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10-10-2023 Agenda Packet       MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL October 10, 2023                                   HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treated Work cooperatively as a team    AGENDA TUESDAY, OCTOBER 10, 2023 at 6:00 p.m.          Call to Order   Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Brown)   Proclamations   DVAM-Domestic Violence Awareness Month Proclamation-October 2023   Planning Month-October 2023   Manufacturing Day Oct 6, 2023   Fire Prevention Week Proclamation   Employee Introductions  Civic Center: Kasha Ennis-Events Attendant EMS: Cooper Woodward-Paramedic Engineering: Samuel Lopez-Engineering Inspector Fire Dept: Melissa Rodriguez-Administrative Assistant; Phillip Moore-Firefighter Inspections: Michelle Cherry-Permit Technician; Christina Timke-Permit Technician  Library: Nichole Badraun-Programming Specialist; Jessica Wheless-Library Assistant October 10, 2023  City Council Agenda                                Page 1     Police Dept: Hank Fahnert-Police Officer; Andrew England-Police Officer; Rashad Beecham-Police Cadet;  Police Communications-Taiya Connell-Communications Officer Public Affairs: Jenna Kock-Marketing & Communications Specialist   Presentations   Recognition of 2023 Emerging Leaders Class (S.Williams/S.Gonzalez/J.Kurz)   City Events and Announcements  Announcements of upcoming City Events (B. James/S. Gonzalez) Announcements and recognitions by the City Manager (S. Williams) Announcements and recognitions by the Mayor (R. Gutierrez)   Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes.  All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered.   Consent Agenda Items The Consent Agenda is considered 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 - Approval of the regular meeting minutes of September 19, 2023. (S.Edmondson/S.Courney)   2.Resolution 23-R-98 - Approving a Resolution authorizing the City Manager to enter into an Interlocal Agreement with Guadalupe County for Library Services. (S. Gonzalez/M. Uhlhorn)   3.Resolution 23-R-101 - Accepting the semi-annual report on the progress of the Capital Recovery Capital Improvements Plan (B. James/K. Woodlee)   4.Resolution 23-R-106 – Authorizing the City Manager to enter into an agreement with Halff October 10, 2023  City Council Agenda                                Page 2     4.Resolution 23-R-106 – Authorizing the City Manager to enter into an agreement with Halff Associates, Inc., for design, bid, and construction phase engineering services for the IH 35 NEX-North Water and Wastewater Utility Relocation Project.  (B. James/K. Woodlee/E. Schulze)   5.Resolution 23-R-111 – Authorizing Expenditures in an amount not to exceed $2,731,724.00 with Axon Enterprise, Inc., for the purchase of Body-worn, In-Car Cameras and Taser Replacements. (S.Williams/J.Lowery/H.Murphy)   6.Resolution 23-R-105 – Authorizing the purchase of property and easements along IH-35 for the Riata Lift Station (B.James/K.Woodlee/E.Schulze)     Discussion and Action Items   7.Resolution 23-R-96 - Nominations for the Guadalupe Appraisal Board of Directors for a term from 2023-2025.   Public Hearings   8.Ordinance 23-S-27 - Conduct a public hearing and consider amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 4, Section 21.4.12 Variances and Article 9 Section 21.9.7 Landscaping and Section 21.9.9 Tree Mitigation. First Reading (B. James, L. Wood, S. Haas)   9.Ordinance 23-S-26 – Conduct a public hearing and consider a request to rezone approximately 21 acres of land from General Business District (GB) and Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4), generally located approximately 3,000 feet east of the intersection of IH 35 access road and Cibolo  Valley Drive, also known as Guadalupe County Property Identification Numbers: 68315, 68316, 68296, 68295, 68294. First Reading (B. James, L. Wood, E. Delgado)     10.Ordinance 23-S-25 - Conduct a public hearing and consider a request to rezone approximately 14.3 acres from General Business (GB) to Single-Family Residential District (R-2), located approximately 483 feet from the intersection of Green Valley Road and Eckhardt Road, also known as a portion of 4600 Eckhardt Road and 7263 Green Valley Road, Schertz, Guadalupe County, Texas. First Reading (B. James/L. Wood/ D. Marquez)   Workshop   11.Discussion regarding the status of City's electronic marquee sign   Information available in City Council Packets - NO DISCUSSION TO OCCUR   October 10, 2023  City Council Agenda                                Page 3     12.Monthly Update - Major Projects In Progress/CIP (B.James/K.Woodlee)   Requests and Announcements  Requests by Mayor and Councilmembers for updates or information from Staff     Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda   Announcements by Mayor and Councilmembers    City and Community Events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing Education Events attended and to be attended Recognition of actions by City Employees Recognition of actions by Community Volunteers   Adjournment   CERTIFICATION I, SHEILA EDMONDSON, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 7th DAY OF OCTOBER 2023 AT 4:45 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.    SHEILA EDMONDSON    I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2023. TITLE: ______________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210-619-1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion.    COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS     Mayor Gutierrez Audit Committee Board of Adjustments Investment Advisory Committee Main Street Committee Councilmember Davis– Place 1 Interview Committee for Boards and Commissions Main Street Committee - Chair Parks & Recreation Advisory Board Schertz Housing Authority Board Transportation Safety Advisory Commission October 10, 2023  City Council Agenda                                Page 4     Senior Center Advisory Board-Alternate TIRZ II Board    Councilmember Watson-Place 2 Audit Committee Library Advisory Board Senior Center Advisory Board Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation-Alternate   Councilmember Whittaker – Place 3 Historical Preservation Committee Interview Committee for Boards and Commissions-Chair TIRZ II Board    Councilmember Dahle – Place 4 Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Planning & Zoning Commission TIRZ II Board   Councilmember Scagliola – Place 5 Animal Advisory Commission - Alternate Hal Baldwin Scholarship Committee Schertz-Seguin Local Government Corporation   Councilmember Heyward – Place 6 Animal Advisory Commission Audit Committee Building and Standards Commission Economic Development Corporation - Alternate Investment Advisory Committee Main Street Committee Interview Committee for Boards and Commissions-Alternate Senior Center Advisory Board   Councilmember Brown – Place 7 Economic Development Corporation Main Street Committee Schertz-Seguin Local Government Corporation - Alternate      October 10, 2023  City Council Agenda                                Page 5     Agenda No.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:City Secretary Subject:DVAM-Domestic Violence Awareness Month Proclamation-October 2023 Attachments DVAM Proclamation  Domestic Violence Awareness Month 2023 WHEREAS, the crime of domestic violence violates an individual’s privacy and dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological, and economic control and/or abuse including abuse to children and the elderly; and WHEREAS, the problems of domestic violence are not confined to any group or groups of people, but cut across all economic, racial, and societal barriers, and are supported by societal indifferences; and WHEREAS, the impact of domestic violence is wide ranging, directly effecting individuals and society as a whole, here in this community Guadalupe Valley Family Violence Shelter answered 992 crisis calls and provided 6398 services to survivors from September 2022 to July 2023 and WHEREAS, women are not only targets; men, young children and the elderly also are victims, and sadly, emotional scars are often permanent, and domestic violence costs United States’ companies at least $3.5 billion in lost work time, increased health care costs, higher turnover, and lower productivity; and WHEREAS, it is battered women themselves who have been in the forefront of efforts to bring peace and equality to the home. NOW, THEREFORE, I, Ralph Guttierrez, Mayor, of the City of Schertz, Texas, do hereby proclaim the month of October as “Domestic Violence Awareness Month” and call all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in our effort to prevent domestic violence, thereby strengthening the communities in which we live. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Schertz to be affixed this 10th day of October 2023. ______________________________ Ralph Gutierrez, Mayor Agenda No.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:City Secretary Subject:Planning Month-October 2023 Attachments Planning Month Proclamation  COMMUNITY PLANNING MONTH OCTOBER 2023 WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, American Planning Association endorses National Community Planning Month as an opportunity to highlight how planning is essential to recovery and how planners can lead communities to equitable, resilient, and long-lasting recovery; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of Schertz, and WHEREAS, we recognize the many valuable contributions made by the Planning Division of the City of Schertz and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, BE IT RESOLVED THAT I, Ralph Gutierrez, Mayor hereby proclaims the month of October 2023 as Community Planning Month in conjunction with the celebration of National Community Planning Month. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Schertz to be affixed this 10th day of October 2023. ______________________________ Ralph Gutierrez, Mayor Agenda No.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:City Secretary Subject:Manufacturing Day Oct 6, 2023 Attachments Manufacturing Proclmation  NATIONAL MANUFACTURING DAY October 6, 2023 WHEREAS, Manufacturing Day is a celebration of modern manufacturing that aims to inspire the next generation of manufacturers and increase awareness of the importance of this industry to our local and national economy; and WHEREAS, Schertz, Texas is the home of more than 40 manufacturing companies, and manufacturing plays an essential role in the economic prosperity and growth of our community, providing jobs, innovation, and essential products that improve our quality of life; and WHEREAS, the manufacturing sector provides jobs such as engineers, welders, carpenters, computer programmers, designers, assembly workers, machine operators, metal fabricators, production workers, and many other specialists contributing significantly to our city's economic vitality; and WHEREAS, Schertz manufacturers produce automotive parts, boiler systems, concrete products, custom millwork, industrial engine blocks, eyeglasses, fabricated metal products, protective coatings, screen media, signs, textiles, and more; and WHEREAS, the City of Schertz is dedicated to strengthening and developing manufacturing through economic development programs and partnerships with workforce development partners such as the Schertz Cibolo Universal City Independent School District career and other technology education programs in the region. NOW, THEREFORE, I, Ralph Gutierrez, Mayor of the City of Schertz, do hereby proclaim October 6, 2023, as National Manufacturing Day to show appreciation and recognition for our local manufacturers and commend their positive contributions to our community, and the opportunities they create for the City of Schertz. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Schertz to be affixed this 10th day of October 2023. _____________________________ Ralph Gutierrez, Mayor Agenda No.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Fire Department Subject:Fire Prevention Week Proclamation BACKGROUND The 2023 Fire Prevention Week campaign works to educate everyone about simple but important actions they can take to keep themselves and those around them safe when cooking.  GOAL Fire prevention and safety.  COMMUNITY BENEFIT Protection of life and property through education.  SUMMARY OF RECOMMENDED ACTION Urge the people of Schertz to take simple and easy to perform steps towards fire safety in their homes related to cooking.  RECOMMENDATION Proclaim October 8-14, 2023 Fire Prevention Week.  Attachments Fire Prevention Proclamation  Fire Prevention Week Proclamation October 8-14, 2023 WHEREAS, the City of Schertz is committed to ensuring the safety and security of all those living in and visiting our state; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,800 people in the United States in 2021, according to the National Fire Protection Association® (NFPA®), and fire departments in the United States responded to 338,000 home fires; and WHEREAS, cooking is the leading cause of home fires in the United States and fire departments responded to more than 166,400 annually between 2016 and 2020; and WHEREAS, two of every five home fires start in the kitchen with 31% of these fires resulting from unattended cooking; and WHEREAS, more than half of reported non-fatal home cooking fire injuries occurred when the victims tried to fight the fire themselves; and WHEREAS, children under five face a higher risk of non-fire burns associated with cooking than being burned in a cooking fire; and WHEREAS, City of Schertz residents should turn pot handles toward the back of the stove; always keep a lid nearby when cooking; keep a three-foot kid-free zone around the stove, oven, and other things that could get hot; watch what they heat; and set a timer to remind them that they are cooking; and WHEREAS, residents who have planned and practices a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires almost in half; and WHEREAS, City of Schertz first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, City of Schertz residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2023 Fire Prevention Week theme: “Cooking safety starts with YOU. Pay attention to fire preventionTM,” effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fires. NOW, THEREFORE, I, Ralph Gutierrez, Mayor of Schertz do hereby proclaim. October 8-14, 2023, as Fire Prevention Week throughout this city, and I urge all the people of Schertz to check their kitchens for fire hazards and use safe cooking practices during Fire Prevention Week 2023, and to support the many public safety activities and efforts of Schertz Fire Rescue and our emergency services team. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Schertz to be affixed on this October 10, 2023. ___________________________________ Ralph Gutierrez, Mayor Agenda No.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Executive Team Subject:Recognition of 2023 Emerging Leaders Class (S.Williams/S.Gonzalez/J.Kurz) BACKGROUND The Schertz Emerging Leaders Program is a comprehensive effort to provide advanced training to budding leaders in all departments and at all levels so that they can reach their leadership potential and add even more value to the quality of service that the City provides to its customers.    Congratulations to the 2023 Emerging Leaders Class:  Korrin Bond, Information Technology, Administrative Assistant Devan Christensen, Public Affairs, Communications Manager Tiffany Danhof, Planning & Community Development, Administrative Assistant Shawn Ceeko, Police Department, Patrol Sergeant Robert Dobratz, Parks & Recreation, Parks Maintenance Crew Supervisor Dana Kellum, Fire Department, Fire Apparatus Operator Charis Lawry, Utility Billing, Utility Billing Clerk Sean McKenna, Police Department, Patrol Sergeant Erin Noah, Inspections, Building Inspector Marc Yamazi, Neighborhood Services, Code Enforcement Officer Agenda No. 1.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:City Secretary Subject:Minutes - Approval of the regular meeting minutes of September 19, 2023. (S.Edmondson/S.Courney) Attachments 09-19-2023 Minutes DRAFT  D R A F T MINUTES REGULAR MEETING September 19, 2023 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 19, 2023, 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: Present:Mayor Ralph Gutierrez; Mayor Pro-Tem Michelle Watson; Councilmember Mark Davis; Councilmember Jill Whittaker; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward; Councilmember Tim Brown Staff present: City Manager Steve Williams; Deputy City Manager Brian James; Assistant City Manager Sarah Gonzalez; City Attorney Daniel Santee; City Secretary Sheila Edmondson; Deputy City Secretary Sheree Courney          Call to Order Mayor Gutierrez called the 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 Heyward) Mayor Gutierrez recognized Councilmember Heyward who provided the opening prayer and led the Pledges of Allegiance to the Flags of the United States and State of Texas.   Proclamations National Preparedness Month-September 2023 Councilmember Dahle presented the National Preparedness Month - September 2023 Proclamation to Brandon High, Emergency Management Coordinator, and members of the Emergency Management team. Mr. High provided a new resource, the State of Texas Emergency Assistance Registry (STEAR) for those residents who need additional assistance during an emergency. Information regarding STEAR can be found at STEAR.tdem.texas.gov. I.T. Professionals Day-September 19, 2023 Councilmember Heyward presented the I.T. Professionals Day - September 19, 2023, Proclamation to Jack Bluebird, I.T. Director, and members of the I.T. staff. HR Professionals Day-September 26, 2023 Councilmember Whittaker presented the HR Professionals Day - September 26, 2023, Proclamation to Jessica Kurz, HR and Purchasing Director.      1 City Events and Announcements Announcements of upcoming City Events (B. James/S. Gonzalez) Mayor Gutierrez recognized Assistant City Manager Sarah Gonzalez who provided the following: Saturday, September 23 Love Where You Live Fall Service Day First Baptist Church of Schertz 600 Aero Avenue 8:00 a.m. - 4:00 p.m. Community Car Seat Check 629 Westchester, Community Playscape 9:00 a.m. - 2:00 p.m. Friday & Saturday, September 29 - 30 Skylight Balloon Fest 16765 Lookout Road, Selma Friday, September 29: 5:00 p.m. - 9:00 p.m. Saturday, September 30: 7:00 a.m. - 9:00 a.m. and 2:00 p.m. - 9:00 p.m. Tuesday, October 3 National Night Out Various neighborhoods throughout the City 6:00 p.m. - 8:00 p.m. Tuesday, October 3 - Friday, October 6 TML Annual Conference Dallas, TX Saturday, October 7 Dunkin' for Pumpkins Schertz Aquatics Center 4:00 p.m. - 6:00 p.m. Monday, October 9 Columbus Day City Offices Closed Tuesday, October 10 Next Regular Council Meeting Council Chambers 6:00 p.m. 2 Election Information - The City of Schertz will be holding its General Election on November 7, 2023, for the purpose of electing Council Members for Place 3, Place 4, and Place 5 for three year terms. Announcements and recognitions by the City Manager (S. Williams) Mayor Gutierrez recognized City Manager Steve Williams who provided the following: Recognition of Ethan Hydes who was promoted from EMT to Paramedic. Tuesday, October 10 Kenneth Greenwald Water Treatment Plant Dedication Schertz - Seguin Local Government Corporation (SSLGC) 2339 County Road 114 Nixon, TX 11:00 a.m. - 1:00 p.m. Announcements and recognitions by the Mayor (R. Gutierrez) No announcements from Mayor Gutierrez were made.   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. Mayor Pro-Tem Watson recognized the following residents: Mark Roberts, 1000 FM 3009, Schertz, by proxy. City Secretary Sheila Edmondson read Mr. Roberts statement into the record. Mr. Roberts, owner of Classic Collision on Borgfeld Road, requested grandfather status and the granting of an exemption from the City Ordinance prohibiting parking of vehicles on grass within the city limits. Mr. Roberts stated he had discussions several years ago with the city engineer regarding the possibility of paving some of the area to alleviate the parking, however, additional city ordinances requiring green space and detention prevented this from happening. He also stated, the business has used the grass area for parking since 2002. Geoff Nienstedt, 100 Pecan Drive, owner of Roadrunner Towing, stated he has had a contract with the city for 22 years and has been able to provide quick response to all calls from the City. The parking ordinance will force him to move out of the city and into the county which will greatly delay his ability to service the city with the same responsiveness. He has sought out other properties within the city limits, but none are available. He understands not wanting parking on grass in neighborhoods, but this ordinance is detrimental to businesses. He asked Council to seek a solution that will benefit all. 3 to businesses. He asked Council to seek a solution that will benefit all. Robert Roberson, 4015 Lower Seguin Road, Green Valley Board Member who is running for re-election. He stated that during his time on the Board, the City of Schertz and Green Valley reached an agreement to provide wastewater services to residents of south Schertz, increased their staff to 53-55 employees, and are servicing approximately 17,000 residential connections. He hopes, if re-elected, to expand that service. Green Valley's philosophy is to ensure that growth pays for growth in our communities.   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 - Approval of the minutes from the regular meeting of September 5, 2023. (S.Edmondson/S.Courney)      2.Ordinance 23-T-23 - Authorizing adjustments to the FY 2022-23 Budget. Final Reading (S. Gonzalez/J. Walters)      3.Ordinance 23-S-16 – Consideration of a request for a Specific Use Permit to allow a convenience store with gas pumps on approximately 5.5 acres of land, more specifically described 1008 and 1020 FM 78, Schertz, TX 78154, also known as Guadalupe County Property Identification Number: 67650 and 67552, City of Schertz, Guadalupe County, Texas. Final Reading (B. James, L. Wood, E. Delgado)      4.Resolution 23-R-95 - Authorizing expenditures of up to $220,000 with Silsbee Ford, $127,000 with Caldwell Country Ford/Chevrolet, $166,000 with Southwest Ambulance Sales, $270,000 with Frazer, $168,000 with Closner, and $265,000 with Doggett Freightliner for the purchase of various vehicles/equipment as part of the 2023-2024 Vehicle/Equipment Replacement/Acquisition program. (B. James/D. Hardin-Trussel/C. Hernandez)      5.Resolution 23-R-97- Approving a contract for Architectural and Engineering Services for Fire Station 4. (S.Williams/G.Rodgers)      6.Resolution 23-R-99 - Authorizing a Schertz Main Street Local Flavor Economic Development Grant for 508 Main Street. (S. Williams/B. James)      7.Resolution 23-R-88 - Authorization of EMS, Utility Billing, Schertz Magazine, and Library debt revenue adjustments. (S.Gonzalez/J.Walters) Mayor Gutierrez asked for a motion to approve Consent Agenda Items #1 - 7.      4  Moved by Councilmember Tim Brown, seconded by Councilmember Allison Heyward  AYE: Mayor Pro-Tem Michelle Watson, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed   Public Hearings   8.Ordinance 23-S-21 - Conduct a public hearing to consider a request to rezone approximately 4.5 acres of land from General Business District (GB) to General Business-2 District (GB-2), located at the intersection of IH 35 Access Road and Legacy Oaks Parkway, also known as 16746 IH 35 N, Schertz, Guadalupe County, Texas, also known as Guadalupe County Property Identification Number 64672. First Reading (B. James, L. Wood, D. Marquez) Mayor Gutierrez recognized Daisy Marquez, Planner, who provided the location of the subject property, the public hearing notices sent August 8, 2023, public hearing notice published in the San Antonio Express News on August 30, 2023, and the responses received as of September 7, 2023 (2 in favor; 0-opposed; 0 neutral). Current zoning is General Business District (GB). Proposed zoning is General Business-2 District (GB-2). GB-2 requires a Specific Use Permit (SUP) for automobile sales, allows light-industrial, and heavier traffic uses. Per applicant letter of intent, applicant needs to rezone to GB-2 to request SUP for the proposed automobile sales at the subject property. Recommendations: The Schertz Planning and Zoning Commission met on August 23, 2023, and voted to recommend that the City Council approve the proposed zone change as presented with a 5-2 vote. Staff recommends denial of the requested Specific Use Permit based on incompatibility with the Comprehensive Land Use Plan Designation, and inconsistency with the existing uses in the area and along the southern IH-35 corridor. Applicant, Ken Brown representing Kahlig Automobile Group, who owns13 North Park dealerships in and around the San Antonio area, including the Audi dealership in Selma, presented a brief video of the planned development. Mr. Brown stated he understands the staff's concerns should the dealership be granted the GB-2 zoning and then leave. They spoke with the Wuest family who is willing to enforce restrictive covenants to prevent undesirable uses of the property in the future as a proactive measure. They are proposing a luxury vehicle dealership.    5 Mayor Gutierrez opened the meeting to the Public Hearing Mr. Dana Eldridge, 2628 Gallant Fox Drive, stated he is opposed to having a car dealership developed on the subject property and recommended an alternative site. No other public spoke. Mayor Gutierrez closed Public Hearing and opened the floor to Council for discussion. Councilmembers discussed the uses of GB-2 and the future implications of rezoning the subject property. Most were not opposed to an automobile dealership but did not think this was the appropriate location. Mayor Gutierrez called for a motion to approve Ordinance 23-S-21.    Moved by Councilmember David Scagliola, seconded by Councilmember Mark Davis  AYE: Councilmember Mark Davis, Councilmember David Scagliola NAY: Mayor Pro-Tem Michelle Watson, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember Allison Heyward, Councilmember Tim Brown Failed   9.Ordinance 23-S-22 – Conduct a public hearing and consider a request for a Specific Use Permit to allow automobile sales on approximately 4.5 acres of land, located at the intersection of IH 35 Access Road and Legacy Oaks Parkway, also known as 16746 IH 35 N, Schertz, Guadalupe County, Texas, also known as Guadalupe County Property Identification Number 64672. First Reading (B. James, L. Wood, D. Marquez) Mayor Gutierrez explained that since Ordinance 23-S-21 failed, no public hearing is required for this item as no action can be taken.      Workshop   10.Presentation on Planned Development Districts (PDDs) Mayor Gutierrez recognized Planning Manager Emily Delgado who presented information on PDDs. A PDD is created to promote and encourage innovative development that is sensitive to the surrounding land uses. If this necessitates varying from available zoning districts, the proposed development should demonstrate community benefits. They should not be used to deviate from the provisions of the UDC that contradict its intent. Ms. Delgado provided the minimum land size standards and the standards of PDD development.    6 The criteria for approval are as follows: (1) whether the proposed PDD implements the policies of the adopted Comprehensive Land Plan; (2) whether the proposed PDD promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; (3) whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; (4) whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; (5) the extent to which the proposed PDD will result in a superior development than could be achieved through conventional zoning; (6) whether all the applicant's back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and, (7) whether other criteria are met which, at the discretion of the Planning and Zoning Commission and City Council, are deemed relevant and important in the consideration of the amendment. Discussion surrounding PDDs vs amendments to the UDC is driven by the City's goals/desires. Mayor Gutierrez opened the floor to Council for discussion. Councilmember Whittaker stated there is a community benefit of smaller lot sizes because salaries are not rising as fast as the cost of living, so more people can afford a home if the lot sizes are reduced. She would like some of the standard reductions that are approved consistently to be addressed as amendments to the UDC. Councilmember Brown stated he still likes the variety of lot sizes. The PDD allows for a mix of single residential and multifamily developments. Councilmember Scagliola likes the diversity the PDD provides, however, he likes straight zoning too. He added that the PDD is supposed to benefit the city and not be a mechanism for the developer to define the building standards, for example reducing the size of a lot by 30% from what the UDC allows. He is not okay with using the PDD in this manner. Councilmember Davis added that you have rules, and those rules should be followed. Allowing developers to submit what they want outside of the UDC is counterproductive to staff and the community at large. There is some value to the PDD, such as signage and/or landscaping. He requested data comparing lot sizes including setbacks with neighboring cities. PDD should not be used to deviate from lot size. Lot size should be a line item in the UDC. Mayor Pro-Tem Watson agreed that the PDD should not be used to deviate from the standard lot size. 7 Councilmember Dahle concurred with Councilmember Whittaker that the UDC needed to be amended for the signage. He stated that the PDD needs to identify the community benefit and the onus is on the developer to present that. He suggested that if the PDD is used to reduce the lot size, then there should be some stipulation that at least half the lots must meet the minimum size limitations as defined in the UDC. There should be some intent by the developer to meet the base zoning requirements, but if the shape of the property creates an issue to do so, then the PDD should be submitted. Councilmember Heyward stated she has no issue with the PDD especially if the developer is bringing in something unique, and they can show the community benefit. PDDs allow the city to have some control over the design elements and things the city is looking for with the new development. Lot size plays a role in affordability, so we need the flexibility. Deputy City Manager Brian James provided insight on the use of PDDs vs the UDC requirements. He shared the issues faced by staff when addressing variances, how much flexibility can be given, and whether setting stricter measures in the UDC will have greater implications. Mayor Gutierrez closed the discussion with final thoughts regarding guidelines needing to be provided to developers trying to maximize the value of the property on what is negotiable and what is not.   11.Presentation on Parking on Unimproved Surfaces Mayor Gutierrez recognized Rebecca Vera, Neighborhood Services Manager, who provided an update on UDC Article 10 Parking Standards and Article 8 Outdoor Display and Storage violations. She stated there are several open cases in both residential and mixed-use properties. Ms. Vera explained the Case Progression from Violation Noted to Citation. A typical case can take as long as 6 months before a citation is issued. The City does offer property owners or businesses an extension of up to 6 months to work through solutions. There are processes in place to help property owners get resolution. Mayor Gutierrez opened the floor to council for questions. Dr. Scagliola stated that the intent was to clean up the property, but not to create a greater problem. He didn't believe encumbering small business to fill in a retention pond to pave a parking lot was the intention that Council set out to achieve. He would like to sit with small businesses that are affected by the parking ordinance specifically to work through alternative resolutions. He understands there are some egregious situations, where you can tell it has gone on too long and the use is inappropriate, however, there are businesses that in all good faith want to comply with City ordinances who have operated for a long time and contributed to the growth of the City immensely. He would like an opportunity, or someone from the staff, to sit down with businesses and come up with a compromise. Councilmembers Whittaker, Dahle, and Heyward were all in agreement with Dr.    8 Councilmembers Whittaker, Dahle, and Heyward were all in agreement with Dr. Scagliola. Additionally, they all agreed that the staff has done an excellent job in implementing and enforcing the code. Unfortunately, no one intended for the ordinance to force small businesses out of the city or to create a larger issue. Councilmember Davis stated that the ordinance needs to be enforced across the board. Parking on unimproved surfaces has been a prohibition in the City for a long time. He understands the concern of small businesses but as a business grows, they need to account for several issues including parking for staff and storage of vehicles. He reiterated his disagreement that this was something that the City would need to make an exception for. There must be a way to look at this in the code and find solutions. More research needs to be done to find resolutions without making exceptions to the code. Deputy City Manager Brian James provided final comments for staff. He agreed that there is more work to be done and he believes that staff has an idea on how Council wants them to move forward. City Attorney Santee requested direction on pending cases to provide guidance to the prosecutor. Mr. Santee explained these are criminal citations, so it is a significant issue if a business or property owner is brought into municipal court and stands trial. He also stated that there could be no distinction between residential and industrial violators. Council asked that the cases be paused until a final decision has been reached.   12.Presentation on Funding the Cost for Steel Utility Poles Mayor Gutierrez recognized Deputy City Manager Brian James who provided a brief presentation on steel utility poles vs wood utility poles. The UDC generally requires utilities to be underground, however, waivers can be granted generally based on adjacent land use to allow them to be overhead so long as they are on steel poles. Utility companies generally charge the developer to extend utilities to and through a project as part of providing service and pass the cost of the steel poles along to the developer. When there is the need for a general extension or upgrade in service paid for by the utility company, they push back on the steel pole requirement. In addition to the UDC, the franchise agreement and the Public Utility Commission (PUC) regulations must be considered. Issue at hand is a CPS project to replace 20 existing wooden poles on Ray Corbett Drive. CPS has provided a cost to upgrade these poles from wood to steel at an estimated cost of $106,834, which is $63,902 greater than the cost to use wooden poles. Staff is seeking guidance from Council on whether to pay the additional $63,902 for the steel poles or opt for the wooden poles. Mr. James stated that outside of a large project like FM 1518, staff estimates they review utility company driven projects involving 100-200 poles per year. The average increased cost for steel poles is $3200/each, so the increased cost could range between $320,000 and $640,000 per year that would come from the general fund.    9 between $320,000 and $640,000 per year that would come from the general fund. Councilmember Whittaker stated that the steel poles look nice, but she's not convinced its fiscally responsible to spend the extra funding on them. Councilmember Dahle stated he wasn't in favor of having steel poles mandated in the UDC before and is still highly opposed to spend additional funding on them. Funds could be spent in other, more important areas, Councilmember Brown likes how the steel poles on FM 1518 look and asked if they could do something like a PCI where we have a plan of what roads are going to be prioritized. Makes sense to him to approve the funding for the steel poles on Ray Corbett as an extension of the 1518 and its entry into a nice neighborhood. He is not advocating that every pole be a steel pole but with a plan and prioritization of main streets, Council can determine which areas they would like to have them placed.   13.Discussion Regarding Rules and Procedures a. Videoconferencing Mayor Gutierrez recognized Councilmember Heyward who requested videoconferencing be discussed by Council. Councilmember Heyward stated she brought this forward after attending an event at TML where this issue was discussed. It is not mandated by the State, but if you allow it, you must follow certain guidelines set by the State. In seeking an opinion from the City Attorney, she does not believe videoconferencing should be permitted. Councilmember Whittaker stated that she found it quite challenging to follow what was happening because it was difficult to hear when she participated in a Council meeting via videoconferencing. Since there are only two meetings per month, and there is the availability to watch the recording of the meeting, she does not support videoconferencing. Councilmember Dahle stated he had participated in Council meetings via videoconferencing, and he concurred with Councilmember Whittaker that it was difficult to hear. He is not opposed to disallowing videoconferencing, but there is some value in allowing it once or twice for extenuating circumstances. Councilmember Brown stated he is torn on the issue. He hates to limit participation by not allowing it, but there needs to be justification. Council should shoot for 100% live participation. If, however, we aren't following the state guidelines, then we shouldn't allow it. Councilmember Davis said they should disallow it. A few years ago, they increased the number of Councilmembers, so there shouldn't be an issue with establishing a quorum, plus the number of meetings per month was recently reduced to two. Additionally, there is a provision that says if you're out for work, illness, or city business it's an excused absence. It is not worth the    10 work, illness, or city business it's an excused absence. It is not worth the additional work to set up the technology equipment to accommodate it. Although we have great IT support here, the individual on the other end may not have appropriate internet or cell service to fulfill their end of the agreement. If you can't be in attendance, have an excused absence. Councilmember Heyward followed up by stating like Councilmember Whittaker, she had difficulty with internet service when she tried to videoconference from a hotel as well. The service was intermittent, communication was delayed, and she couldn't always hear. Mayor Gutierrez closed the discussion stating that Councilmember Davis was correct in his statement regarding absences, and it is taxing on the staff. He stated this would be brought back to Council with an ordinance for approval. b. Hearing of Residents-Written Communications Mayor Gutierrez recognized Councilmember Whittaker who requested this topic be brought to Council for discussion. Councilmember Whittaker stated that although the website said the City Secretary would read statements received from residents, it's not the actual policy. She would like Council to go back to the policy and not read them. All Councilmembers have their email addresses readily available, and to her knowledge everyone reads theirs, so residents can email them directly, or they can email them to the City Secretary who will then forward them to Council. They do not need to be read. Councilmember Heyward referenced Ordinance 21-M-28 which reflects the City Council's Rules and Procedures does not say that written communications will be read but rather distributed to Council. State law does not require resident statements to be read by staff during City Council meetings. Councilmember Davis stated he understands what the rules say. He indicated that the issue that arose at the last council meeting when Council was asked whether a statement should be read that Council was not provided a copy of the email beforehand. Had the statement been provided, Council would not have voted to have it read, but documented it had been received. Councilmember Heyward asked for clarification on the process going forward. Mayor Gutierrez responded that any written communications received from residents as part of the Hearing of Residents will only be provided to Council and not read a loud at the Council meeting. Nothing needs be changed in the Rules and Procedures, but the website needs to be updated to accurately reflect the policy. Mayor Gutierrez recessed to Closed Session at 9:31 p.m.   Closed Session 11 Closed Session   14.The City Council will meet in closed session pursuant to 551.071 of the Texas Government Code, consultation with attorney to receive legal advice related to interpretations regarding land use under the comprehensive plan. Mayor Gutierrez convened Closed Session at 9:35 p.m. Mayor Gutierrez recessed Closed Session at 9:55 p.m.   Reconvene into Regular Session Mayor Gutierrez reconvened to Regular Session at 10:00 p.m.   15.Take any action based on discussion held in Closed Session under Agenda Item #14. No action was taken based on discussion in Closed Session under Agenda Item #14.   Information available in City Council Packets - NO DISCUSSION TO OCCUR   16.Monthly Financial Statements for June and July 2023 (S. Gonzalez/J. Walters)     17.Guadalupe Appraisal District Information-Nominations and Voting Process - Guadalupe Appraisal District sent the process and timeline for nominating candidates for the GAD Board of Directors. Please see attached brief description and the calendar of dates in which action is needed. (S.Williams/S.Edmondson)      Requests and Announcements Requests by Mayor and Councilmembers for updates or information from Staff No requests by Mayor or Councilmembers for updates or information from Staff. Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda No requests by Mayor or Councilmembers that items or presentations be placed on a future City Council agenda. Announcements and City Events attended by Councilmembers *Councilmember Davis attended the TIRZ II meeting. *Councilmember Whittaker attended The Chamber Luncheon, TIRZ Board meeting, NEP Luncheon, and the Ditzy Gypsy Ribbon Cutting. *Councilmember Scagliola attended The Chamber Luncheon. *Councilmember Heyward attended Paws in the Pool, NEP Luncheon, First United Bank's Women's Night of Empowerment, The Chamber Luncheon, Ditzy Gypsy Ribbon Cutting *Councilmember Brown attended The Chamber Luncheon.   12 Adjournment Mayor Gutierrez adjourned the meeting at 10:02 p.m.   _______________________________ Ralph Gutierrez, Mayor ATTEST: ____________________________________ Sheila Edmondson, City Secretary 13 Agenda No. 2.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Library Subject:Resolution 23-R-98 - Approving a Resolution authorizing the City Manager to enter into an Interlocal Agreement with Guadalupe County for Library Services. (S. Gonzalez/M. Uhlhorn) BACKGROUND The City of Schertz and Guadalupe County have had an interlocal agreement regarding the provision of library service to County residents since 1981. The Commissioners’ Court has long held the view that library services are beneficial to all County residents and has entered into agreements with each of the three public libraries in the County to provide library service to all its residents for many years. The proposed Interlocal Agreement is for one fiscal year, from October 1, 2023 through September 30, 2024, with an option to renew each successive year. The agreement can be terminated by either party with written notice not less than 30 days prior to the agreement’s end.  Note—the City of Cibolo has also provided funding for the Schertz Library since the late 1990s. The FY 2024 agreement is in the amount of $40,000. The City of Selma has provided funding since 2009 and the FY 2024 agreement will provide approximately $25,000 in the upcoming fiscal year. A recent look at cardholder statistics shows that 71% of the library's cardholders live in Guadalupe County. The majority of them live within the limits of the cities of Schertz, Cibolo and Selma and are entitled to use the Schertz Library as a result of Schertz resident status, or the agreements with the other cities. Only 4.4% of the library’s Guadalupe County cardholders live in other parts of Guadalupe County.  One other item of note—it is the Schertz Library’s practice to allow residents of the State of Texas to use the library free of charge. Out of state residents pay $15.00 per person per year to have full access to all resources. The Texas State Library has a program called Texshare in which Schertz participates. The program allows Schertz Library cardholders to have access to resources, though often on a limited basis, at other participating libraries, including the San Antonio Public Library System, Seguin Library and the New Braunfels Library System. GOAL The goal is to eliminate digital divide and provide educational opportunities for all County residents by providing access to library services without duplication of effort on the County's part. Contracting with existing library service providers is an efficient way to provide service, while at the same time, it helps offset our own operational costs. COMMUNITY BENEFIT The Schertz Public Library fills a significant community need by providing quality of life opportunities for area families and individuals. Services include circulation of books and other media, access to digital content, public computers and Internet, educational programs, and reference services. This Interlocal agreement is mutually advantageous to both the County and the City. It allows the County to efficiently and economically provide library service to its residents who would not otherwise have it, and the City receives funds that help offset operating costs for its residents. It also allows Schertz residents to use the libraries in Seguin and Marion free-of-charge. SUMMARY OF RECOMMENDED ACTION Staff recommends re-authorizing the Public Library Interlocal Agreement with Guadalupe County as it is mutually beneficial. FISCAL IMPACT The County will pay the City $228,009.96 in monthly installments of $19,000.83 for Library Services as outlined in the ILA under section III, Consideration, which is a 4.8% increase over last fiscal year. The Schertz Library budget is $1,386,218 for FY24. RECOMMENDATION Staff recommends approval of Resolution 23-R-98 and re-authorizing the Public Library Interlocal Agreement with Guadalupe County as it is mutually beneficial. Attachments Resolution 23-R-98 with attachment  RESOLUTION NO. 23-R-98 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT WITH GUADALUPE COUNTY, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best interest of the City to enter into a Public Library Interlocal Agreement with the Guadalupe County, Texas (the “County”), permitting the citizens of the County to utilize the services of the City’s public library; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Public Library Interlocal Agreement with Guadalupe County in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this ____ day of ____________, 2023 CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmonson, City Secretary (CITY SEAL) Exhibit “A” Interlocal Agreement Page - 1 - of Two Pages STATE OF TEXAS § § 100-630-800.4945 COUNTY OF GUADALUPE § PUBLIC LIBRARY INTERLOCAL AGREEMENT BETWEEN GUADALUPE COUNTY AND THE CITY OF SCHERTZ This Public Library InterLocal Agreement, effective as of the date of final execution (hereinafter refe rred to as “Agreement”), is between Guadalupe County (hereinafter referred to as “County”), Texas, and the City of Schertz, (hereinafter referred to as “City”), Texas. WHEREAS, the City has an established public library and has for several years provided free public library services to all citizens of the County residing in or near the City by informal agreement with the County; and WHEREAS, the County and the City have determined to enter into this Agreement relating to the provision of free public library services (hereinafter referred to as “Library Services”), to the citizens of the County, and to set out the purposes, terms, rights, objectives, duties, and responsibilities of the County and the City with respect thereto; and WHEREAS, the County and the City have determined that the provision of the Library Services is a public purpose and within their statutory powers of government; and WHEREAS, the County and City are political subdivisions of the State of Texas, and are authorized to execute this Agreement pursuant to Texas Government Code 791.001 et. seq. as amended, and Local Government Code Section 323, as amended (the “Act”). NOW, THEREFORE, the County and the City, acting by and through their duly authorized officers, hereby covenant and agree as follows: I. Purpose 1. The City agrees that the established library of the City shall assume the functions of a county library within the County, all as permitted by the Act. 2. The Librarian of the City’s established library holds a county librarian’s c ertificate from the Texas Library and Archives Commission, as required by the Act. 3. All public library facilities, books, reading material, and other equipment in the possession of the City’s library shall be equally accessible to all residents of the Count y during the term of this Agreement. 4. All public library facilities, books, reading material, and other equipment currently owned by the City of acquired for use in its established public library during the term of this Agreement shall remain the property of the City. II. Term and Renewal This agreement shall be for a term commencing with effective date of this Agreement throu gh and including October 1, 2023 to September 30, 2024 (the “Initial Term”), unless either party to this Agreement notifies the other party in writing that it wishes to terminate this Agreement. Such notice shall Page - 2 - of Two Pages be provided not less than thirty (30) days prior to the end of the Initial Term or any Renewal Term. III. Consideration 1. In consideration of the City’s provision of the Library Services during the Initial Term, the county agrees to pay the City a monthly sum of $19,000.83 (Nineteen Thousand Dollars and 83/100) on the 15th day of each month following the effective date of this Agreement. 2. The County and the City agree that the monthly amount payable by the County to the City shall be determined by good faith negotiations between the County and City and that such amount shall be determined not less than thirty (30) days before the end of the Initial Term and each Renew al Term. IV. Authorization The governing bodies of the County and the City have duly authorized this Agreement. V. Severability If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, for remaining portions hereof shall continue in full force and effect. VI. Amendments This agreement represents the complete understanding of the County and the City with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties. IN WITNESS WHEREOF, the undersigned have entered into the Public Library InterLocal Agreement, effective as stated herein. GUADALUPE COUNTY, TEXAS ATTEST By: ____________________________ By: ____________________________ Kyle Kutscher Teresa Kiel Guadalupe County Judge Guadalupe County Clerk Date:___________________________ CITY OF SCHERTZ, TEXAS ATTEST By: ____________________________ By: ____________________________ Steve Williams Sheila Edmondson City Manager City Secretary Date:___________________________ Agenda No. 3.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Engineering Subject:Resolution 23-R-101 - Accepting the semi-annual report on the progress of the Capital Recovery Capital Improvements Plan (B. James/K. Woodlee) BACKGROUND Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital Improvements Advisory Committee (CIAC) to file semi-annual reports with respect to the progress of the capital improvement 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 Ordinances includes the same requirement.  During the September 27, 2023 meeting, the CIAC received the semi-annual report covering October 1, 2022, through March 31, 2023, and recommended approval to City Council.  Active projects and associated expenses that are funded using Impact Fee Funds this period were as follows: Water  Corbett Ground Storage Tank  Expenses 1st Half FY23  Professional services - $36,017.92 Construction - $299,279.49 Status:  Construction Phase.  Construction contract awarded but construction delayed due to delays in grant funding process. City-wide Water Master Plan and Impact Fee Update Study  Expenses 1st Half FY23:  Professional services - $11,040.20 Status:  Water system model finalized, projected future demands applied, identification of capital improvement projects underway. Ware Seguin to Lower Seguin and Graytown to Pfeil Loop Lines  Expenses 1st Half FY23:  Professional services - $99,440.00 Status:  Design and easement acquisition efforts underway. Sewer  Woman Hollering Creek Wastewater Project  Expenses 2nd Half FY22:  Professional services - $164,187.25 Construction - $3,551,704.40 Status:  Construction continuing, force main installation complete, gravity main installation ongoing, lift station wet well and storage well construction underway.  Supply chain delays impacting electrical components, completion and lift station startup projected 1st half FY24. City-wide Wastewater Master Plan and Impact Fee Update Study  Expenses 1st Half FY23:  Professional services - $10,605.70 Status:  Wastewater system model being finalized, projected capacity demands based on future land use assumptions being developed and applied. Roadway  Service Area 1  Expenses 1st Half FY23 - $88,172.99 for median landscaping of newly constructed Cibolo Valley Drive from IH 35 to Old Wiederstein Road Service Area 2  Expenses 1st Half FY23 - $102,494.88 annual partial reimbursement to Babcock Road 165, Ltd., for cost of Ripps Kreusler extension ($205,076.89 remaining to be paid) Service Areas 3 and 4 - no expenses 1st Half FY23     GOAL The goal of Resolution 23-R-101 is Council acceptance of the semi-annual report regarding capital recovery funds for the first half of fiscal year 2022-2023. COMMUNITY BENEFIT The benefit of the semi-annual report process and acceptance of the report is compliance with State law and the City's Code of Ordinances to ensure that capital recovery fees are being collected and spent appropriately. SUMMARY OF RECOMMENDED ACTION Approval of Resolution 23-R-101 accepting the Capital Recovery Semi-Annual Report as recommended by the CIAC. RECOMMENDATION Staff recommends that City Council approve Resolution 23-R-101 accepting the Capital Recovery Semi-Annual Report as recommended by the CIAC. Attachments Res 23 R 101 with attachments  RESOLUTION NO. 23-R-101 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ACCEPTING THE SEMIANNUAL REPORT WITH RESPECT TO THE CAPTIAL RECOVERY CAPTIAL IMPROVEMENT PLANS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Capital Improvements Advisory Committee (CIAC) has reviewed the revenue and expenditures relating to the established Capital Recovery Fees in accordance with the Capital Improvements Plans for the City of Schertz; and WHEREAS, the City Council accepts the Semiannual Reports as filed by the CIAC in accordance with Texas Local Government Code Chapter 395; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1. The City Council hereby accepts the Capital Recovery Balance Report with respect to the Capital Improvement Plans for the City of Schertz, Texas, for the period between October 1, 2022 through March 31, 2023, as shown in Exhibit A, Capital Recovery Impact Fee Report, and Exhibit B, Minutes of the September 27, 2023, City of Schertz Capital Improvements Advisory Committee Meeting. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this ____ day of ____________, 2023. CITY OF SCHERTZ, TEXAS ________________________________ Ralph Gutierrez, Mayor ATTEST: _______________________________ Sheila Edmondson, City Secretary (city seal) EXHIBIT A Capital Recovery Impact Fee Report CITY OF SCHERTZ CAPITAL RECOVERY IMPACT FEE REPORT Oct 1, 2022 TO March 31, 2023 ************** IMPACTS FEES ************** Water Sewer Total Beginning Allocated Impact Fee Balance 1 4,349,036.20 5,548,597.44 9,897,633.64 Net Change in Allocted Impact Fees (21,629.11)(3,646,586.19)(3,668,215.30) Ending Allocated Impact Fee Balance 4,327,407.09 1,902,011.25 #6,229,418.34 Beginning Unallocated Impact Fee Balance 4,886,683.88 521,636.10 5,408,319.98 Revenues: Impact Fees 403,129.80 184,500.54 587,630.34 Transfer In 0.00 0.00 0.00 Interest Earned 963.06 17,586.65 18,549.71 Investments Income 108,034.79 113,009.62 221,044.41 Expenses: Professional Services 0.00 0.00 0.00 Auditor/Accounting Services 0.00 0.00 0.00 Investment Mgt Fee - Sewer 0.00 1,557.72 1,557.72 Transferred Out 0.00 0.00 0.00 Total Revenue Over/(Under) Expense 512,127.65 313,539.09 825,666.74 Ending Unallocated Impact Fee Balance 5,398,811.53 835,175.19 6,233,986.72 Estimated Cost of Unfunded Projects Loop Lines 793,121.81 Capital Impact Fee Study - Water 78,417.12 Capital Impact Fee Study - Sewer 97,902.49 Cibolo West Trunk Line 6,000,000.00 Total Unfunded Project Costs 871,538.93 6,097,902.49 6,969,441.42 Unfunded Projects to Ending Unallocated Impact Fee Balance 2 4,527,272.60 (5,262,727.30)(735,454.70) 1 2 Negative Unfunded Projects to Ending Impact Fee Balance to be funded by future revenues or through other sources 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. 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- RL2 Corbett Elevated Tank - RL1 Loop Lines - WA1 Current Cost Estimate 5,000,000$ 5,650,000$ 1,806,076$ Capital Recovery Funding/Allocation 2011 2012 2013 12,251.14$ 2014 500.00$ 2015 86,166.10$ 2016 3,050,000.00$ 2017 2018 2019 1,375,000.00$ 2020 2021 512,000.00$ 2022 4,230,818.70$ Capital Recovery Funding Balance -$ 4,742,818.70$ 4,523,917.24$ -$ -$ -$ Other Funding Sources -$ -$ 924,031.46$ 1,012,954.19$ -$ -$ Total Project Funding Sources -$ 4,742,818.70$ 5,447,948.70$ 1,012,954.19$ -$ -$ Project Annual Expenses 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 1,994,741.24$ First Half 2020 1,385,858.48$ Second Half 2020 1,161,122.42$ First Half 2021 172,980.16$ Second Half 2021 114,254.48$ 91,433.48$ First Half 2022 154,707.22$ -$ Second Half 2022 124,820.80$ -$ First Half 2023 21,629.11$ 40,455.00$ Total Expenses -$ 415,411.61$ 5,156,942.13$ 40,455.00$ -$ -$ Allocated Impact Project Fee Balance -$ 4,327,407.09$ -$ -$ -$ -$ Project Balance -$ 4,327,407.09$ 291,006.57$ 972,499.19$ -$ -$ Project Status Future Future Complete Future Future Future Capital Recovery Water Projects Capital Improvements Program Original Cost Estimate Current Project Designation Current Cost Estimate Capital Recovery Funding/Allocation 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Capital Recovery Funding Balance -$ -$ -$ 487,848.00$ 7,795,000.00$ -$ Other Funding Sources Bond 2007 931,739.74$ Bond 2013 3,069,305.46$ Total Project Funding Sources Project Annual Expenses First Half 2012 Second Half 2012 First Half 2013 Second Half 2013 First Half 2014 Second Half 2014 First Half 2015 Second Half 2015 First Half 2016 Second Half 2016 First Half 2017 Second Half 2017 First Half 2018 Second Half 2018 First Half 2019 Second Half 2019 First Half 2020 Second Half 2020 First Half 2021 Second Half 2021 First Half 2022 Second Half 2022 First Half 2023 Total Expenses Allocated Impact Project Fee Balance Project Balance Project Status -$ 6,615.06$ -$ -$ 98,737.52$ 143,307.30$ 41,375.48$ -$ -$ -$ 152,267.99$ 1,749,743.26$ -$ 9,114,562.20$ -$ -$ 931,739.74$ -$ 335,580.01$ Future Complete Future On Going On Going Future -$ -$ -$ 152,267.99$ 1,749,743.26$ -$ 3,715,891.65$ 3,886,885.47$ -$ 225,595.33$ 56,860.59$ 225,106.41$ -$ -$ -$ 16,123.52$ 68,609.20$ 212,479.83$ 247,870.62$ 4,048.18$ 33,784.40$ 121,438.32$ 83,983.26$ 6,220.00$ 815,683.00$ 38,315.41$ 5,858.72$ 5,382.50$ 46,690.62$ 34,775.84$ 28,743.00$ 61,364.70$ 980.00$ 17,032.55$ 49,861.30$ 82,262.17$ 10,864,305.46$ 487,848.00$ -$ 931,739.74$ -$ -$ -$ 7,795,000.00$ 487,848.00$ 931,740$ 487,848$ 12,000,000$ 6,000,000.0$ Capital Recovery Sewer Projects 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 Town Creek Phase III - QA3 Crossvines Batch Plant Expansion - QA4 Woman Hollering Trunk Line - QA2/Q01 Cibolo West Truck Line 15,000$ 659,126$ 1,000,000$ 600,000$ 9,600,000$ CITY OF SCHERTZ ROADWAY IMPACT FEE REPORT Oct 1, 2022 TO March 31, 2023 Area 1 Area 2 Area 3 Area 4 Total Beginning Allocated Impact Fee Balance 0.00 0.00 0.00 0.00 0.00 Net Change in Allocted Impact Fees 0.00 0.00 0.00 0.00 0.00 Ending Allocated Impact Fee Balance 0.00 0.00 0.00 0.00 0.00 Beginning Unallocated Impact Fee Balance 805,970.93 564,027.75 1,183,301.24 6,053.19 2,559,353.11 Revenues: Impact Fees 109,471.43 98,144.59 141,540.00 0.00 349,156.02 Transfer In 0.00 0.00 0.00 0.00 0.00 Interest Earned 94.09 471.99 162.39 2.34 730.81 Investments Income 17,509.00 11,584.55 27,074.48 178.82 56,346.85 Expenses: Development Incentive Fund 0.00 102,494.88 0.00 0.00 102,494.88 Professional Services 0.00 0.00 0.00 0.00 0.00 Auditor/Accounting Services 0.00 0.00 0.00 0.00 0.00 Transferred Out 0.00 0.00 0.00 0.00 0.00 Contingency 0.00 0.00 0.00 0.00 0.00 Construction 88,172.99 0.00 0.00 0.00 88,172.99 Total Revenue Over/(Under) Expense 38,901.53 7,706.25 168,776.87 181.16 215,565.81 Ending Unallocated Impact Fee Balance 844,872.46 571,734.00 1,352,078.11 6,234.35 2,774,918.92 ******************** ROADWAY IMPACTS FEES ******************** EXHIBIT B Minutes of the September 27, 2023 Capital Improvement Advisory Committee Meeting CAPITAL IMPROVEMENTS ADVISORY COMMITTEE MINUTES September 27, 2023 The Capital Improvement Advisory Committee convened on September 27, 2023 at 5:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. Present: Glen Outlaw, Chairman; Richard Braud, Vice Chairman; Danielle Craig, Commissioner; Judy Goldick, Commissioner; Mark Penshorn, Board Member; Tamara Brown, Commissioner; Patrick McMaster, Commissioner Absent: Gordon Rae, Commissioner; Roderick Hector, Commissioner; Bryan L. Jones, Board Member; John Carbon, Commissioner Staff present:Lesa Wood, Director of Planning & Community Development Brian James, Deputy City Manager Emily Delgado, Planning Manager Tiffany Danhof, Administrative Assistant Ameriz Gamez, Planner Daisy Marquez, Planner Samuel Haas, Senior Planner Larry Busch, Director of Public Works Jerad Moheit, Water/Wastewater Foreman Kathy Woodlee, City Engineer              1.CALL TO ORDER / ROLL CALL THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING Chairman Mr. Outlaw called the meeting to order at 5:07 P.M.   2.SEAT ALTERNATE TO ACT IF REQUIRED Mrs. Craig and Mr. McMaster were seated as the alternates.   3.HEARING OF RESIDENTS This time is set aside for any person who wishes to address the Capital Improvement Advisory Committee. Each person should fill out the Speaker’s register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Committee of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Residents who choose to watch the meeting via live stream, but who would like to participate in the Hearing of Residents, should email their comments to the Planning Division, at planning@schertz.com by 5:00p.m. on Tuesday, September 26, 2023, so that the Planning Division may read the public comments into the record under the hearing of residents. In the body of the email please include your name, your address, phone number, agenda item number if applicable or subject of discussion, and your comments. No one spoke.   4.PUBLIC HEARING: A.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. Kathy Woodlee provided a presentation. Chairman Mr. Outlaw opened the public hearing at 5:14 P.M. No one spoke Chairman Mr. Outlaw closed the public hearing at 5:14 P.M. Motioned by Commissioner Judy Goldick, seconded by Board Member Mark Penshorn to approve the report as corrected Vote: 6 - 1 Passed NAY: Commissioner Patrick McMaster Motioned by Commissioner Patrick McMaster, seconded by Commissioner Judy Goldick to reconsider the motion Vote: 7 - 0 Passed Motioned by Commissioner Patrick McMaster, seconded by Commissioner Judy Goldick to approve Vote: 7 - 0 Passed 5.ADJOURNMENT OF THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING Chairman Mr. Outlaw adjourned the regular meeting at 5:26 P.M. *Abstain counts as a nay vote. Agenda No. 4.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Engineering Subject:Resolution 23-R-106 – Authorizing the City Manager to enter into an agreement with Halff Associates, Inc., for design, bid, and construction phase engineering services for the IH 35 NEX-North Water and Wastewater Utility Relocation Project. (B. James/K. Woodlee/E. Schulze) BACKGROUND The Texas Department of Transportation (TxDOT) is working on a project to widen the right of way and paving of IH-35 from Pasatiempo Drive to Country Club Boulevard in the City of Schertz. Before the roadway improvements enter the construction phase, most utilities (including City water and wastewater facilities) must be relocated outside of the ultimate pavement section.  The relocation of City facilities is 100% reimbursable due to the project being a federal interstate project.  Only if the City decides to make upgrades to the existing utilities would the City be responsible for any costs associated with the project. Halff Associates, Inc., one of the City’s on call Engineers, is familiar with the location and operation of City utilities along IH-35 and has experience with City utility relocation projects along TxDOT roadways and is fully equipped to provide these services to the City.   GOAL Contract for design services to relocate water and wastewater lines necessitated by TxDOT’s IH-35 NEX-North road widening project. COMMUNITY BENEFIT The relocation of these lines will ensure the City utilities are provided in an alignment that allows adequate space for future maintenance. SUMMARY OF RECOMMENDED ACTION Staff recommends that the City Council approve Resolution 23-R-106, authorizing a project agreement with Halff Associates, Inc., for design, bid, and construction phase engineering services for water and wastewater relocations in advance of the IH-35 NEX-North roadway widening project.   FISCAL IMPACT Funding for the design work has been allocated from the City’s Water and Sewer Construction Reserves. The cost of design is $1,143,372 with a not to exceed amount of $1,259,000. Funding for the construction of the utility relocations will be handled separately and is currently estimated to be $10 million.  The City will have to provide initial funding, however, this project is 100% reimbursable because it’s a federal interstate project.   RECOMMENDATION Approval of Resolution 23-R-106. Attachments Res 23 R 106  RESOLUTION NO. 23-R-106 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HALFF ASSOCIATES, INC., TOTALING NO MORE THAN $1,250,000 FOR DESIGN, BID, AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE IH 35 NEX-NORTH WATER AND WASTEWATER UTILITY RELOCATION PROJECT., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City enter into an agreement for design, bid, and construction phase engineering services for the IH 35 NEX-North water and wastewater facilities relocation project; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Halff Associates, Inc., for the design, bid, and construction phase services as described in the Project Agreement attached hereto. (the “Agreement”). WHEREAS, the City Council authorizes expenditures with Halff Associates, Inc., for the IH 35 NEX-North Utility Relocation project for $1,143,372 with a not to exceed amount of $1,250,000 for the 2023-2024 Fiscal Year. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Halff Associates, Inc., in substantially the form set forth on Attachment 1. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this ____ day of October, 2023. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary (CITY SEAL) A-1 ATTACHMENT 1 PROJECT AGREEMENT Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 Task Order This is Task Order No. 15 , consisting of 8 pages. In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated October 17, 2019 ("Agreement"), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: TBD b. Owner: City of Schertz c. Engineer: Halff, Inc. d. IH35 NEX North Utility Relocations e. Specific Project (description): • TxDOT is currently under design for the I-35 NEX North project, a Federal Funded project that requires relocation of all public and private utilities. • Design Utility Relocations of approximately 22,000 feet of water lines predominantly of 12-inch diameter. All other City of Schertz water lines and services smaller than 6-inch in diameter and within TxDOT construction limits are included in this scope of work. • Design Utility Relocations of approximately 3,500 feet of wastewater lines sizes 4- and 16-inch in diameter, including a 4-inch force main. All wastewater service relocations within TxDOT construction limits are included in this scope of work. • TxDOT is expecting 60% plan submittal in October 2023 with 90% and Final Joint Bid Utility submittals due January 2024, and June 2024, respectively. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are as follows: PROJECT ASSUMPTIONS • Contract for utility relocations will be between Halff and the City of Schertz • TxDOT will reimburse cost to City of Schertz • The improvements are planned to be joint-let for bidding in December 2024 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 • Utility conflict mitigation limits for the City of Schertz are along the IH35 NEX North Project (CCSJ/RCSJ: 0016-05-111, 0016-06-115) from Schertz Parkway to Country Club Boulevard • Utility relocation PS&E will be prepared and included as part of the IH35 NEX North Project (CCSJ/RCSJ: 0016-05-111, 0016-06-115). • Special Specification will be administratively approved by TxDOT for modifications necessary for the proposed IH35 NEX water and wastewater main improvements (TBD). • TxDOT/City to provide all base files for utility relocation design. • SUE is being provided by TxDOT consultants. An allowance is included within Halff’s scope and fee to cover additional SUE expense (as necessary) outside of TxDOT contract values. • TxDOT to provide additional SUE QLA test holes as needed for utility relocation design. An allowance is included within Halff’s scope and fee to cover additional SUE QLA test holes (20 max) outside of TxDOT contract values. • Assume "Buy America" for all iron and steel utility design elements. • TxDOT is expecting 60% plan submittal in October 2023 with 90% and Final Joint Bid Utility submittals due January 2024, and June 2024, respectively. PHASE 1 – Project Management and Coordination a) Engineer will manage the design team schedule and budgets, including sub-consultants (if applicable), and maintain project records contracts in accordance with the agreement. Based on TxDOT’s current schedule, eight (8) month design phase and twelve (12) month construction phase of project management anticipated. b) Engineer will prepare monthly invoices in a format acceptable to the city along with a progress report of activities accomplished during the period. c) Participate in weekly coordination meetings with city staff to discuss project updates and address conflicts. For estimating purposes, twenty (20) meetings are estimated, if more meetings are required, supplemental services may be required. Deliverables –Weekly coordination meeting notes, Monthly Progress Reports, Meeting Minutes PHASE 2 – Data Collection and Review Task 1 – Data Acquisition Halff will review existing record drawing and existing easement information obtained from the City including but not limited to: a) As-built records for all available City water and wastewater within the area of study. b) Existing plat and separate instrument easement documents recorded with the City of Schertz, Guadalupe and Comal Counties. c) Pending development plans with anticipated connections, ROW and/or easement dedications to the City of Schertz. d) Review of TxDOT provided base files including survey, SUE information. Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 Task 2 – Subsurface Utility Engineering and Utility Coordination a) Provide up to twenty (20) SUE quality level ‘A’ test holes at locations of potential conflict as identified through the conflict analysis process for the IH35 NEX North Project. Consultant will provide a map of proposed test holes to the City for review and approval prior to beginning any field work. b) Perform conflict analysis with proposed improvements. c) Task 2 allowance requires additional authorization in the event needed. Task 3 – Topographic Survey (as needed) a) Perform field survey required collect supplemental site topography information needed in the design of the project; establish or locate at least two Benchmarks within the job site. Provide necessary number of control points on the ground for the Project and ensuring horizontal and vertical control correspond with the design plans. Deliverables (as needed) –SUE test hole data sheets, meeting minutes. PHASE 3 – Utility Design – Halff shall develop plans, specifications, and estimate (PS&E) to be incorporated into construction documents for use in bidding and constructing of the TxDOT initiated IH35 NEX North project. Plans will be prepared and submitted to the City of Schertz and TxDOT to coincide with the 60%, 90%, and Bid phase submittals. The final design will consist of the following tasks and is based on the assumptions below: • Utility design will in accordance with the following manuals and standards: o Modified Special Specification incorporating City of Schertz standards and approved by TxDOT as part of the current IH35 NEX North joint bid project o City of Schertz standards and specifications relative to water and wastewater mains o Texas Commission on Environmental Quality (TCEQ) • Utility relocation design will be submitted for review and approval by TxDOT • TxDOT approved utility relocation design will be incorporated into the IH35 NEX North construction drawings Task 1 - 60% PS&E Documents 1. The 60% PS&E construction plan set shall consist of the following: a) Utility general notes b) Demo and Removal plan c) Review of TxDOT’s construction traffic control plan and phasing d) Water plan and profile sheets e) Wastewater plan and profile sheets f) Wastewater bypass plan g) Standard and project specific details 2. Prepare draft technical specifications for the water and wastewater utility relocations for the IH35 NEX North project. TxDOT Special Specifications will be modified and provided to the City Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 and TxDOT for administrative approval. Such modified special specifications are anticipated to be utilized to supplement TxDOT general conditions. 3. Prepare a 60% opinion of probable construction costs (OPCC) Task 2 - 90% and Bid Set PS&E Documents 1. The 90% PS&E construction plan shall consist of the following: a) Incorporate City of Schertz and TxDOT review comments on the 60% submittal. b) Prepare any additional sheets required that were not included in the 60% submittal phase. c) Revise technical specifications for the water and wastewater utility relocations associated with the IH35 NEX North project. TxDOT Special Specifications will be modified and provided to the City and TxDOT for administrative approval. Such modified special specifications are anticipated to be utilized to supplement TxDOT general conditions. d) Prepare a 90% opinion of probable construction costs (OPCC) Task 3- Bid Construction Documents a) Incorporate City of Schertz and TxDOT review comments on the 90% submittal. b) Finalize, seal, and incorporate the utility relocation plans into the IH35 NEX North project bid construction document package. c) Engineer will address contractor questions during the TxDOT bid process. For estimating purposes, ten (10 max) contractor questions are included. d) Engineer will prepare any Addenda necessary during the TxDOT bid process. For estimating purposes, one (1 max) Addenda issuance is included. Deliverables –60%, 90%, and bid construction submittals of plans, specifications, and opinion of probable construction cost. PHASE 4 – Construction Phase Services These services are intended to assist the City in administering the contract for construction, monitoring the performance of the construction Contractor, verifying that Contractor's work is in substantial compliance with the contract documents, and assisting the City in responding to the events that occur during construction. Administration Services as defined below. Task 1 – Submittals Review of Shop Drawings, Samples and Submittals - Halff review and approve all submittals for the water and wastewater relocation of the Contractor’s shop drawings, samples and other submittals for conformance with the design concept and general agreement of the contract. Halff will log and track all shop drawings, samples and submittals. Halff shall coordinate with City of Schertz for quality control. For estimating purposes, Ten (10 max) submittals are estimated to be reviewed. Additionally, two (2) rounds of comments and review of revised submittals are anticipated for this task. Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 Task 2 - Requests for Information (RFI) Halff will review the Contractor's requests for information or clarification of the contract for construction. Halff will coordinate and issue responses to requests to Contractor. Halff will log and track the Contractor's requests. Twenty (20 max) RFI’s are assumed as part of this proposal. Task 3- Review of Contractor's Requested Changes Halff shall review all Contractor-requested changes to the contract for construction. Halff will make recommendations to City regarding the acceptability of the Contractor's request and, upon approval of the City, assist in negotiations of the requested change. Upon agreement and approval, Halff shall prepare and submit supporting change order documents and plan revisions. Twenty (20 max) reviews of contractor’s requested changes are assumed as part of this proposal. Task 4- Contractor Pay Application Review Halff will review each contractor pay application submitted by the contractor to TxDOT (or TxDOT’s third party construction inspection engineer) and verify quantities installed with the onsite construction inspector. Halff will coordinate with the City project manager on any submitted pay application and formally send correspondence onto TxDOT (or TxDOT’s third party construction inspection engineer) upon direction of the City. Ten (10 max) pay application are anticipated for this task. Task 5 -Completion of Record Documents Halff shall prepare construction Record Documents based on information received from the Construction Contractor within thirty (30) days of substantial completion of construction and provide one (1) set of paper hard copy reproducible and one (1) electronic set of record drawings in .dwg and .pdf formats to the City of Schertz. These record documents are a compilation of the sealed engineering drawings for the IH35 NEX North utility relocation project, modified by addenda and change orders, and information furnished by the contractor. Information shown in the record documents provided by the contractor, or others not associated with the design engineer, cannot be verified for accuracy or completeness. Specified Additional Services Task 1 – Easement Acquisition (6 Parcels) a) Appraisal Services – Appraisal Services provided by Lowery Property Advisors. Mario Caro, MAI, AI-GRS, will prepare complete appraisal report for the parcel to be acquired utilizing TxDOT Forms No. ROW-A-5 and ROW-A-6 as applicable. These reports shall conform to City policies and procedures along with the Uniform Standards of Professional Appraisal Practices. b) Appraisal Review Services – Appraisal Review Services will be provided by HLH Appraisal Review Services. Harvey Heerssen will review appraisal report for the parcel to determine consistency of values, supporting documentation related to the conclusion reached, and compliance with City of Schertz policies and procedures and the Uniform Standards of Professional Appraisal Practices Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 and prepare and submit to the City of Schertz the Form "Tabulation of Values," for the appraisal. c) Acquisition Services 1) Analyze preliminary title commitment report to determine potential title problems, propose and inform City of Schertz of methods to cure title deficiencies. This includes analysis of access easements. 2) Secure title commitment updates in accordance with insurance rules and requirements for parcel payment submissions. There should not be any charges at this point, but if there are changes (such as abstractor fees) these costs must be reimbursed to Halff as pass-through costs. 3) Analyze appraisal and appraisal review reports and confirm the City of Schertz's approved value prior to making offer for the parcel. 4) Prepare and send the letter transmitting the Landowners’ Bill of Rights by Certified Mail- Return Receipt Requested (CMRRR). 5) Prepare the initial offer letter, instruments of conveyance, and any other documents required or requested by City of Schertz on applicable City of Schertz forms. 6) The written offer, appraisal report, and required brochures must be sent to the property owner or the property owner's designated representative through CMRRR. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. 7) Maintain original signed Receipt of Appraisal, (unless property owner refuses to sign it, it will be so noted) and the unsigned CMRRR receipt for billing purposes. 8) Respond to property owner’s inquiries verbally and in writing within three business days. 9) Prepare a separate negotiator contact report for the parcel. 10) Maintain parcel file of original documentation related to the purchase of the real property or property interests. 11) Advise property owner on the Administrative Settlement process. Transmit to City of Schertz any written counteroffer from property owner including supporting documentation, and provider recommendation, with regards to Administrative Settlements in accordance with City of Schertz policies and procedures. 12) Prepare final offer letter, documents of conveyance as necessary, and provide by CMRRR. Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 Task 2 – Metes and Bounds Descriptions (6 Parcels) 1) Prepare metes & bounds descriptions and accompanying parcel exhibits for six (6) parcels. The descriptions will be prepared in a manner acceptable for easement conveyance or other similar uses. 2) Set Parcel Corners. 3) Individual parcel exhibits shall be in pdf format, and shall be sealed, signed and dated by a Registered Professional Land Surveyor. ITEMS EXCLUDED FROM SCOPE OF SERVICES 1. Archeological survey and/or historic structure survey, including application for an Antiquities Permit, preparation of a historic research design, performing cultural resources reconnaissance or intensive surveys, evaluation of any resources for eligibility for listing in the NRHP, evaluation of effects on NRHP-eligible or NRHP-listed sites, or development of mitigation plans 2. USFWS and TPWD coordination/consultation 3. Field surveys for federal and state-listed threatened and endangered species. 4. Phase I Environmental Site Assessment 5. Design of public and franchised utility adjustments that are not noted in the above scope 6. Traffic Control Plans 7. Analyzing or simulating water supply networks 8. Storm Water Pollution Prevention Plan (SWPPP) 9. Property acquisition or negotiations, including easements, other than six (6) parcels as stated in the scope of work. 10. Filing fees, permit fees, and license fees 11. Coordination with individual property owners (Design and Construction Phases) 12. Construction Site visit or status meetings (City staff will perform inspection services, construction progress meetings and quality control during construction) (Halff can perform these services as supplemental services but will require scope modifications) 13. Drafting any City Council agenda items, exhibits, ordinances, resolutions or attendance of council meetings 14. Engineer’s certificates. The Engineer shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the judgment of the Engineer, increase the Engineer’s risk or the availability or cost of his professional or general liability insurance 15. Administrative and Billing process for City design fee or construction cost reimbursement packages with TxDOT. Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 Any additional services required beyond those specifically identified in this proposal are beyond the scope of services to be provided. Additional services, if requested, will be separately identified and negotiated and such additional scope and commensurate fee will be authorized under a supplemental agreement to this proposal/contract. 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B: 4. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: Party Action Schedule Engineer Furnish: 1. The consultant will submit five set of plans and specifications at the 60%, and two sets of plans at the 95% and Construction Documents. Consultant will participate in submittal review meetings for each milestone. Halff personnel will be available to commence work upon written notice to proceed. 60% Plans will be submitted on October 24, 2023. Owner 1. As Built drawings for public utilities within R.O.W. 2. Adjacent development plats. 3. Future projected utility layouts As Coordinated 5. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Fee provided shall be considered lump sum for the services described in this Task Order. See attached Exhibit B for Fee Schedule. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 6. Terms and Conditions Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is TBD. OWNER: ENGINEER: By: By: Edward Herolt, P.E. Print Name: Print Name: Title: Title: Engineer License or Firm’s: F-312 State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Name: Title: Title: Address: Address: Email Email Address: Address: Phone: Phone: EXHIBIT B - FEE SCHEDULE POSITION Sr. Project Project Manager/Mid Project Survey Admin Sr. RPLS SUE/Survey Crew SUE Test Lump Sum Total Cost DESCRIPTION Manager/QAQC Sr. Engineer Engineer Technician Assistant Manager 2-man Holes (ea)Fee Labor hrs. BILLABLE LABOR RATES $297.00 $223.00 $177.00 $129.00 $128.00 $80.00 $252.00 $196.00 $3,000.00 Lump Sum a) Project Management and Coordination (assumes 8 months design, 12 month construction) 40 120 60 220 $49,260.00 b) Prepare Monthly Invoices and Progress Reports (Assumes 18 Invoices) 9 18 18 45 $6,633.00 c) Project Meetings (Assumes 20 meetings) 40 40 20 100 $18,580.00 Total Hours 40 169 118 20 0 18 0 0 0 365 HOURS SUB-TOTALS 40 169 118 20 0 18 0 0 0 365 - BILLABLE RATE PER HOUR $297.00 $223.00 $177.00 $129.00 $128.00 $80.00 $252.00 $196.00 $3,000.00 - TOTAL - PHASE 1 $11,880.00 $37,687.00 $20,886.00 $2,580.00 $0.00 $1,440.00 $0.00 $0.00 $0.00 $0.00 $74,473.00 TASK 1 Data Acquisition 4 16 40 24 84 $14,932.00 TASK 2 SUE (Level A Testholes) (Allowance)2 8 16 20 46 $63,926.00 TASK 3 Topographic Survey (Allowance)2 8 16 40 40 120 226 $43,930.00 Total Hours 6 26 64 40 40 0 40 120 20 356 HOURS SUB-TOTALS 6 26 64 40 40 0 40 120 20 356 - BILLABLE RATE PER HOUR $297.00 $223.00 $177.00 $129.00 $128.00 $80.00 $252.00 $196.00 $3,000.00 - TOTAL - PHASE 2 $1,782.00 $5,798.00 $11,328.00 $5,160.00 $5,120.00 $0.00 $10,080.00 $23,520.00 $60,000.00 $0.00 $122,788.00 TASK 1 60% PS&E 85 Utility Investigation (Survey, As-Builts, Field Observations) 12 24 60 96 $14,664.00 Prepare SUE Pothole Plan (Allowance) 2 8 8 18 $2,894.00 ROW and Easement Review 4 4 12 16 36 $6,268.00 Review and Coordinate Construction Phasing Plan with TxDOT 4 12 20 32 68 $11,532.00 Prepare Removal Plan 16 40 40 96 $15,808.00 Prepare Water Design and Plan and Profile Sheets 12 100 200 420 732 $115,444.00 Prepare Water Details 8 24 60 84 176 $29,184.00 Prepare Wastewater Design and Plan and Profile Layout Sheets 8 100 200 420 728 $114,256.00 Prepare Preliminary Wastewater Bypass Plan 12 50 84 146 $22,362.00 Prepare Exception to Policy Request and Variance Request Letters 4 8 16 28 $4,372.00 Prepare Project Schedule 4 24 24 52 $10,788.00 Prepare Draft Technical Specifications 24 60 40 124 $27,588.00 OPCC (AACE 56R-08 Class 2)4 12 30 60 106 $16,914.00 QAQC 24 20 44 $11,588.00 Prepare 60% Submittal Package (5 complete sets)4 12 4 20 $2,576.00 Workshop Review Meeting and Walkthrough 8 24 24 24 80 $15,072.00 TASK 2 90% PS&E Respond to and Address 60% Comments 2 24 24 80 130 $20,514.00 Review and Coordinate Construction Phasing Plan with TxDOT 2 12 16 24 54 $9,198.00 Finalize Removal Plan 4 8 48 60 $8,500.00 Finalize Water Design and Layout Sheets 4 40 80 340 464 $68,128.00 Finalize Water Details 4 12 24 50 90 $14,562.00 Finalize Wastewater Design and Layout Sheets 4 24 80 200 308 $46,500.00 Finalize Wastewater Bypass Plan 8 12 50 70 $10,358.00 Finalize Exception to Policy Request and Variance Request Letters 4 8 16 28 $4,372.00 Update Project Schedule 4 12 16 $3,016.00 Finalize Technical Specifications 24 24 40 88 $19,560.00 OPCC (AACE 56R-08 Class 2)4 8 12 40 64 $10,256.00 QAQC 24 8 32 $8,912.00 Prepare 90% Submittal Package (5 complete sets)1 4 4 12 4 25 $3,765.00 Workshop Review Meeting 4 8 8 8 28 $5,420.00 UTILITY DESIGN SUMMARY DATA COLLECTION AND REVIEW IH35_NEX_Utility_Relocations - City of Schertz Estimated Level of Effort PHASE 1 SUMMARY PROJECT STARTUP & MANAGEMENT & COORDINATION No. Sheets Engineer EIT PHASE 2 PHASE 3 I-35 NEX North - City of Schertz EXHIBIT B - FEE SCHEDULE POSITION Sr. Project Project Manager/Mid Project Survey Admin Sr. RPLS SUE/Survey Crew SUE Test Lump Sum Total Cost DESCRIPTION Manager/QAQC Sr. Engineer Engineer Technician Assistant Manager 2-man Holes (ea)Fee Labor hrs. BILLABLE LABOR RATES $297.00 $223.00 $177.00 $129.00 $128.00 $80.00 $252.00 $196.00 $3,000.00 Lump Sum IH35_NEX_Utility_Relocations - City of Schertz Estimated Level of Effort PHASE 1 No. Sheets Engineer EIT TASK 3 100% PS&E Address 90% Comments and Resubmit Package (2 complete sets)2 18 30 60 110 $17,658.00 Prepare Sealed Plans and Specifications 2 24 48 70 144 $23,472.00 Prepare Final Exception to Policy Request and Variance Request Letters 2 4 8 14 $2,186.00 Prepare Final Engineer's OPCC 8 8 24 40 $6,296.00 Prepare 100% submittal (two (2) sets of contract documents)4 18 32 30 2 86 $14,896.00 Attend the Pre-Bid Conference 2 2 4 $1,040.00 Review and respond to RFIs during Bidding (10 max)2 12 24 38 $7,518.00 Prepare & issue addenda to Bidders (1 max)2 4 8 14 $2,902.00 Review bid tabulation 4 8 8 20 $3,340.00 Prepare Sealed Plans and Specifications with Addendums 2 12 12 12 38 $6,942.00 Total Hours 189 714 1246 2356 0 10 0 0 0 4515 HOURS SUB-TOTALS 189 714 1246 2356 0 10 0 0 0 4515 - BILLABLE RATE PER HOUR $297.00 $223.00 $177.00 $129.00 $128.00 $80.00 $252.00 $196.00 $3,000.00 - TOTAL - PHASE 3 $56,133.00 $159,222.00 $220,542.00 $303,924.00 $0.00 $800.00 $0.00 $0.00 $0.00 $0.00 $740,621.00 TASK 1 Submittals (10 max) 4 12 12 28 $5,988.00 TASK 2 RFIs (20 max) 4 8 8 24 44 $7,484.00 TASK 3 Review of Contractor's Requested Changes (20 max) 4 8 16 20 48 $8,384.00 TASK 4 Review of Contractor's Pay Application (10 max) 4 8 16 28 $5,804.00 TASK 5 Record Documents 4 24 24 80 132 $21,108.00 Total Hours 20 60 76 124 0 0 0 0 0 280 HOURS SUB-TOTALS 20 60 76 124 0 0 0 0 0 280 - BILLABLE RATE PER HOUR $297.00 $223.00 $177.00 $129.00 $128.00 $80.00 $252.00 $196.00 $3,000.00 TOTAL - PHASE 4 $5,940.00 $13,380.00 $13,452.00 $15,996.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $48,768.00 TASK 1 Appraisal Services (Assumes 6 Parcels) 4 18,000.00$ 4 $18,892.00 Appraisal Review Services (Assumes 6 Parcels) 4 9,600.00$ 4 $10,492.00 Acquistion Services (Assumes 6 Parcels) 2 66,000.00$ 2 $66,446.00 TASK 2 Prepare Metes and Bounds for six (6) Properties 2 30,000.00$ 2 $30,446.00 Survey Services to Stake Proposed easement Corners for Parcel Acqusition for six (6) Properties 2 30,000.00$ 2 $30,446.00 Total Hours 0 14 0 0 0 0 0 0 0 14 HOURS SUB-TOTALS 0 14 0 0 0 0 0 0 0 14 - BILLABLE RATE PER HOUR $297.00 $223.00 $177.00 $129.00 $128.00 $80.00 $252.00 $196.00 $3,000.00 TOTAL - SPECIFIED ADDITIONAL SERVICES $0.00 $3,122.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $153,600.00 $156,722.00 HOURS SUB-TOTALS 255 983 1504 2540 40 28 40 120 20 5530 $1,143,372.00 BILLABLE RATE PER HOUR $297.00 $223.00 $177.00 $129.00 $128.00 $80.00 $252.00 $196.00 $3,000.00 5530 TOTAL PROJECT SUMMARY $75,735.00 $219,209.00 $266,208.00 $327,660.00 $5,120.00 $2,240.00 $10,080.00 $23,520.00 $60,000.00 $153,600.00 $1,143,372.00 CONSTRUCTION PHASE SERVICES PHASE 4 TOTAL PROJECT SUMMARY SPECIFIED ADDITIONAL SERVICES ROW Acquisition Services SUMMARY SUMMARY SUMMARY I-35 NEX North - City of Schertz Agenda No. 5.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Police Department Subject:Resolution 23-R-111 – Authorizing Expenditures in an amount not to exceed $2,731,724.00 with Axon Enterprise, Inc., for the purchase of Body-worn, In-Car Cameras and Taser Replacements. (S.Williams/J.Lowery/H.Murphy) BACKGROUND Schertz Police Department has the immediate need to purchase body-worn, in-car cameras and Tasers to replace the discontinued existing cameras and tasers GOAL Obtain resolution by City Council authorizing expenditures with Axon Enterprise, Inc. COMMUNITY BENEFIT Purchasing the Axon OPS10+ bundle is technologically integrative, allows for continued growth, and the most cost-effective option. SUMMARY OF RECOMMENDED ACTION Seek resolution by City Council authorizing the final purchase of body-worn, in-car, and Tasers through Axon Enterprise, Inc.  FISCAL IMPACT The funds for the purchase of body-worn, in-car cameras, and Tasers are listed in the expanded program approved in the 2023-2024 annual police department budget.  Total cost will be $2,731,724 to be paid over 5 years equaling $546,344.80 annually.  RECOMMENDATION Request resolution from City Council for final contract award and purchase from Axon Enterprise, Inc.  Attachments Res-23-111  Agenda No. 6.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Engineering Subject:Resolution 23-R-105 – Authorizing the purchase of property and easements along IH-35 for the Riata Lift Station (B.James/K.Woodlee/E.Schulze) BACKGROUND Due to conflicts with the Texas Department of Transportation’s (TxDOT) proposed IH-35 NEX Northbound Frontage Road project, the City of Schertz must relocate the existing Riata Lift Station and associated sewer mains.  The relocated improvements will be shifted approximately 60 feet away from the existing frontage road and will be located within a new site for the lift station and easement for the gravity and force mains leading to and from the lift station from Fairlawn Avenue. In order to relocate the lift station and associated sewer mains, property and easements will need to be secured adjacent to the existing site and out of conflict with the TXDOT widening.  It has been determined that 0.6174 acres would need to be purchased to meet the new lift station site requirements, along with 0.2965 acres for a permanent easement and 0.2480 acres for a temporary construction easement for the sewer mains. TXDOT’s appraisal revealed an unadjusted square footage value range of $4.28 - $7.50.  Permanent easements were estimated to have a 90% of purchase price value and temporary easements 10%.  On April 25 th, Staff briefed Council on the property.  Council authorized Staff to negotiate with the property owner to acquire the property.   The City’s on-call engineer and right-of-way agent began negotiations with the property owner to acquire the property.  Our agent was able to secure an agreement to purchase the property and easements.  With closing costs and surveying the acquisition has a not to exceed cost of $300,000. As is typical with utility relocations along interstate facilities necessitated by TxDOT improvements, the cost is fully reimbursable.  Responsibilities of the City and TxDOT related to this relocation are outlined in a Standard Utility Agreement (SUA) funding reimbursement. GOAL To obtain authorization from City Council to purchase the property and easements along IH- 35 for the Riata Lift Station relocation plus closing and survey costs for a not to exceed amount of $300,000. COMMUNITY BENEFIT The purchase of property and easements will allow for the relocation of utilities and the continuation of sewer service to residents and businesses along the IH 35 corridor. SUMMARY OF RECOMMENDED ACTION Approval of Resolution 23-R-105 to authorize the purchase of the property needed to for the lift station Approval of Resolution 23-R-105 to authorize the purchase of the property needed to for the lift station relocation.  FISCAL IMPACT Initial funding has been allocated from the City’s Water and Sewer Construction Reserves. All project costs are reimbursable from the State of Texas due to this being an interstate highway. The cost is up to $300,000. RECOMMENDATION Approval of Resolution 23-R-105. Attachments Resolution 23-R-105  RESOLUTION NO. 23-R-105 A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY AND EASEMENTS ALONG IH 35 FOR THE RIATA LIFT STATION. WHEREAS, the Texas Department of Transportation (TxDOT) is undertaking the Interstate Highway 35 North East Expansion (IH 35 NEX) Project and has acquired additional right of way for the widening of the highway; and WHEREAS, the Riata Wastewater Lift Station of the City of Schertz, Texas, (City) is located in conflict with the planned TxDOT improvements to IH 35; and WHEREAS, the State of Texas will pay to the City of Schertz the costs incurred in adjustment, removal, and relocation of the Riata Lift Station and Wastewater Mains, including the site and easements; and WHEREAS, Staff briefed City Council on the merits of acquiring the property and Council authorized Staff to negotiate for purchasing the property on April 25, 2023; and WHEREAS, the City’s realtor has negotiated with the property owner and the property owner has agreed to sell the property to the City; and WHEREAS, City Staff has recommended that the City purchase the property and associated easements for the relocation of utilities along Interstate Highway 35 (Riata Lift Station and Associated Gravity and Force Mains) and reimbursement of project costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes purchasing the property and easements located along IH 35 and authorizes the City Manager to execute the necessary documents to purchase the property for an amount not to exceed THREE HUNDRED THOUSAND DOLLARS ($300,000.00) during the FY 2023-2024. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this ____ day of October, 2023. CITY OF SCHERTZ, TEXAS ________________________________ Ralph Gutierrez, Mayor ATTEST: _______________________________ Sheila Edmondson, City Secretary Agenda No. 7.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:City Secretary Subject:Resolution 23-R-96 - Nominations for the Guadalupe Appraisal Board of Directors for a term from 2023-2025. BACKGROUND Per S 6.03 (b.) of the Texas Tax Code, the terms of all members of the Guadalupe Appraisal District Board of Directors will expire on December 31, 2023.  A letter was forwarded to the required representatives of the taxing units entitled to participate in the nomination and voting process for the directors to serve the next two-year term. The Schertz City Council is entitled to nominate a candidate for each directorship to serve the 2023-2025 term. The following candidates have already been nominated for the 2023-2025 Guadalupe Appraisal Board of Directors: Mr. Ben Amador, Ms. Letticia Sever, Mr. Jim Lievens and Mr. Darren Dunn. Attachments Resolution 23-R-96  RESOLUTION 23-R-96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IN SUPPORT OF THE NOMINATION (S) FOR THE GUADALUPE APPRAISAL BOARD OF DIRECTORS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, section 6.03(k), of the Texas Property Tax Code, requires that each taxing unit entitled nominate candidates by Resolution and submit the list of nominees to the results of that vote to the Chief Appraiser of the Guadalupe County Appraisal District on or before October 15, 2023; and WHEREAS, the City of Schertz hereby supports the following nominee (s) for the Guadalupe Appraisal District Board of Directors for the following 2023 -2025 year; and WHEREAS, the City Council has determined that it is in the best interest of the City to nominate ________________ . NOW , THEREFORE, BE IT RESOLVED that the City Council of the CITY OF SCHERTZ hereby nominate(s) for directorship for the Guadalupe Appraisal District Board of Directors with a term ending December 31, 2025. Section l. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 2. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 5. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 6. This Resolution shall be in force and effect from and after its formal passage, and it is so resolved. PASSED AND ADOPTED, this _______ day of __________________, 2023. CITY OF SCHERTZ, TEXAS _________________________ Ralph Gutierrez ATTEST: Sheila Edmondson, City Secretary Agenda No. 8.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Planning & Community Development Subject: Ordinance 23-S-27 - Conduct a public hearing and consider amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 4, Section 21.4.12 Variances and Article 9 Section 21.9.7 Landscaping and Section 21.9.9 Tree Mitigation. First Reading (B. James, L. Wood, S. Haas) BACKGROUND As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the recommendation of City staff amend, change, or modify text in any portion of the UDC to establish and maintain stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals, and/or State and Federal regulations. Staff is proposing to make the city's Unified Development Code align more closely with the State of Texas Local Government Code (LGC). Ordinance 23-S-27 will accomplish this by amending Article 4 - Variances, and two sections of Article 9 in relation to tree caliper planting requirements. A Public Hearing notice was published in the San Antonio Express News on September 20, 2023. On September 13th, 2023, the Planning & Zoning Commission conducted a public hearing and made a recommendation of approval as presented.  Proposed Amendments: Staff is proposing to add language to Article 4, Section 21.4.12 Variances for clarification. Specifically, section 21.4.12.1.A states the following: "A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district." The Local Government Code has slightly more nuanced criteria in regards to the "economic gain or loss" than the UDC, and may be considered when granting variances as it pertains to structures. The Board of Adjustment has not denied nor has staff recommended denial for any variance within this regard. This proposed UDC amendment is an effort to be proactive and add clarity for staff, residents, and applicants. In this section of the UDC, staff is proposing to add verbatim language from the Local Government Code Section 211.009 (b-1) to the end of Section 21.4.12 as follows: In considering a variance as applied to a structure, the board may consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance:  The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code; Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement; Compliance would result in the unreasonable encroachment on an adjacent property or easement; or The municipality considers the structure to be a nonconforming structure For Article 9, staff is proposing to reduce Schertz's UDC planting requirement to two inches (2") to match the LGC minimum with relation to tree mitigation. This requires amendments in UDC Section 21.9.9 - Tree Mitigation. In LGC Section 212.905, the State has a minimum tree planting requirement of 2" inches. All trees planted above this requirement are eligible for mitigation credits. While the City of Schertz's current minimum of 2.5" inches is technically still permitted, the UDC has effectively built-in a credit process that may add complexity and confusion to the process.  Staff is also proposing to make the UDC more consistent and have the minimum planting requirements lowered in UDC Section 21.9.7 - Landscaping. The City of Schertz is permitted to have the current minimum of 2.5" inches however, in order to avoid confusion staff is recommending to lower the tree planting minimum in this section as well to make all plating requirements match in the UDC and be more in line with the LGC. Making the UDC consistent will help staff and applicants by making the development process easier to understand.    Proposed UDC Amendments to Tree Caliper Min. Requirements UDC Section Current Proposed (match LGC) 21.9.7 - Landscaping   2.5 inches 2 inches 21.9.9 - Tree Mitigation   2.5 inches 2 inches Finally, staff is proposing to include clarifying language that such tree calipers are measured at 4.5 feet above the ground, an industry term known as Diameter at Breast Height (DBH). Currently, the UDC has language that states 4-foot measurement requirements and 4.5-foot measurement requirements. These proposed amendments will make the UDC more consistent and just use the industry standard of 4.5 feet DBH. GOAL To amend the UDC to review and update the development regulations due to changing conditions and community goals in order to establish and maintain sound, stable and desirable development.  COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION The proposed amendments would help align the Schertz UDC with the State law, and make the The proposed amendments would help align the Schertz UDC with the State law, and make the development process easier for applicants and staff. These amendments have been reviewed by our legal team with no objection. On September 13th, 2023, the Planning & Zoning Commission conducted a public hearing and made a unanimous recommendation of approval as presented.  RECOMMENDATION The proposed amendments would add clarity for staff, residents, and applicants. Therefore, staff recommends approval of Ordinance 23-S-27. Attachments Ord. 23-S-27  UDC Section 21.4.12 Variances - (redlines)  UDC Section 21.9.7. Landscaping - (redlines)  UDC Section 21.9.9. Tree Preservation and Mitigation - (redlines)  City Council Presentation Slides  ORDINANCE NO. 23-S-27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO AMEND PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4 SUBSECTION 21.4.12 VARIANCES & ARTICLE 9 SUBSECTION 21.9.7 LANDSCAPING & SUBSECTION 21.9.9 TREE MITIGATION. WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz (the “City”) adopted and Amended and Restated Unified Development Code on April 13, 2010, as further amended (the “Current UDC”); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on September 13, 2023, the Planning and Zoning Commission conducted public hearings and, thereafter recommended approval; and WHEREAS, on October 10, 2023, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health, and welfare. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A and Exhibit B hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 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. PASSED ON FIRST READING, the ____ day of ________ 2023. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of ________, 2023. CITY OF SCHERTZ, TEXAS _____________________________ Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary (city seal) Exhibit “A” Unified Development Code (UDC) Amendments Article 4 Section 21.4.12 – Variances Created: 2022-09-12 11:25:10 [EST] (Supp. No. 6) Page 1 of 2 Sec. 21.4.12. Variances. A. Applicability. 1. The BOA shall have the ability to authorize, in specific cases, a variance from the zoning regulations of this UDC if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this UDC would result in unnecessary hardship, so that the spirit of this UDC is observed and substantial justice is done. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district. 2. Approval of a variance authorizes a property owner to submit subsequent development applications consistent with the approved variance. B. Application Requirements. Any request for a variance shall be accompanied by an application prepared in accordance with the Development Manual. C. Processing of Application and Decision. 1. Submittal. An application for a variance shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other appropriate City department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the BOA for consideration. 2. Notification requirements. An application for a variance requires the following notification in accordance with section 21.4.3: a. Written notice; and b. Published notice. 3. Decision by the BOA. a. The BOA shall receive the recommendation of the City Manager or his/her designee and shall hold a public hearing in accordance with section 21.4.4. The Board may vote to approve, approve with conditions, or deny the variance. b. The Board may, on its own motion or by request of the property owner, postpone consideration of the variance to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. c. The approval shall be effective for a period of 180 days after the date of such approval. If no application for building permit is submitted within that time, the variance shall become null and void. d. The disapproval of a variance shall require compliance by the applicant, if applicable, within fifteen (15) days after the date of disapproval and upon written notification by staff. D. Criteria for approval. In order to make a finding of hardship and grant a variance from the zoning regulations of this UDC, the Board must determine the following: 1. The requested variance does not violate the intent of this UDC or its amendments; Created: 2022-09-12 11:25:10 [EST] (Supp. No. 6) Page 2 of 2 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; 3. The hardship is in no way the result of the applicant's own actions; and 4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. 5. In considering a variance as applied to a structure, the Board may consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance: a. The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code; b. Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; c. Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement; d. Compliance would result in the unreasonable encroachment on an adjacent property or easement; or e. The municipality considers the structure to be a nonconforming structure. E. Appeals of BOA Decisions. Any person or persons aggrieved by any decision of the BOA, or any taxpayer or any officer, department, board of the City may appeal a decision of the BOA regarding any variance request in accordance with section 21.3.4 of this UDC. F. Finding of fact. The board shall complete a finding of fact for Variance or appeal to support its conclusion for each variance or appeal presented to it. (Ord. No. 18-S-04 , § 1(Exh. A), 1-23-2018) Exhibit “B” Unified Development Code (UDC) Amendments Article 9 Section 21.9.7. – Landscaping & Article 9 Section 21.9.9 –Tree Mitigation Created: 2023-07-18 12:49:30 [EST] (Supp. No. 7) Page 1 of 3 Sec. 21.9.7. Landscaping. A. Purpose. The purpose of this section is to establish landscaping requirements to enhance the community's ecological, environmental, and beautification efforts as well as its aesthetic qualities. It is the intent of this section to reduce the negative effects of glare, noise, erosion, and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment. It is the intent of this section to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification, oxygen, regeneration, groundwater recharge, noise abatement, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City. B. Enforcement. If at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in nonconformance with standards and criteria of this section, notice by the City may be issued to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have forty-five (45) days after the date of said notice to restore landscaping as required. The City may extend the time of compliance based on weather conditions. If the landscaping is not restored within the allotted time, such person shall be in violation of this UDC. C. Single Family and Duplex Residential Installation and Maintenance. 1. Prior to issuance of a Certificate of Occupancy sod shall be in place in full front and rear yards, except for landscape beds and gardens. On property containing a minimum of one-half (½) acre or greater, sod in front and rear yards shall be planted adjacent to the slab for a distance of fifty feet (50') and for a distance of twenty feet (20') in side yards. 2. All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. 3. Vegetation other than grasses or ground cover under six inches (6") in height is prohibited in any City right-of-way unless specifically authorized in writing by the City Manager or his/her designee. 4. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. 5. New landscaped areas shall be prepared so as to achieve a soil depth of at least two inches (2"). 6. Every single family residential lot shall provide a minimum of two (2) shade trees having a DBH (diameter at breast height) measured four and one half feet (4.5’) above existing ground level which are a minimum of two inches (2") caliper at the time of planting. D. Nonresidential and Multi-Family. The provisions of this section apply to new construction except public water and wastewater facilities for which only subsections 14 and 16 below apply. Existing developments where all structures are not being demolished, do not have to comply with all of these requirements. Rather they cannot decrease compliance with an individual requirement to the point that they no longer comply with that individual requirement. Installation and Maintenance. 1. Prior to issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan approved as part of the Site Plan. Created: 2023-07-18 12:49:30 [EST] (Supp. No. 7) Page 2 of 3 2. In any case in which a Certificate of Occupancy is sought at a season of the year in which the City determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a Temporary Certificate of Occupancy may be issued for up to four (4) months. 3. All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. 4. Vegetation other than approved grasses or ground cover under six inches (6") in height is prohibited in any City right-of-way unless specifically authorized in writing by the City Manager or his/her designee, after consultation with the Director of Public Works or his/her designee. 5. Trees planted having a DBH (diameter at breast height) measured four and one half feet (4.5’) above existing ground level shall be a minimum of two inches (2") caliper at the time of planting. All trees planted to meet the minimum landscaping, requirements of this section shall be planted so as to provide for no impervious material within the drip line of the tree. For the purposes of determining the drip line to meet the requirements of this section, the drip line radius shall be measured as being ten (10) times the caliper of the tree. For example, a two inch (2") tree will have a twenty inch (20") radius or forty inch (40") diameter. Tree wells or tree grates may be utilized to meet the requirements of this section. The City may, at its option, require certification by a registered arborist that adequate space has been provided for pervious cover beneath the drip line of a tree. 6. New landscaped areas shall be prepared so as to achieve a soil depth of at least two inches (2"). 7. The use of architectural planters in nonresidential districts may be permitted in fulfillment of landscape requirements subject to approval of the Planning and Zoning Commission at the time of Site Plan approval. 8. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. 9. A minimum twenty foot (20') wide landscape buffer shall be provided adjacent to any public right-of- way. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20') of street frontage except for public schools. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. The requirements of this section are not applicable to properties zoned Main Street Mixed-Use - New Development (MSMU-ND). 10. A minimum of twenty percent (20%) of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum twenty percent (20%) requirement shall apply to each phase as it is developed. 11. All commercial and multi-family properties shall provide shade trees at a ratio of nine (9) trees per acre. Industrial property shall provide shade trees at a ratio of six (6) trees per acre. Public schools shall provide shade trees at a ratio of at least four (4) trees per acre. Existing trees may be counted toward meeting the requirements of this section. 12. Interior Landscaping. A minimum of ten percent (10%) of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway and sidewalks. Interior landscaping requirements do not apply to public water and wastewater facilities if an eight feet (8') masonry fence is provide[d] at or near the property boundary. Created: 2023-07-18 12:49:30 [EST] (Supp. No. 7) Page 3 of 3 13. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twenty (20) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 162 square feet or nine feet by eighteen feet (9' x 18') in size. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. This subsection does not apply to public schools. 14. Perimeter Landscape Area - Where a nonresidential or multifamily use adjacent to a nonresidential or multifamily use that is zoned for nonresidential or multifamily uses shall provide a minimum five-foot (5') landscape buffer adjacent to those uses except where the building extends into that five foot (5') landscape buffer. A minimum of one (1) shade tree shall be planted for each one-hundred linear feet (100') of landscape buffer except where the entire five-foot (5') wide landscape buffer is encumbered by an easement that does not allow the planting of trees. A nonresidential or multifamily use adjacent to a single family or duplex residential use or single family or duplex residentially zoned property shall provide a minimum twenty-foot (20') landscape buffer adjacent to the proper line of the residential use or residentially zoned property. A minimum of one (1) shade tree [s]hall be planted for each thirty (30) linear feet of landscape buffer. The landscape buffer shall be covered with grass or another solid vegetative cover. The landscape buffer shall include a masonry wall which shall be eight feet (8') in height. The requirement of this subsection doe[s] not apply to public water and wastewater facilities if an eight foot (8') masonry wall is provided at or near the property boundary. F. Landscape Plan Required. A landscape plan shall be submitted to the City for approval. The landscape plan may be submitted as a part of the Site Plan. The landscape plan shall contain the following information: 1. location of all existing trees with indication as to those to be preserved; 2. location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscaping features; 3. species of all plant material to be used; 4. size of all plant material to be used; 5. spacing of plant material where appropriate; 6. type of watering system and location of watering source, irrigation, sprinkler, or water system, including placement of water sources; 7. description of maintenance provisions of the landscaping plan; and 8. persons responsible for the preparation of the landscape plan. (Ord. No. 16-S-27 , §§ 3, 4, 8-30-2016; Ord. No. 18-S-04 , § 1(Exh. A), 1-23-2018; Ord. No. 18-S-24 , § 1(Exh. A), 8-7- 2018; Ord. No. 21-S-26 , § 1(Exh. A), 7-6-2021; Ord. No. 23-S-07 , § 1(Exh. A), 3-14-2023) Created: 2023-07-18 12:49:31 [EST] (Supp. No. 7) Page 1 of 5 Sec. 21.9.9. Tree Preservation and Mitigation. A. Purpose and Intent. 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage Class trees possible. B. Applicability and Exemptions. 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; c. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits. 2. The following definitions shall be applicable to the provisions of this section: a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half feet above existing ground level) between eight inches (8") and less than twenty-four inches (24") are designated as "Protected Class Trees". b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty-four inches (24") are designated as "Heritage Class Trees". c. Damage. Damage shall be considered any injury to a tree including, but not limited to: i. uprooting; ii. severance of the root system or main trunk; iii. storage of topsoil, construction materials, debris or chemicals within the drip line area; iv. compaction of soil within the drip line area; v. a substantial change in the natural grade above a root system or within the drip line area; vi. pruning or removal of more than twenty-five percent (25%) of the living tissue; or vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area. 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: Created: 2023-07-18 12:49:31 [EST] (Supp. No. 7) Page 2 of 5 a. Protected Class Trees located within the area of a proposed on-site sewage facility (OSSF) (A waiver to mitigation for Heritage Class trees may be requested) ; b. Protected Class and Heritage Class Trees located within a right-of-way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; c. Protected Class Trees located within any utility easement, Heritage Class Trees located within any utility easement are exempt from preservation requirements only (A waiver to mitigation for Heritage Class trees may be requested); d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other natural causes; e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section; and f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.7F. (A waiver to mitigation for Heritage Class trees may be requested) g. Protected Class and Heritage Class trees located on property that has an existing one family or two-family dwelling that is occupied. h. Protected Class and Heritage Class trees of the following exempted tree species: Table 21.9.9 Exempted Trees Common Name Scientific Name Hackberry Celtis occidentalis Eastern Red Cedar Juniperus virginiana Common Ashe Juniper Juniperis ashei Chinaberry Melia azedarach Mesquite Prosopis spp. Ligustrum Ligustrum spp. C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches. 1. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. 2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section. 3. Minimum Preservation. In the development of any site, at least twenty-five percent (25%) of all mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25% preservation requirement may be requested) Created: 2023-07-18 12:49:31 [EST] (Supp. No. 7) Page 3 of 5 D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in subsection 21.9.9.B.3. above nor any of the undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of shade tree identified in table 21.9.7.A. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee-in-lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class trees and to purchase equipment for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Class Trees. Protected trees shall be mitigated at a one-to-one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two inches (2"). 2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three-to-one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two inches (2"). 3. Damaged Trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above. 4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one-to-one (1:1) DBH inch ratio for every tree damaged or that dies. 5. The amount of tree mitigation per acre is capped at 100 inches per acre. For properties where the trees are generally clustered, staff has the discretion to define the acreage of the property as an area extending 20' beyond the tree canopy of the cluster in determining the acreage. E. Tree Protection Standards. 1. All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3") of mulch or compost shall be spread beneath the drip line of the preserved tree. c. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class or Heritage Class Tree without prior written approval of the City Manager or his/her designee at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class or Heritage Class Tree. 2. It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. Created: 2023-07-18 12:49:31 [EST] (Supp. No. 7) Page 4 of 5 F. Tree Preservation Credits—Nonresidential and Multifamily Developments. To encourage the preservation of existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation credits may be requested to reduce the amount of new trees required on nonresidential and multifamily sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre requirements of UDC Sec.21.9.7.E.2. The following minimum tree preservation credits may be requested: 1. Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one-to-one (1:1) caliper inch ratio; 2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three-to-one (3:1) caliper inch ratio; G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1. total number of DBH caliper inches of Protected Class and Heritage Class on the site; 2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and 3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved. H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage Class trees not exempt in section 21.9.9.B.2. above. The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1. existing/proposed topography; 2. location of property lines, easement, rights-of-ways, setbacks, parking areas and sidewalks; 3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees exempted by section 21.9.9.B.2.f. above; 4. a tree inventory that summarizes the following: a. total number of DBH caliper inches on the site; b. total number of DBH caliper inches to be removed; c. total number of DBH caliper inches to be preserved; d. location of any proposed tree mitigation; e. any proposed tree preservation credits; and 5. a summary of the tree protection methods to be utilized. I. Waiver. 1. General. The City Manager or his/her designee may authorize waivers from the provisions of this Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may be granted only to items specifically stated in this section. Waivers must meet one of the following eligibility requirements: a. The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design or storm water management); or b. The tree is proposed for removal because it is within a future public utility location. 2. Criteria for approval. Waivers shall be evaluated using the following criteria: Created: 2023-07-18 12:49:31 [EST] (Supp. No. 7) Page 5 of 5 a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks; b. The requested waiver does not violate the intent of this section or the UDC; c. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions; d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible. 3. Any decision of the City Manager or his/her designee regarding waivers to the provisions of this section may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning and Zoning Commission shall consider the same standards as the City Manager or his/her designee as outlined above. (Ord. No. 16-S-27 , § 6, 8-30-2016; Ord. No. 17-S-40 , § 1(Exh. A), 10-24-2017; Ord. No. 18-S-08 , § 1(Exh. A), 2-27- 2018; Ord. No. 18-S-24 , § 1(Exh. A), 8-7-2018; Ord. No. 22-S-18 , § 1(Exh. A), 4-26-2022) Created: 2022-09-12 11:25:10 [EST] (Supp. No. 6) Page 1 of 2 Sec. 21.4.12. Variances. A. Applicability. 1. The BOA shall have the ability to authorize, in specific cases, a variance from the zoning regulations of this UDC if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this UDC would result in unnecessary hardship, so that the spirit of this UDC is observed and substantial justice is done. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district. 2. Approval of a variance authorizes a property owner to submit subsequent development applications consistent with the approved variance. B. Application Requirements. Any request for a variance shall be accompanied by an application prepared in accordance with the Development Manual. C. Processing of Application and Decision. 1. Submittal. An application for a variance shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other appropriate City department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the BOA for consideration. 2. Notification requirements. An application for a variance requires the following notification in accordance with section 21.4.3: a. Written notice; and b. Published notice. 3. Decision by the BOA. a. The BOA shall receive the recommendation of the City Manager or his/her designee and shall hold a public hearing in accordance with section 21.4.4. The Board may vote to approve, approve with conditions, or deny the variance. b. The Board may, on its own motion or by request of the property owner, postpone consideration of the variance to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. c. The approval shall be effective for a period of 180 days after the date of such approval. If no application for building permit is submitted within that time, the variance shall become null and void. d. The disapproval of a variance shall require compliance by the applicant, if applicable, within fifteen (15) days after the date of disapproval and upon written notification by staff. D. Criteria for approval. In order to make a finding of hardship and grant a variance from the zoning regulations of this UDC, the Board must determine the following: 1. The requested variance does not violate the intent of this UDC or its amendments; PROPSED REDLINES Created: 2022-09-12 11:25:10 [EST] (Supp. No. 6) Page 2 of 2 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; 3. The hardship is in no way the result of the applicant's own actions; and 4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. 5. In considering a variance as applied to a structure, the Board may consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance: a. The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code; b. Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; c. Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement; d. Compliance would result in the unreasonable encroachment on an adjacent property or easement; or e. The municipality considers the structure to be a nonconforming structure. E. Appeals of BOA Decisions. Any person or persons aggrieved by any decision of the BOA, or any taxpayer or any officer, department, board of the City may appeal a decision of the BOA regarding any variance request in accordance with section 21.3.4 of this UDC. F. Finding of fact. The board shall complete a finding of fact for Variance or appeal to support its conclusion for each variance or appeal presented to it. (Ord. No. 18-S-04 , § 1(Exh. A), 1-23-2018) Created: 2023-07-18 12:49:30 [EST] (Supp. No. 7) Page 1 of 3 Sec. 21.9.7. Landscaping. A. Purpose. The purpose of this section is to establish landscaping requirements to enhance the community's ecological, environmental, and beautification efforts as well as its aesthetic qualities. It is the intent of this section to reduce the negative effects of glare, noise, erosion, and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment. It is the intent of this section to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification, oxygen, regeneration, groundwater recharge, noise abatement, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City. B. Enforcement. If at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in nonconformance with standards and criteria of this section, notice by the City may be issued to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have forty-five (45) days after the date of said notice to restore landscaping as required. The City may extend the time of compliance based on weather conditions. If the landscaping is not restored within the allotted time, such person shall be in violation of this UDC. C. Single Family and Duplex Residential Installation and Maintenance. 1. Prior to issuance of a Certificate of Occupancy sod shall be in place in full front and rear yards, except for landscape beds and gardens. On property containing a minimum of one-half (½) acre or greater, sod in front and rear yards shall be planted adjacent to the slab for a distance of fifty feet (50') and for a distance of twenty feet (20') in side yards. 2. All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. 3. Vegetation other than grasses or ground cover under six inches (6") in height is prohibited in any City right-of-way unless specifically authorized in writing by the City Manager or his/her designee. 4. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. 5. New landscaped areas shall be prepared so as to achieve a soil depth of at least two inches (2"). 6. Every single family residential lot shall provide a minimum of two (2) shade trees having a DBH (diameter at breast height) measured four and one half feet (4.5’) above existing ground level which are a minimum of two and one-half inches (2.5") caliper measured at four feet (4') above ground level at the time of planting. D. Nonresidential and Multi-Family. The provisions of this section apply to new construction except public water and wastewater facilities for which only subsections 14 and 16 below apply. Existing developments where all structures are not being demolished, do not have to comply with all of these requirements. Rather they cannot decrease compliance with an individual requirement to the point that they no longer comply with that individual requirement. Installation and Maintenance. PROPOSED REDLINES Created: 2023-07-18 12:49:30 [EST] (Supp. No. 7) Page 2 of 3 1. Prior to issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan approved as part of the Site Plan. 2. In any case in which a Certificate of Occupancy is sought at a season of the year in which the City determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a Temporary Certificate of Occupancy may be issued for up to four (4) months. 3. All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. 4. Vegetation other than approved grasses or ground cover under six inches (6") in height is prohibited in any City right-of-way unless specifically authorized in writing by the City Manager or his/her designee, after consultation with the Director of Public Works or his/her designee. 5. Trees planted having a DBH (diameter at breast height) measured four and one half feet (4.5’) above existing ground level shall be a minimum of two and one-half inches (2.5") caliper measured at four feet (4') above ground level at the time of planting. All trees planted to meet the minimum landscaping, requirements of this section shall be planted so as to provide for no impervious material within the drip line of the tree. For the purposes of determining the drip line to meet the requirements of this section, the drip line radius shall be measured as being ten (10) times the caliper of the tree. For example, a two and one-half inch (2.5") tree will have a twenty-five inch (205") radius or fiftyforty inch (540") diameter. Tree wells or tree grates may be utilized to meet the requirements of this section. The City may, at its option, require certification by a registered arborist that adequate space has been provided for pervious cover beneath the drip line of a tree. 6. New landscaped areas shall be prepared so as to achieve a soil depth of at least two inches (2"). 7. The use of architectural planters in nonresidential districts may be permitted in fulfillment of landscape requirements subject to approval of the Planning and Zoning Commission at the time of Site Plan approval. 8. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. 9. A minimum twenty foot (20') wide landscape buffer shall be provided adjacent to any public right-of- way. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20') of street frontage except for public schools. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. The requirements of this section are not applicable to properties zoned Main Street Mixed-Use - New Development (MSMU-ND). 10. A minimum of twenty percent (20%) of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum twenty percent (20%) requirement shall apply to each phase as it is developed. 11. All commercial and multi-family properties shall provide shade trees at a ratio of nine (9) trees per acre. Industrial property shall provide shade trees at a ratio of six (6) trees per acre. Public schools shall provide shade trees at a ratio of at least four (4) trees per acre. Existing trees may be counted toward meeting the requirements of this section. 12. Interior Landscaping. A minimum of ten percent (10%) of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway and sidewalks. Interior landscaping Created: 2023-07-18 12:49:30 [EST] (Supp. No. 7) Page 3 of 3 requirements do not apply to public water and wastewater facilities if an eight feet (8') masonry fence is provide[d] at or near the property boundary. 13. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twenty (20) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 162 square feet or nine feet by eighteen feet (9' x 18') in size. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. This subsection does not apply to public schools. 14. Perimeter Landscape Area - Where a nonresidential or multifamily use adjacent to a nonresidential or multifamily use that is zoned for nonresidential or multifamily uses shall provide a minimum five-foot (5') landscape buffer adjacent to those uses except where the building extends into that five foot (5') landscape buffer. A minimum of one (1) shade tree shall be planted for each one-hundred linear feet (100') of landscape buffer except where the entire five-foot (5') wide landscape buffer is encumbered by an easement that does not allow the planting of trees. A nonresidential or multifamily use adjacent to a single family or duplex residential use or single family or duplex residentially zoned property shall provide a minimum twenty-foot (20') landscape buffer adjacent to the proper line of the residential use or residentially zoned property. A minimum of one (1) shade tree [s]hall be planted for each thirty (30) linear feet of landscape buffer. The landscape buffer shall be covered with grass or another solid vegetative cover. The landscape buffer shall include a masonry wall which shall be eight feet (8') in height. The requirement of this subsection doe[s] not apply to public water and wastewater facilities if an eight foot (8') masonry wall is provided at or near the property boundary. F. Landscape Plan Required. A landscape plan shall be submitted to the City for approval. The landscape plan may be submitted as a part of the Site Plan. The landscape plan shall contain the following information: 1. location of all existing trees with indication as to those to be preserved; 2. location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscaping features; 3. species of all plant material to be used; 4. size of all plant material to be used; 5. spacing of plant material where appropriate; 6. type of watering system and location of watering source, irrigation, sprinkler, or water system, including placement of water sources; 7. description of maintenance provisions of the landscaping plan; and 8. persons responsible for the preparation of the landscape plan. (Ord. No. 16-S-27 , §§ 3, 4, 8-30-2016; Ord. No. 18-S-04 , § 1(Exh. A), 1-23-2018; Ord. No. 18-S-24 , § 1(Exh. A), 8-7- 2018; Ord. No. 21-S-26 , § 1(Exh. A), 7-6-2021; Ord. No. 23-S-07 , § 1(Exh. A), 3-14-2023) Created: 2023-07-18 12:49:31 [EST] (Supp. No. 7) Page 1 of 5 Sec. 21.9.9. Tree Preservation and Mitigation. A. Purpose and Intent. 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage Class trees possible. B. Applicability and Exemptions. 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; c. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits. 2. The following definitions shall be applicable to the provisions of this section: a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half feet above existing ground level) between eight inches (8") and less than twenty-four inches (24") are designated as "Protected Class Trees". b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty-four inches (24") are designated as "Heritage Class Trees". c. Damage. Damage shall be considered any injury to a tree including, but not limited to: i. uprooting; ii. severance of the root system or main trunk; iii. storage of topsoil, construction materials, debris or chemicals within the drip line area; iv. compaction of soil within the drip line area; v. a substantial change in the natural grade above a root system or within the drip line area; vi. pruning or removal of more than twenty-five percent (25%) of the living tissue; or vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area. 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: PROPOSED REDLINES Created: 2023-07-18 12:49:31 [EST] (Supp. No. 7) Page 2 of 5 a. Protected Class Trees located within the area of a proposed on-site sewage facility (OSSF) (A waiver to mitigation for Heritage Class trees may be requested) ; b. Protected Class and Heritage Class Trees located within a right-of-way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; c. Protected Class Trees located within any utility easement, Heritage Class Trees located within any utility easement are exempt from preservation requirements only (A waiver to mitigation for Heritage Class trees may be requested); d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other natural causes; e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section; and f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.7F. (A waiver to mitigation for Heritage Class trees may be requested) g. Protected Class and Heritage Class trees located on property that has an existing one family or two-family dwelling that is occupied. h. Protected Class and Heritage Class trees of the following exempted tree species: Table 21.9.9 Exempted Trees Common Name Scientific Name Hackberry Celtis occidentalis Eastern Red Cedar Juniperus virginiana Common Ashe Juniper Juniperis ashei Chinaberry Melia azedarach Mesquite Prosopis spp. Ligustrum Ligustrum spp. C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches. 1. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. 2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section. 3. Minimum Preservation. In the development of any site, at least twenty-five percent (25%) of all mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25% preservation requirement may be requested) Created: 2023-07-18 12:49:31 [EST] (Supp. No. 7) Page 3 of 5 D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in subsection 21.9.9.B.3. above nor any of the undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of shade tree identified in table 21.9.7.A. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee-in-lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class trees and to purchase equipment for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Class Trees. Protected trees shall be mitigated at a one-to-one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5"). 2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three-to-one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5"). 3. Damaged Trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above. 4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one-to-one (1:1) DBH inch ratio for every tree damaged or that dies. 5. The amount of tree mitigation per acre is capped at 100 inches per acre. For properties where the trees are generally clustered, staff has the discretion to define the acreage of the property as an area extending 20' beyond the tree canopy of the cluster in determining the acreage. E. Tree Protection Standards. 1. All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3") of mulch or compost shall be spread beneath the drip line of the preserved tree. c. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class or Heritage Class Tree without prior written approval of the City Manager or his/her designee at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class or Heritage Class Tree. 2. It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. Created: 2023-07-18 12:49:31 [EST] (Supp. No. 7) Page 4 of 5 F. Tree Preservation Credits—Nonresidential and Multifamily Developments. To encourage the preservation of existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation credits may be requested to reduce the amount of new trees required on nonresidential and multifamily sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre requirements of UDC Sec.21.9.7.E.2. The following minimum tree preservation credits may be requested: 1. Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one-to-one (1:1) caliper inch ratio; 2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three-to-one (3:1) caliper inch ratio; G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1. total number of DBH caliper inches of Protected Class and Heritage Class on the site; 2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and 3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved. H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage Class trees not exempt in section 21.9.9.B.2. above. The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1. existing/proposed topography; 2. location of property lines, easement, rights-of-ways, setbacks, parking areas and sidewalks; 3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees exempted by section 21.9.9.B.2.f. above; 4. a tree inventory that summarizes the following: a. total number of DBH caliper inches on the site; b. total number of DBH caliper inches to be removed; c. total number of DBH caliper inches to be preserved; d. location of any proposed tree mitigation; e. any proposed tree preservation credits; and 5. a summary of the tree protection methods to be utilized. I. Waiver. 1. General. The City Manager or his/her designee may authorize waivers from the provisions of this Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may be granted only to items specifically stated in this section. Waivers must meet one of the following eligibility requirements: a. The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design or storm water management); or b. The tree is proposed for removal because it is within a future public utility location. 2. Criteria for approval. Waivers shall be evaluated using the following criteria: Created: 2023-07-18 12:49:31 [EST] (Supp. No. 7) Page 5 of 5 a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks; b. The requested waiver does not violate the intent of this section or the UDC; c. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions; d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible. 3. Any decision of the City Manager or his/her designee regarding waivers to the provisions of this section may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning and Zoning Commission shall consider the same standards as the City Manager or his/her designee as outlined above. (Ord. No. 16-S-27 , § 6, 8-30-2016; Ord. No. 17-S-40 , § 1(Exh. A), 10-24-2017; Ord. No. 18-S-08 , § 1(Exh. A), 2-27- 2018; Ord. No. 18-S-24 , § 1(Exh. A), 8-7-2018; Ord. No. 22-S-18 , § 1(Exh. A), 4-26-2022) Ord. 23-S-27 UDC Amendments to Article 4 – Variances & Article 9 – Landscaping and Tree Mitigation Samuel Haas| SENIOR PLANNER Article 4 – Variances Proposed Amendments UDC Section 21.4.12.A.: "A variance shall not be granted to relieve a self -created or personal hardship, nor shall it be based solely on economic gain or loss , nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district." Article 4 – Variances Proposed Amendments Local Government Code 211.009(b -1): In considering a variance as applied to a structure, the board may consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance: a)The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code; b)Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; c)Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement; d)Compliance would result in the unreasonable encroachment on an adjacent property or easement; or e)The municipality considers the structure to be a nonconforming structure Article 4 – Variances Proposed Amendments UDC Section 21.4.12.D. Criteria for approval: Article 9 – Min. Tree Caliper Proposed Amendments In the Local Government Code Section 212.905, the State has a minimum tree planting requirement of 2" inches. All trees planted above this requirement are eligible for mitigation credits. Tree Mitigation - UDC Section 21.9.9.D: 1.Protected Class Trees. Protected trees shall be mitigated at a one -to-one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5"). 2.Heritage Class Trees. Heritage Class trees shall be mitigated at a three -to-one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5"). Article 9 – Min. Tree Caliper Proposed Amendments Residential Landscaping - UDC Section 21.9.7.C.6: Every single family residential lot shall provide a minimum of two (2) shade trees which are a minimum of two and one -half inches (2.5") caliper measured at four feet (4') above ground level at the time of planting. Nonresidential Landscaping - UDC Section 21.9.7.D.5: Trees planted shall be a minimum of two and one -half inches (2.5") caliper measured at four feet (4') above ground level at the time of planting..... Article 9 – Min. Tree Caliper Proposed Amendments Staff is proposing to lower all minimum Tree Caliper Requirements to 2" in conformance with LGC requirements and to make the UDC more consistent and easier to apply. Additionally, trees are measured by Diameter at Breast Height (DBH) which is an industry standard of 4.5 feet above the ground. Staff is also proposing to amend the UDC to include this. Ord. 23 -S -27 Proposed Amendments Article 4 – Variances •Adding LGC language to 21.4.12.D: Criteria for approval Article 9 – Tree Min. Caliper •21.9.9 - Tree Mitigation •Min. replacement tree caliper size •21.9.7 - Landscaping •Min. tree planting size (Res. & Non -res.) •Changing height of measurement from 4 feet to 4.5 feet •Industry standard practice Staff Recommendation •The amendments would help the UDC align more closely with the LGC. Would also provide added clarity for applicants and staff •The Planning & Zoning Commission recommended approval with a 7 -0 vote at the September 13 th, 2023, meeting. •Therefore, staff recommends approval of the amendments to the Unified Development Code (UDC) as proposed and discussed. COMMENTS & QUESTIONS Agenda No. 9.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Planning & Community Development Subject: Ordinance 23-S-26 – Conduct a public hearing and consider a request to rezone approximately 21 acres of land from General Business District (GB) and Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4), generally located approximately 3,000 feet east of the intersection of IH 35 access road and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers: 68315, 68316, 68296, 68295, 68294. First Reading (B. James, L. Wood, E. Delgado) BACKGROUND The applicant was initially proposing to rezone approximately twenty-one (21) acres from General Business District (GB) and Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4) in order to develop a multi-family development with a maximum density of twenty-four (24) units per acre.  Twenty-One (21) public hearing notices were mailed to the surrounding property owners on August 30, 2023. A public hearing notice was published in the "San Antonio Express" on September 20, 2023. At the time of this report, September 29, 2023, staff has received seven (7) responses opposed (one of the owner responses represents two property IDs), ten (10) response in favor, and zero (0) response neutral for the requested rezoning. On Friday, October 6 the applicant formally notified staff that they were formally withdrawing a portion of the property from the rezoning request to remove the long narrow strip of property to IH-35. They intend to use this access the larger rectangular shaped property where they would like to develop multi-family. Since this narrow stop would only be used for access and no actual units or items required per the site design standards - parking, required landscaping, etc. it does not have to be rezoned. The acreage of the property they are now requesting to be rezoned is approximately 18.9 acres. By formally altering their rezoning request, the area being considered by Council has been reduced and the area for which written opposition is considered has also been altered. Staff did not alter the caption to avoid confusion based on the notice that was published. If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d). At the time of this staff report October 6, 2023, at 12:00pm) the total percentage of the protested parcel acreage is 31.11%, therefore, the 3/4 vote has been triggered for the October 10, 2023, City Council.  GOAL The proposed zoning is for approximately 18.9 acres from Single-Family Residential / Agricultural The proposed zoning is for approximately 18.9 acres from Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4).  COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth.  SUMMARY OF RECOMMENDED ACTION Section 21.5.4 Zoning Change/Zoning Map Amendment D Criteria For Approval lists 8 criteria to be considered in considering a recommendation for a zoning change. While the concepts are covered in the discussion in the staff reports, staff thought it might be helpful to articulate each and provide a concise response on each. 1.       Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; The description of Single Family Residential in the Comprehensive plan indicates that "the Single Family Residential use may include a mix of residential uses" not a mix of single family residential uses. As such some multi-family is consistent with this language. Further the Comprehensive Plan has a goal to "Achieve an efficient, diverse and balanced pattern of land uses within the City and the ETJ." and objective of providing "an appropriate mix of different land use types in suitable locations, densities and patterns consistent with the goals and objectives established in the Plan" which this would do. Finally, the plan states that "Housing should be developed to meet all needs of the community in terms of affordability, availability, adequacy and accessibility. Commercial Retail and Office" Multifamily housing helps to meet this need, especially in light of the rapidly increased cost of housing that has been discussed over the past few years.  2.       Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; As part of promoting health, safety and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. Given the existing M-1 zoning adjacent to the subject property, multi-family provides a better transition than single family detached lots. 3.       Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; The site development standards in the UDC for multi-family development and the use of multifamily are appropriate and in fact seem to be the best in light of the significant variation in terms of zoning and land uses - single family residential, commercial and industrial. 4.       Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; As the Comprehensive Plan notes, as development matures in rural areas, higher densities should be considered, Given the location of the subject property and the proximity of development, the city's various plans and infrastructure projects assume higher intensity development in this area, rather than rural, this includes a planned thoroughfare running through the northern portion of the property and one to the east, approximately 350' away and the water storage tank less than 150' away. Given the population changes in SCUCISD this change does not conflict with the school district's plans including the 10 year campus forecasting. 5.       Whether there have been environmental and/or economical changes which warrant the requested change; As has been a topic of discussion over the last few years, the significant rise in housing prices supports looking to increase the supply of multi-family housing. As has been mentioned in the past at P&Z the new median home value in SCUCISD has risen to over $430,000 from $210,650 in the pats 10 years.  6.       Whether there is an error in the original zoning of the property for which a change is requested; There is not an error, but the R-A zoning is generally more common in the areas designated in the FLUP as Estate Neighborhood and Agricultural Conservation. The plan seems to anticipate these requests for greater density as areas continue to develop. 7.       Whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and, This does not impact consideration by P&Z or the first reading from Council.  8.       Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. Much of the opposition heard at P&Z was similar to every case where there is proposed multi-family zoning. A lot of this has to do with current levels of infrastructure versus planned or proposed infrastructure. The reduced subject property is currently zoned Single Family Residential / Agricultural (RA). In the vicinity of the subject property there are properties zoned General Business (GB), Manufacturing Light (M-1), Planned Development District (PDD) and Single Family Residential / Agricultural (R-A). The proposed Apartment / Multi-Family Residential (R-4) zoning district is consistent with the General Business zoned properties, and PDD zoned properties designated for Multi-Family Development within the area. Additionally, the subject parcel is immediately adjacent to a 101-acre tract of land that is zoned Manufacturing Light (M-1). The proposed R-4 zoning district would act as a buffer between Commercial and Industrial properties and the residential. The existing zoning Single-Family Residential (R-A) per UDC Article 5 Section 21.5.5 is intended to provide for areas in which agricultural land may be held in such use for as long as is practical and reasonable. Residences in this District are intended to be on a minimum lot size of 21,780 square feet (one-half acre). This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. Specifically, the UDC states “.. In such use for as long as is practical and reasonable.” The subject property is located 1,580 feet from IH 35, 600 feet to the north is property zoned for General Business, 340 feet to the east is property zoned General Business, immediately adjacent to property zoned Manufacturing Light, and 700 feet to the west is property zoned PDD that will be developed as Multi-Family. The existing Single Family Residential / Agricultural (R-A) zoning is not consistent with the land uses in the vicinity and the zoning designations.  The 2002 Comprehensive Land Plan identified the subject property as Commercial Campus and Industry, Technology and R and D. The subject property was not modified with the 2013 Sector Plan. In 2017, Ordinance 17-S-20 amended the portion of property identified as Industry, Technology, and R and D to the current designation of Single Family Residential. The modified subject property is identified as “Single Family Residential” on the Comprehensive Land Use Map. The Single-Family Residential use may include a mix of residential uses as well as limited commercial development. The City of Schertz has historically interpreted this to include multi-family / apartment. The Comprehensive Land Use Plan supports the proposed zone change to Apartment / Multi-Family (R-4). The Planning Division has recommended approval on several Multi-Family projects / zone changes that the Comprehensive Land Use Plan designated the property as “Single Family Residential”. Such as Schertz Station, located approximately 700 feet west of the subject property has approximately 29.09 acres that is designated as “Single Family Residential” on the Comprehensive Land Use Plan. This property was approved to be zoned Planned Development District (PDD) with a base zoning of Apartment / Multi-Family (R-4). Specifically, the 29.09 acres will be developed as 318 Multi-Family units. In the vicinity of the subject property there are several properties that have the “Single Family Residential” Comprehensive Land Use Plan Designation and are zoned for Commercial, Industrial, or Multi-Family.  In evaluating the requested zone change, staff evaluated the subject property and surrounding properties as well based on the comprehensive land use plan and the current uses on the properties in the area. If other properties in the vicinity currently zoned Single-Family Residential / Agricultural (R-A) requested a zone change to Apartment / Multi-Family (R-4), the Planning Division would recommend approval based on the surrounding land uses and zoning districts along with the Comprehensive Land Use Plan supporting a mix of residential uses. Additionally, if properties in the vicinity zoned R-A requested a commercial designation such as General Business, staff would support this zone change request as well based on the Comprehensive Land Use Plan- Single Family Residential designation supporting limited commercial development.   RECOMMENDATION Based on the surrounding land uses and zoning designations, along with the Comprehensive Land Use Plan designation being intended for a mix of residential uses, staff recommends approval of the proposed zone change (Ord. 23-S-26) from General Business District (GB) and Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4). The proposed zoning is consistent with the comprehensive plan, that allows for a variety of residential type uses. The proposed zoning is not anticipated to have an adverse impact on adjacent properties. To the north is single family homes on relatively large lots. With the city's development regulations, any structure would be at least 125' from the existing homes to the north, and be separated by Den Ott Hill. Unlike the subject property, those properties are not located next to industrial zoned property (M-1) which is not compatible with single family detached homes. Finally, the City has a substantial interest in protecting public health, safety and welfare of having an appropriate transition of uses and multifamily is commonly used to buffer between single family uses and non residential uses.    The Planning and Zoning Commission conducted a public hearing on September 13, 2023 and made a recommendation of approval with a 7-0 vote of the intitial 21 acre rezoning request.  Due to the late change in the property requested to be rezoned, staff will add the correct exhibits to the draft ordinance prior to council. Attachments Changed Rezoning Request  written protest map  Ordinance missing attachments  aerial exhibit  Public Hearing Notice Map  Public Hearing Responses as of 09.29.2023  CC presentation  H O P E L N P E C A N S T B I R C H S T T U LI P S T D E N - O T T H IL L Pr oject Are a 0 200 400 600 800100Feet ² 06 Oct 2023 @ 2:25 pm Protested Parcel Acerage (%) Opposed Not Opposed In Favor (68.89%) (31.11%) ORDINANCE NO. 23-S-26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 19.9 ACRES OF LAND FROM SINGLE-FAMILY RESIDENTIAL / AGRICULTURAL DISTRICT (R-A) TO APARTMENT / MULTI-FAMILY RESIDENTIAL DISTRICT (R-4), LOCATED APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION OF IH 35 ACCESS ROAD AND CIBOLO VALLEY DRIVE, ALSO KNOWN AS GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBERS 68316, 68296, 68295, 68294, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS WHEREAS, an application to rezone approximately 21 acres of land from General Business District (GB) and Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4), generally located approximately 3,000 feet east of the intersection of IH 35 access road and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers: 68316, 68296, 68295, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the “Property”) has been filed with the City; and WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain criteria 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 zone change (the “Criteria”); and WHEREAS, Staff recommended approval of the proposed zoning change after considering the criteria in the Unified Development Code and finding they supported the proposed request; and WHEREAS, the City of Schertz’ adopted Comprehensive Plan and Future Land Use Plan support the proposed zoning change as the request is consistent with the designation on the Future Land Use Plan for providing a mix of residential uses and as a response to rapidly increasing housing prices; and WHEREAS, there is a significant variation in the zoning in the area, lot size mix, deed restrictions impacting land uses and a recently approved request to rezone for multi -family in the vicinity; and WHEREAS, noted in the Comprehensive Plan, and is being seen in this area as development continues and matures, higher densities may be appropriate; and WHEREAS, in light of rising housing prices have created a significant demand for more affordable housing which is often achieved through greater density; and WHEREAS, on September 13, 2023, the Planning and Zoning Commission conducted a public hearing and, after considering the presentations and comments as well as the discussion in the staff report, and considered the criteria for approval made a recommendation to City Council to approve to the request rezoning to Apartment / Multi-Family Residential (R-4); and WHEREAS, on October 10, 2023, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Apartment / Multi-Family Residential (R-4). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the mat ters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the Cit y 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. PASSED ON FIRST READING, the ____ day of ___________ 2023. PASSED, APPROVED and ADOPTED ON SECOND READING, the ___ day of __________, 2023. CITY OF SCHERTZ, TEXAS _____________________________ Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary (city seal) Exhibit “A” Property Description- Metes and Bounds Exhibit “B” Zone Change Exhibit !P !P !P !P !P !P U U U 68324CITYOF SCHERTZ 68332FICUSPROPERTIES LLC 68316DENSBERGERHAROLD J 68296DENSBERGERHAROLD J 68294DENSBERGERHAROLD J 68319DENSBERGERDIANA OTT ETAL 122093SHARP NICOLEMARIE 122576OTT DIANA 68295DENSBERGERHAROLD J 68330TUDYKJOSEPH B JR 68320OTT JAMES &BRENDA 68326DENSBERGERHAROLDJ & GLORIA L 68302JASEK DOUGLASE & NOREEN ABAKER & JOHNH JASEK 68315DENSBERGERHAROLD J 175371OTT SANDRA 68170BUSSEY'SLTD 24 " WL 16" WL 12"WL 1 2 " W L 24"WL 1 6 " W L 2" WL 1 6 " W L H O L L Y L N SUMMI T D R TULIP S T H O P E L N P E C A N S T ELM ST OLD WI E D E R S T E I N R D BIRCH S T R IPPS-KREUSLER PINE ST D E N - O T T H IL L 4 " P V C S D R 2 6 8" PVC SDR 35 8" P V C SD R 3 5 10" PV C S D R 2 6 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 1 Inch = 150 Feet2204 Den-Ott Hill(PLZC20230051)0 100 200 300 40050Feet <all other values> Freeway Principal Arterial Planned Principal Arterial Secondary Arterial Planned Secondary Arterial Secondary Rural Arterial Planned Secondary Rural Arterial Residential Collector Planned Residential Collector Commercial Collector B Planned Commercial Collector B Commercial Collector A Planned Commercial Collector A <all other values> Highways Major Roads Minor Roads Other Cities 1" 2" 3" 4" 6" 8" 10" 12" 16" 18" 20" 24" 30" 36" Schertz Gravity Schertz Pressure Neighboring Gravity Private Pressure 200' Buffer Schertz Municipal Boundary County Boundaries U Hydrant !P Manholes4 Ord. 23-S-26 Emily Delgado|PLANNING MANAGER 19.9 acre zone change request from General Business District (GB) and Single- Family Residential / Agricultural District (R- A) to Apartment / Multi-Family Residential District (R-4) •Subject Property Outlined in Green •Approximately 21 acres of land •Currently undeveloped / residential / agricultural land •August 30 : 21 public hearing notices mailed •Newspaper Notice: September 20 th •Responses Received: 7 - Opposition 10- In Favor 0 - Neutral •2 Signs were posted •Note that this is the old graphic as are allow of the follwing Public Hearing Responses If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area, the proposed change must receive, in order to take effect, the affirmative vote of at least three -fourths (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d). At the time of the staff report (September 29, 2023 at 3:00pm)the total percentage of the protested parcel acreage is 36.70%, therefore,the 3/4 vote has been triggered for this zone change request when it is heard by the City Council. The 3/4 vote requirement has been triggered for the October 10, 2023 City Council meeting. •Current Zoning Designation: General Business (GB) and Single Family Residential / Agricultural (R -A) Subject Property Schertz Station: Zoned PDD. This portion has a base zoning of R-4 and will develop as Multi-Family // Comp Designation: Single-Family Res. SCUC ISD: Zoned M-1. Comp Designation: Single-Family Res. Bussey’s Flea Market: Zoned GB // Comp Designation Commercial Campus and Single-Family Res. Freeway Manor: Zoned GB // Comp Designation Highway Commercial, Commercial Campus and Single-Family Res. Commercial Development: Zoned GB // Comp Designation Commercial Campus and Single-Family Res. EVO Development: Zoned PDD. This portion has a base zoning of GB // Comp Designation: Commercial Campus and Single-Family Res. •In the vicinity of the subject property there are several properties that have the “Single Family Residential” Comprehensive Land Use Plan Designation and are zoned for Commercial, Industrial, or Multi -Family. •The proposed Apartment / Multi -Family Residential (R -4) zoning district is consistent with the General Business zoned properties, and PDD zoned properties designated for Multi -Family Development. Additionally, the subject parcel is immediately adjacent to a 101 -acre tract of land that is zoned Manufacturing Light (M -1). The proposed R -4 zoning district would act as a buffer between Commercial and Industrial properties and the residential. Surrounding Land Uses Subject Property •Comprehensive Land Use Plan Designation: Commercial Campus and Single -Family Residential Comprehensive Land Use Plan Designation •The 2002 Comprehensive Land Plan identified the subject property as Commercial Campus and Industry, Technology and R and D. •The subject property was not modified with the 2013 Sector Plan. •In 2017, Ordinance 17 -S -20 amended the portion of property identified as Industry, Technology, and R and D to the current designation of Single Family Residential. The portion of property that extends from IH 35 access road is identified as Commercial Campus. Comprehensive Land Use Plan Designation •The first 1,050 feet of the subject property (encompassing the portion of the property that is the access to IH 35 access road) is identified as Commercial Campus. The Commercial Campus designation supports Multi -Family. Comprehensive Land Use Plan Designation •The majority of the subject property is identified as “Single Family Residential” on the Comprehensive Land Use Map. The Single Family Residential use may include a mix of residential uses as well as limited commercial development. The City of Schertz has historically interpreted this to include multi -family / apartment. The Comprehensive Land Use Plan supports the proposed zone change to Apartment / Multi -Family (R -4). Comprehensive Land Use Plan Designation •The Planning Division has recommended approval on several Multi - Family projects / zone changes that the Comprehensive Land Use Plan designated the property as “Single Family Residential”. •Schertz Station - Approved via Ordinance 22 -S -44, which is located approximately 700 feet west of the subject property has approximately 29.09 acres that is designated as “Single Family Residential” on the Comprehensive Land Use Plan. This property was approved to be zoned Planned Development District (PDD) with a base zoning of Apartment / Multi -Family (R-4). Specifically, the 29.09 acres will be developed as 318 Multi -Family units. Comprehensive Land Use Plan Designation •Another Example of recommendation of Multi -Family •The Villas at Bluebonnet Ridge - This approximately 25 acre property (identified as Single Family Residential on the Comprehensive Land Use Plan) has requested to be rezoned to a Planned Development District three times. The first was for a PDD with a base zoning of Apartment / Multi -Family (R -4), the second was for a PDD with a base zoning of Townhome District (TH), and the third was for a PDD with a base zoning of Two - Family Residential (R -3). The Planning Division recommended approval on all three of these cases as the proposed zoning would provide a mixture of residential housing as desired by the Comprehensive Land Use Plan. Staff Analysis - Zoning •The existing zoning Single -Family Residential (R -A) per UDC Article 5 Section 21.5.5: •is intended to provide for areas in which agricultural land may be held in such use for as long as is practical and reasonable. •Residences in this District are intended to be on a minimum lot size of 21,780 square feet (one -half acre). •This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. Staff Analysis - Zoning •The UDC states “.. In such use for as long as is practical and reasonable.” The subject property is located 1,580 feet from IH 35, 600 feet to the north is property zoned for General Business, 340 feet to the east is property zoned General Business, immediately adjacent to property zoned Manufacturing Light, and 700 feet to the west is property zoned PDD that will be developed as Multi -Family. •The existing Single Family Residential / Agricultural (R -A) is not consistent with the surrounding land uses and zoning designations. Staff Analysis - Zoning •If other properties in the vicinity currently zoned Single -Family Residential / Agricultural (R -A) requested a zone change to Apartment / Multi -Family (R -4), the Planning Division would recommend approval based on the surrounding land uses and zoning districts along with the Comprehensive Land Use Plan supporting a mix of residential uses. •Additionally, if properties in the vicinity zoned R -A requested a commercial designation such as General Business, staff would support this zone change request as well based on the Comprehensive Land Use Plan - Single Family Residential designation supporting limited commercial development. UDC Sec. 21.5.4.D: Criteria for Approval There are 8 Criteria for Approval that the P&Z and City Council should consider in relation to Zone Change Requests. #1: Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; The description of Single Family Residential in the Comprehensive plan indicates that "the Single Family Residential use may include a mix of residential uses" not a mix of single family residential uses. As such some multi -family is consistent with this language. Further the Comprehensive Plan has a goal to "Achieve an efficient, diverse and balanced pattern of land uses within the City and the ETJ.“ and objective of providing "an appropriate mix of different land use types in suitable locations, densities and patterns consistent with the goals and objectives established in the Plan" which this would do. Finally, the plan states that "Housing should be developed to meet all needs of the community in terms of affordability, availability, adequacy and accessibility. Commercial Retail and Office." Multifamily housing helps to meet this need, especially in light of the rapidly increased cost of housing that has been discussed over the past few years. UDC Sec. 21.5.4.D: Criteria for Approval #2 : Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; As part of promoting health, safety and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. Given the existing M -1 zoning adjacent to the subject property, multi -family provides a better transition than single family detached lots. UDC Sec. 21.5.4.D: Criteria for Approval #3: Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; The site development standards in the UDC for multi -family development and the use of multifamily are appropriate and in fact seem to be the best in light of the significant variation in terms of zoning and land uses - single family residential, commercial and industrial. UDC Sec. 21.5.4.D: Criteria for Approval #4: Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; As the Comprehensive Plan notes, as development matures in rural areas, higher densities should be considered, Given the location of the subject property and the proximity of development, the city’s various plans and infrastructure projects assume higher intensity development in this area, rather than rural, this includes a planned thoroughfare running through the northern portion of the property and one to the east, approximately 350' away and the water storage tank less than 150' away. Given the population changes in SCUCISD this change does not conflict with the school district's plans including the 10 year campus forecasting. UDC Sec. 21.5.4.D: Criteria for Approval #5: Whether there have been environmental and/or economical changes which warrant the requested change; As has been a topic of discussion over the last few years, the significant rise in housing prices supports looking to increase the supply of multi -family housing. As has been mentioned in the past at P&Z the new median home value in SCUCISD has risen to over $430,000 from $210,650 in the pats 10 years. UDC Sec. 21.5.4.D: Criteria for Approval #6: Whether there is an error in the original zoning of the property for which a change is requested; There is not an error, but the R -A zoning is generally more common in the areas designated in the FLUP as Estate Neighborhood and Agricultural Conservation. The plan seems to anticipate these requests for greater density as areas continue to develop. UDC Sec. 21.5.4.D: Criteria for Approval #7: Whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and, This does not impact consideration by P&Z or the first reading from Council. UDC Sec. 21.5.4.D: Criteria for Approval #8: Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. Much of the opposition heard at P&Z was similar to every case where there is proposed multi -family zoning. A lot of this has to do with current levels of infrastructure versus planned or proposed infrastructure. Recommendation Staff Recommendation: •Based on the surrounding land uses and zoning designations, along with the Comprehensive Land Use Plan designation being intended for a mix of residential uses, Staff recommends approval of the proposed zone change (Ord. 23-S -26) from General Business District (GB) and Single -Family Residential / Agricultural District (R -A) to Apartment / Multi -Family Residential District (R -4). Planning and Zoning Commission Recommendation: •The Schertz Planning and Zoning commission met on September 13, 2023, and voted to recommend approval of the proposed zone change with a 7 -0 vote. COMMENTS & QUESTIONS Agenda No. 10.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Planning & Community Development Subject: Ordinance 23-S-25 - Conduct a public hearing and consider a request to rezone approximately 14.3 acres from General Business (GB) to Single-Family Residential District (R-2), located approximately 483 feet from the intersection of Green Valley Road and Eckhardt Road, also known as a portion of 4600 Eckhardt Road and 7263 Green Valley Road, Schertz, Guadalupe County, Texas. First Reading (B. James/L. Wood/ D. Marquez) BACKGROUND The applicant is proposing to rezone approximately 14.3 acres of land, a portion of 4600 Eckhardt Road and 7263 Green Valley Road, to Single-Family Residential District (R-2). The subject property is currently zoned General Business District (GB), and is currently undeveloped.  Nine (9) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on August 28, 2023. A public hearing notice was published in the "San Antonio Express" on September 20, 2023. At the time of this report, Staff has received (0) responses in favor, (0) opposed, and (1) response neutral to the proposed request. Additionally, two (2) Public Hearing Notice signs were placed on the property on September 1, 2023. The Planning and Zoning Commission conducted a public hearing on this item at the September 13, 2023, meeting.  GOAL The proposed zoning is for approximately 14.3 acres of land from General Business District (GB) to Single-Family Residential District (R-2). Per the letter of intent submitted with the application, the applicant desires to rezone 7263 Green Valley Road and the southern portion of 4600 Eckhardt Road to be cohesive with the northern portion that is already Single-Family Residential District (R-2) for the development of single-family detached homes. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth.  SUMMARY OF RECOMMENDED ACTION The Comprehensive Land Use Plan (CLUP) designates this subject property as Single Family Residential. The Single Family Residential land use designation is intended to encourage the development of a mix of residential that includes detached dwelling units which may include limited commercial development to support daily activities. The current General Business District (GB) zoning of the subject property is not in conformance with the Single Family Residential land use designation of the Comprehensive Plan. The proposed zone change to Single-Family Residential District (R-2) is in conformance with the intended Single-Family Residential land use designation. The subject property is currently adjacent to existing single family residences, vacant land, Eckhardt Road right-of-way, and Green Valley Road right-of-way.  The proposed Single-Family Residential District (R-2) is consistent with the existing surrounding land uses and surrounding properties. The proposed zone change to Single-Family Residential District (R-2) is for a portion of the subject property 4600 Eckhardt Road and subject property 7263 Green Valley Road, which are both currently zoned General Business District (GB). The intent of the zone change is to match the existing Single-Family Residential District (R-2) of the northern portion of 4600 Eckhardt Road that was rezoned from General Business District (GB) with Ordinance Number 22-S-42 in December 2022. RECOMMENDATION The Planning and Zoning Commission conducted a public hearing on September 13, 2023, where the Commission made a recommendation of approval which passed with a 7-0 vote.  Due to the proposed zone change to Single-Family Residential District (R-2) meeting the intent of the Comprehensive Plan, being compatible with adjacent land uses, and matching the remaining portion of 4600 Eckhardt Road, Staff recommends approval of the proposed zone change from General Business District (GB) to Single-Family Residential District (R-2) at the subject properties. Attachments Ordinance 23-S-25  Aerial Exhibit  Public Hearing Notice Map  Public Hearing Responses  City Council Presentation Slides  ORDINANCE NO. 23-S-25 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 14.3 ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2), LOCATED APPROXIMATELY 483 FEET FROM THE INTERSECTION OF GREEN VALLEY ROAD AND ECKHARDT ROAD, ALSO KNOWN AS A PORTION OF 4600 ECKHARDT ROAD AND 7263 GREEN VALLEY ROAD, SCHERTZ, GUADLAUPE COUNTY, TEXAS. WHEREAS, an application to rezone approximately 14.3 acres of land from General Business District (GB) to Single-Family Residential District (R-2), located approximately 483 feet from the intersection of Green Valley Road and Eckhardt Road, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the “Property”) has been filed with the City; and WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain criteria 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 zone change (the “Criteria”); and WHEREAS, on September 13, 2023, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning to Single-Family Residential District (R-2); and WHEREAS, on October 10, 2023, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Single-Family Residential District (R-2) Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. PASSED ON FIRST READING, the ________ of ___________2023. PASSED, APPROVED and ADOPTED ON SECOND READING, the _____ of __________, 2023. CITY OF SCHERTZ, TEXAS _____________________________ Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary (city seal) Exhibit “A” Property Description- Metes and Bounds Exhibit "A": Property Description - Metes and Bounds Exhibit "A": Property Description - Metes and Bounds Exhibit “B” Zone Change Exhibit E C K H A R D T R O A D GREEN VALLEY G R E E N V A L L E Y 815 8 1 0 8 1 5 8 1 5 815 815 820 825 825 815 81 0 805 81 0 815 80 0 79 5 790 795 800 805 810 805 N54°42'09"E 139.45' 365.37' N 4 8 ° 1 0 ' 5 8 " E 342.93' N 4 8 ° 2 1 ' 2 1 " E 337.09 ' N 4 3 ° 3 7 ' 5 2 " E N31° 0 0 ' 2 1 " E 342. 2 9 ' 3 3 0 . 1 4 ' S 2 4 ° 2 8 ' 5 0 " E 461.11' S59°25'28"W S 3 4 ° 0 6 ' 1 4 " E 1 4 1 . 7 7 ' 3 9 9 . 7 2 ' S 2 4 ° 5 7 ' 1 2 " E 973.47' S60°17'00"W 4 5 1 . 6 3 ' N 2 5 ° 2 4 ' 3 8 " W (V A R I A B L E W I D T H R . O . W . ) (VARIABLE WIDTH R.O.W.) AP P O X . 5 5 2 - F T T O I N T E R S E C T I O N O F EC K H A R D T R D . A N D G R E E N V A L L E Y R D . APPOX. 438-FT TO INTERSECTION OF GREEN VALLEY RD. AND ECKHARDT RD. 0' SC A L E : 1 ' ' = 1 0 0 ' 10 0 ' 20 0 ' 30 0 ' ECKH A R D T G R E E N V A L L E Y F R O B O E S E S C H E R T Z C I T Y L I M I T ENGE L 35 SI T E C O M A L C O U N T Y G U A D A L U P E C O U N T Y S C H E R T Z C I T Y L I M I T C O M A L C O U N T Y G U A D A L U P E C O U N T Y N N. T . S . L O C A T I O N M A P TH I S D O C U M E N T H A S B E E N P R O D U C E D F R O M M A T E R I A L T H A T W A S S T O R E D A N D / O R T R A N S M I T T E D E L E C T R O N I C A L L Y A N D M A Y H A V E B E E N I N A D V E R T E N T L Y A L T E R E D . R E L Y O N L Y O N F I N A L H A R D C O P Y M A T E R I A L S B E A R I N G T H E C O N S U L T A N T ' S O R I G I N A L S I G N A T U R E A N D S E A L . AC K E R M A N N S U B D I V I S I O N ZO N I N G E X H I B I T LE G A L D E S C R I P T I O N : A 1 4 . 2 3 A C R E T R A C T O F L A N D , O U T O F T H E C A R R O L M . G A H A G A N J R . S U R V E Y N O . 2 5 8 , AB S T R A C T N O . 1 4 2 , T H E E M A N U E L A D E L O S S A N T O S C O Y S U R V E Y A B S T R A C T N O . 9 3 BE I N G O U T O F T H E 4 4 . 3 6 A C R E T R A C T O F L A N D A S C O N V E Y E D T O M U S T A N G O A K S , L L C OF R E C O R D I N D O C U M E N T N U M B E R 2 0 2 3 9 9 0 0 0 7 3 4 O F T H E O F F I C I A L P U B L I C R E C O R D S OF G U A D A L U P E C O U N T Y , T E X A S A N D S I T U A T E D I N T H E C I T Y O F S C H E R T Z , G U A D A L U P E CO U N T Y , T E X A S . SC H E R T Z , T E X A S GU A D A L U P E C O U N T Y 20 0 ' N O T I F I C A T I O N B O U N D A R Y 95 . 3 4 A C R E T R A C T LA N D U S E : A G R I C U L T U R E ZO N I N G : G B PR O P E R Y I D : 6 3 9 9 4 (V O L . 1 6 5 4 , P G . 9 0 2 O . P . R . ) OW N E R : R B V 2 L I M I T E D P A R T N E R S H I P 88 0 9 C A R R I A G E D R SA N A N T O N I O , T X 7 8 2 1 7 5. 5 0 3 A C R E T R A C T LA N D U S E : S I N G L E F A M I L Y - R E S I D E N T I A L ZO N I N G : G B PR O P E R T Y I D : 6 3 9 9 7 (V O L . 2 4 1 6 , P G . 2 6 O . P . R . ) OW N E R : K A T H Y A D A M S A N D J A S O N LU N D 41 9 0 E C K H A R D T R O A D MA R I O N , T X 7 8 1 2 4 WH I T E E L M PR E P A R E D : J U L Y , 2 0 2 3 = B O U N D A R Y = 2 0 0 ' N O T I F I C A T I O N BO U N D A R Y LE G E N D E N G I N E E R : K F W E N G I N E E R S & S U R V E Y I N G 1 6 2 W M I L L S T . , N E W B R A U N F E L S , T X 7 8 1 3 0 P H O N E : ( 8 3 0 ) 2 2 0 - 6 0 4 2 F A X : ( 8 3 0 ) 6 2 7 - 9 0 9 7 11 . 6 8 2 A C R E T R A C T LA N D U S E : S I N G L E F A M I L Y - R E S I D E N T I A L ZO N I N G : ( G U A D A L U P E C O U N T Y ) PR O P E R T Y I D : 6 1 5 2 5 (V O L . 6 6 9 , P G . 1 0 2 O . P . R . ) OW N E R : H A R O L D M K L A E R N E R 74 7 0 G R E E N V A L L E Y R D NE W B R A U N F E L S , T X 7 8 1 3 2 22 . 1 4 A C R E T R A C T LA N D U S E : A G R I C U L T U R E ZO N I N G : G B PR O P E R T Y I D : 6 4 0 0 6 (V O L . 4 1 7 6 , P G 7 6 7 O . P . R . ) OW N E R : S C H W A B C R E D I T T R U S T RU B Y F S C H W A B - T R U S T E E 12 8 8 N B U S I N E S S 3 5 NE W B R A U N F E L S , T X 7 8 1 3 0 4. 9 9 A C R E T R A C T LA N D U S E : S I N G L E F A M I L Y - R E S I D E N T I A L ZO N I N G : ( G U A D A L U P E C O U N T Y ) PR O P E R T Y I D : 6 1 6 2 8 (V O L . , P G . ) OW N E R : G R O V E R E & B A W R I G H T 72 6 0 G R E E N V A L L E Y R D CI B O L O , T X 7 8 1 0 8 0. 7 5 A C R E T R A C T LA N D U S E : S I N G L E F A M I L Y - R E S I D E N T I A L ZO N I N G : ( G U A D A L U P E C O U N T Y ) PR O P E R T Y I D : 6 1 6 2 6 (V O L . 4 7 7 , P G . 6 9 8 O . P . R . ) OW N E R : B A R B A R A A N N W R I G H T 72 6 0 G R E E N V A L L E Y R D CI B O L O , T X 7 8 1 0 8 23 . 6 3 A C R E T R A C T LA N D U S E : S I N G L E F A M I L Y - R E S I D E N T I A L ZO N I N G : ( G U A D A L U P E C O U N T Y ) PR O P E R T Y I D : 6 1 5 9 2 (V O L . 2 7 8 0 , P G . 1 0 7 3 O . P . R . OW N E R : B A R B A R A W R I G H T 72 6 0 G R E E N V A L L E Y R D CI B O L O , T X 7 8 1 0 8 ZO N I N G T A B L E TO T A L AC R E A G E EX I S T I N G ZO N I N G PR O P S O E D ZO N I N G 14 . 2 3 A C R E S GB R- 2 18 . 4 6 1 A C R E T A C T LA N D U S E : S I N G L E - F A M I L Y R E S I D E N T I A L ZO N I N G : R 6 CY P R E S S P O I N T , U N I T 4 (V O L . 8 , P G S . 7 2 9 - 7 3 0 M . P . R . ) 7. 9 5 A C R E T R A C T LA N D U S E : A G R I C U L T U R A L ZO N I N G : G B PR O P E R T Y I D : 6 3 9 9 3 (D O C . # 2 0 2 0 9 9 0 0 5 8 5 4 ) OW N E R : H E S S H I L L S D E V E L O P M E N T L L C 60 6 E A S T 4 2 N D S T . A U S T I N , T X 7 8 7 5 1 4. 9 9 A C R E T R A C T LA N D U S E : S I N G L E F A M I L Y - R E S I D E N T I A L ZO N I N G : ( G U A D A L U P E C O U N T Y ) PR O P E R T Y I D : 6 1 5 9 1 (D O C . # 1 6 1 6 5 ) OW N E R : D A K E C O L L E E N J 72 0 8 G R E E N V A L L E Y R D CI B O L O , T X 7 8 1 0 8 20 0 ' N O T I F I C A T I O N B O U N D A R Y = E X I S T I N G C O N T O U R S 73 0 43 . 5 0 A C R E T R A C T OW N E R : M U S T A N G O A K S L L C (D O C . # 2 0 2 3 9 9 0 0 0 7 3 4 O . P . R . ) 200' NOTIFICATION BOUNDARY 0. 6 3 0 A C R E T R A C T LA N D U S E : S I N G L E F A M I L Y - R E S I D E N T I A L PR O P E R T Y I D : 6 1 5 2 6 ZO N I N G : ( G U A D A L U P E C O U N T Y ) (V O L . 6 6 9 , P G . 1 0 2 O . P . R . ) OW N E R : H A R O L D M K L A E R N E R 7 4 7 0 GR E E N V A L L E Y R D NE W B R A U N F E L S , T X 7 8 1 2 3 1. 5 0 A C R E T R A C T LA N D U S E : N / A ZO N I N G : G B PR O P E R T Y I D : 1 5 3 8 1 5 (D O C . # 2 0 3 9 9 0 0 0 7 3 4 ) OW N E R : M U S T A N G OA K S L L C 46 3 0 N L O O P 1 6 0 4 WE S T S T E 5 1 4 SA N A N T O N O , T X 7 8 2 4 9 NO T E RE F E R E N C E D P R O P E R T Y I S I N Z O N E X , A R E A S D E T E R M I N E D TO B E O U T S I D E T H E 0 . 2 % A N N U A L C H A N C E F L O O D P L A I N , A S SC A L E D F R O M F E M A F L O O D M A P 9 0 O F 4 8 0 , C O M M U N I T Y PA N E L N O . 4 8 1 8 7 C 0 0 9 0 F , D A T E D N O V E M B E R 2 , 2 0 0 7 . O W N E R / A P P L I C A N T : M U S T A N G O A K S L L C 4 6 3 0 N L O O P 1 6 0 4 W E S T S T E 5 1 4 S A N A N T O N I O , T X 7 8 2 4 9 ( 2 1 0 ) 4 1 5 - 0 6 9 7 200' NOT I F I C A T I O N B O U N D A R Y Ph o n e # : ( 8 3 0 ) 2 2 0 - 6 0 4 2 • F a x # : ( 8 3 0 ) 6 2 7 - 9 0 9 7 TB P E F i r m # : 9 5 1 3 • T B P L S F i r m # : 1 0 1 2 2 3 0 0 ha s j o i n e d C o l l i e r s E n g i n e e r i n g & D e s i g n 64 0 N o r t h W a l n u t A v e . S u i t e 1 1 0 1 , N e w B r a u n f e l s , T x . 7 8 1 3 0 42 . 7 9 A C R E T R A C T LA N D U S E : A G R I C U L T U R A L ZO N I N G : G B PR O P E R T Y I D : 6 3 9 9 2 (D O C . # 2 0 2 0 9 9 0 0 5 8 5 4 ) OW N E R : H E S S H I L L S D E V E L O P M E N T L L C 60 6 E A S T 4 2 N D S T . AU S T I N , T X 7 8 7 5 1 30 . 1 3 A C R E S LA N D U S E : S I N G L E F A M I L Y - R E S I D E N T I A L ZO N I N G : R - 2 PR O P E R T Y I D : 6 3 9 9 8 (D O C . # 2 0 2 3 9 9 0 0 0 7 3 4 O . P . R . ) OW N E R : M U S T A N G O A K S L L C 46 3 0 N L O O P 1 6 0 4 W E S T S T E 5 1 4 SA N A N T O N I O , T X 7 8 2 4 9 987654321 BL O C K 14 1615141312111098 BL O C K 12 = O F F I C A L P U B L I C R E C O R D S O. P . R . 15 ' W A T E R L I N E E A S E M E N T (V O L . 6 7 9 , P G . 7 4 2 O . P . R . ) = G E N E R A L B U S I N E S S GB = R I G H T O F W A Y R. O . W . = S I N G L E F A M I L Y - 6 R- 6 = S C H E R T Z C I T Y L I M I T S SC H E R T Z C I T Y L I M I T S SCHERTZ CITY LIMITS = S I N G L E F A M I L Y - 2 R- 2 Exhibit "B": Zone Change Exhibit !P !P !P !P !P !P !P!P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P g g g g g g g g g g U U U U U U U U U U U U U ( 7 0 ' R O W ) ' R e s i d e n t i a l C o l l e c t o r ( E C K H A R D T R D ) (70' RO W ) ' P l a n n e d R e s i d e n t i a l C o l l e c t o r ( E A S T & W E S T C O N N E C T O R ) (9 0 ' R O W ) ' P l a n n e d S e c o n d a r y A r t e r i a l ( N O R T H & S O U T H C O N N E C T O R ) ( 7 0 ' R O W ) ' P l a n n e d R e s i d e n t i a l C o l l e c t o r ( G R E E N V A L L E Y R D ) 61553COOK VERONICAGAIL 61579IRLE WALLACEP JR 61591DAKECOLLEEN J 121061SANDERS FRANK D& SUSAN D SEALY 6 3 9 9 3 H E S S H I L L S D E V E L O P M E N T L L C 63992HESS HILLSDEVELOPMENT LLC 61514SHIPP LAKEHOLDINGS LLC 61609WESTON RANCHFOUNDATION 61525KLAERNERHAROLD M 61526KLAERNERHAROLD M 68373PARKLANDS UNITS1 & 2 LTD 67959SCHWABCREDIT TRUST 61592WRIGHTBARBARA ETAL 61626WRIGHTBARBARA ANN 61628WRIGHT GROVERE & B A 61627WRIGHTBARBARA ANN 187531HERNANDEZRAYMOND M 63994RBV2 LIMITEDPARTNERSHIP 64006SCHWABCREDIT TRUST 63998MUSTANGOAKS LLC 63997ADAMS KATHY& JASON LUND 168169 SCHER T Z C Y P R E S S POINT H O A I N C 153815MUSTANGOAKS LLC GuadalupeCounty 8 " W L 8 " W L 8" WL 8" WL 8" WL 8" WL 12" W L 2" WL 1 2 " W L 8 " W L 6" WL 6 " W L 2"WL 6 0 W L KIMBLE WAY F O R E S T O A K GREEN V A L L E Y R D OCHLITREE W H I T E E L M E C K H A R D T R D PECOS P T T O P R I D G E L N T E R R E L P T SC H W A B R D SUNDO W N P K W Y G R E Y S O T O L W A Y E L L ISWA Y P V T R D A T 4 6 0 0 E C K H A R D T R D 8 " P V C S D R 2 6 8" PVC SDR 26 D-2241 8" PVC SD R 2 6 8 " P V C S D R 2 6 8" P V C S D R 2 6 8" PVC SDR 2 6 8" PVCSDR 26D-2241 8 " P V C S D R 2 6 D - 2 2 4 1 8" PV C SDR 2 6 D-22 4 1 8 " P V C S D R 2 6 8 " P V C S D R 2 6 8" PVC S D R 2 6 8" PVC SD R 2 6 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 1 Inch = 200 Feet ACKERMANN TRACTZONE CHANGE(PLZC20230170)0 200 400100Feet4UHydrant UT Water Storage Facility !P Manholes 3Q Schertz Treatment Plant 3Q CCMA Treatment Plant [Ú Schertz Lift Station [Ú Private Lift Station [Ú CCMA Lift Station <all other values> Freeway Principal Arterial Planned Principal Arterial Secondary Arterial Planned Secondary Arterial Secondary Rural Arterial Planned Secondary Rural Arterial Residential Collector Planned Residential Collector Commercial Collector B Planned Commercial Collector B Commercial Collector A Planned Commercial Collector A <all other values> Highways Major Roads Minor Roads Other Cities 1" 2" 3" 4" 6" 8" 10" 12" 16" 18" 20" 24" 30" 36" Schertz Gravity Schertz Pressure Neighboring Gravity Private Pressure 200' Buffer Schertz Municipal Boundary Schertz ETJ Boundary County Boundaries E C K H A R D T R D T O P R I D G E L N OCHLITREE W H I T E E L M SCHWAB RD SUND O W N PKWY GREEN V A L L E Y R D G R E Y S O T O L W A Y T E R R E L P T PECOS P T KIMBLE WAY SHERMA N S Q ELLIS WAY G R E E N V A L L E Y R D 7208 GREENVALLEY RD(61591) 4190ECKHARDT RD(63997) E C K H A R D T R D ( 6 3 9 9 3 ) ECKHARDT RD(63992) 7470 GREENVALLEY RD(61525) 7470 GREENVALLEY RD(61526) GREENVALLEY RD(61592) GREENVALLEY RD(61628) 7260 GREENVALLEY RD(61627) GREENVALLEY RD(64006) 7263 GREEN VALLEY R D (153815 ) 4600ECKHARDT RD(63998) GREENVALLEY RD(61626) 4 0 400 800200 Feet City of Sch ertzACKER MANN TR ACTZO NE CHANGE(PLZC20230170)La st Upda te:July 17, 2023 “Th e City of Sch ertz provides th is Geogra ph ic Inform a tion System product "a s is" with out a ny express or im pliedwa rra nty of a ny kind including b ut not lim ited to th e im plied wa rra nties of m erch a nta b ility a nd fitness for a pa rtic ula r purpose.In no event sh a ll Th e City of Sch ertz b e lia b le for a ny specia l, indirec t or consequentia l da m a ges or a ny da m a ges wh a tsoever a rising out of or in connectionwith th e use of or perform a nc e of th ese m a teria ls. Inform a tion pub lish ed in th is product could include tech nica l ina ccura c ies or typogra ph ica l errors. Periodica lch a nges m a y b e m a de a nd inform a tion m a y b e a dded to th e inform a tion h erein. Th e City of Sch ertz m a y m a ke im provem ents a nd/or ch a nges in th e product(s)desc ribed h erein a t a ny tim e.” City of Sch ertz, GIS Depa rtm ent, gis@sch ertz.com 200' Buffer Project Area City Lim it Bounda ry Ord. 23 -S-25 Daisy Marquez |PLANNER Zone Change for A portion of 4600 Eckhardt Rd & 7263 Green Valley Road (14.3 acres) •August 28 : 9 public hearing notices mailed . •Published in the San Antonio Express on September 20,2023 . •Responses Received: 0 - Opposition 0 - In Favor 1 - Neutral •Portion of 4600 Eckhardt Rd and 7263 Green Valley Road are zoned General Business (GB)​ Existing Zoning Land Use North Single-Family Residential (R-6) & Single-Family Residential (R-2) Single-Family Residences South Right-of -Way Green Valley Road East General Business District (GB) & Right of Way Undeveloped & Eckhardt Rd West General Business District (GB) Agriculture/ Undeveloped Proposed Rezone Proposed Zoning is Single -Family Residential District (R -2). Current Zoning is General Business District (GB). Per Letter of Intent - Applicant wishes to rezone the remaining portion of the property to match the already zoned (R -2) on the northern portion of the property. The intent for the property is to build single - family homes. Staff Analysis Comprehensive Plan Conformance: The current Comprehensive Land Use Plan identifies this property as Single -Family Residential. Single - Family Residential is meant for a mix of residential uses to include detached dwelling units and may include limited commercial development to support daily activities. The proposed zone change to Single -Family Residential (R -2) would be in conformance with the intention of the Single -Family Residential Land Use Designation. •The proposed rezoning to Single -Family District (R - 2)would be consistent with the existing surrounding uses. •The northern portion of the property was rezoned in December 2022 to Single -Family Residential (R -2) with Ordinance Number 22-S -42. •The proposed rezone to Single -Family District (R -2) is compatible with adjacent land uses, will match the current zoning of the rest of the property, and aligns with the intent of the Comprehensive Land Use Plan. Staff Analysis Staff Recommendation: •Staff recommends approval of the proposed zone change from General Business District (GB) to Single -Family Residential (R -2) due to its consistency with existing land uses and compatibility with the Comprehensive Plan. Planning and Zoning Commission Recommendation: •The Schertz Planning and Zoning Commission met on September 13, 2023, and voted to recommend that the City Council approve the proposed zone change as presented with a 7 -0 vote. Recommendation COMMENTS & QUESTIONS Agenda No. 11.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Facility & Fleet Subject:Discussion regarding the status of City's electronic marquee sign BACKGROUND Internal Services to provide a presentation on the City's current electronic sign that has been deemed inoperable, unrepairable, and inside GVEC electric easement. Requesting guidance from Council on relocating the sign within the complex or remove the sign indefinitely leaving the Hal Baldwin monument.  1. Attachments Electronic Sign Presentation  Electronic Marquee Sign Dawniecia Hardin Trussell | Internal Services Director | Facilities 1 Current Electronic Sign - - Sign has been struggling for appox. 2 years and is now inoperable. It is beyond repair as parts are not available and must be replaced. - Current sign is in the GVEC right-of-way which they do not allow as it poses safety concerns and operational problems. The understanding was it could not be replaced in this same location. - Staff has been researching options. 2 Schertz UDC City Requirements The UDC includes a waiver for government signs to not comply with the sign regulations that apply to businesses. These include: - Location Restrictions.No electronic signs shall be permitted within 150 feet of a residentially zoned property or property used for residential purposes. - Maximum area of an electronic sign shall not exceed 50 square feet. In this case if the sign was the max size of 90 square feet, then only 50 square feet can be electronic and the other 40 would be static. - Minimum setback: 15 feet from the property line - Maximum sign height: 18 feet on Schertz Parkway - Maximum sign area: 90 square feet per sign face (both sides can be the maximum size) - Number of signs: 1 freestanding ground sign per lot per street frontage 3 Suggested Design 4 Going Forward Add text here: Lorem ipsum dolor sit amet, id congue sententiae mea, bonorum eruditi nominavi ut cum, has lucilius platonem ocurreret no. Ea duo probatus assentior, dolorem consectetuer in vix. Ne noster possim sed, nihil fastidii reformidans sea cur. 5 •Remove the electronic portion of the sign, keeping the Hal Baldwin Monument •Relocate sign within the Hal Baldwin Complex, maintaining street visibility •Request a waiver to keep the sign on City Campus but relocate its current position •Cost to demo & install •$84,638 to $91,271.00 (based on size) COMMENTS & QUESTIONS 6 Agenda No. 12.   CITY COUNCIL MEMORANDUM    City Council Meeting:October 10, 2023 Department:Engineering Subject:Monthly Update - Major Projects In Progress/CIP (B.James/K.Woodlee) Attachments October 2023 Major Projects Update  Informational Only CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2023 Department: City Manager Subject: Update on Major Projects in Progress Background This is the monthly update on large projects that are in progress or in the planning process. This update is being provided so Council will be up to date on the progress of these large projects. If Council desires more information on any project or on projects not on this list, please reach out to staff and th at information will be provided. Facilities Projects: 1. Borgfeld Facility Renovation Project o Project Status: Scope development phase - Demo of existing drywall, insulation, HVAC system and water heater to use as office space. o Projected Completion: Unknown. o Project Update: No change from last update. The building is secured. Staff is pursuing alternate plan involving a partnership with Guadalupe County for use of office space at their FM 78 facility. Upon finalization of that agreement, staff will provide a recommendation on what to do with this building. 2. Building 10 Parks Renovation o Project Status: Design phase o Projected Completion: Unknown o Estimated Cost: $250,000 initial cost o Project Update: No change from last update. M&S Engineering is working on the additional scope of work to include the bay area of the building. City staff is currently reviewing the scope of work provided by M&S. Next step is finding a contractor and funding. 3. Kramer House Deck Replacement o Project Status: Partially complete. o Previously Projected Completion: Fall 2022 o Estimated Cost: Estimated $85,000 - $100,000 o Project Update: Deck work is complete including the addition of stairs and painting. City staff will begin trying to get a contract for landscaping now that cooler weather has arrived. 4. Fleet Building Parking Lot o Project Status: Permit phase o Consultant: M&S Engineering o Contractor: To Be Determined o Project Completion: 2023 o Project Update: No change from last update. Site Plan Certification for project in process. A proposal is under review for professional services relating to the replat of the subdivision, as four lots are currently being used as one purpose. Awaiting completion of replat. M&S Engineering will assist design scope of work. Drainage Projects: 1. FM 78 South Channel Silt Removal o Project Status: Easement Acquisition and Construction o Design Engineer: Unintech Consulting Engineers, Inc. o Project Start: September 2022 o Project Cost: $32,100 (Design) + $4,600 Drainage Report o Construction Costs: $172,587.31 base bid, $268,545.00 alternate in lieu o Project Update: No Change - Efforts to secure the necessary access easements are still ongoing. Water and Wastewater Projects: 1. Woman Hollering Creek Wastewater Interceptor Main and Lift Station o Project Status: Construction o Construction Contractor: Thalle Construction Co., Inc. o Construction Management: AG|CM o Design Engineer: Cobb, Fendley & Associates, Inc. o Construction Start: January 2022 o Estimated Cost of Construction (including construction and ancillary contracts): $12 million o Project Update: Installation of the 30-inch and 18-inch gravity pipe and manholes is complete and testing is ongoing. The lift station wet well and storage well structures are complete. Construction and installation of electrical equipment slabs and conduit at the lift station site continues. o Issues: Current substantial completion expected late 2023. 2. 24” Dedicated Transmission Main Design Phase II Overall project intent is the construction of a 24” dedicated water transmission main to connect the Live Oak water storage facility to the IH 35 storage tank. Phase 1 (route study) was completed in March 2021. Phase 2 (construction design) is nearing completion. o Project Status: Design Phase – moving into Easement Acquisition Phase o Consultant: Kimley-Horn & Associates o Design Project Start Date: June 1, 2021 o Phase 2 Project Completion Date: Summer 2023 o Project Cost (Phase 2 Design): $1,508,875.50 (Easement Acquisition): $900,000 o Project Update: The project is on a hold while staff works on other projects. Following is the most recent update from where the project will be resumed when adequate time is available. o Pre-100% design plans are complete. Plans will be reviewed and updates made as necessary once project construction phase nears. Easement acquisition was authorized by Council and initiated. Land acquisition agents reached out to property owners for easement related to temporary (construction) and permanent easements. Several property owners agreed to the initial offer letters. Meetings have been held with HOA representatives (Greenshire and Arroyo Verde) to discuss the needed easements and impacts to the property. Staff will work with the design team to make modifications to the specific alignment through HOA greenbelts based on feedback from those communities. 3. Riata Lift Station Relocation (Design Phase) Overall project intent is to relocate the Riata Lift Station ahead of TxDOT’s IH-35 NEX Project to remove it from conflict with the proposed improvements. The design phase included identification of a new site for the lift station, design of the new lift station, and design of the abandonment of the existing lift station. o Project Status: Design and Property Acquisition o Consultant: Utility Engineering Group, PLLC (UEG) o Design Project Start Date: August 2020 o Expected Design Project Completion Date: 2023 o Total Project Cost (Design Phase): $129,795 (NTE $143,000) o Estimated Construction Cost: $2,388,705 o Estimated Property Acquisition: $300,000 o Project Update: Resolution 23-R-105 is set for October Council meeting to approve the purchase of the lift station site and necessary easements for a Not to Exceed amount of $300,000. 4. FM 1518 Utility Relocations Overall project intent is to relocate the water and sewer utilities to avoid conflicts as part of the TxDOT FM 1518 Project. The current contract is for the design services of the project. o Project Status: Design/Bid o Consultant: Halff Associates o Design Project Start Date: June 2021 o Design Project Completion Date: Spring 2023 o Total Project Cost (Design Only): $548,370 (NTE $600,000) o Project Update: TxDOT is still planning for an October 2023 letting date. City relocation plans and agreements have been approved for the joint-bid project. TxDOT has asked the City to include the relocation of a backflow device for RAFB as part of a non-joint bid project which will be reimbursable through TxDOT. A contract for design services for that relocation is expected to be on the October 17, 2023 Council Agenda. 5. Corbett Ground Storage Tank Overall project intent is to construct a new 3-million-gallon ground storage tank on Ray Corbett Drive. The ground storage tank (GST) will be used to fill the Corbett Elevated Storage Tank, the East Live Oak Elevated Storage Tank, and have additional water storage capacity. o Project Status: Pre-Construction Phase o Consultant: Unintech Consulting Engineers o Construction Start Date: Original date January 7, 2023 (approx.). Project is delayed due to federal regulation uncertainty related to grant funding requirements – see update below. o Expected Project Completion Date: 550 calendar days after construction begins o Total Design Cost: Design $466,265.00 o Total Construction Cost: $7,028,017.00 o Project Update: As of October 3, 2023, Staff is still awaiting response and instruction from the EPA regarding requested waivers from American Iron and Steel (AIS) provisions and the Buy American, Build American (BABA) Act and the application for categorical exemption for the project (related to the grant funding). Staff continues to consult with EPA staff and the project engineer (Unintech) to address options to move the project forward. Cost increases due to the delays experienced while waiting for grant- related issues to be resolved are expected. At this time anticipated changes are still expected to be within the not-to-exceed amount of funding approved by Council. 6. FM 2252 Utility Relocations Overall project intent is to relocate the water utilities to avoid conflicts as part of the TxDOT FM 2252 Project. The current contract is for the design services of the project. o Project Status: Construction o Consultant: Unintech Consulting Engineers o Design Project Start Date: May 2022 o Construction Substantial Completion Date: September 2024 o Total Design Cost: $19,617.50 o Total Construction Cost: $247,053.50 (NTE $275,000) o Project Update: No-Change - Utilities have been relocated by CC Carlton and the City has conducted a final walk through. Close-out documents including the warranty bond are being assembled to complete the project. 7. Water Loop Lines Overall project intent is to install 12” water lines to provide a looped distribution system from Ware Seguin to Lower Seguin and Pfeil Road to N Graytown Road o Project Status: Design o Consultant: Unintech Consulting Engineers o Design Start Date: July 2022 o Total Design Cost: $ 186,973.00 (NTE $200,000.00) o Estimated Construction Cost: $ 4,400,000.00 o Project Update: 60% plan set comments have been sent back to consultant to incorporate into 90% design. Right of Entry and easement acquisition efforts are ongoing. 8. IH 35 NEX-North Utility Relocations Overall project intent is to relocate water and sewer utilities to avoid conflicts as part of the TxDOT IH 35 NEX-North Project. The current contract, authorization for which is on the October 10, 2023, Council Agenda, is for the design and easement acquisition services of the project. o Project Status: Design o Consultant: Halff Associates o Design Project Start Date: October 2023 o Expected Design Project Completion Date: Summer 2024 o Total Project Cost Design and Easement Acquisition Services: NTE $1,250,000 o Project Update: Resolution 23-R-106 is set for October Council meeting to approve the contract for design and easement acquisition services for Halff Associates Street Projects: 2. Main Street Improvements Project o Project Status: Design o Consultant: Kimley-Horn Associates o Project Update: Consultant is coordinating with utility companies to refine the conflicts and gather information about future utility relocations. GVEC is re-checking relocation plans and updating costs. 3. Schertz Parkway/Lookout Road Signalization o Project Status: Design o Consultant: Halff Associates o Current Estimated Construction Cost: $300,000 ($100,000 of which will come from Selma) o Project Status: Nothing new to report. 4. Lookout Road Reconstruction o Project Status: Design o Consultant: Halff Associates o Current Estimated Construction Cost: $6 million o Project Update: Consultant has continued to make progress on the project plans. It is expected that 90% plans will be complete and submitted to the City for review in the next couple of weeks. 5. 2023 SPAM Resurfacing o Project Status: Construction o Construction Cost: $195,000 o Project Update: The slurry seal application is expected to start and be completed in the Middle of October 2023. The contractor will distribute fliers to affected residents before the application starts. The contractor has mobilized equipment and the slurry seal aggregate to a staging area on Pecan Street. 6. 2023 Trainer Hale Repairs o Project Status: Construction o Construction Cost: $130,000 o Project Update: Construction of this project has been delayed slightly due to some changes in the repair areas. Staff has coordinated with the contractor to get the repair areas identified and work is expected to start in the very near future. Work is expected to take only three days to complete. 7. 2023 Windy Meadows Overlay o Project Status: Construction o Construction Cost: $340,000 o Project Update: The project has been completed. Parks & Recreation Projects: 1. Wendy Swan Memorial Park Splashpad o Project Status: Under Construction o Construction Start Date: September 29, 2022 o Construction Contractor: T.F. Harper & Associates o Estimated Project Completion: October 2023 o Project Cost: $297,350.09 o Project Status: Splash pad construction is complete, and the Grand Opening was held on July 31. The restroom repairs are on-going. Rough-in electrical and plumbing is complete, and installation of the interior walls is 50% complete. The temporary restroom trailer is still in place. The splashpad will remain open daily 9 am – 9 pm until October 31 (weather permitting.) 2. Schertz Soccer Complex Irrigation Water Storage Project o Project Status: Phase 1 Under Construction, Phase II pending schedule o Construction Start Date: October 2022 o Construction Management: City staff o Construction Contractor: various subcontractors o Estimated Project Completion: March 2024 o Project Estimated Cost: $107,036.90 o Project Status: Original single bid received in the summer of 2022 was rejected due to being significantly higher than engineer’s estimate. Project was phased out into various subspecialties and is being managed by city staff to contract individual subcontractors. Phase I included demolition of existing fence and placing of temporary fencing. Phase II was electrical work to bring panel up to code and add capacity for larger pumps and is completed. Phase III is replacing the well pump and piping and bids have been received and the work is being scheduled. Staff is currently revising bids to begin Phase III. TxDOT Roadway Projects: 1. FM 1103 Improvement Project: Unexpected utility conflicts are still causing delay of the overall project. While construction officially began in November 2022, and was expected to be complete in fall 2026, at this time, a date for roadway construction to resume is unknown. Updates will be shared as available from TxDOT. General project updates are available by signing up at this link: FM 1103 Construction Newsletter 2. FM 1518 Improvement Project: At the time of submittal of this update, the scheduled let date for the project is planned for October 5, 2023. A report of the letting should be shared in next month’s project update. 3. IH-35 NEX (I-410 South to FM 1103): The central segment of the I-35 Northeast Expansion project continues with Alamo NEX Construction handling the design-build project. The central section runs from 410 N to FM 3009. Utility coordination work for the northern segment of the project is also underway. TxDOT consultants have met with Public Works and Engineering Staff to begin establishing relocation needs. The City will be reimbursed for costs of all needed relocations except for any upsizing or improvements above current conditions. Updates about the project can be obtained by signing up at the following link: I 35 NEX Project Updates 4. IH-10 Graytown Road to Guadalupe County Line: Work for the widening of the main lanes and utility relocations continues. Work on the FM 1518 bridge over IH 10 continues and will involve numerous episodes of the rerouting of traffic including shifting lanes and detours as necessary. Final completion of the bridge including turnarounds and full signalization is expected in summer 2023. Updates regarding the IH 10 project are available by signing up at the following link: IH 10 Expansion Information Note: If links do not work, please contact engineering@schertz.com. Studies and Plans: 1. Water and Wastewater Master Plan Update and Impact Fee Study o Project Status: Study o Consultant: Lockwood, Andrews, and Newnam, Inc. o Project Start Date: December 2019 o Project Completion Date: TBD 2023/2024 o Total Project Cost: $500,000 o Project Update: Staff is still working with LAN to include finishing touches to the wastewater Capital Improvement Plan. Following any comments and revisions after Staff review, the consultant will begin the impact fee calculation phase of the project. Statutorily required meetings and hearings regarding the adoption of updated impact fees is expected to begin in the early part of 2024. 2. Stormwater Control Inventory and City Operations Assessment The work of this project is an action included in the City’s Stormwater Management Plan (Plan). The Plan is the blueprint of activities needed to comply with the City’s Texas Commission on Environmental Quality (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) General Permit required by virtue of the City’s classification as Municipal Separate Storm Sewer System (MS4). This project specifically consists of development of an inventory of City facility stormwater controls and an assessment of city operations as related to stormwater control and quality. o Project Status: Study o Consultant: Utility Engineering Group, PLLC o Project Start Date: July 2020 o Project Completion Date: Summer 2023 o Total Project Cost: $35,000 o Project Update: No change from last project update. Consultant and City staff have visited City sites for information collection. Consultant has submitted a final draft from the compiled information and Inventory Assessment is under review by staff. 3. PCI Data Collection Study o Project Status: Nearly fully complete o Consultant: Fugro, Inc. o Project Cost: $123,200 o Project Update: No change from last update. The consultant is working with IT and GIS to get the revised data configured in the manner we want it and the GIS map layer created in our system. Planning and Community Development Projects: 1. Comprehensive Land Use Plan Update Freese and Nichols, the firm hired by the city to assist staff with updating the plan, is estimating that the Comprehensive Plan update is about half-way complete. Staff has conducted three Comprehensive Plan Advisory Committee (CPAC) Meetings. The third meeting was on September 27th and Freese and Nichols presented a preview of the Future Land Use Map to the committee. The fourth and final CPAC meeting is tentatively scheduled for November 15th, 2023. The online survey has generated a total of 203 responses as of September 29th. The interactive map has a total of 57 comments as well. Staff has reached out to Samuel Clemens High School to get the youth the community involved with the survey and interactive map, and an article in the Schertz Magazine has also generated interest. Freese and Nichols, along with staff will be at the Dunkin’ for Pumpkins event on October 7th, with two tables set up to generate more excitement and involvement with survey handouts, activities, candy and Schertz-branded memorabilia for kids and parents alike. Information Technologies Projects 1. Master Communications Plan Citywide Network Upgrade Vendor has completed installation of the radios and switches at Live Oak, Nacogdoches, Scenic Hills, I-35, and Corbett. Cameras are currently being programmed for installation. Final completion is expected to be end of year 2023. 2. Council Chambers AV Upgrade Permanent microphones were received and set up for use. Court functionality has been completed and staff have received training. City staff working on SOPs for operational use on control panels. City staff will receive general function training from vendor prior to project completion. Estimated project completion date is the end of October 2023.