21-S-27 - Approving a Specific Use Permit for a Monopole Tower Telecommuniction FacilityORDINANCE NO. 21-S-27
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO
APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR A MONOPOLE TOWER,
TELECOMMUNICATIONS FACILITY ON APPROXIMATELY 0.056 ACRES OF LAND
GENERALLY LOCATED NORTH -EAST OF THE INTERSECTION OF FM 3009 AND
FM 78, ALSO KNOWN AS 200 FM 3009, ALSO KNOWN AS GUADLAUPE COUNTY
PROPERTY IDENTIFICATION NUMBER 153960, CITY OF SCHERTZ, GUADALUPE
COUNTY, TEXAS.
WHEREAS, an application for Specific Use Permit to allow a Monopole Tower,
Telecommunications Facility land use on approximately 0.056 acres of land generally located
north -east of the intersection of FM 3009 and FM 78, also known as 200 FM 3009, more
particularly described in Exhibit A attached hereto and incorporated herein by reference,
(hereinafter, the "Property ") has been filed with the City; and
WHEREAS, the City's Unified Development Code Section 21.5.11.E. provides for certain
conditions to be considered by the Planning and Zoning Commission in making recommendations
to City Council and by City Council in considering final action on a requested specific use permit
(the "Conditions "); and
WHEREAS, on Jund 23, 2021, the Planning and Zoning Commission conducted a public hearing
and, after considering the Conditions, hereby makes a recommendation of approval of a Specific
Use Permit for a Monopole Tower, Telecommunications Facility land use; and
WHEREAS, on July 13, 2021, the City Council conducted a public hearing and after considering
the Criteria and recommendation by the Planning and Zoning Commission, determined that the
requested Specific Use Permit be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
. Section 1. A Specific Use Permit for 200 FM 3009, more particularly described in the
attached Exhibit A, is hereby approved to allow a Monopole Tower, Telecommunications Facility
land use.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of
the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 8. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Approved on first reading the 13th day of July, 2021.
PASSED, APPROVED AND ADOPTED on final reading the 27th day of July, 2021.
R Gutierrez, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEALROF THE CITY)
i
C(o) R F
5 U R V E Y I N G
LEASE SITE LEGAL DESCRIPTION
SITUATED IN THE
G. MALPAZ SURVEY NO. 67, A -221
GUADALUPE COUNTY, TEXAS
Being 0.0568 acres (2,474 square feet) of land, out of a called Lot 1, Block 1, Sanders
Subdivision, recorded under Volume 8, Page 205 -206 Map Records of Guadalupe County, Texas
(M.R. G.C.T.), conveyed to Lock Away 200 Roy Richard Drive, LLC, by deed recorded under
County Clerk's File Number (C.F.N.) 201899014596 Official Public Records of Guadalupe
County, Texas (O.P.R. G.C.T.), said 0.0568 acre tract lying in the G. Malpaz Survey No. 67,
Abstract 221 and begin more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod with cap in the south line of the Remainder of a
called 23.903 acres, conveyed to A -OK Mini and RV Storage, by deed recorded under Volume
2297, Page 700 O.P.R. G.C.T., also being an angle point of said Lot 1;
THENCE South 80 °36'01" West, along the north line of said Lot 1, a distance of 552.33 feet to a
point for curvature of said Lot 1;
THENCE along the north line of said Lot 1 and a curve to the right, having a radius of 179.98
feet, a chord bearing of North 86 °09'56" West, a distance of 82.42 feet, an arc distance of 83.16
feet to a point of tangency of said Lot 1;
THENCE South 17 °36'27" East, a distance of 24.32 feet to a set 5/8 inch iron rod with cap
stamped "Core 6657 ", marking angle point of a Lease Site, also being the POINT OF
BEGINNING;
THENCE South 72 °55'53" East, a distance of 33.20 feet to a set 5/8 inch iron rod with cap
stamped "Core 6657', marking the northeast corner of the herein described tract;
THENCE South 09 °09'19" East, a distance of 15.28 feet to a set 5/8 inch iron rod with cap
stamped "Core 6657', marking the southeast corner of the herein described tract;
THENCE South 80 °49'40' West, a distance of 94.45 feet to a set 5/8 inch iron rod with cap
stamped "Core 6657 ", marking an internal comer of an Access & Utility Easement, also being
the southwest comer of the herein described tract;
THENCE North 09 °09'19" West, a distance of 20.30 feet to a set 5/8 inch iron rod with cap
stamped "Core 6657 ", marking an angle point of said Access & Utility Easement, also being the
northwest corner of the herein described tract;
10210 Grogans Mill Road, Ste. 120
The Woodlands, TX 77380
(224) 828 -1208
C(l)
S U R V E
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Y 1 N G
THENCE North 62 °04'07" East, a distance of 30.11 feet to a set 5/8 inch iron rod with cap
stamped "Core 6657 ", marking an angle point of the herein described tract;
THENCE North 80 °51'50" East, a distance of 36.16 feet to the POINT OF BEGINNING and
containing a computed 0.0568 acres (2,474 square feet) of land.
Clemente Turrubiartes Jr.
RPLS No. 6657
Job No. 20- 00834U
Issue Date: November 18, 2020
Revised:
hn �E
"! (LEMENTE TIRRUEARTE_ IF
S U V
10210 Grogans Mill Road, Ste. 120
The Woodlands, TX 77380
(224) 828 -1208
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SCHIERTZ
June 11, 2021
Dear Property Owner,
COMMUNnY
SERVICE
OPPORTUNITY
NOTICE OF PUBLIC HEARING
PLANNING & COMMUNITY
DEVELOPMENT
The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, June 23,,, 2021 at 6:00
m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to
consider and make recommendation on the following item:
SUP2021.002- A request for a Specific Use Permit to allow a monopole tower, telecommunications facility on
approximately 0.056 acres of land generally located north -east of the intersection of FM 3009 and FM 78, also known
as 200 FM 3009, also known as Guadalupe County Property Identification Numbers 153960, City of Schertz,
Guadalupe County, Texas.
The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the
public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You
may return the reply form below prior to the first public hearing date by mail or personal delivery to Emily Delgado,
Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619 -1789, or by e-mail
If you have any questions please feel free to call the Planning Division at (210) 619 -1780.
Sincerely,
Emily Delgado
Senior Planner
Reply Form
I am: in favor of opposed to ❑ neutral to ❑ the request for SUP2021.002
COMMENTS: li YGO,A YO. 4'_ Y �v 133 IV, 3009
NAME: 1 t A' ' l ��_�S41 SIGNATURE
(PLEASE PRINT)
STREET ADDRESS: v� L _ -Q I_ kAY � Y 'L 1 V\M I -1-14U
DATE:
1400 Scher>z Parkway Schertz, Texas 78154 210.819.1000
VINCENT GERARD & ASSOCIATES, INC.
Ms. Emily Delgado February 23, 2021
Sr. Planner, Planning and Zoning Division
City of Schertz, Texas
RE: Vertical Bridge Specific Use Permit for Verizon Wireless, & Site Plan Certification
Applications, 200 Roy Richard Drive (Parent tract). Landowners; Lockaway 200 Roy
Richard Drive LLC — Narrative Memo & Letter of Intent — UDC Article 8, Section 21.8.6
Ms. Delgado,
Per our pre - development emails and discussions, we have a request from Verizon Wireless for a
wireless communications facility at the Landowner, Lockaway 200 Roy Richard Drive LLC. We
hereby respectfully request review and agenda hearing to allow Vertical Bridge (Tower Owner) to
construct a critical communications facility at this location to improve and continue to provide
communications for the community of Schertz at this high - volume traffic location. Verizon
Wireless will be the primary carrier at this site. All other carriers will have the option to collocate
as well. The documents discussed for review & approval process to be uploaded are as follows;
1) Specific Use Application signed by the landowner and preparer (VGA),
2) SUP Site Plan for full review, once completed and cleared by your staff, to be included in
the zoning review and made as an exhibit to the SUP approval documents with existing
and/or proposed conditions,
3) Parent tract Survey and legal description of the land lease area specific to the wireless use,
Final Plat, Parent tract is a legal platted lot, all prepared by a licensed surveyor,
4) Checklist for the SUP populated and signed by VGA as preparer,
5) Agent Authorization letter,
6) Tax Certificate for Landowner, &
7) Additional RF propagation Maps for evidence of lack of coverage, before and after on air.
It is our understanding that the City of Schertz will review the four Engineered site plan
certification drawings with this application. Those were included in this submittal and reviews
from Fire, Public Works, Engineering and Landscaping. Each of the site plan certification's will
be filed along with the SUP for formal review. All four applications and site plans should be in
approvable form. For Public Works, we have included the GVEC letter for service commitment
on this site. Electrical and fiber is the only required utility for this unmanned structure.
Narrative Memo -
Based on the customer demand for wireless in building coverage and the growth rate in Schertz
Texas, Verizon Radio Frequency engineers have designated the above site location as a perfect
location for a Wireless structure for their customers. We have included the Radio Frequency
engineers study for coverage in this immediate vicinity. The study clearly shows lack of in-
building coverage at the Lockaway location, close to the intersection of Roy Richards Drive and
LAND PLANNING, DEVELOPMENT & ZONING CONSULTANTS
1715 SOUTH CAPITAL OF TEXAS HIGHWAY • SUITE 207 • AUSTIN, TEXAS 78746 • (512) 328 -2693
VINCENTGERARD.COM
SH 78, a major intersection with an interrupted RR crossing. This site will be a standard monopole
structure, with the capability to serve up to 2 other carriers on the structure, complying with current
Schertz code. Based on "21.8.6- A Purpose ", the site complies with goals 3, 5 & 6 for colocation
& location. With regards to "21.8.6 C — General "- the proposed location is outside 2 miles of any
existing or proposed City Water tank or other city owned structures. Further, no other vertical
structures or tall buildings are within 1,500' of the proposed site that would allow Verizon Wireless
to collocate their antenna and accommodate the coverage gap within this ring. Finally, "21.8.6 G
- Placement", this proposed location is in Full commercial (GB) and is over 150' from any major
arterials. Also, this site is over 600' in distance from any existing or proposed residential uses. The
RF study includes a 2 -page analysis on why the southeast proposed Schertz Water Tower does not
work for Verizon coverage in this area. Therefore, this site complies with the 21.8.6 criteria for a
standard wireless site location in the City of Schertz code.
The Vertical Bridge team has designed the proposed structure to accommodate up to three (3)
carriers, again as per code & purpose. Current design is shown as a 105' (top of antenna) height
monopole. Verizon will utilize the top centerline at 100'. There is a 10' required height separation
from other carriers' antenna. If the tower is revised to a stealth type facility, it will drastically
reduce the colocation opportunities for others and severely limit the 5G capabilities. This can be
discussed in greater detail with staff and the decision makers. High traffic areas such as this will
likely utilize up to 9 antenna per sector. Height is critical for each carrier, and if the height is
reduced, it makes a big coverage difference. It would benefit Schertz to maintain the 105' height
so as not to increase the probability of another site needed within the area and to attract a 2nd & 3rd
carrier to this specific location.
We also want to encourage you and your staff to refer to the Telecommunications Act of 1996 and
Middle -Class Tax Relief Act (Spectrum) recently passed to guide local authorities with approval
and denial specifics for all wireless sites. We have also included a recent letter from Texas State
Senators urging all municipalities to expedite and approve critical wireless sites such as this due
to current Pandemic data volumes occurring on all networks in Texas since March 2020.
If there are any questions on this application please let us know.
Respectfully
OJ % .-I
Q�
Vincent G. finger
Xc: Dana Holland - AllPro
Charmain Sanchez
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MINUTES
SPECIAL WORKSHOP SESSION CITY COUNCIL
AND THE SCHERTZ HOUSING AUTHORITY
July 1, 2021
A Special Workshop Session with the Schertz Housing Authority was held by the Schertz
City Council of the City of Schertz, Texas, on July 1, 2021, at 8:30 a.m. in the Hal
Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4,
Schertz, Texas. The following members present to -wit:
Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Jill Whittaker; Councilmember
Mark Davis; Councilmember David Scagliola; Councilmember Allison
Heyward; Councilmember Tim Brown
Absent: Councilmember Rosemary Scott; Councilmember Michael Dahle
City Staff. Assistant City Manager Brian James; Assistant to the City Manager Sarah
Gonzalez; Deputy City Secretary Sheila Edmondson
Attendees: Cristi LaJeunesse, Executive Director; Debbie Villarreal, Deputy Director;
Cindy Mackechney, Public Housing Manager; Len Weinand, Chairperson;
Brian Edgington, Vice Chairperson; Dana Eldridge, Commissioner; John
Meyer, Commissioner; Valinda Brooks, Commissioner
Call to Order
Mayor Ralph Gutierrez called the meeting to order at 8:30 am and recognized Schertz
Housing Authority and Chair Len Weinand.
Chair Len Weinand thanked the Mayor and City Council for the opportunity to have this
Joint Workshop Session with the Schertz Housing Authority. Chair Weinand wanted to
introduce the Schertz Housing Authority and share with the City Council what they do
and what they bring to the community. He stated that his first introduction to the Schertz
Housing Authority was when Schertz Mayor Michael Carpenter asked him to serve on the
board years ago, and he has been there since. Chair Weinand thanked the City for their
support asked the Schertz Housing Authority Board to come to the podium and introduce
themselves.
Schertz Housing Authority Board of Commissioners:
1
Mr. Brian Edgington, Vice Chair, thanked the City Council for this opportunity to have
this joint meeting. He wanted to let the City know how appreciative the Schertz Housing
Authority is with the City's support and partnership. Mr. Edgington is looking forward to
growing together to make the city better.
Ms. Valinda Brooks, Commissioner has been with the Schertz Housing Authority for the
last year and seven months. She has learned so much about the housing needs of the
community. Ms. Brooks is a retired businesswoman and nurse and wants to serve the
community. Ms. Brooks looks forward to working hand in hand with the City to make this
a better place.
Mr. John Meyer, Commissioner is newly retired and is a full time real estate investor. He
has been on the Schertz Housing Authority Board for almost three years. Mr. Meyer
appreciates the City working with the Schertz Housing Authority Board to make the city
better. He is happy to be part of the community and looking forward to helping out.
Mr. Dana Eldridge, Commissioner has served on the Schertz Housing Authority Board for
approximately six years. The Schertz Housing Authority has done so many good things
since he has been on the Board.
Executive Director Cristi LaJeunesse, Schertz Housing Authority introduced herself and
her staff:
Deputy Director Debbie Villarreal, Schertz Housing Authority
Public Housing Manager Cindy Mackechney, Schertz Housing Authority
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker's register prior to the meeting. Presentations should be limited
to no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual
member thereof. Any person making personal, impertinent, or slanderous remarks
while addressing the Council may be requested to leave the meeting.
There were no residents to speak at this time.
Workshop
• Discussion regarding the Schertz Housing Authority Mission and Goals
Executive Director Cristi LaJeunesse gave a Powerpoint on the Schertz Housing
Authority's Mission and Goals.
2
Funding for the Schertz Housing Authority comes from: Operating Subsidy, Capital
Fund Program Subsidy (CFP), Rents, Total PHA, Funding /Cost Per Unit Per Month
and Section Housing Funding.
The Public Housing Expense 2020:
* Administration- $160,099- 28%
• Maintenance - $240,062 -42%
• Contracts - $86,563 -15%
* Utilities - $84,549 -15%
Public Housing Demographics
* Elderly / Disabled Property
* 76 public housing units
* 82 public housing residents
* Age Range -31 to 92 yrs
• Income range (annual) $1,785- $24,205
• Tent Rent- $50 -605 per month/ Collections avg. 99%
Section 8 Demographics
*Total Voucher available: 153
• Currently leased: 147
*Incoming Portable Vouchers: 8
• Outgoing Portable Vouchers: 2
• Total family /members served: 305, 137 are dependents
*Average income: $13,432
• Range of Tenant Rent: 0- $1,282
• Range of Rent Paid to Owner by Housing Authority: $92- $2,411
Mayor Pro -Tem Whittaker asked about if the persons who are applying with the
Schertz Housing Authority live in Schertz or want to live in Schertz. Executive
Director Cristi LaJeunesse explained that if someone who lives in New York can
apply with the Schertz Housing Authority and if they receive a voucher, they are
committing to live in Schertz for a year. If an out -of -state person has a voucher, they
can "port" or bring their voucher to live in the city. The Schertz Housing Authority
works with Universal City, Converse, Cibolo, Schertz and Selma to find available
housing.
Waiting List Public Housing Program
* One Bedroom -80 families
• Two Bedroom -9 families
Average move outs in last 12 months -7 families. This has been higher than
previous years due to COVID.
Average move outs in last 12 months for Yoakum -10 families (94 units)
3
Average move outs in last 12 months for Kennedy -24 families (72 units)
These are properties of similar size and are mixed population,
elderly /disabled and families
Waiting List Section 8 Voucher Program
38 families
* 6 of these families have been offered vouchers to find housing
* The waiting list will open in mid -July for one month for the Section 8 program
* We anticipate over 200 applications during that time.
Eligibility
* Annual Gross income at our below low income level
*Determined at County or Metropolitan area
• Low income limit 80% of meidan income
• Very low income limit 50% of meidan income
• Extremely low income limit is 305 of median income
• https / /www.huduser.gov /portal /datasets /il.html
• US Citizenship or eligible immigrant status -one member must qualify and have
social security number
*Elderly, disabled and family- elderly and/or disabled qualify for additional
allowances
Must prohibit admission(24 CFR Part 5.854 - 5.857)
Member evicted from federally assisted housing withing the previous three years
Currently engaged in illegal drug use
* Members abuse alcohol interferes with the health, safety, or right to peaceful
enjoyment of the others
* Lifetime registered sex offender
Suitability! Not the Same as Eligible
• Past rental history
• Credit history
*Additional criminal screening criteria
Public Housing/ Low Rent
* Local Government Entity -owned and operated by Housing Authority
• Applicant Income may not exceed 80% of meidan income
• Housing Authority may have local preference setting income limit lower
PHA is the landlord and enforces the lease
Housing Choice Voucher
* Income typically may not exceed 50% of median income for area
* Family portion of rent may not exceed 40% of monthly adjusted income at move
4
in
• Choice! Portable voucher
• Housing Authority does not own the unit (typically)
• Owner or managing agent enforces the lease
Income? What Counts
Rent is determined by total gross income received less allowable deductions
*Elderly/ disabled family ($400)
. Dependent deduction ( $480)
*Medical expense (Elderly/Disabled family only)
• Disability expense
• Childcare
Contracting Costs
Executive Director Cristi LaJeunesse stated that one of the largest challenges the
Schertz Housing Authority has is with the system of hiring a contractor in the City of
Schertz. Current building codes require a licensed contractor for certain work, and
they would prefer to use their maintenance staff to do the repairs to save money.
Chair Len Weinand wanted the City Council to understand that the little money
Schertz Housing Authority has, they would like to spend it on the residents, not on
contractors.
Coming Soon: The Schertz Housing Authority will be creating a Public Facility
Corporation that will eventually be a non - profit organization in the future.
Executive Director Cristi LaJeunesse wanted to thank the City Council for their
support and appreciates Councilmember Mark Davis for being the Schertz City
Council Liaison.
Mayor Gutierrez thanked Executive Director Cristi LaJeunesse for her presentation
and opened the meeting up to City Council.
Mayor Pro -Tem Whittaker asked City Staff, what is the ordinance that prohibits the
use of the Schertz Housing Authority maintenance staff to do the work themselves?
Assistant City Manager Brian James stated that the Building Codes do allow some
exceptions for maintenance staff to do work on their properties. He would like to
have a sit down meeting with the Schertz Housing Authority and City Staff to
discuss their concerns and the current building codes and identify what work could
be done by their maintenance staff vs. a contractor
Councilmember Mark Davis felt it was very important that the City Council and
Schertz Housing Authority Board meet. He wanted the City Council to have a good
5
understanding of the Housing Authority's roles and responsibilities. Councilmember
Mark Davis asked Assistant City Manager Brian James if the requirement for a
resident to have a licensed contractor to do a repair, is the government entity held to
the same requirement?
Assistant City Manager Brian James stated these governing agencies do have to
follow the building codes, however the codes have provisions for maintenance staff
of facilities that employ licensed personnel that can do the work in- house. Once we
sit down with the Schertz Housing Authority, we can distinguish what work will need
a licensed contractor and what work does not.
Councilmember Mark Davis asked for clarification if the Schertz Housing Authority
chose a licensed contractor that isn't registered with the city, what would the
requirement be for the licensed contractor to work in the city.
Assistant City Manager Brian James explained the city would verify the contractor's
license with the state, show proof of the insurance requirements and then that
contractor can pull the proper permits.
Mayor Ralph Gutierrez and City Council stated they appreciate everything the
Housing Authority and the Board does for the community. Mayor Ralph Gutierrez
was thankful for all the information provided in the PowerPoint which was quite
informative.
Topics that Schertz Housing Authority would like to discuss include:
• Work that requires a licensed contractor vs. work that can be done by the
Schertz Housing Authority Maintenance Staff
• State Insurance requirements: Licensed contractor's insurance, the Schertz
Housing Authority's insurance
• Current Building Codes concerning General Contractor requirements
• Clarification: City's licensed contractor list vs. a preferred contractor list
Assistant City Manager Brian James believes a meeting with the Schertz Housing
Authority will help answer specific building code questions they may have and
address all the concerns they brought up today.
Mayor Gutierrez again thanked Executive Director Cristi LaJeunesse and the Schertz
Housing Authority Board for making a big difference in our community.
Adjournment
Mayor Gutierrez adjourned the meeting at 10:07 am.
6
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, Deputy City Secretary
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