91 02-05-2019 Minutes Page HERITAGE NEIGHBORHOODS AND OTHER MATTERS IN CONNECTION THEREWITH 6. Resolution No. 19-R-13 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, approving and authorizing Access, Drainage, Water, and Wastewater Easement Agreements through Lot I of the Wiederstein Ranch Subdivision from 1290 Entertaim-nent, LLC, and other matters in connection therewith (B. James/K. Woodlee) TIMS INTO R1 = -94, 7. Resolution No. 19-R-14 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, approving and authorizing a Water Easement Agreement across the Danville Middle School Property from Comal Independent School District. (B. James/K. Woodlee) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ9 TEXAS, APPROVING AND AUTHORIZING A WATER EASEMENT AGREEMENT ACROSS THE DANVILLE MIDDLE SCHOOL PROPERTY FROM COMAL INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH 8. Resolution No. 19-R-17 - Consideration and/or action approving a ResolutioD supporting certain Legislative initiatives regarding groundwater production aniO transportation. (M. Browne) TO= me, ,02-05-2019 Minutes Page - 9 - certain legislative initiatives regarding groundwater production atri transportation. Mayor . ►" recognized i r Davis i moved seconded by Councilmember Gutierrez to approve consent agenda items 1-8. The vote was unanimous with Mayor r -Tem Heyward, Councilmembers Davis, r Edwards, Scagliola and Brown voting for r no one voting r . Motion Passed. f; Ordinance r r: i 7 — Consideration an# i # approving • ii - authorizing a Reimbursement Agreement with SCH1103, LLC., for construction of water line extension associated with the development of the Schertz Retail Cent and establishing an effective date hereof. First Reading (B. James/J. Hooks) AN ORDINANCE i OF OF .' TEXAS AUTHORIZING REIMBURSEMENT . i FOR CONSTRUCTION OF ., WATER LINE EXTENSION ASSOCIATED WITH THE DEVELOPMENT OF AND ESTABLISHING AN EFFECTIVE DATE HEREOF reading) Mayor f- '- r recognized Public Works - .g-; Jimmy Hooks who introduced this item questions # Council. Mayor Carpenter recognized Councilmember Scagliola who moved seconded by Councilmernber Larson to approve Ordinance i . 19-M-07 first r`.i r• vote was unanimous with Mar Pro-Tem Heyward, Councilmembers Davis, � Larson, r i s, ScagUola and Brown r for n d r no one voting no. r r r !. Ordinance t ' -K-05 — Consideration anf i action approving an Ordinance �' f ' non-access .' ` i i Block i and # Block i The Reserve at S chertz 11, Unit 4. First Reading (B. James / L. Wood / E. Delgado) 2 -0 -2019 Minutes Page - 10 - AN ORDINANCE ' TEXAS, RELEASING AND TERMINATING .. EASEMENT ON LOT 3, BLOCK 18 AND LOT 27, BLOCK 14 OF THE RESERVE AT SCHERTZ 11 UNIT 4; AND ESTABLISHING AN EFFECTIVE DATE HEREOF (First reading) Mayor Carpenter recognized Planning & Community Development Planner I Emily Delgado who introduced this item answering questions from Council. Mayor Carpenter recognized Councilmember Larson who moved seconded by Councilmember Gutierrez to approve Ordinance No. 19-K-05 on first reading. 1 vote was unanimous 1 Pro Heyward, Councilmembers Davis, Larson, 1! a and Brown 1 I' for and no one voting no. Motion IL Ordinance i. 19-S-04 - Conduct • Public . . and Consideration and • • approving an Ordinance on a request to rezone 802 Main Street, approximately 0.24 acr of 1 from Business i to Main Street Mixed Use District First Reading iii Delgado) i • • `r,1 Vi ` ♦ i AN ORDINANCE BY THE CITY COUNCIL OF TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING 802 MAIN APPROXIMATELY 1 .' ACRES OF i FROM BUSINESS DISTRICT, TO MAIN STEET MIXED USE DISTRICT (FIRSTREADING) Mayor Carpenter recognized Planning & Community Development Planner I Emily Delgado who introduced this item. Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing. Council had no questions. Mayor Carpenter recognized Councilmember Larson who moved seconded 11MA Councilmember Brown to approve Ordinance • 1' on , i • The i unanimous with Mayor Pro-Tem Heyward, Councilmembers Davis, Gutierre ii Edwards, 1 i' Brown voting i F no i <1 voting 1 f iI Passed. Resolution k. 19-R-15 3 1' • and/or action approving Resolution Council of the City of Schertz, Texas authorizing the City Manager to enter into an agreement for the purchase of seven (7) vehicles, one (1) backhoe, one (1) portable generator, one (1) tandem axle dump truck, and one (1) aerial bucket truck (B. James/J. r ' • • i I mot IR01M ICall�i RESOLUTION BY THE CITY COUNCIL OF OF ' TEXAS AUTHORIZING MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF ONE BACKHOE, i PORTABLE ' !' ONE i DUMP TRUCK, ONE (1) AERIAL BUCKET TRUCK Mayor Carpenter recognized Fleet and Facility Services Director John who introduced this item answering questions from Council. Mayor Carpenter recognized Councilmember Gutierrez who moved seconded by Councilmember Davis to approve Resolution No. 19-R-15. The vote was unanimous with Mayor Pro 1'. Councflmembers • i s Edwards, Scagliola and Brown i + for and no one r r' 11 . Motion Passed. ' i 1 r I t=21 • for Closed ess Mayor r enter recessed into closed session at 10.40p.m. and read thefollowing: 15. City Council will meet in closed session under Section 551. 074 of the Tex Government Code, Personnel Matters to deliberate the appointment, employme evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. I ♦ r I Motion was made by the Chair, seconded by Councilmember Edwards to continue our employment relationship with our ♦ and approve ' i increase in her current salary effective immediately. The vote was unanimous with Mayor Pro-Tem Heyward, Councilmembers Larson, Edwards, + 1 and Brown i + for and i 1 one 1" + no. Motion Passed. ' i 111 I 1' • Announcements by the City Manager. 2 -05 -2019 Minutes Page -12 - No further announcements 0 Requests by Mayor and Council members that items be placed on a future City Council agenda. • 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 • community volunteers Mayor Pro-Tem Heyward stated last week she attended the Tx Dot-1604 update meeting. Councilmember Gutierrez stated that the attended the Health and Wholeness Fair. H's also stated that he and Dr. Brown toured the YMCA, Aquatics center. Council member Scagliola state he attended a leadership luncheon at Our Lady of Perpetual Health. Council member Brown also stated he attended the Health and Wholeness Fair this weekend. Monthly updates regarding Large Projects/CIP, City View, Utility Meter Swap Out/ and Agenda Quick Software. (B. James/J. Harshman/T. Buckingham/E. Delgado/J. Walters) if. it'!0=-I! III Update regarding a Real Estate Option Contract between Cibolo Valley Local Government Corporation and landowners in Wilson County for the purpose of purchasing at its option certain real property interests for groundwater well sites and related facilities and/or for easement, including pipeline easements. (M. Browne) llri mmm=! Moms= 02-05-2019 Minutes Page ATTEST: ayl ilk insoin, epputyv City Sec'r'e'tary 02-05-2019 Minutes Page - 14 -