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05-07-2024 Agenda Packet D R A F T MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 7, 2024 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, MAY 7, 2024 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 Heyward) Proclamations National Police Week May12-18, 2024 and National Peace Officers Memorial Day May 15, 2024 (Councilmember Heyward) World Facilities Management Day May 8, 2024 (Councilmember Watson) Economic Development Week May 6-10, 2024 (Mayor Pro-Tem Macaluso) National Prevention Week (Substance Abuse) May 12-18, 2024 (Councilmember Gibson) International Firefighters Day May 4, 2024 (Councilmember Westbrook) Employee Introductions EMS: Brooke Bush-Billing Specialist Municipal Court: Samantha Caballero-Court Clerk Civic Center: Dawn Williams Civic Center Coordinator Library: Miguel Martinez-Library Assistant Public Works-Water: Michael Willis-Water/Wastewater Worker I Public Works-Streets: Harris Atilano-Street Maintenance Worker I Purchasing: Daniel Ellenburg-Purchasing Manager May 7, 2024 City Council Agenda Page 1 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 - Consideration and/or action regarding the approval of the regular meeting minutes of April 16, 2024. (S.Edmondson/S.Courney) 2.Resolution 24-R-52 - Authorizing a Cost Sharing Agreement for the Saddlebrook Development.(S.Williams/B.James) 3.Appointment/Reappointment/Resignations For Boards/Commissions/Committees (S.Edmondson) Appointments Sophie Rodriguez - Schertz Historical Preservation Committee Maria Fain - Schertz Historical Preservation Committee Resignations Robert Marks - Transportation Safety Advisory Commission and Parks and Recreation Advisory Board Public Hearings May 7, 2024 City Council Agenda Page 2 Public Hearings 4.Ordinance 24-H-07- Conduct a public hearing, consider and possible action on proposed updates to the Schertz Code of Ordinances, Chapter 34 - Health, Article IV Smoking in public places and Article VI - Illegal Smoking Materials. First Reading (B.James/L.Wood/A.Cantu). 5.Ordinance 24-S-18 - Conduct a public hearing and consider a request to rezone approximately 1.8 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), known as Bexar County Property Identification Number 308385, also known as 12396 Schaefer Road, City of Schertz, Bexar County, Texas. First Reading (B.James/L.Wood/D.Marquez) 6.Ordinance 24-S-19- Conduct a public hearing and consider a request to rezone approximately 3 acres of land, from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), a portion of Bexar County Property Identification Number 308402, also known as 11627 Voges Pass, City of Schertz, Bexar County, Texas. First Reading (B.James/L.Wood/D.Marquez) Closed Session 7.The City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. Project:E-94 Reconvene into Regular Session 8.Take any action based on discussion held in Closed Session under Agenda Item #7. Information available in City Council Packets - NO DISCUSSION TO OCCUR 9.Monthly Update - Major Projects In Progress/CIP (B.James/K.Woodlee) 10.Neighborhood Services - Quarterly Update Requests and Announcements May 7, 2024 City Council Agenda Page 3 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 City and Community Events attended and to be attended (Council) 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 3RD DAY OF MAY 2024 AT 1:15 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 ___________________, 2024. 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 Member Audit Committee Investment Advisory Committee Main Street Committee Liaison Board of Adjustments Senior Center Advisory Board-Alternate Councilmember Davis– Place 1 Member Interview Committee Main Street Committee - Chair TIRZ II Board Liaison Parks & Recreation Advisory Board Schertz Housing Authority Board Transportation Safety Advisory Board May 7, 2024 City Council Agenda Page 4 Councilmember Watson-Place 2 Member Audit Committee Interview Committee-Alternate Liaison Library Advisory Board Senior Center Advisory Board Cibolo Valley Local Government Corporation-Ex-Officio Councilmember Macaluso – Place 3 Member Interview Committee Hal Baldwin Scholarship Committee-Alternate Liaison TIRZ II Board Animal Services Advisory Committee Councilmember Gibson – Place 4 Member Interview Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Liaison Schertz Historical Preservation Society Councilmember Westbrook – Place 5 Liaison Schertz-Seguin Local Government Corporation (SSLGC) Planning and Zoning Commission Schertz Historical Preservation Society Cibolo Valley Local Government Corporation (CVLGC)-Alternate Councilmember Heyward – Place 6 Member Animal Services Advisory Committee Audit Committee Interview Committee-Chair Investment Advisory Committee Main Street Committee Liaison Building and Standards Commission Economic Development Corporation - Alternate Senior Center Advisory Board Councilmember Brown – Place 7 Member Main Street Committee Schertz-Seguin Local Government Corporation (SSLGC) Liaison Economic Development Corporation May 7, 2024 City Council Agenda Page 5 Agenda No. CITY COUNCIL MEMORANDUM City Council Meeting:May 7, 2024 Department:City Secretary Subject:Proclamations National Police Week May12-18, 2024 and National Peace Officers Memorial Day May 15, 2024 (Councilmember Heyward) World Facilities Management Day May 8, 2024 (Councilmember Watson) Economic Development Week May 6-10, 2024 (Mayor Pro-Tem Macaluso) National Prevention Week (Substance Abuse) May 12-18, 2024 (Councilmember Gibson) International Firefighters Day May 4, 2024 (Councilmember Westbrook) Attachments 05-07-2024 Police Week 05-07-2024 Facilities Management Day 05-07-2024 Economic Development Week 05-07-2024 National Prevention Week 05-07-2024 International Firefighters Day National Police Memorial Day-May 15th, 2024 National Police Week-May 12th-18th, 2024 WHEREAS, the members of the City of Schertz Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Schertz and provide a vital public service; and WHEREAS, the City of Schertz Police Department consists of 68 Sworn Officers, 16 Professional Staff members, 4 Record Clerks, 16 Telecommunicators, 16 Crossing Guards, and 9 Animal Control Staff members; and WHEREAS, the City of Schertz Police Department responded to approximately 29,821 service calls last year; and WHEREAS, the City of Schertz Police Department hosts 15 Community Events throughout the year which include Breakfast with the Blue, Community Car Seat Check, Citizen’s Police Academy, Jr. Police Academy, Community Safety Presentations (Boy Scouts, Girl Scouts, Daycares, etc.); and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and NOW, THEREFORE, BE IT RESOLVED, that I, Ralph Gutierrez , Mayor of the City of Schertz, call upon all citizens of the City of Schertz to observe May 15, 2024, as National Peace Officers Memorial Day to honor those officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. I further call upon all citizens of Schertz and upon all patriotic, civic and educational organizations to observe the week of May 12-18, 2024 as National Police Week with appropriate ceremonies and observances in which all of our citizens may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the SEAL of the City of Schertz to be affixed this 7h day of May 2024. ______________________________ Ralph Gutierrez, Mayor World Facilities Management Day “Inspire, Integrate, Innovate” May 8, 2024 WHEREAS, World Facilities Management Day is May 8, 2024 and this year’s theme is “Inspire, Integrate, Innovate” and WHEREAS, Facility Management (FM) is a profession dedicated to ensuring the functionality, comfort, safety, sustainability, and efficiency of the buildings in which we all live and work; and WHEREAS, facility managers ensure that buildings and all components work properly, whether the space is a factory, office, hospital, shopping mall, airport, museum, or municipal government offices; and WHEREAS, facility managers perform and oversee a variety of essential functions, including cleaning, security, maintenance, grounds management, emergency response, disaster mitigation, project management, real estate management and sustainability planning ; and WHEREAS, FM is a crucial part of every organization because it ensures that the places, we use are safe, comfortable, and healthy; and WHEREAS, organizations such as the International FM Association (IFMA) serve the global Facility Management community through career development, learning, networking opportunities and leadership skills to empower facility managers to solve challenges today and in the future ; and WHEREAS, World FM Day recognizes the efforts of the Facilities Management profession anywhere that facility management professionals influence the health, safety, productivity, and well- being of people who utilize the built environment; and WHEREAS, we are grateful for the positive impact facility managers have on our infrastructure, the safety of our population and our economy; and WHEREAS, it is fitting and proper to recognize the efforts of organizations and individuals working to ensure a safer built environment, happy and healthy occupants, and a sustainable world; NOW, THEREFORE, BE IT RESOLVED that I, Ralph Gutierrez, Mayor of the City of Schertz, do hereby proclaim May 8, 2024, as World Facility Management Day and ask our citizens to appreciate the service and dedication our Facilities Department provides to the City of Schertz each day. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the SEAL of the City of Schertz to be affixed on this 7th day of May 2024. ___________________________ Ralph Gutierrez, Mayor ECONOMIC DEVELOPMENT WEEK May 6 - 10, 2024 WHEREAS, more than 100,000 economic development or related professionals worldwide are committed to creating, retaining, and expanding top-tier opportunities that facilitate long-term, equitable community growth; and WHEREAS, the Schertz Economic Development Corporation (SEDC) is committed to promoting sustainable economic growth, enhancing the quality of life for our residents, and attracting investment to our city; and WHEREAS, economic development professionals serve as stewards, bridging connections between community stakeholders such as residents, business leaders, elected officials, industry executives, and educational administrations, to collaborate in promoting job creation, community investment, infrastructure advancements, and an optimistic future; and WHEREAS, during Economic Development Week, we celebrate the importance of fostering an environment that supports entrepreneurship, innovation, and the growth of small businesses, which are the backbone of our local economy; and WHEREAS, the Schertz Economic Development Corporation has been a catalyst to significant commercial capital investment into the community over the past 26 years. NOW, THEREFORE, BE IT RESOLVED that I, Ralph Gutierrez, Mayor of the City of Schertz recognizes May 6 – 10, 2024 as ECONOMIC DEVELOPMENT WEEK and reminds individuals of the importance of this community celebration which supports expanding opportunities, bettering lives, and moving society forward. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the SEAL of the City of Schertz to be affixed on this 7th day of May 2024. ______________________________ Ralph Gutierrez, Mayor National Prevention Week “A Celebration of Possibility” May 12-18, 2024 WHEREAS, National Prevention Week, “A Celebration of Possibility”, is a public education campaign to promote the work of communities and organizations dedicated to raising awareness about the importance of substance use prevention and positive mental health; and WHEREAS, we, recognize the power of prevention, and the small, daily actions done by individuals, combined with the actions of families and communities come together to make up the larger, bold movement of prevention; and WHEREAS, the Guadalupe County Community Coalition works daily with the community and all their partners to promote the awareness of substance use prevention and positive mental health, implementing prevention strategies, and showcasing effectiveness of evidence-based prevention resources; and WHEREAS, substance use prevention and mental health promotion make a difference! We want to continue this conversation beyond National Prevention Week, and we encourage you to share your unique perspective on why prevention is important to you; and NOW, THEREFORE, BE IT RESOLVED, that I, Ralph Gutierrez, Mayor of the City of Schertz, hereby proclaims May 12-18, 2024 as National Prevention Week and urges residents to join the Guadalupe County Community Coalition in raising awareness about the importance of substance use prevention and positive mental health. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the SEAL of the City of Schertz to be affixed on this 7th day of May 2024. ____________________________ Ralph Gutierrez, Mayor “A Celebration of Possibility” May 12-18, 2024 International Firefighters' Day-May 4th, 2024 WHEREAS, Firefighters dedicate their lives to the protection of life and property; and sometimes that dedication is in the form of countless hours volunteered over many years, in others it is many selfless years working in the industry; in all cases it risks the ultimate sacrifice of a firefighter's life; and WHEREAS, International Firefighters' Day (IFFD) is a time where the community can recognize and honor the sacrifices that firefighters make to ensure that their communities and environment are as safe as possible; it is also a day in which current and past firefighters can be thanked for their contributions; and WHEREAS, International Firefighters' Day is observed each year on the 4th of May on where we remember the past firefighters who have died while serving our community or dedicated their lives to protecting the safety of us all; and show our support and appreciation to the firefighters worldwide who continue to protect us so well throughout the year; and WHEREAS, hailing from all walks of life, they are our mothers, fathers, brothers, sisters, aunts, uncles, grandparents, neighbors, and friends. They protect us without wanting recognition or reward. In our time of need they are there with courage, compassion, and loyalty. They are the essence of the true meaning of community. NOW, THEREFORE, BE IT RESOLVED that I, Ralph Gutierrez, Mayor, now call upon all citizens of the City of Schertz to observe May 4, 2024 as International Firefighters Day in recognition of the selfless and dedicated efforts of our fire and emergency services personnel. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the SEAL of the City of Schertz to be affixed on this 7th day of May 2024. ___________________________ Ralph Gutierrez, Mayor Agenda No. 1. CITY COUNCIL MEMORANDUM City Council Meeting:May 7, 2024 Department:City Secretary Subject:Minutes - Consideration and/or action regarding the approval of the regular meeting minutes of April 16, 2024. (S.Edmondson/S.Courney) Attachments Minutes 04-16-2024 D R A F T MINUTES REGULAR MEETING April 16, 2024 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 16, 2024, 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 Paul Macaluso; Councilmember Mark Davis; Councilmember Michelle Watson; Councilmember Tiffany Gibson; Councilmember Robert Westbrook; Councilmember Allison Heyward; Councilmember Tim Brown Staff present: City Manager Steve Williams; City Attorney Daniel Santee; Assistant City Manager Sarah Gonzalez; 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 Westbrook) Mayor Gutierrez recognized Councilmember Westbrook who provided the opening prayer and led the Pledges of Allegiance to the Flags of the United States and State of Texas. Special Announcements Hal Baldwin Scholarship Mayor Gutierrez instructed students in attendance for the Hal Baldwin Scholarship to sign in. Anyone with questions regarding the Hal Baldwin Scholarship should contact Assistant City Manager Sarah Gonzalez via email at sgonzalez@schertz.com or by phone at 210-619-1015. Proclamations Public Safety Telecommunicators Appreciation Week April 14-20, 2024 (Councilmember Watson) Councilmember Watson presented the Public Safetey Telecommunicators Appreciation Week April 14 - 20, 2024 Proclamation to Communications Manager Nichole Kuhlmann and members of the Dispatch Center Team. Ms. Kuhlmann recognized and thanked everyone on the team for their unwavering commitment. Work Zone Safety April 15-19, 2024 (Mayor Pro-Tem Macaluso) 1 Work Zone Safety April 15-19, 2024 (Mayor Pro-Tem Macaluso) Mayor Pro-Tem Macaluso presented the Work Zone Safety April 15 - 19, 2024 Proclamation with the theme 'Work Zones are Temporary, Actions behind the Wheel can Last Forever' to Public Works Director Larry Busch and members of the Public Works Team that are present in these work zones. Animal Care and Control Week-April 14-20, 2024 (Councilmember Heyward) Councilmember Heyward presented the Animal Care and Control Week April 14 - 20, 2024 Proclamation to Animal Services Manager Megan Legunas, Lt. Scott LaCour, and members of the Animal Services Team. Administrative Professionals Week April 21-27, 2024 (Councilmember Gibson) Mayor Gutierrez presented the Administrative Professionals Week April 21 - 27, 2024 Proclamation to the Administrative Professionals from across the City, thanking them for their service to the City. Small Business Week-April 28-May 4, 2024 (Councilmember Brown) Councilmember Brown presented the Small Business Week April 28 - May 4, 2024 Proclamation to Maggie Titterington, President of The Schertz-Cibolo-Selma Chamber of Commerce, representing Schertz small businesses. Building Safety Month-May 2024 (Councilmember Westbrook) Councilmember Westbrook presented the Building Safety Month May 2024 Proclamation to Chief Building Official Jim Bruce and members of the Inspections Team. Mr. Bruce stated that his team participated in the creation of some reels on building safety and tips for residents doing work at home that will be showcased via the City of Schertz Social Media. He added that members of the team would be at Lowe's on May 14th and 16th between 9:00 a.m. and 11:00 a.m. to meet with residents and answer any questions regarding building and permitting. Presentations Milestone Service Pin Presentation: Fire Department- Lt. Chris King (S.Williams) City Manager Steve Williams presented Fire Department Lt. Chris King, a pin in honor and gratitude for his 20 years of dedicated service to the City of Schertz. 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, April 20 Love Where You Live - Spring Outreach Service Day North Center, 3501 Morning Drive, Schertz 8:00 a.m. - 4:00 p.m. ---and--- 2 Ed-Zoo-cation in the Park Crescent Bend Nature Park 10:00 a.m. - 11:00 a.m. Sunday, April 28 Walk with a Naturalist Crescent Bend Nature Park 3:30 p.m. ---and--- Owl Prowl Crescent Bend Nature Park 8:30 p.m. - 9:30 p.m. Tuesday, May 7 Next Regular City Council Meeting Council Chambers 6:00 p.m. Announcements and recognitions by the City Manager (S. Williams) Mayor Gutierrez recognized City Manager Steve Williams, who provided the following employee promotions: Rashad Beecham promoted from Police Cadet to Police Officer. Jessica Wheless promoted from Library Assistant (PT) to Library Assistant (FT) Announcements and recognitions by the Mayor (R. Gutierrez) Mayor Gutierrez thanked City staff for their work with the Texas Air Show where Schertz Police Department, Fire Department, EMS, and Public Works provided support; and to City Staff that helped make Movin' on Main a successful event. 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 Macaluso recognized the following residents who spoke in opposition of voluntary annexation: Mark A. Penshorn, 8320 Trainer Hale Rd. Reagan Rawk, 7993 Trainer Hale Rd. Todd Hoffmann, 5751 FM 482 Marty Friesenhahn, 22900 Old Nacogdoches Mark Friesenhahn, 231 High Creek Rd. 3 Sharlene Fey, 6028 FM 482 Sharlene Fey (Proxy for Sandra Reeh), 5887 FM 482 Timothy Fey, 6028 FM 482 Ronald Schott, 1300 Engel Rd. Mayor Pro-Tem recognized Maggie Titterington, 1730 Schertz Parkway, who provided the following Chamber updates: Great luncheon on Tuesday, April 16: Nonprofit luncheon that had 192 business and representative attendees and 22 nonprofit organizations from around the area. HYPER group presented a check for $1,200 to the SCUCISD Education Foundation from donations they received during their recent "free" shred day. May 3 - Ribbon Cutting for Northern D'Lights Coffee, 1248 FM 78 #101, at 10:00 a.m. May luncheon - TxDOT will provide an update on projects impacting Schertz along I-35 and FM 1103 Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1.Minutes - Consideration and/or action regarding the approval of the regular meeting minutes of April 2, 2024. (S.Edmondson/S.Courney) 2.Ordinance 24-S-11 - Approving a request to rezone approximately 3.6 acres of land from Single-Family Residential District (R-1) to Neighborhood Services District (NS), known as Guadalupe County Property Identification Number 42797, more specifically described as 3517 FM 3009, City of Schertz, Guadalupe County, Texas. Final Reading (B.James/L.Wood/D.Marquez) 3.Ordinance 24-S-15 - Approving amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 5 - Zoning District and Article 9 - Site Design Standards. Final Reading .(B.James/L.Wood/E.Delgado) 4.Ordinance 24-S-16 - Approving amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 5 - Zoning District and Article 16 - Definitions. Final Reading (B.James/L.Wood/E.Delgado) 5.Ordinance 24-S-14 - Approving amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 1 - General Provisions, Article 4 - Procedures and Applications, and Article 14 - Transportation. Final Reading ( B.James/K.Woodlee/J.Nowak) 6.Resolution 24-R-44 - Authorizing a Schertz/Seguin Local Government Corporation 4 6.Resolution 24-R-44 - Authorizing a Schertz/Seguin Local Government Corporation (SSLGC) Midyear Budget Amendment for Fiscal Year 2023-24. (B. James/L. Busch) 7.Resolution 24-R-46 - Amendment of contract with AG|CM, Inc., for Owner's Representative Services related to the Woman Hollering Creek Wastewater Project. (B. James/K. Woodlee) 8.Resolution 24-R-45 - Authorizing the City Manager to issue a purchase order for the purchase of a replacement fire apparatus as part of the FY27 Vehicle/Equipment Replacement/Acquisition program. (S. Williams/G Rodgers) 9.Resolution 24-R-47 - Acceptance of a Water and Sewer Easement from Schertz Bank and Trust. (S.Williams/B.James) 10.Resolution No. 24-R-48 - Declare a public necessity for the acquisition of a certain water pipeline easement and temporary construction easement in connection with a future waterline. (S.Williams/B.James) Mayor Gutierrez asked Council if any items needed to be removed from Consent for further discussion. No items were removed. Mayor Gutierrez asked for a motion to approve Consent Agenda Items #1 - 10. Moved by Councilmember Allison Heyward, seconded by Councilmember Michelle Watson AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed Discussion and Action Items 11.Resolution 24-R-41 - Authorizing a resolution accepting a petition for voluntary annexation of approximately 507-acres, known as Comal County Property Identification Numbers 75449, 75463, 79012, 75462, 78923, 374148, 79018, 79017, 75468, 374146, 374145, 374144, 374147, 78218, 78957, 78960, 78976, 79001, 78945, 78946, 75480, 78247, 79009, 79006, 79004, and approximately 387- acres, known as Guadalupe County Property Identifications Numbers 63992, 61614, 68378, 68377, 68382, 68381, 68380, 68374, 61615, 68384, 68385, 68383, 61511, 61609 (B.James/L.Wood/E.Delgado). Mayor Gutierrez recognized Planning Manager Emily Delgado who provided the following background information. Annexation of land into the City's corporate limits may be voluntary or involuntary. 5 Annexation of land into the City's corporate limits may be voluntary or involuntary. The Texas Local Government Code (LGC) provides requirements and outlines the process for the annexation type. The proposed annexations are voluntary based on the Delayed Annexation Development Agreements that were originally entered into in 2010 and 2011 and extensions that were offered in 2020 and 2021. Thus, Chapter 43, Subchapter C-3 of the Texas Local Government Code applies. The agreements were based on Texas Local Government Code 43.035 (b)(1) and 212.172 in order to (i) guarantee the continuation of the extraterritorial status of the land for the term of the agreement and (ii) authorize the enforcement of all regulations and planning authority of the City that did not interfere with the use of the land for agriculture or wildlife management or as timber land. Per the agreements that were signed and executed, specifically Section 5. Term; Annexation at End of Term, stipulates that ten (10) years after the effective date of the agreement the property is to be annexed to the City of Schertz. In 2020 and 2021, Council authorized the City Manager and staff to offer extensions based on the nationwide and statewide declaration of public health emergency in relation to COVID-19. This also allowed staff time to complete the Comprehensive Land Use Plan update which would be utilized when zoning the annexed properties. The extensions provided the same rights as previously established in the original agreements but would delay the annexation of the properties until January 1, 2024, at which time the City would begin annexation proceedings and conclude them no later than December 31, 2024. With the approval of Ordinance 24-S-06, the Comprehensive Land Use Plan has been officially adopted and can be utilized for zoning cases moving forward. City staff has started the annexation and zoning process in accordance with the Development Agreement Extensions. Resolution 24-R-41 is the first step in the annexation process for these parcels. It authorizes acceptance of a petition for voluntary annexation of 25 properties, approximately 529 acres within Comal County and 14 properties, approximately 477 acres within Guadalupe County which are identified above. A letter was mailed to each property owner providing a tentative calendar for the annexation and zoning process with information on the history of the original agreements, the extensions, and what staff will be proposing for the zoning designation for the property, which is based on the newly adopted Comprehensive Land Use Plan designations. The adoption of Resolution 24-R-41 does not annex the subject properties but allows Council to annex the properties by Ordinance in the future. An ordinance for annexation must be approved by Council to annex the properties, which is tentatively scheduled for the June 4, 2024, City Council meeting. The zoning application to accompany the annexation is tentatively scheduled for the May 8, 2024, Planning and Zoning Commission meeting, Staff recommended approval of Resolution 24-S-41. Mayor Gutierrez opened the floor to Council for discussion. Councilmember Brown asked if there is an option to delay zoning after the annexation 6 if the Resolution is approved. Ms. Delgado deferred to City Attorney Dan Santee. Mr. Santee stated that the intention is for these properties to be zoned upon annexation. What they are zoned and ultimately if they are annexed will be decided at a future date. They will go through a parallel process in the Planning and Zoning Commission so that when they come forward to Council they will be annexed and then zoned consecutively on that agenda. Councilmember Brown asked if they had to annex within a certain period of time following approval of the resolution. Mr. Santee responded in the affirmative. The resolution starts the process with regard to scheduling the public hearings that are going to take place. Then, when the time comes to approve the annexation ordinance, it falls to the discretion of Council to decide whether the property is annexed. According to the communication, the process is to be completed by December. City Manager Steve Williams stated that the concern is the zoning and the ability to use their land as they are currently using it, and asked Ms. Delgado to explain how under the process of annexation the use doesn't necessarily change because it is zoned. Ms. Delgado replied that the proposed zoning identified in the letters that was sent to the property owners was based off the corresponding Comprehensive Land Use Plan designation. So, based off the future land use map that was recently adopted by Council, there's a zoning district that corresponds with that. That zoning district is what was identified to the property owners. If we are planning to zone the property single-family residential R2, and it's currently used for agricultural, that agricultural use from the permitted use table is not permitted, however, since they are currently using that property for agricultural purposes it would be considered non-conforming upon annexation, and they can continue to utilize the property as agricultural land with limitations as stated in UDC Artlcle 7, non-conforming use section. A change in utilization of the property would trigger the need for conformance with the new zoning designation established with the annexation. Zoning is in place to protect the property and adjacent properties and is based on what was adopted as part of the Comprehensive Land Use Plan. Councilmember Heyward asked what happens if the property is sold. Ms. Delgado stated that so long as the new owner continues to utilize the property for agricultural purposes, the City will allow it. If, however, the new owner wants to develop the property, they would be required to do so in accordance with the designated zoning district. Councilmember Heyward stated that in accordance with the agreement, the City is required to provide services immediately upon annexation. How will that work? Mr. Williams stated that some services will be provided immediately upon annexation and others might correspond to development in terms of sewer or water service. These services are driven by development. There is a provision for that service currently that the CCN holder will continue to provide. Not all of these areas are in the City's CCN. Some are in New Braunfels Utilities and some are in Green Valley SUD. It will be incumbent upon that provider to provide that service. We will have the ability to start extending services right away for things like road services. Councilmember Heyward wanted to ensure that the property owners would be able to continue to use their land 7 the way they had been utilizing it even after annexation. Mayor Gutierrez responded that that point had been clarified. Mr. Williams added that for the issue of taxation, if a property owner has an agricultural, timber, or wildlife exemption on file with their appraisal district, they will continue to carry that. It does not change with annexation. It will only change if you change the use of that portion of your property. Mayor Pro-Tem Macaluso asked if there were any penalties for being non-conformance. Ms. Delgado responded that there is not necessarily a penalty, but that there is a chapter in the Unified Development Code that the property owners would have to follow for example with regard to expansions. Mayor Pro-Tem Macaluso asked what issues would the property owners face if they wanted to expand their house if they are considered non-conforming. Mr. Santee responded that there wouldn't be an issue with the expansion of a house because they utilize the property as AG and a house is allowable for AG use, so that would not be considered an expansion if it's for living quarters. Mayor Pro-Tem Macaluso stated he was trying to look at it from the property owners' perspective and asked, were they expected to guess if they wanted to make some kind of changes what would cause an issue. Mr. Santee asked Ms. Delgado if she had a copy of the Chapter regarding non-conforming use, so she pulled up Article 7, Section 21.7.3, for Council to reference. She explained that anything necessary for the operation of the agricultural business would not be considered an expansion. She indicated that growing the herd, putting in a stock tank, building a barn, etc., would all be part of the operation of the business. Mr. Santee added that there are protections for agricultural uses in the current agricultural code as well, that State law is going to limit what you can do with local zoning regulations to limit agricultural uses, and they expanded that in the last legislative session. Mayor Gutierrez asked for a motion to approve Resolution 24-R-41. Moved by Councilmember Tim Brown, seconded by Councilmember Mark Davis AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed 12.Resolution 24-R-42 - Authorizing a resolution accepting a petition for voluntary annexation of approximately 2,200 -acres, known as Bexar County Property Identification Numbers 310064, 1141730, 339772, 339773, 339362, 339744, 1050203, 340030, 339348, 339359, 339341, 339353, 339778, 310012, 309842, 310125, 339293, 339295, 340059, 1178479, 339276, 310059, 309418, 309421, 339325, 339284, 309837, 1103093, 310111, 310040, 310004, 310225, 339274, 339275, 339328, 1013798, 310222, 310026, 1274920, 339286, 339285, 310019, 1139530, 1056967, 339331, 1178480, 309427, 309425, 310006, 1056966, 312023, 310002, 310048, 1311565, 310022, 312015, 312017, 310126, 339290, 339288, 339790, 339334, 339329, 1140481, 310007, 312008, 309429, 1190132, 310032, 310039, 310090, 310107, 1103091, 1207560, 1103092 (B.James/L.Wood/E.Delgado). 8 Mayor Gutierrez recognized Planning Manager Emily Delgado, who stated that the background information for Resolution 24-S-42 mimics Resolution 24-S-41. Resolution 24-S-42 addresses properties located in Bexar County, whereas Resolution 24-S-41 addressed annexation of properties in Guadalupe and Comal counties. This resolution begins the process of annexation of 75 properties, approximately 2,200 acres within Bexar County. Staff recommends approval of Resolution 24-S-42, accepting a petition for voluntary annexation for approximately 2,200 acres within Bexar County. Mayor Gutierrez opened the floor to Council for discussion. Councilmember Westbrook asked Ms. Delgado to address two concerns brought forth by property owners, (1) safety and security, asking if Schertz has enough police officers to cover their area and how quickly they can respond, and (2) taxes. City Manager Williams addressed both concerns beginning with the taxes, stating that for an appraised value of $1,054,000 property in Comal County after the AG exemption is applied, the taxable value is $3,770, which would have an impact of $18 per year in property taxes. As to the safety and security concerns, currently they are not in the city, so law enforcement does not respond or patrol that area. Part of the annexation process is to outline a service plan. Councilmember Westbrook asked if there was any concern that we would not be able to respond in a timely manner to an emergency. Mr. Williams stated that, in terms of services, Schertz currently provides EMS and Fire services to these areas based on an agreement with the county. The level of service is generally driven by demand. If one of these areas were to redevelop as a neighborhood, it would more likely than not increase the level of service provided. Councilmember Brown stated from previous questions and discussion, Council wants to ensure that property owners are able to continue to utilize their property in the same manner after annexation. Annexation provides the City with a way to control growth, if in the future the property owner or their heirs decide to sell or change the use of the property. As far as services, Mr. Williams made it clear that there would be an annexation services plan developed as part of the process. Councilmember Brown went on to say that the amount that homeowners currently pay for homeowner insurance would probably go down as services in the area increase. He reassured the property owners that Council wants to ensure they are able to continue to use their land in the same manner they've been using it, while at the same time ensuring there is a way to plan usage in the future if the land is sold or repurposed. Without planned usage, if a parcel were sold to a developer, that developer could put in anything whether it was appropriate for the area or not. Mayor Gutierrez concurred with Councilmember Brown, stating it is not only to protect the city but also to protect their neighbors from non-conforming development. Mayor Gutierrez asked for a motion to approve Resolution 24-R-42. 9 Moved by Councilmember Michelle Watson, seconded by Councilmember Tim Brown AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed 13.Mayor Gutierrez recessed Council at 7:45 p.m. for a short break. Mayor Gutierrez reconvened Council at 7:52 p.m. Ordinance 24-A-10 - Approving an ordinance on a petition for voluntary annexation of approximately 7-acres, a portion of Bexar County Property Identification Number 339286, also known as 8215 Trainer Hale Road, City of Schertz, Bexar County, Texas. Final Reading (B.James/L.Wood/D.Marquez) Mayor Gutierrez stated Ordinance 24-A-10 passed on the First Reading and asked if Council wanted to hear the presentation again. Council declined to hear the presentation again. Mayor Gutierrez asked for a motion to approve Ordinance 24-A-10. Moved by Councilmember Mark Davis, seconded by Councilmember Michelle Watson NAY: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Tim Brown Failed 14.Ordinance 24-S-09- Approving a request to rezone approximately 7.7 acres of land, a portion of Bexar County Property Identification Number 339286, to Single-Family Residential District (R-1), also known as 8215 Trainer Hale Road, City of Schertz, Bexar County, Texas. Final Reading (B.James/L.Wood/D.Marquez) Mayor Gutierrez stated Ordinance 24-S-09 passed on the First Reading and asked if Council wanted to hear the presentation again. Council declined to hear the presentation again. Mayor Gutierrez asked for a motion to approve Ordinance 24-S-09. Moved by Mayor Pro-Tem Paul Macaluso, seconded by Councilmember Michelle Watson AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis, 10 AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed 15.Resolution 24-R-40 - Authorizing a Pro-Rata Agreement, Cost Sharing Agreement and Roadway Impact Fee Credit Agreement for the Saddlebrook Development.(S.Williams/B.James) Mayor Gutierrez recognized City Engineer Kathy Woodlee who stated this resolution encompasses four agreements. Three are standard agreements with subdivision developments, (1) Reimbursement Agreement - which includes items the City needs but to get some economies of scale having the developer construct those improvements while building the subdivision and having the City reimburse for those small items; (2) Roadway Capital Recovery Offset Agreement - where the developer is constructing a portion commonly known as the 3009 extension, actually Red Bud Canyon in the Saddlebrook subdivision, which is on our master thoroughfare plan they get credit toward their roadway impact fee payments that would be made when the homes are built; and (3) Pro Rata Agreement - where the city will pay for the excess capacity that they're building in the lift station and force main amounts, so we have some control over which developments coming in will be able to use those EDUs or the capacity in the lift station. The fourth agreement is a Subdivision Improvement Agreement which was requested by the developer. The Subdivision Improvement Agreement will allow a developer to record their plat and sell properties on that plat prior to the infrastructure being completed and accepted by the City. A few years ago, the City received requests like this from residential and commercial developers. What has happened is a residential subdivider will create a preliminary plat, a final plat, put up security for the infrastructure, then record the final plat which allows them to sell the lots. They sell the individual lots, someone wants to put their home on the lot, but we aren't able to give the CofO because the developer has not completed construction of the infrastructure. This creates problems for new citizens moving into the city and for the City trying to keep after the developer to complete the infrastructure. So it's a big problem for residential subdivisions. Similarly, for commercial subdivisions, a developer will file a plat, basically flip the property, so they put up security for infrastructure, sell the property to a buyer who thinks they're getting a property that has the infrastructure to submit for a building permit and build something, only to find out the infrastructure may not have been completed. For commercial projects, commercial subdivisions who are ready to build their business that include some required infrastructure must file their plat to obtain a building permit. If the developer has gone to the expense, hired an architect and an engineer, and has plans for their building and public infrastructure, the City will allow them to post security, so they can put everything under one construction contract, so building can occur simultaneously. If the infrastructure isn't completed by the time 11 they need the CofO it's all within their own control. Ms. Woodlee stated that staff had come to Council previously for guidance on City policy regarding the handling of these agreements. Council did not grant general approval and advised staff to bring each agreement to them explicitly stating the risks associated with that agreement for their consideration. In this case, the Saddlebrook developer has requested a Subdivision Improvement Agreement for the purpose of authority to transfer lots from a land bank to a different division of their corporation, which in this case, is the builder. They have agreed to include in the agreement a restriction that allows the sale of those lots only a single time and only to the builder. The builder would not be able to sell the lots until the infrastructure is done and accepted. Staff is requesting authorization to move forward with all four of the agreements listed above, which includes the Subdivision Improvement Agreement with the Saddlebrook developer. Mayor Gutierrez opened the floor to Council for discussion. Councilmember Westbrook asked if the worst case example would be like what happened in Freeway Manor. Ms. Woodlee responded that Freeway Manor is a good example of a paper subdivision. The lots exist, they can be sold to anyone, and there is no infrastructure. So, the person who purchases the lot wouldn't be able to pull a permit to build a home without building the infrastructure. She added that this is the worst example of what can happen when the infrastructure is not complete prior to recordation of the plat, which is not necessarily a risk in this case. Mayor Gutierrez added that in this case, the builder cannot sell the lots without completing the infrastructure. Ms. Woodlee stated that is correct. City Manager Williams asked if it required a bond. Ms. Woodlee stated yes, and the infrastructure would also be bonded, so if the developer did not complete the construction, the City could call the bond and use the funds to complete the infrastructure. Councilmember Gibson asked how the city knew that this developer only has one builder they are selling to. Ms. Woodlee explained that the developer is selling it to themselves. They are two divisions of the same corporation. Councilmember Gibson asked if they could still sell to multiple builders. Mayor Gutierrez explained that in some subdivisions there are three builders. They buy a certain number of lots in a neighborhood and they build in that dedicated portion of land, but they cannot resell it. Mr. Williams added that the intention is to mitigate the risk of an individual buyer being left holding the bag like in a Freeway Manor type scenario. If its in a builder's hand it's more likely to be completed. 12 Councilmember Brown stated that it is common for a large development to have more than one builder. It adds variety different price points to the neighborhood. It ensures the success of the neighborhood in the long run. In today's world, developers are not taking 100 acres of land and cutting it up into 75 lots and selling it. Millions of dollars of infrastructure go into these developments before anything even starts. He stated he sees value in this agreement. Ms. Woodlee added that the developer in this case is Ashton San Antonio Residential LLC and the builder is Ashton Woods. The builder in this case is the developer, which is not common. Mayor Gutierrez asked for a motion to approve Resolution 24-R-40. The motion to authorize the Pro-Rata Agreement, Cost Sharing Agreement, Roadway Impact Fee Credit Agreement, and the Subdivision Improvement Agreement for the Saddlebrook Development was Moved by Councilmember Allison Heyward, seconded by Councilmember Michelle Watson AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed 16.Resolution 24-R-29 - Authorizing the City Manager to execute an agreement with Marksmen General Contractors for Construction Manager at Risk services related to the design and construction of Fire Station #4. (S.Williams/G.Rodgers) Mayor Gutierrez recognized Battalion Chief John Perry, Schertz Fire Department, who stated the goal of the Resolution is to authorize City Manager Steve Williams to execute an agreement for Construction Manager at Risk services with Marksmen Construction, for the design and construction of Fire Station #4. Benefits of this position are (1) mitigating the city's overall potential risks because the contract includes a guaranteed maximum price for the project which provides a predictable budget and helps to ensure the city receives a quality fire station in order to continue to provide superior service and response times to our residents and the visitors of our city; (2) help the city move forward and get closer to our ISO rating in our next evaluation. The City has an agreement with Icon Architects for the design of Fire Station #4, previously approved by Council, and the initial design efforts are currently underway. We are at the stage of the project where expected costs of the proposed project need to be determined by a qualified construction manager before the design can proceed further. Per Local Government Code 2269.254, the government entity shall select 13 offeror that submits the proposal that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The decision for the proposed Construction Manager At Risk was based on the outcome of the request for qualifications process by using the two-step selection process for Construction Manager At Risk. The first step was the return of four responses to the RFQ on January 4, 2024. Responses were evaluated and ranked based on their qualifications. Step 2, involved the top three firms submitting a cost proposal along with in-person interviews conducted by the selection committee on February 9, 2024. Using LGC 2269.254 as the basis for decision, best value and ranking evaluation, Marksmen General Contractors was identified as the top firm. Fiscal impact is estimated at $1,257,000, and the approval for these services come from within the bond approved for Fire Station #4. Mayor Gutierrez opened the floor to Council for discussion. Councilmember Westbrook asked who was on the selection committee and what separated #1 from #2 and #3 in terms of value. Purchasing Director Jessica Kurz responded that the selection committee comprised of 7 individuals, made up of city staff from the Fire Department, Engineering, and those involved in the planning process, in addition to, the owner's representative, and herself. In regards to what separated the selected firm from the other two, she stated they invited the top three ranked firms for on-site interviews, which gave them the opportunity to talk to their teams, their project planning teams, their construction management teams, regarding their experience with fire stations. She stated they did their due diligence and reached out to references for all three firms. Ultimately, Marksmen and the #2 firm were very well qualified and highly competitive, so ultimately they looked at price, with Marksmen coming in slightly below in cost. The 3rd ranked firm, was a much smaller firm with more limited resources and their experience with Fire House design wasn't exactly the product they were seeking for Fire Station #4. Councilmember Westbrook then asked if the firm was local. Ms. Kurz responded that they are local, out of San Antonio. Councilmember Westbrook asked if they had experience building Fire Stations. Ms. Kurz responded yes. The #2 firm had built Fire Station #3, and Marksmen had built several which the selection committee did visit. Mayor Gutierrez asked for a motion to approve Resolution 24-R-29. Moved by Councilmember Michelle Watson, seconded by Councilmember Allison Heyward AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed 14 Mayor Gutierrez recessed to Closed Session at 8:15 p.m. Closed Session 17.The City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. Project:E-86 Mayor Gutierrez convened Closed Session at 8:20 p.m. Mayor Gutierrez recessed Closed Session at 8:28 p.m. Mayor Gutierrez reconvened to Regular Session at 8:33 p.m. Reconvene into Regular Session 18.Take any action based on discussion held in Closed Session under Agenda Item #17. Mayor Gutierrez made the motion to approve Resolution 24-R-43, a Resolution by the City Council of the City of Schertz Texas authorizing an expenditure as reflected in an Economic Development Performance Agreement Between the City of Schertz Economic Development Corporation and Axiom Group, Inc and other matters in connection therewith; seconded by Councilmember Heyward. AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed Information available in City Council Packets - NO DISCUSSION TO OCCUR 19.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 No requests were made by Mayor or Councilmembers for updates or information from Staff. 15 Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda No requests were made by Mayor or Councilmembers that items or presentations be placed on a future City Council agenda. City and Community Events attended and to be attended (Council) Mayor Pro-Tem Macaluso attended Movin' on Main. Councilmember Davis attended Movin' on Main. Councilmember Watson attended Movin' on Main. Councilmember Gibson attended Movin' on Main, TML Leadership Academy, and The Chamber Luncheon. Councilmember Westbrook attended Movin' on Main. Councilmember Heyward attended Movin' on Main, the NEP Luncheon, The Chamber Luncheon, and the Ribbon Cutting for Travelin' Tom's. Councilmember Brown attended Movin' on Main and the NEP Luncheon. Adjournment Mayor Gutierrez adjourned the meeting at 8:36 p.m. _______________________________ Ralph Gutierrez, Mayor ATTEST: ____________________________________ Sheila Edmondson, City Secretary 16 Agenda No. 2. CITY COUNCIL MEMORANDUM City Council Meeting:May 7, 2024 Department:City Secretary Subject:Resolution 24-R-52 - Authorizing a Cost Sharing Agreement for the Saddlebrook Development.(S.Williams/B.James) BACKGROUND On April 6, 2024 Council approved a Pro-Rata Agreement, a Cost Sharing Agreement, a Roadway Impact Fee Credit Agreement and a subdivision improvement agreement for the Saddlebrook Development. It was subsequently determined that the cost to be reimbursed in the Cost Sharing agreement was actually $194,976.24 and not $109,769.36. Given the increase in reimbursement amount, staff is seeking approval of the cost sharing agreement. GOAL Provide for the orderly development of infrastructure within the City of Schertz. COMMUNITY BENEFIT Provide for development of infrastructure in a timely, cost-effective manner. SUMMARY OF RECOMMENDED ACTION Approval of Resolution 24-R-52 authorizing a cost sharing agreement with the Saddlebrook Development. FISCAL IMPACT The Reimbursement Agreement for improvements would be $194,976.24 from City fund balance. RECOMMENDATION Approval of Resolution 24-R-52. Attachments Resolution 24-R-52 w Attachment Agenda No. 4. CITY COUNCIL MEMORANDUM City Council Meeting:May 7, 2024 Department:Planning & Community Development Subject: Ordinance 24-H-07- Conduct a public hearing, consider and possible action on proposed updates to the Schertz Code of Ordinances, Chapter 34 - Health, Article IV Smoking in public places and Article VI - Illegal Smoking Materials. First Reading (B.James/L.Wood/A.Cantu). BACKGROUND City Council from time to time, on its own motion, or at the recommendation of City staff proposes to amend, change, or modify text in any portion of the Code of Ordinances. It is generally considered good practice to periodically review and update the ordinances. The Code of Ordinances, Chapter 34, Article IV Smoking In Public places was last updated in 2011 and recently reviewed to evaluate the change in smoking behaviors. Smoking has evolved since the last ordinance update with the use of electronic smoking devices, vaping devices and the continued use of tobacco smoking, which has prompted the proposed changes. Electronic cigarettes and vaping devices contain nicotine, toxic chemicals, and are associated with lung and cardiovascular diseases. Brief exposure to secondhand smoke can cause health risks so prohibiting smoking indoors in certain areas can improve air quality and reduce exposure to second-hand smoke. The proposed ordinance amendments add definitions to provide greater clarity. They also add prohibitions for the smoking of E-cigarettes and vaping where the smoking of cigarettes is prohibited. The addition of a signage requirement, as is currently required under State Law, for areas where smoking is prohibited will all City Staff to enforce this requirement. Staff is proposing to remove the prohibition on smoking within 25 feet of any public entrance or exit from an enclosed facility. It has been noted that many areas outside of buildings where people smoke are within 25’ of the door. Staff is recommending leaving it up to the owner/operator to determine how far from a door or entrance they want to prohibit smoking – if at all. Finally, the removal of Article VI-Illegal Smoking Materials in its entirety as state law addresses illegal smoking materials already enforced by licensed peace officers. Parks, Police, Planning, Library, City Managers Office and Legal were included in the review of the proposed ordinance changes. Any comments from departments were incorporated into the ordinance document attached. Additional recommendations from the American Heart Association have been included. The proposed revisions will bring the Code of Ordinances into alignment with State Law and consistent with surrounding municipalities. Article IV Sec 34-89 Definitions Adding language to match the State certificates and current name. Adding definition Bar, E-cigarette, Enclosed Area, Private club, Restaurant, Retail Tobacco Store, and Vaping Adding to Smoke or smoking meaning Sec 34-91 Smoking in public places generally prohibited, and other offenses Revision to subsection (1), (2), and (4) Removing subsection (5) Sec. 34-92 Revision to section. Sec. 34-92 moved to Sec. 34-94 Sec 34.93 Certain places exempt Addition to subsection (1) (3) and (4) Revision to subsection (b)(1). Removing subsection (5), (6), (7), and (8) Sec 34-94 Prohibition of smoking in places of employment Addition to subsections (1) and (2) Removal of subsections (3) and (4) Sec. 34-94 moved to Sec. 34-92 Sec 34-95 Disposition of filters Removal of Sec 34-95 Sec 34-96 Penalties Revision to penalties ARTICLE VI.-ILLEGAL SMOKING MATERIALS Removal of Article VI. GOAL To amend the code of ordinances to be consistent with State and Federal Law as well as with business practices and community goals in order to maintain sound, stable and desirable business practices. COMMUNITY BENEFIT It is the City’s desire to promote health and safety conditions for all establishments. SUMMARY OF RECOMMENDED ACTION The requirements in the municipal code are to promote the health and welfare of the city as a whole. The proposed updates to the ordinance will keep the city in line with State and Federal Laws as well as current smoking trends. For these reasons, the staff is recommending approval of the proposed amendments. RECOMMENDATION Approval of Ordinance 24-H-07 Attachments Ordinance 24 H 07 w attachments clean version of proposed ordinance redlined version of proposed ordinance Chapter 34 Article VI Removal City Council Presentation Slides ORDINANCE NO. 24-H-07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING SCHERTZ CODE OF ORDINANCES, CHAPTER 34 HEALTH, ARTICLE IV – SMOKING IN PUBLIC PLACES. WHEREAS, the City staff of the City of Schertz (the “City”) recommended that the City Council approve the amended Code of Ordinances, Chapter 34 Health, Article IV to address proposed updates to smoking ordinance. WHEREAS, the City staff has provided the amended Code of Ordinances, Chapter 34 attached hereto as Exhibit A. WHEREAS, on May 7, 2024, the City Council conducted a public hearing and after consideration of the amendments to Chapter 34 Health has determined that the proposed amendments are appropriate and in the interest of the public safety, health, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The current Code of Ordinances, Chapter 34 Health, Article IV is hereby amended as set out in Exhibit A attached hereto. Section 2. Article VI – Illegal Smoking Materials of Chapter 34 of the current Code of Ordinances is deleted in its entirety. 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 matter s 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. PASSED ON FIRST READING, the ____ day of ________ 2024. PASSED APPROVED and ADOPTED ON SECOND READING, the ____ day of _____________, 2024. CITY OF SCHERTZ, TEXAS _____________________________ Ralph Gutierrez, Mayor ATTEST: ________________________ Sheila Edmondson, City Secretary Exhibit “A” Code of Ordinances Chapter 34 Health Article IV- Smoking in Public Places Sec. 34-89. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Bar means any commercial establishment that derives 51 percent or more of its annual gross sales receipts from the sale of alcoholic beverages as defined by the Texas Alcoholic Beverage Code and has a valid on -premises consumption license issued by the Texas Alcoholic Beverage Commission. City facility means any building owned or operated by the City of Schertz. Electronic smoking device means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or a consumable liquid or other material aerosolized or vaporized during the use of an electronic cigarette or device. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e- hookah, or vape pen, or under any other product name or descriptor, and aerosol, liquid, or vapor used in such a device. Employee means any person who is employed by an employer in consideration for monetary compensation or profit. Employer means any person, partnership, corporation, association, or other entity that employs one or more persons. Enclosed Area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not it contains openings of any kind. Place of employment means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility Public place means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, bars, bingo facilities, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, recreational facilities, city facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. Recreational facilities means any public or private area open to the public for recreational purposes, including but not limited to, parks, swimming pools, athletic facilities, athletic fields, playgrounds, or other city owned or operated areas with athletic, play, recreational equipment, or trails. Restaurant means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term restaurant includes the bar area within a restaurant. Retail Tobacco Store/Electronic Vaping Store means a retail store used primarily for the sale of tobacco products, electronic smoking devices, and related accessories in which the sale of other non-tobacco products is incidental, and includes vape shops or other establishments that primarily sell electronic smoking devices. Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, including marijuana/cannabis, in any manner or in any form. Smoking includes the use of electronic smoking devices which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. Vaping means inhaling or exhaling vapors of electronic vaping liquid from an electronic vaping device. (Ord. No. 01-H-24, § 7½-80, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-90. Article not to excuse noncompliance with other measures. Nothing in this article excuses noncompliance with any state or federal law, provisions of this Code, or any other applicable ordinance of the city, or any rule or regulation adopted pursuant thereto, which prohibits smoking. (Ord. No. 01-H-24, § 7½-81, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-91. Prohibition of smoking in public places, and other offenses. A person commits an offense if he/she: (1) Knowingly smokes in an enclosed public place within the city, including but not limited to, the following places: (a) Recreational facility; (b) Lobbies, elevators, hallways, restrooms, reception areas, and other common areas; (c) Restaurants and bars, except for outdoor seating areas designated as smoking; (2) The owner or operator of a public place commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in a public place; or (Ord. No. 01-H-24, § 7½-82, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-92. Prohibition of smoking in places of employment. Each employer who operates a place of employment in the city shall: (1) Prohibit smoking in all enclosed areas within places of employment. This includes common work areas, auditoriums, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, reception areas, lobbies, restrooms and all other enclosed areas. (Ord. No. 01-H-24, § 7½-85, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-93. Certain places exempt. (a) Smoking may be permitted in the following areas and if smoking is permitted the provisions of section 34-91 shall not apply: (1) Retail Tobacco Store/Electronic Vaping Stores; provided, however, that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article; or (2) Private residences (unless used as a child care, adult day care, or health care facility); or (3) Hotel and motel rooms rented to guests and designated as a smoking room; or (4) Outdoor seating areas of restaurants, bars, or lounges if signs are posted at each entrance to such areas to inform potential patrons that the area allows smoking. (b) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any public place described in this section may declare that entire public place or any portion of the public place as a nonsmoking area. (Ord. No. 01-H-24, § 7½-84, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec.34-94. Signs required in public places and place of employment. (a) “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at every entrance in a public place and place of employment where smoking is prohibited by this ordinance, by the owner, operator, manager, or other person in control. (b) The operator of a public place or place of employment shall conspicuously post signs in areas where smoking is permitted under Sec. 34-93 (Ord. No. 01-H-24, § 7½-83, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-95. Penalties. Any person who violates any provision of this article shall be subject to a fine not exceeding two hundred dollars ($200.00) for the first offense and shall be fined an amount not more than five hundred dollars ($500) for each conviction after the first. (Ord. No. 01-H-24, § 7½-87, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-96. Inconsistent provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this article are hereby repealed to the extent of such conflict, and the provisions of this article shall be and remain controlling as to the matters ordained herein. (Ord. No. 01-H-24, § 3, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Secs. 34-97, 34-98, 34-99. Reserved. Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 1 of 3 Sec. 34-89. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Bar means any commercial establishment that derives 51 percent or more of its annual gross sales receipts from the sale of alcoholic beverages as defined by the Texas Alcoholic Beverage Code and has a valid on -premises consumption license issued by the Texas Alcoholic Beverage Commission. City facility means any building owned or operated by the City of Schertz. Electronic smoking device means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or a consumable liquid or other material aerosolized or vaporized during the use of an electronic cigarette or device. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e- hookah, or vape pen, or under any other product name or descriptor, and aerosol, liquid, or vapor used in such a device. Employee means any person who is employed by an employer in consideration for monetary compensation or profit. Employer means any person, partnership, corporation, association, or other entity that employs one or more persons. Enclosed Area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not it contains openings of any kind. Place of employment means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility Public place means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, bars, bingo facilities, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, recreational facilities, city facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. Recreational facilities means any public or private area open to the public for recreational purposes, including but not limited to, parks, swimming pools, athletic facilities, athletic fields, playgrounds, or other city owned or operated areas with athletic, play, recreational equipment, or trails. Restaurant means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term restaurant includes the bar area within a restaurant. Retail Tobacco Store/Electronic Vaping Store means a retail store used primarily for the sale of tobacco products, electronic smoking devices, and related accessories in which the sale of other non-tobacco products is incidental, and includes vape shops or other establishments that primarily sell electronic smoking devices. Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 2 of 3 synthetic, including marijuana/cannabis, in any manner or in any form. Smoking includes the use of electronic smoking devices which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. Vaping means inhaling or exhaling vapors of electronic vaping liquid from an electronic vaping device. (Ord. No. 01-H-24, § 7½-80, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-90. Article not to excuse noncompliance with other measures. Nothing in this article excuses noncompliance with any state or federal law, provisions of this Code, or any other applicable ordinance of the city, or any rule or regulation adopted pursuant thereto, which prohibits smoking. (Ord. No. 01-H-24, § 7½-81, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-91. Prohibition of smoking in public places, and other offenses. A person commits an offense if he/she: (1) Knowingly smokes in an enclosed public place within the city, including but not limited to, the following places: (a) Recreational facility; (b) Lobbies, elevators, hallways, restrooms, reception areas, and other common areas; (c) Restaurants and bars, except for outdoor seating areas designated as smoking; (2) The owner or operator of a public place commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in a public place; or (Ord. No. 01-H-24, § 7½-82, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-92. Prohibition of smoking in places of employment. Each employer who operates a place of employment in the city shall: (1) Prohibit smoking in all enclosed areas within places of employment. This includes common work areas, auditoriums, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, reception areas, lobbies, restrooms and all other enclosed areas. (Ord. No. 01-H-24, § 7½-85, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-93. Certain places exempt. (a) Smoking may be permitted in the following areas and if smoking is permitted the provisions of section 34-91 shall not apply: Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 3 of 3 (1) Retail Tobacco Store/Electronic Vaping Stores; provided, however, that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article; or (2) Private residences (unless used as a child care, adult day care, or health care facility); or (3) Hotel and motel rooms rented to guests and designated as a smoking room; or (4) Outdoor seating areas of restaurants, bars, or lounges if signs are posted at each entrance to such areas to inform potential patrons that the area allows smoking. (b) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any public place described in this section may declare that entire public place or any portion of the public place as a nonsmoking area. (Ord. No. 01-H-24, § 7½-84, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec.34-94. Signs required in public places and place of employment. (a) “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at every entrance in a public place and place of employment where smoking is prohibited by this ordinance, by the owner, operator, manager, or other person in control. (b) The operator of a public place or place of employment shall conspicuously post signs in areas where smoking is permitted under Sec. 34-93 (Ord. No. 01-H-24, § 7½-83, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-95. Penalties. Any person who violates any provision of this article shall be subject to a fine not exceeding two hundred dollars ($200.00) for the first offense and shall be fined an amount not more than five hundred dollars ($500) for each conviction after the first. (Ord. No. 01-H-24, § 7½-87, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-96. Inconsistent provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this article are hereby repealed to the extent of such conflict, and the provisions of this article shall be and remain controlling as to the matters ordained herein. (Ord. No. 01-H-24, § 3, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Secs. 34-97, 34-98, 34-99. Reserved. Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 1 of 5 Sec. 34-89. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Bar means any commercial establishment that derives 51 percent or more of its annual gross sales receipts from the sale of alcoholic beverages as defined by the Texas Alcoholic Beverage Code and has a valid on -premises consumption license issued by the Texas Alcoholic Beverage Commission. City facility means any building owned or operated by the City of Schertz. Dining area means any area in which meals or entrees are served but shall not include areas where the incidental service of hors d'oeuvres, snacks, pretzels, popcorn, or similar items are provided, or where food sales in the area are less than five percent of gross receipts. Electronic smoking device means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or a consumable liquid or other material aerosolized or vaporized during the use of an electronic cigarette or device. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e- hookah, or vape pen, or under any other product name or descriptor, and aerosol, liquid, or vapor used in such a device. Employee means any person who is employed by an employer in consideration for monetary compensation or profit. Employer means any person, partnership, corporation, association, or other entity that employs one or more persons. Enclosed Area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not it contains openings of any kind. HVAC system means a single heating, ventilating, and air conditioning system. Place of employment means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a place of employment unless it is used as a childcare, adult day care, or health care facility. any enclosed indoor area under the control of an employer to which employees have access during the course of employment, and includes but is not limited to stores, offices, professional, financial, and other commercial establishments; restaurants; enclosed shopping malls; public and private institutions of higher education; the common areas of health care facilities, and nursing and convalescent home. Public place means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, bars, bingo facilities, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, recreational facilities, city facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. The term "public place" also includes the area within 25 feet of the exterior of any public entrance or public exit from any city facility. If any "recreational facility" is fenced or otherwise enclosed, for purposes of the definition of "public place", su ch "recreational facility" shall include all areas within 25 feet outside of such fence or enclosure. If any "recreational facility" is not fenced or otherwise enclosed, for purposes of the definition of "public place", such "recreational facility" shall include all areas within 25 feet of each item of athletic, play, or recreational equipment. A private residence is not a "public place" unless if it is used as a childcare, adult day care, or health care facility. Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 2 of 5 Recreational facilities means any public or private area open to the public for recreational purposes, including but not limited to, city owned or operated parks, swimming pools, athletic facilities, athletic fields, playgrounds, or other city owned or operated areas with athletic, play, or recreational equipment, or trails. Restaurant means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public-school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term restaurant includes the bar area within a restaurant. Retail Tobacco Store/Electronic Vaping Store means a retail store used primarily for the sale of tobacco products, electronic smoking devices, and related accessories in which the sale of other non-tobacco products is incidental, and includes vape shops or other establishments that primarily sell electronic smoking devices . Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, including marijuana/cannabis, in any manner or in any form. Smoking includes the use of electronic smoking devices which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or device, or the lighting of, emitting, or exhaling the smoke of a pipe, cigar, or cigarette of any kind. Vaping means inhaling or exhaling vapors of electronic vaping liquid from an electronic vaping device. (Ord. No. 01-H-24, § 7½-80, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-90. Article not to excuse noncompliance with other measures. Nothing in this article excuses noncompliance with any state or federal law, provisions of this Code, or any other applicable ordinance of the city, or any rule or regulation adopted pursuant thereto, which prohibits smoking. (Ord. No. 01-H-24, § 7½-81, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-91. Prohibition of sSmoking in public places generally prohibited, and other offenses. A person commits an offense if he/she: (1) Knowingly smokes in an enclosed public place within the city, including but not limited to, the following places: and is not in an area designated as an employee smoking area or as a smoking area under this article; or (a) Recreational facility; (b) Lobbies, elevators, hallways, restrooms, reception areas, and other common areas; (c) Restaurants and bars, except for outdoor seating areas designated as smoking; (2) Is the owner, lessee, or other person in charge of a public place or restaurant and knowingly or intentionally permits, or fails to make a reasonable effort to prevent commission, by another, of the offense described within subsection (1) of this section; The owner or operator of a public place commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in a public; place or (3) Fails to have prominently displayed a no-smoking sign, a designated smoking area sign as required by this article; or Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 3 of 5 (4) Is an employer who operates a place of employment in the city and fails to adopt and implement a smoking policy which is consistent with the requirements of this article within three months of adoption of this article or upon opening for business, or fails to maintain thereafter a written smoking policy which is consistent with the requirements of this article; or (5) Is an employer who operates a place of employment in the city and fails to communicate a smoking policy which is consistent with the requirements of this article to all employees within three weeks of adoption of the policy or fails to post the smoking policy conspicuously in all workplaces under the employer's jurisdiction. (Ord. No. 01-H-24, § 7½-82, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-94 Sec. 34-92. Prohibition of smoking in places of employment. Each employer who operates a place of employment in the city shall, within three months of adoption of this article or upon opening for business, adopt, implement, and maintain a written smoking policy which is consistent with the requirements of this article. If smoking will be permitted, the policy shall contain, at a minimum, the following provisions and requirements: (1) The owner, lessee, or other person in charge of a public place may, but is not required to, designate on or more areas as smoking areas for the use of the employees as part of the smoking policy provided for in this section. A designated employee smoking area may include private enclosed offices. Designated employee smoking areas may be located in areas to which employees, but not the general public, except by invitation only, have access during the course of employment. A common employee work area shall not be designated as an employee smoking area unless every person who works in that area agrees in writing to the designation. In no event shall an employee restroom or an area containing food or drink dispensing facilities be designated as an employee smoking area. Prohibit smoking in all enclosed areas within places of employment. This includes common work areas, auditoriums, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, reception areas, lobbies, restrooms and all other enclosed areas. (2) If such employee smoking area is designated, each such smoking area shall: a. Be in an area set aside for the use of employees, but not accessible to members of the general public except by specific invitation of the employer or employee; b. Be ventilated to prevent the mixing of air from the designated employee smoking area to other areas or the public area; c. Be a physically enclosed area separated from nonsmoking areas; d. Be designated by appropriate signs which are clearly visible to employees and members of the public entering the area; and e. Contain ashtrays, containers, or other facilities for the extinguishment of smoking materials. (3) The smoking policy shall be communicated within three weeks of adoption of all employees and shall be posted conspicuously in all workplaces under the employer's jurisdiction. (4) The owner, lessee, or other person in charge of a public place that designates one or more areas as designated smoking areas for the public shall not require employees to work in a designated smoking area if the employee request to work in a nonsmoking area. (Ord. No. 01-H-24, § 7½-85, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011 ) Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 4 of 5 Sec. 34-93. Certain places exempt. (a) Smoking may be permitted in the following areas and if smoking is so permitted the provisions of section 34- 91 shall not apply: (1) Tobacco specialty retail shops Retail Tobacco Store/Electronic Vaping Stores; provided, however, that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article; or (2) Private residences (unless used as a child care, adult day care, or health care facility); or (3) Hotel and motel rooms rented to guests and designated as a smoking room; or (4) Enclosed meeting or assembly rooms in restaurants, hotels, motels, and other public places if the entire room is used for a private function; or (4) Outdoor seating areas of restaurants, bars, or lounges if signs are posted at each entrance to such areas to inform potential patrons that the area allows smoking. (5) Businesses licensed to sell alcoholic beverages on premises or nonprofit commercial facilities, provided in either case that food sales do not constitute more than 25 percent of such business's or organization's gross receipts; or (6) Any facility other than a restaurant otherwise described as a public place which has installed a separate HVAC system and air filtering equipment for a designated smoking area encompassing not more than 25 percent of the total seating area; or (7) A special separate dining area of any restaurant with an area serving as a dining area in compliance with this Article, if the separate dining area is enclosed on all sides and has a separate HVAC system or if it is enclosed on three sides, has a separate HVAC system, and is removed by 15 feet from any area in which smoking is not allowed and has air filtrating equipment installed by April 1, 2002; the smoking section shall be situated so the ventilation minimizes the effect of smoke in nonsmoking areas and so that air from the smoking area is not drawn across a nonsmoking area; or (8)Outdoor seating areas of restaurants if an area encompassing at least 25 percent of the seating is reserved for nonsmoking. (b) (1) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any public place described in this section may declare that entire public place or any portion of the public place as a nonsmoking area. The owner, operator, manager, or other person who controls the public place shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than within designated smoking areas, is prohibited. (2) A person commits an offense if he knowingly smokes in any public place or portion thereof declared a nonsmoking area in accordance with subsection (b)(1) of this section. (Ord. No. 01-H-24, § 7½-84, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011 ) Sec. 34-92 Sec.34-94. Signs required in public places and place of employment. (a) “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 5 of 5 posted at every entrance in a public place and place of employment where smoking is prohibited by this ordinance, by the owner, operator, manager, or other person in control. (b) The operator of a public place or place of employment shall conspicuously post signs in areas where smoking is permitted under Sec. 34-93 The owner, lessee, or other person in charge of a public place shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than within designated smoking areas, is prohibited. The owner, lessee, or other person in charge of a public place shall post a sign, or signs, in each area designated as smoking. (Ord. No. 01-H-24, § 7½-83, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011 ) Sec. 34-95. Disposition of filters. All filter used in HVAC systems and other air filtration devices under this article shall be disposed of in compliance with requirements established by the Texas Commission on Environmental Quality. (Ord. No. 01-H-24, § 7½-86, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011 ) Sec. 34-965. Penalties. Any person who violates any provision of this article shall be subject to a fine not exceeding two hundred dollars ($200.00) for the first offense and shall be fined an amount not more than five hundred dollars ($500) for each conviction after the first. each offense. (Ord. No. 01-H-24, § 7½-87, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011 ) Sec. 34-976. Inconsistent provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this article are hereby repealed to the extent of such conflict, and the provisions of this article shall be and remain controlling as to the matters ordained herein. (Ord. No. 01-H-24, § 3, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011 ) Secs. 34-97, 34-98, 34-99. Reserved. PART II - CODE OF ORDINANCES Chapter 34 - HEALTH ARTICLE VI. ILLEGAL SMOKING MATERIALS Schertz, Texas, Code of Ordinances Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 1 of 3 ARTICLE VI. ILLEGAL SMOKING MATERIALS Sec. 34-110. Definitions. For the purpose of this article, the following words and phrases shall have the following meanings. Person shall mean an individual, a group of two or more individuals, proprietorship, corporation, partnership, association, wholesaler, retailer, or any licensed or unlicensed business. Illegal smoking material shall mean any plant or other substance, natural or synthetic, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following substances or chemicals: (1) Salvia divinorum or salvinorin A—all parts of the plant currently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts; (2) 2[(1R,3S)-3-hydroxycyclohexy1]-5-(2-methyloctain-2-y1)phenol (also known as CP47, 497) and homologues; (3) (6aS, 10aS)-9-(hydroxymethy1)-6, 6-dimethy1-3-(2-methyloctain-2-y1)-6a, 7, 10, 10a- tetrahydrobenzo[c]chromen-1-ol (also known as HU-211 or Dexanabinol); (4) 1-penty1-3-(1-naphthoy1) indole (also known as JWH-018); (5) 1-buty1-3(1-naphthoy1) indole (also known as JWH-073; or (6) 1-penty1-3-(4-methoxynaphthoy1) indole (also known as JWH-081). Products containing some or all of the above substances are potentially marketed under, but not limited to the following chemical names: "K-2," "K-2 Summit," "K-2 Sex," "Genie," "Dascents," "Zohai," "Sage," "Spice," "Sence," "Smoke," "Skunk," "KO nock-out 2," "Spice Gold," "Spice Diamond," "Yucatan Fire," "Solar Flare," "Pep Spice," "Fire N' Ice," "Blaze," "Red X Dawn," "Salvia Divinorum" and "Salvnoria A". Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether they are marketed under alternative names. Illegal smoking material paraphernalia shall mean any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials and may include, but is not limited to the following: (1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (2) A water pipe; (3) A carburetion tube or device; (4) A smoking or carburetion mask; (5) A chamber pipe; Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 2 of 3 (6) A carburetor pipe; (7) An electric pipe; (8) An air-driven pipe; (9) A chillum; (10) A bong; or (11) An ice pipe or chiller. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-111. Purpose. The purpose of this article is to prohibit the manufacture, purchase, sale, offer for sale, delivery, or gift of illegal smoking materials as defined herein within the corporate limits of the City of Schertz, and to prohibit the possession or use of illegal smoking materials and illegal smoking material paraphernalia within the corporate limits of the City of Schertz. Any form of delivery, including without limitation a simple gift, constitutes a violation of this article by all parties involved. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-112. Manufacture, display, purchase, sell, deliver, offer, barter, or give. It shall be unlawful for any person to manufacture, purchase, sell, offer for sale, barter, publicly display, deliver, or to give any illegal smoking material to any person within the corporate limits of the City of Schertz. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-113. Possession or use of illegal smoking materials. It shall be unlawful for any person to have in his or her possession, or to use, inject, ingest, inhale, or otherwise introduce into the human body, illegal smoking materials within the corporate limits of the City of Schertz. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-114. Possession or use of illegal smoking material paraphernalia. It shall be unlawful for any person to have in his or her possession any illegal smoking material paraphernalia with the intent to use it, to ingest, inhale or otherwise consume or introduce into the human body illegal smoking material. It is a violation of this section if a person is found in possession of illegal smoking material paraphernalia and appropriate forensic testing is done by the city or at its request on the paraphernalia showing traces of illegal smoking material present on the paraphernalia. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-115. Affirmative defenses to prosecution. It shall be an affirmative defense to prosecution for a violation of this article: Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 3 of 3 (a) If the use of the illegal smoking material is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the State of Texas. (b) If an individual charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or spiritual leader recognized by the State of Texas. (c) If the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-116. Penalties. (a) Any person, firm or corporation violating a provision of this article shall be guilty of a Class C misdemeanor and shall, upon conviction, be subject to a fine of not less than $100.00, nor more than $2,000.00. (b) In addition to the fine, the City of Schertz shall be entitled to restitution for expenses incurred by it in connection with the testing of substances related to the fine. The restitution under this subsection (b) and fine under (a) above together shall not exceed $2,000.00. (c) A violation constitutes a separate offense for each regulated item involved. (d) A violation constitutes a separate offense for each day a violation continues. (e) The penal provisions imposed under this article shall not preclude the City of Schertz from filing a civil suit to enjoin the violation of this article. The city retains all legal rights and remedies available to it pursuant to local, state and federal law. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Secs. 34-117—34-120. Reserved. CHAPTER 34 ARTICLE IV PROPOSED UPDATE SMOKING IN PUBLIC PLACES AMANDA CANTU 1 SANITARIAN EVOLUTION OF SMOKING DEVICES 2 Expand Penalties Addition to subsections 34-89, 34-93, 34-94, 34-96 CURRENT LANGUAGE TO MATCH STATE LAW 3 Electronic smoking device, Minor, Retail Tobacco Store, and Vaping Update language/terminology/definitions to match State rules throughout chapter 34 article IV Revisions to subsections 34-91, 34-94, 34-95, and 34-96 Removal of Sec. 34-95 Disposition of filters Removal of ARTICLE.- ILLEGAL SMOKING MATERIALS COMMENTS & QUESTIONS 4 healthinspector@schertz.com CONTACT US E -mail Address Phone Number (210) 619-1650 Mailing Address 1400 Schertz Pkwy, Bldg. 1 Schertz, TX. 78154 5 Agenda No. 5. CITY COUNCIL MEMORANDUM City Council Meeting:May 7, 2024 Department:Planning & Community Development Subject: Ordinance 24-S-18 - Conduct a public hearing and consider a request to rezone approximately 1.8 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), known as Bexar County Property Identification Number 308385, also known as 12396 Schaefer Road, City of Schertz, Bexar County, Texas. First Reading (B.James/L.Wood/D.Marquez) BACKGROUND The applicant is requesting to rezone approximately 1.8 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A). The subject property is currently a single-family home. On March 20, 2024, ten (10) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the staff report, seven (7) responses in favor, zero (0) responses neutral, and zero (o) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on April 10, 2024. Additionally, one (1) sign was placed on the property. The Planning and Zoning Commission held a public hearing for this item on April 3, 2024. GOAL The proposed zone change is for approximately 1.8 acres of land to Single-Family Residential/ Agricultural District (R-A). The applicant wished to rezone their property to be able to pull future permits for their home. 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 To the north of the property, there are single-family homes within the City of Schertz Extraterritorial Jurisdiction (ETJ). To the east and south, the property is Pre-Development District (PRE) and is used for agriculture and is undeveloped. To the west of the property is Right-of-Way, also known as Schaefer Road. When evaluating zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below. 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 proposed Single-Family Residential / Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan.The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of the Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering the appropriateness of housing density, factors such as roadway classification and conflicts among land uses should be considered. The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designation as per its statement of purpose and intent from UDC Section 21.5.5. The intention of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. The surrounding properties include single-family homes and some agricultural uses that are within the City of Schertz Extraterritorial Jurisdiction (ETJ), with some still maintaining Pre-Development District (PRE) since their annexation. 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. The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7.A of the Unified Development Code, are compatible with what is in the surrounding area. Table 21.5.7.A Dimensional Requirements Residential Zoning Districts Minimum Lot Size Dimensions Minimum Yard Setback (Ft) Miscellaneous Lot Requirements Code Zoning District Area Sq.Ft Width Ft. Depth Ft. Front Ft. Side Ft. Rear Ft. Minimum Off-Street Parking Spaces Max Height Ft. Max Impervious Coverage R-A Single-Family Residential/ Agricultural 21, 780 --25 25-25 2 35 50% 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; Yes, the permitted uses in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential/ Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long is practical and reasonable, with minimum half-acre lots, and where development may be premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5. 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 utlities to the area; The entry point for the subject property is on Schaefer Road. Schaefer Road is a Secondary The entry point for the subject property is on Schaefer Road. Schaefer Road is a Secondary Arterial with a 90-foot Right-of-Way. To the south of the subject property, Raf Burnette is a Planned Secondary Arterial with a 90-foot Right-of-Way and is also known as the planned East & West Connector. The subject property is currently serviced by the City of Schertz for water. The property currently has an on-site septic system. A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation. The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning requests or their ability to provide services. 5. Whether there have been environmental and/or economical changes which warrant the requested change; When the property was annexed, the property was established as Pre-Development District (PRE). The intent of the Pre-Development District (PRE) is to be a temporary designation for existing uses or newly annexed properties. The applicant would like to pull building permits for their home and since Pre-Development District (PRE) is simply a placeholder, a zone change is required. 6. Whether there is an error in the original zoning of the property for which a change is requested;There was no error in the original zoning of the property. The property has been Pre-Development District (PRE) since it was annexed into the City of Schertz in 2011 with Ordinance 11-A-22. Pre-Development District (PRE) is a placeholder and this property along with others in this area and around southern Schertz were given Pre-Development District (PRE) instead of zoning each individual property. 7. Whether all of 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, This does not impact the first reading at City 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. Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council. RECOMMENDATION The proposed zone change to Single-Family Residential/Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan and is appropriate within the immediate area of the subject property, thus Staff recommends approval of Ordinance 24-S-18. The Planning and Zoning Commission met on April 3, 2024, and made a recommendation of approval with a 6-0 vote. Attachments Ordinance 24-S-18 with attachments Aerial Exhibit Public Hearing Notice Map Public Hearing Responses Zoning Exhibit SCUCISD 10 Year Campus Forecasting SCUCISD Demographic Report 200' Notification Protest Map City Council Presentation Slides ORDINANCE NO. 24-S-18 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1.8 ACRES OF LAND FROM PRE-DEVELOPMENT DISTRICT (PRE) TO SINGLE-FAMILY RESIDENTIAL/ AGRICULTURAL DISTRICT (R-A), KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 308385, MORE SPECIFICALLY KNOWN AS 12396 SCHAEFER ROAD, SCHERTZ, BEXAR COUNTY, TEXAS. WHEREAS, an application to rezone approximately 1.8 acres of land from Pre- Development District (PRE) to Single-Family Residential/ Agricultural (R-A), known as Bexar County Property Identification Number 308385, more specifically described as 12396 Schaefer 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 chang e (the “Criteria”); and WHEREAS, on April 3, 2024, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council of approval; and WHEREAS, on May 7, 2024, 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/ Agricultural District (R-A) 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 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 ___________2024. PASSED, APPROVED and ADOPTED ON SECOND READING, the _____ of __________, 2024. 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 FORECASTING CONSIDERATIONS • • • • • • 13,540 14,056 14,586 15,081 15,465 15,615 15,768 15,972 15,673 15,890 15,521 15,146 14,864 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024-P # O F S T U D E N T S DISTRICT ENROLLMENT HISTORICAL ENROLLMENT 1.0% growth per year (153 students per year) 1.3% loss per year (-195 students per year) 3.4% growth per year (481 students per year) HISTORICAL ENROLLMENT BY CAMPUS LEVEL 5,261 5,446 5,512 5,716 5,783 5,811 5,899 5,547 5,596 5,406 5,110 4,895 2,125 2,211 2,326 2,253 2,252 2,344 2,445 2,375 2,345 2,200 2,176 2,226 2,210 2,211 2,341 2,421 2,453 2,403 2,363 2,467 2,605 2,536 2,442 2,324 4,460 4,718 4,902 5,075 5,127 5,210 5,265 5,284 5,344 5,379 5,418 5,419 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024-P # O F S T U D E N T S CAMPUS LEVEL ENROLLMENT Elementary Intermediate Junior High High School ENROLLMENT HISTORY BY LEVEL –OCTOBER • • • • • • • STUDENT TRANSFERS PEIMS YEAR TRANSFER IN TRANSFER OUT DIFFERENCE 2012 216 681 -465 2013 212 704 -492 2014 244 647 -403 2015 302 702 -400 2016 297 907 -610 2017 290 1061 -771 2018 304 1079 -775 2019 296 1283 -987 2020 300 1591 -1291 2021 317 1981 -1664 2022 308 2695 -2387 2023 Data available in March First Year of Founders Charter School First Year of School of Science and Technology First Year of Legacy Traditional School STUDENT TRANSFERS IN VS. OUT 216 212 244 302 297 290 304 296 300 317 308 681 704 647 702 907 1,061 1,079 1,283 1,591 1,981 2,695 0 500 1,000 1,500 2,000 2,500 3,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 # O F S T U D E N T S STUDENT TRANSFERS IN vs OUT TRANSFER IN TRANSFER OUT School of Science and Technology Pre-K –8th Grade Legacy Traditional Pre-K –8th Grade Founders Academy K –12th Grade MAIN DESTINATIONS FOR TRANSFERS OUT 444 472 551 529 504 272 328 356 365 414 34 43 119 159 192 16 24 71 285 367 52 106 229 0 463 0 100 200 300 400 500 600 2018 2019 2020 2021 2022 2023 # O F S T U D E N T S TRANSFER DESTINATIONS Randolph ISD Founders Academy Great Hearts School of Science and Technology Judson ISD Legacy Traditional SO, HOW MANY STUDENTS WILL WE HAVE IN THE FUTURE? 14,056 15,081 15,615 15,972 15,890 15,146 14,661 14,217 14,007 14,036 14,162 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 # O F S T U D E N T S DISTRICT HISTORICAL ENROLLMENT AND PROJECTIONS ENROLLMENT PROJECTIONS o o o o PEIMS YEAR PROJECTED ENROLLMENT GROWTH (DECLINE) PERCENTAGE CHANGE 2023 15,146 -375 -2.42% 2024-P 14,864 -282 -1.86% 2025-P 14,661 -203 -1.37% 2026-P 14,451 -210 -1.43% 2027-P 14,217 -234 -1. 62% 2028-P 14,073 -144 -1.01% 2029-P 14,007 -66 -0.47% 2030-P 14,017 10 0.07% 2031-P 14,036 19 0.14% 2032-P 14,059 22 0.16% 2033-P 14,162 103 0.73% PEIMS YEAR PROJECTED ENROLLMENT GROWTH (DECLINE) PERCENTAGE CHANGE 2023 15,146 -375 -2.44% 2024-P 14,864 -282 -1.86% 2025-P 14,661 -203 -1.37% 2026-P 14,451 -210 -1.43% 2027-P 14,217 -234 -1. 62% 2028-P 14,073 -144 -1.01% 2029-P 14,007 -66 -0.47% 2030-P 14,017 10 0.07% 2031-P 14,036 19 0.14% 2032-P 14,059 22 0.16% 2033-P 14,162 103 0.73% ENROLLMENT PROJECTIONS o o o WHY HAS IT BECOME SO HARD TO PROJECT ENROLLMENT? o o o o o o FORECASTING CONSIDERATIONS • • • • •CAMPUS CAPACITY UNDERSTANDING CAMPUS CAPACITY o o o o o o o o o PLANNING USING OUR MAXIMUM CAPACITY o CAPACITY RELIEF TOOLS o o o o o o o o o ELEMENTARY CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 CIBOLO VALLEY EL 891 1,200 761 657 611 587 589 594 594 608 617 620 627 637 % Max Capacity 63%55%51%49%49%49%49%51%51%52%52%53% GREEN VALLEY EL 673 924 586 533 497 482 469 497 506 524 535 537 535 529 % Max Capacity 63%58%54%52%51%54%55%57%58%58%58%57% NORMA PASCHAL EL 673 924 603 625 591 582 564 544 546 559 569 574 580 585 % Max Capacity 65%68%64%63%61%59%59%60%62%62%63%63% ROSE GARDEN EL 891 1,200 899 896 882 878 891 923 957 999 1,046 1,075 1,104 1,131 % Max Capacity 75%75%74%73%74%77%80%83%87%90%92%94% SCHERTZ EL 675 1,102 671 668 628 605 601 576 581 588 591 586 582 582 % Max Capacity 61%61%57%55%55%52%53%53%54%53%53%53% SIPPEL EL 675 1,058 742 672 679 690 721 756 782 827 867 904 961 1,030 % Max Capacity 70%64%64%65%68%71%74%78%82%85%91%97% WATTS EL 673 924 593 513 469 440 428 423 428 446 457 463 476 490 % Max Capacity 64%56%51%48%46%46%46%48%49%50%52%53% WIEDERSTEIN EL 675 1,058 551 546 538 544 527 517 529 549 568 574 587 602 % Max Capacity 52%52%51%51%50%49%50%52%54%54%55%57% ELEMENTARY TOTALS 5,826 8,390 5,406 5,110 4,895 4,808 4,790 4,830 4,922 5,099 5,250 5,335 5,453 5,587 % Max Capacity 64%61%58%57%57%58%59%61%63%64%65%67% Elementary Percent Change -3.40%-5.48%-4.21%-1.78%-0.37%0.83%1.91%3.59%2.96%1.63%2.20%2.46% Elementary Absolute Change -190 -296 -215 -87 -18 40 92 177 151 85 117 134 ELEMENTARY CAPACITIES 90% 92%94% 91% 97% 67% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY CIBOLO VALLEY EL GREEN VALLEY EL NORMA PASCHAL EL ROSE GARDEN EL SCHERTZ EL SIPPEL EL WATTS EL WIEDERSTEIN EL ELEMENTARY TOTALS INTERMEDIATE CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 JORDAN INT 810 1,000 716 769 796 763 777 742 676 646 641 695 734 739 % Max Capacity 72%77%80%76%78%74%68%65%64%70%73%74% SCHLATHER INT 810 1,200 750 682 700 689 640 573 563 594 597 651 682 677 % Max Capacity 63%57%58%57%53%48%47%50%50%54%57%56% WILDER INT 810 1,250 734 725 730 743 748 739 683 627 616 654 681 685 % Max Capacity 59%58%58%59%60%59%55%50%49%52%54%55% INTERMEDIATE TOTALS 3,450 2,201 2,176 2,226 2,195 2,165 2,054 1,922 1,867 1,854 2,000 2,097 2,101 % Max Capacity 64%63%65%64%63%60%56%54%54%58%61%61% Intermediate Percent Change -6.13%-1.09%2.30%-1.39%-1.37%-5.13%-6.43%-2.86%-0.70%7.87%4.85%0.19% Intermediate Absolute Change -144 -24 50 -31 -30 -111 -132 -55 -13 146 97 4 INTERMEDIATE CAPACITIES 74% 61% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY JORDAN INT SCHLATHER INT WILDER INT INTERMEDIATE TOTALS JUNIOR HIGH CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 DOBIE JH 1,300 1,540 1,348 1,316 1,229 1,194 1,228 1,196 1,152 1,058 1,009 1,025 1,025 1,109 % Max Capacity 88%85%80%78%80%78%75%69%66%67%67%72% CORBETT JH 1,080 1,500 1,188 1,126 1,095 1,096 1,103 1,111 1,114 1,083 1,001 936 924 989 % Max Capacity 79%75%73%73%74%74%74%72%67%62%62%66% JUNIOR HIGH SCHOOL TOTALS 3,040 2,537 2,442 2,324 2,290 2,331 2,307 2,266 2,141 2,010 1,961 1,949 2,098 % Max Capacity 83%80%76%75%77%76%75%70%66%65%64%69% Junior High School Percent Change -2.62%-3.71%-4.83%-1.46%1.79%-1.03%-1.78%-5.52%-6.12%-2.44%-0.61%7.64% Junior High School Absolute Change -68 -94 -118 -34 41 -24 -41 -125 -131 -49 -12 149 JUNIOR HIGH CAPACITIES 72% 66% 69% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY DOBIE JH CORBETT JH JUNIOR HIGH SCHOOL TOTALS HIGH SCHOOL CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 CLEMENS HS 2,700 3,300 2,544 2,563 2,576 2,550 2,469 2,419 2,397 2,400 2,418 2,383 2,292 2,183 % Max Capacity 77%78%78%77%75%73%73%73%73%72%69%66% STEELE HS 2,160 3,200 2,716 2,700 2,688 2,663 2,541 2,452 2,411 2,345 2,330 2,202 2,113 2,038 % Max Capacity 85%84%84%83%79%77%75%73%73%69%66%64% HIGH SCHOOL TOTALS 6,650 5,381 5,418 5,419 5,368 5,165 5,026 4,963 4,900 4,903 4,740 4,560 4,376 % Max Capacity 81%81%81%81%78%76%75%74%74%71%69%66% High School Percent Change 0.69%0.71%0.02%-0.94%-3.78%-2.69%-1.25%-1.27%0.06%-3.32%-3.80%-4.04% High School Absolute Change 37 38 1 -52 -204 -137 -64 -63 3 -163 -180 -183 HIGH SCHOOL CAPACITIES 66% 64% 66% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY CLEMENS HS STEELE HS HIGH SCHOOL TOTALS FORECASTING CONSIDERATIONS • • • • • •BONDING CAPACITY PROJECTING BONDING CAPACITY -SCUC o PROJECTING TAX REVENUE o ASSUMES NO REFINANCING FOR BOND SAVINGS o DEFEASING PRINCIPAL o MODEST PROPERTY VALUE GROWTH o 4.0% ANNUAL INCREASE FOR 2024-2028 o 2.0% ANNUAL INCREASE FOR 2029-2033 o AS DEBT IS RESTRUCTURED AND PROPERTY VALUES INCREASE, WE BEGIN TO HAVE SOME BONDING CAPACITY o CAPACITY FOR ADDITIONAL DEBT IS LOWER AT FIRST, MORE IN LATER YEARS o FORECASTING USING THREE OPTIONS FOR I&S TAX RATE o $0.47 PER $100 OF VALUATION (C URRENT), $0.48 PER $100 VALUATION, AND $0.49 PER $100 VALUATION PROJECTED AVAILABLE BOND DOLLARS $215 $246 $278 $312 $347 $362 $380 $399 $419 $438 $284 $316 $351 $388 $426 $442 $463 $483 $505 $526 $- $50 $100 $150 $200 $250 $300 $350 $400 $450 $500 $550 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BO N D C A P A C I T Y I N M I L L I O N S SCUC Bond Capacity by Year & Rate Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ PROJECTING FACILITY COSTS -SCUC o o o o o o o o o o o PROJECTING FACILITY COSTS -SCUC YEAR High School Junior High Elementary/ Intermediate 2024 $ 235,000,000 $ 113,000,000 $ 72,000,000 2025-P $ 242,050,000 $ 116,390,000 $ 74,160,000 2026-P $ 246,891,000 $ 118,717,800 $ 75,643,200 2027-P $ 251,828,820 $ 121,092,156 $ 77,156,064 2028-P $ 256,865,396 $ 123,513,999 $ 78,699,185 2029-P $ 262,002,704 $ 125,984,279 $ 80,273,169 2030-P $ 267,242,758 $ 128,503,965 $ 81,878,632 2031-P $ 272,587,614 $ 131,074,044 $ 83,516,205 2032-P $ 278,039,366 $ 133,695,525 $ 85,186,529 2033-P $ 283,600,153 $ 136,369,435 $ 86,890,260 2034-P $ 289,272,156 $ 139,096,824 $ 88,628,065 PROJECTED BOND CAPACITIES VS. CONSTRUCTION COSTS $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BONDING CAPACITY VS CONSTRUCTION COSTS JUNIOR HIGH Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ PROJECTED BOND CAPACITIES VS. CONSTRUCTION COSTS $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BONDING CAPACITY VS CONSTRUCTION COSTS JUNIOR HIGH Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ Estimated $41 M in HVAC needs over the next 10 years Estimated $9 M in Ancillary Systems needs over the next 10 years Estimated $40 M in Building and Site needs over the next 10 years TAKE AWAYS…. o o o o o o o o o QUESTIONS/COMMENTS 3Q23 Demographic Report 3.3 3.4 3.5 3.7 3.4 3.3 3.5 3.6 3.8 3.6 3 3.2 3.4 3.6 3.8 4 Guadalupe Co. Comal Co. San Antonio MSA Texas US Unemployment Rate, Year Over Year Oct-23 Oct-22 3 Local Economic Conditions 3 12.6 3.6 3.5 3.8 0 2 4 6 8 10 12 14 Unemployment Rate, Sept 2019 –Oct 2023 San Antonio MSA Texas © 2022 Zonda 13,557 19,033 0 2,500 5,000 7,500 10,000 12,500 15,000 17,500 20,000 22,500 25,000 2013Q3 2014Q3 2015Q3 2016Q3 2017Q3 2018Q3 2019Q3 2020Q3 2021Q3 2022Q3 2023Q3 Annual Housing Starts vs. Annual Closings Annual Housing Starts Annual Closings San Antonio New Home Starts & Closings Key Trends Starts: -40% YOY / -1% QOQ Closings: +10% YOY / -1% QOQ Closings Exceed Starts by 5,500 Homes 5 Housing Market Trends: Multi-family Market-Oct. 2023 6 San Antonio New Home Ranking Report ISD Ranked by Annual Closings –3Q23 * Based on additional housing research by Zonda Education Rank District Name Annual Starts Annual Closings Inventory VDL Future 1 NORTHSIDE ISD 2,762 4,009 2,287 7,237 24,003 2 COMAL ISD 1,960 2,971 1,982 4,390 22,269 3 EAST CENTRAL ISD 1,469 2,282 1,036 4,414 26,268 4 MEDINA VALLEY ISD 1,859 2,139 1,351 4,375 25,751 5 JUDSON ISD 783 1,322 583 774 1,228 6 SOUTHWEST ISD 890 1,106 673 2,704 9,156 7 SCHERTZ-CIBOLO-U CITY ISD 593 1,060 550 1,819 6,914 8 NEW BRAUNFELS ISD 510 762 406 1,203 6,767 9 NAVARRO ISD 636 692 458 1,457 4,461 10 BOERNE ISD 569 623 534 1,263 10,547 11 SEGUIN ISD 327 471 253 681 5,280 12 NORTH EAST ISD 368 463 223 701 5,711 13 SOUTHSIDE ISD 419 460 327 1,082 10,948 14 SAN ANTONIO ISD 94 240 166 347 794 15 SOUTH SAN ANTONIO ISD 129 219 137 250 539 16 LYTLE ISD 51 73 35 157 1,306 17 HARLANDALE ISD 5 41 0 14 43 18 ALAMO HEIGHTS ISD 27 33 58 20 19 19 EDGEWOOD ISD 0 28 0 0 42 20 MARION ISD 62 24 62 283 4,388 0 200 400 600 800 1,000 1,200 1,400 2017 2018 2019 2020 2021 2022 2023 Annual Starts Annual Closings 7 District New Home Starts and Closings by Quarter Starts 2017 2018 2019 2020 2021 2022 2023 Closings 2017 2018 2019 2020 2021 2022 2023 1Q 196 175 201 237 294 349 103 1Q 194 133 138 165 190 181 280 2Q 168 180 176 197 300 393 186 2Q 172 185 211 249 258 227 247 3Q 167 177 207 261 265 174 241 3Q 179 185 240 286 268 218 199 4Q 172 185 198 232 319 63 4Q 148 161 179 213 196 334 Total 703 717 782 927 1,178 979 530 Total 693 664 768 913 912 960 726 8 District Housing Overview by Elementary Zone Highest activity in the category Second highest activity in the category Third highest activity in the category Elementary Annual Starts Quarter Starts Annual Closings Quarter Closings Under Const.Inventory Vacant Dev. Lots Future CIBOLO VALLEY 73 22 58 23 39 77 168 430 GREEN VALLEY 0 0 0 0 0 0 0 0 PASCHAL 1 0 3 1 0 1 45 242 ROSE GARDEN 146 44 307 41 94 147 590 3,017 SCHERTZ 32 6 103 12 15 24 0 60 SIPPEL 80 42 130 33 46 90 639 1,743 WATTS 61 26 152 25 24 68 76 580 WIEDERSTEIN 200 101 307 64 96 143 301 842 Grand Total 593 241 1,060 199 314 550 1,819 6,914 District Housing Overview •The district has 24 actively building subdivisions •Within SCUCISD there are 8 future subdivisions •Of these, groundwork is underway on 1,068 lots within 8 subdivisions 9 District Multi-Family Overview 10 •The district has over 550 multi-family units under construction across the district •Within SCUCISD there are over 2,100 future multi-family units in the planning stages Multi-Family Developments MF Under construction Future Multi-Family Residential Activity 11 Cibolo Ridge •348 total future lots •Groundwork underway for Unit 1 (145 lots) •Anticipate homebuilding begin late 2023 –early 2024 •Lennar Legendary Trails •361 total lots •141 future lots •60 vacant developed lots •13 homes under construction •124 occupied homes •Closed 44 homes in last 12 months •Groundwork underway on remaining lots •$330K+ •Current Student Yield = 0.605 Residential Activity 12 Saddlebrook Ranch •636 total future lots •Groundwork underway for 177 lots in Units 1, 2 & 4 •Anticipate homebuilding begin early 2024 •Ashton Woods Multi-Family Yield 13 •Within SCUCISD there are currently 287 students residing in 1,920 multi-family units •The district average multi-family yield is 0.149 < 0.25 0.25 –0.50 0.50 –0.75 > 0.75 14 Student Yield by Housing Type Single Family Yield 0.469 Multi-Family Yield 0.149 0.489 0.469 0.132 0.149 0 0.1 0.2 0.3 0.4 0.5 0.6 2022/23 2023/24 SCUCISD Student Yeild by Housing Type Single Family Yield Mutli-Family Yeild Student Density 15 SCUCISD currently has 308 residing out of district This represents roughly 2% of total SCUCISD students 6,124 students, or roughly 40.4% of the district population resides within Schertz city limits 6,372 students, or roughly 42% of the district population resides in Cibolo city limits 687 students, or roughly 4.5% of the district population resided in Universal City city limits 1,665 students roughly 11.1% reside in the unincorporated area of the district 16 Yellow box = largest grade per year Green box = second largest grade per year Ten Year Forecast by Grade Level Year (Oct.)EE/PK K 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th Total Total Growth % Growth 2019/20 413 1,048 1,036 1,093 1,125 1,184 1,211 1,234 1,183 1,180 1,419 1,340 1,282 1,224 15,972 154 1.0% 2020/21 325 951 1,019 1,040 1,077 1,135 1,143 1,232 1,248 1,219 1,293 1,394 1,305 1,292 15,673 -299 -1.9% 2021/22 455 935 997 1,019 1,074 1,116 1,124 1,221 1,287 1,318 1,428 1,347 1,305 1,264 15,890 217 1.4% 2022/23 436 819 962 998 1,077 1,114 1,067 1,133 1,230 1,306 1,478 1,371 1,247 1,283 15,521 -369 -2.3% 2023/24 430 788 838 967 997 1,090 1,079 1,097 1,178 1,264 1,435 1,459 1,238 1,286 15,146 -375 -2.4% 2024/25 384 747 849 866 1,006 1,043 1,108 1,118 1,126 1,198 1,413 1,427 1,354 1,225 14,864 -282 -1.9% 2025/26 406 789 795 870 896 1,052 1,061 1,134 1,145 1,145 1,328 1,387 1,321 1,332 14,661 -203 -1.4% 2026/27 443 861 840 816 897 933 1,072 1,093 1,167 1,164 1,269 1,316 1,274 1,306 14,451 -210 -1.4% 2027/28 438 850 918 851 841 932 950 1,104 1,120 1,187 1,294 1,256 1,218 1,258 14,217 -234 -1.6% 2028/29 446 866 907 945 879 879 947 975 1,128 1,138 1,318 1,278 1,161 1,206 14,073 -144 -1.0% 2029/30 456 886 919 941 978 919 893 974 994 1,147 1,265 1,304 1,180 1,151 14,007 -66 -0.5% 2030/31 465 904 940 951 970 1,020 935 919 1,000 1,010 1,277 1,251 1,205 1,170 14,017 10 0.1% 2031/32 477 931 960 973 982 1,012 1,038 962 944 1,017 1,128 1,263 1,156 1,193 14,036 19 0.1% 2032/33 489 954 984 995 1,006 1,025 1,029 1,068 989 960 1,130 1,117 1,167 1,146 14,059 22 0.2% 2033/34 500 976 1,011 1,021 1,028 1,051 1,042 1,059 1,099 999 1,066 1,120 1,034 1,156 14,162 103 0.7% 17 Ten Year Forecast by Elementary Campus Fall ENROLLMENT PROJECTIONS Campus Functional Capacity Max Capacity 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 2032/33 2033/34 CIBOLO VALLEY EL 891 1,200 657 611 587 589 594 594 608 617 620 627 637 GREEN VALLEY EL 673 924 533 497 482 469 497 506 524 535 537 535 529 NORMA PASCHAL EL 673 924 625 591 582 564 544 546 559 569 574 580 585 ROSE GARDEN EL 891 1,200 896 882 878 891 923 957 999 1,046 1,075 1,104 1,131 SCHERTZ EL 675 1,102 668 628 605 601 576 581 588 591 586 582 582 SIPPEL EL 675 1,058 672 679 690 721 756 782 827 867 904 961 1,030 WATTS EL 673 924 513 469 440 428 423 428 446 457 463 476 490 WIEDERSTEIN EL 675 1,058 546 538 544 527 517 529 549 568 574 587 602 ELEMENTARY TOTALS 5,110 4,895 4,808 4,790 4,830 4,922 5,099 5,250 5,335 5,453 5,587 Elementary Percent Change -5.48%-4.21%-1.78%-0.37%0.83%1.91%3.59%2.96%1.63%2.20%2.46% Elementary Absolute Change -296 -215 -87 -18 40 92 177 151 85 117 134 JORDAN INT 810 1,000 769 796 763 777 742 676 646 641 695 734 739 SCHLATHER INT 810 1,200 682 700 689 640 573 563 594 597 651 682 677 WILDER INT 810 1,250 725 730 743 748 739 683 627 616 654 681 685 INTERMEDIATE TOTALS 2,176 2,226 2,195 2,165 2,054 1,922 1,867 1,854 2,000 2,097 2,101 Intermediate Percent Change -1.09%2.30%-1.39%-1.37%-5.13%-6.43%-2.86%-0.70%7.87%4.85%0.19% Intermediate Absolute Change -24 50 -31 -30 -111 -132 -55 -13 146 97 4 18 Ten Year Forecast by Secondary Campus Fall ENROLLMENT PROJECTIONS Campus Functional Capacity Max Capacity 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 2032/33 2033/34 DOBIE JH 1,300 1,540 1,316 1,229 1,194 1,228 1,196 1,152 1,058 1,009 1,025 1,025 1,109 CORBETT JH 1,080 1,500 1,126 1,095 1,096 1,103 1,111 1,114 1,083 1,001 936 924 989 JUNIOR HIGH SCHOOL TOTALS 2,442 2,324 2,290 2,331 2,307 2,266 2,141 2,010 1,961 1,949 2,098 Junior High School Percent Change -3.71%-4.83%-1.46%1.79%-1.03%-1.78%-5.52%-6.12%-2.44%-0.61%7.64% Junior High School Absolute Change -94 -118 -34 41 -24 -41 -125 -131 -49 -12 149 CLEMENS HS 2,700 3,300 2,563 2,576 2,550 2,469 2,419 2,397 2,400 2,418 2,383 2,292 2,183 STEELE HS 2,160 3,200 2,700 2,688 2,663 2,541 2,452 2,411 2,345 2,330 2,202 2,113 2,038 ALSELC 155 155 155 155 155 155 155 155 155 155 155 HIGH SCHOOL TOTALS 5,418 5,419 5,368 5,165 5,026 4,963 4,900 4,903 4,740 4,560 4,376 High School Percent Change 0.73%0.02%-0.94%-3.78%-2.69%-1.25%-1.27%0.06%-3.32%-3.80%-4.04% High School Absolute Change 39 1 -51 -203 -139 -63 -63 3 -163 -180 -184 DISTRICT TOTALS 15,146 14,864 14,661 14,451 14,217 14,073 14,007 14,017 14,036 14,059 14,162 District Percent Change -2.42%-1.86%-1.37%-1.43%-1.62%-1.01%-0.47%0.07%0.14%0.16%0.73% District Absolute Change -375 -282 -203 -210 -234 -144 -66 10 19 22 103 19 Key Takeaways Enrollment in Schertz Cibolo ISD decreased by -2.4% since 2022/23 Enrollment declines related to Charter expansions and lower Kindergarten enrollments 3rd quarter new home starts bounce back to 241 starts highest in the past year The district has 24 actively building subdivisions with more than 1,800 lots available to build on SCUCISD has 8 future subdivisions with over 6,900 lots in the planning stages Groundwork is underway on more than 1,000 lots across the district Larger graduating classes verses smaller Kindergarten classes leading to decrease in overall enrollment District enrollment near 14,000 students in 2028/29 school year 15,146 14,073 14,162 13,000 13,500 14,000 14,500 15,000 15,500 16,000 16,500 Enrollment Projections C i t y o f S c h e r t z City of S c h e r t z City of S c h e r t z City of S c h e r t z City of S c h e r t z S c h e r t z E T J (3 0 9 7 8 3 ) 1 2 4 1 0 S C H A E F E R R D (3 0 9 7 8 4 ) 1 2 4 2 0 S C H A E F E R R D (3 0 9 7 8 5 ) 1 2 4 4 0 S C H A E F E R R D (30938 7 ) 12391S C H A E F E R R D (30938 8 ) 12395S C H A E F E R R D (30938 9 ) 12399S C H A E F E R R D (30938 6 ) 12387S C H A E F E R R D (3 0 9 3 8 4 ) 1 2 3 7 9 S C H A E F E R R D (3 0 9 3 8 5 ) 1 2 3 8 3 S C H A E F E R R D (1403519)SCHAEFER RD S C H A E F E R R D A U T H O R I T Y L N T E X A S V A L L E Y M O O N L I G H T M E A D O W S D R M A R T I N E Z P A S S F L O R E S L U N A R D RAF BU R N E T T E Project Area 0 100 200 300 40050Feet ² 11 April 2024 @ 4:38 pm Protested Parcel Acerage (%) Opposed Not Opposed (100.00%) (0.00%) Ordinance 24-S-18 Zone Change from Pre-Development to Single-Family Residential/ Agricultural District (R-A) Schaefer Rd (1.8 acres) Daisy Marquez| Planner 12396 Schaefer Road Existing Single-Family Home Existing Zoning: Pre-Development (PRE) Proposed Zoning: Single-Family Residential/ Agricultural (R-A) 3 4 Existing ZoningLand Use NorthExtraterritorial Jurisdiction (ETJ) City of Schertz Single Family SouthPre-Development District (PRE)Undeveloped EastPre-Development (PRE)Undeveloped WestRight-of-Way Schaefer Road •March 20, 2024 a total of 10 Public Hearing Notices were sent out. •Responses Received: 0 – Opposition, 7-In Favor 0-Neutral •1 sign was posted on the property. •April 3, 2024 Planning and Zoning Commission held a public hearing. •Posted in the “San Antonio Express” on April 10, 2024. 5 Proposed Zone Change •UDC Section 21.5.4 states that a Zone Change is required to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable, and desirable development. •The proposed zone change to Single-Family Residential/ Agricultural District (R-A) per the letter of intent, is for the applicant to pull future building permits. 6 UDC SECTION 21.5.4.D Criteria for Approval 1.Whether the proposed zone 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 proposed Single-Family Residential/ Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan. •The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering the appropriateness of housing density, factors such as roadway classification and conflicts among land uses should be considered. •The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designations as per its statement of purpose and intent from UDC Section 21.5.5. The intent of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. The surrounding properties include single family homes and some agricultural uses that are within the City of Schertz Extraterritorial Jurisdiction (ETJ), with some still maintaining Pre-Development District (PRE) since their annexation. 7 UDC SECTION 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 general welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. •The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7A of the Unified Development Code, are compatible with what is in the surrounding area. 8 UDC SECTION 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; •Yes, the permitted uses in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential/ Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long is practical and reasonable, with minimum half-acre lots, and where development may be premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5. 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; •The entry point for the subject property is on Schaefer Road. Schaefer Road is a Secondary Arterial with a 90 -foot Right-of-Way. To the south of the subject property, Raf Burnette is a Planned Secondary Arterial with a 90-foot Right-of-Way and is also known as the planned East & West Connector. The subject property is currently serviced by the City of Schertz for water. •A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation. •The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezo ning requests or their ability to provide services. 9 UDC SECTION 21.5.4.D Criteria for Approval 5. Whether there have been environmental and/or economical changes which warrant the requested change; •When the property was annexed, the property was established as Pre-Development District (PRE).The intent of the Pre-Development District (PRE) is to be a temporary designation for existing uses or newly annexed properties. The applicant would like to pull building permits for their home and since Pre-Development District (PRE) is simply a placeholder, a zone change is required. •6. Whether there is an error in the original zoning of the property for which the change is requested; •There was no error in the original zoning of the property. The property has been Pre -Development District (PRE) since it was annexed into the City of Schertz in 2011 with Ordinance 11-A-22. Pre-Development District (PRE) is a placeholder and this property along with others in t his area and around southern Schertz were given Pre-Development District (PRE) instead of zoning each individual property. 7. Whether all of the applicant’s back taxes owed to the City have been paid in full; •This does not impact the first reading at City Council. 10 UDC SECTION 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. •Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council. 11 Recommendation Staff Recommendation The proposed zone change to Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan and is appropriate within the immediate area of the subject property, thus Staff recommends approval of PLZC20240040. Planning and Zoning Commission The Planning and Zoning Commission met on April 4, 2024 and made a recommendation of approval with a 6-0 vote. 12 COMMENTS AND QUESTIONS 13 Agenda No. 6. CITY COUNCIL MEMORANDUM City Council Meeting:May 7, 2024 Department:Planning & Community Development Subject: Ordinance 24-S-19- Conduct a public hearing and consider a request to rezone approximately 3 acres of land, from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), a portion of Bexar County Property Identification Number 308402, also known as 11627 Voges Pass, City of Schertz, Bexar County, Texas. First Reading (B.James/L.Wood/D.Marquez) BACKGROUND The applicant is requesting to rezone approximately 3 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A). The subject property is currently a single-family home with agriculture. On March 20, 2024, seven (7) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the staff report, zero (0) responses in favor, zero (1) response neutral, and zero (0) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on April 10, 2024. Additionally, one (1) sign was placed on the property. The Planning and Zoning Commission held a public hearing for this item on April 3, 2024. GOAL The proposed zone change is for approximately 3 acres of land to Single-Family Residential/ Agricultural District (R-A). Per the letter of intent submitted with the application, the property owner desires to remodel their existing home. 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 To the north of the property, the property is zoned Pre-Development District (PRE) and is used as a single-family home and agricultural. To the east of the property is Voges Pass. To the west, the property is zoned Manufacturing District-Heavy (M-2) and is currently used for industrial uses. To the south, the property is within the Schertz Extraterritorial Jurisdiction (ETJ) and is used for a single-family home and agriculture. When evaluating zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below. 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 proposed Single-Family Residential / Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan. The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of the Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering appropriateness of housing density factors such as roadway classification and conflicts among land uses should be considered. The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designation as per its statement of purpose and intent from UDC Section 21.5.5. The intent of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. The surrounding properties are Pre-Development District (PRE) and the subject property is at the edge of the City of Schertz Extraterritorial Jurisdiction (ETJ). 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. The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7 of the Unified Development Code, are compatible with what is in the surrounding area. Table 21.5.7.A Dimensional Requirements Residential Zoning Districts Minimum Lot Size Dimensions Minimum Yard Setback (Ft)Miscellaneous Lot Requirements Code Zoning District Area Sq. Ft. Width Ft. Depth Ft. Front Ft. Side Ft. Rear Ft. Minimum Off-Street Parking Spaces Max Height Ft. Max Impervious Coverage R-A Single-Family Residential/ Agricultural 21,780 --25 25 25 2 35 50% 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; Yes, the uses permitted in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential / Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long as is practical and reasonable with residences a minimum of half-acre in size, and where development is premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5. A majority of the surrounding properties are zoned Pre-Development District (PRE) and are used for single family residential and agriculture. Additionally, the southern property line of the subject property is adjacent to the City of Schertz Extraterritorial Jurisdiction. is adjacent to the City of Schertz Extraterritorial Jurisdiction. 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; The existing access point for the property is off of the existing Voges Pass. Voges Pass is a private road and is not maintained by the City of Schertz. The subject property currently uses an on-site septic system and is serviced by the City of Schertz for water. A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation.The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning requests or their ability to provide services. 5. Whether there have been environmental and/or economical changes which warrant the requested change; The applicant would like to renovate the existing home and the Pre-Development District (PRE) is a placeholder and requires a zone change for construction, building permits, etc. 6. Whether there is an error in the original zoning of the property for which a change is requested; There was no error in the original zoning of the property. The subject property was annexed into the City of Schertz in 1974 with Ordinance 74-A-24. Pre-Development District (PRE) is a placeholder and this property along with others in the area and around southern Schertz were given Pre-Development District (PRE) instead of zoning each individual property. 7. Whether all of 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, This does not impact the first reading at City 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. Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council. RECOMMENDATION The proposed zone change to Single-Family Residential/Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan and is appropriate within the immediate area of the subject property. Thus, Staff recommends approval of Ordinance 24-S-19. The Planning and Zoning Commission met on April 3, 2024, and made a recommendation of approval with a 6-0 vote. Attachments Ordinance 24-S-19 with attachments Aerial Exhibit Public Hearing Notice Map Zoning Exhibit SCUCISD 10 Year Campus Forecasting SCUCISD Demographic Report 200' Notification Protest Map City Council Presentation Slides ORDINANCE NO. 24-S-19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 3 ACRES OF LAND FROM PRE-DEVELOPMENT DISTRICT (PRE) TO SINGLE-FAMILY RESIDENTIAL/ AGRICULTURAL DISTRICT (R-A), KNOWN AS A PORTION OF BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 308402, MORE SPECIFICALLY KNOWN AS 11627 VOGES PASS, SCHERTZ, BEXAR COUNTY, TEXAS. WHEREAS, an application to rezone approximately 3 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural (R-A), known as a portion of Bexar County Property Identification Number 308402, more specifically described as 11627 Voges Pass, 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 chang e (the “Criteria”); and WHEREAS, on April 3, 2024, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council of approval; and WHEREAS, on May 7, 2024, 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/ Agricultural District (R-A) 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 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 ___________2024. PASSED, APPROVED and ADOPTED ON SECOND READING, the _____ of __________, 2024. CITY OF SCHERTZ, TEXAS _____________________________ Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary (city seal) Exhibit “A” Property Description- Metes and Bounds/ Survey Exhibit “B” Zone Change Exhibit FORECASTING CONSIDERATIONS • • • • • • 13,540 14,056 14,586 15,081 15,465 15,615 15,768 15,972 15,673 15,890 15,521 15,146 14,864 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024-P # O F S T U D E N T S DISTRICT ENROLLMENT HISTORICAL ENROLLMENT 1.0% growth per year (153 students per year) 1.3% loss per year (-195 students per year) 3.4% growth per year (481 students per year) HISTORICAL ENROLLMENT BY CAMPUS LEVEL 5,261 5,446 5,512 5,716 5,783 5,811 5,899 5,547 5,596 5,406 5,110 4,895 2,125 2,211 2,326 2,253 2,252 2,344 2,445 2,375 2,345 2,200 2,176 2,226 2,210 2,211 2,341 2,421 2,453 2,403 2,363 2,467 2,605 2,536 2,442 2,324 4,460 4,718 4,902 5,075 5,127 5,210 5,265 5,284 5,344 5,379 5,418 5,419 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024-P # O F S T U D E N T S CAMPUS LEVEL ENROLLMENT Elementary Intermediate Junior High High School ENROLLMENT HISTORY BY LEVEL –OCTOBER • • • • • • • STUDENT TRANSFERS PEIMS YEAR TRANSFER IN TRANSFER OUT DIFFERENCE 2012 216 681 -465 2013 212 704 -492 2014 244 647 -403 2015 302 702 -400 2016 297 907 -610 2017 290 1061 -771 2018 304 1079 -775 2019 296 1283 -987 2020 300 1591 -1291 2021 317 1981 -1664 2022 308 2695 -2387 2023 Data available in March First Year of Founders Charter School First Year of School of Science and Technology First Year of Legacy Traditional School STUDENT TRANSFERS IN VS. OUT 216 212 244 302 297 290 304 296 300 317 308 681 704 647 702 907 1,061 1,079 1,283 1,591 1,981 2,695 0 500 1,000 1,500 2,000 2,500 3,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 # O F S T U D E N T S STUDENT TRANSFERS IN vs OUT TRANSFER IN TRANSFER OUT School of Science and Technology Pre-K –8th Grade Legacy Traditional Pre-K –8th Grade Founders Academy K –12th Grade MAIN DESTINATIONS FOR TRANSFERS OUT 444 472 551 529 504 272 328 356 365 414 34 43 119 159 192 16 24 71 285 367 52 106 229 0 463 0 100 200 300 400 500 600 2018 2019 2020 2021 2022 2023 # O F S T U D E N T S TRANSFER DESTINATIONS Randolph ISD Founders Academy Great Hearts School of Science and Technology Judson ISD Legacy Traditional SO, HOW MANY STUDENTS WILL WE HAVE IN THE FUTURE? 14,056 15,081 15,615 15,972 15,890 15,146 14,661 14,217 14,007 14,036 14,162 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 # O F S T U D E N T S DISTRICT HISTORICAL ENROLLMENT AND PROJECTIONS ENROLLMENT PROJECTIONS o o o o PEIMS YEAR PROJECTED ENROLLMENT GROWTH (DECLINE) PERCENTAGE CHANGE 2023 15,146 -375 -2.42% 2024-P 14,864 -282 -1.86% 2025-P 14,661 -203 -1.37% 2026-P 14,451 -210 -1.43% 2027-P 14,217 -234 -1. 62% 2028-P 14,073 -144 -1.01% 2029-P 14,007 -66 -0.47% 2030-P 14,017 10 0.07% 2031-P 14,036 19 0.14% 2032-P 14,059 22 0.16% 2033-P 14,162 103 0.73% PEIMS YEAR PROJECTED ENROLLMENT GROWTH (DECLINE) PERCENTAGE CHANGE 2023 15,146 -375 -2.44% 2024-P 14,864 -282 -1.86% 2025-P 14,661 -203 -1.37% 2026-P 14,451 -210 -1.43% 2027-P 14,217 -234 -1. 62% 2028-P 14,073 -144 -1.01% 2029-P 14,007 -66 -0.47% 2030-P 14,017 10 0.07% 2031-P 14,036 19 0.14% 2032-P 14,059 22 0.16% 2033-P 14,162 103 0.73% ENROLLMENT PROJECTIONS o o o WHY HAS IT BECOME SO HARD TO PROJECT ENROLLMENT? o o o o o o FORECASTING CONSIDERATIONS • • • • •CAMPUS CAPACITY UNDERSTANDING CAMPUS CAPACITY o o o o o o o o o PLANNING USING OUR MAXIMUM CAPACITY o CAPACITY RELIEF TOOLS o o o o o o o o o ELEMENTARY CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 CIBOLO VALLEY EL 891 1,200 761 657 611 587 589 594 594 608 617 620 627 637 % Max Capacity 63%55%51%49%49%49%49%51%51%52%52%53% GREEN VALLEY EL 673 924 586 533 497 482 469 497 506 524 535 537 535 529 % Max Capacity 63%58%54%52%51%54%55%57%58%58%58%57% NORMA PASCHAL EL 673 924 603 625 591 582 564 544 546 559 569 574 580 585 % Max Capacity 65%68%64%63%61%59%59%60%62%62%63%63% ROSE GARDEN EL 891 1,200 899 896 882 878 891 923 957 999 1,046 1,075 1,104 1,131 % Max Capacity 75%75%74%73%74%77%80%83%87%90%92%94% SCHERTZ EL 675 1,102 671 668 628 605 601 576 581 588 591 586 582 582 % Max Capacity 61%61%57%55%55%52%53%53%54%53%53%53% SIPPEL EL 675 1,058 742 672 679 690 721 756 782 827 867 904 961 1,030 % Max Capacity 70%64%64%65%68%71%74%78%82%85%91%97% WATTS EL 673 924 593 513 469 440 428 423 428 446 457 463 476 490 % Max Capacity 64%56%51%48%46%46%46%48%49%50%52%53% WIEDERSTEIN EL 675 1,058 551 546 538 544 527 517 529 549 568 574 587 602 % Max Capacity 52%52%51%51%50%49%50%52%54%54%55%57% ELEMENTARY TOTALS 5,826 8,390 5,406 5,110 4,895 4,808 4,790 4,830 4,922 5,099 5,250 5,335 5,453 5,587 % Max Capacity 64%61%58%57%57%58%59%61%63%64%65%67% Elementary Percent Change -3.40%-5.48%-4.21%-1.78%-0.37%0.83%1.91%3.59%2.96%1.63%2.20%2.46% Elementary Absolute Change -190 -296 -215 -87 -18 40 92 177 151 85 117 134 ELEMENTARY CAPACITIES 90% 92%94% 91% 97% 67% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY CIBOLO VALLEY EL GREEN VALLEY EL NORMA PASCHAL EL ROSE GARDEN EL SCHERTZ EL SIPPEL EL WATTS EL WIEDERSTEIN EL ELEMENTARY TOTALS INTERMEDIATE CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 JORDAN INT 810 1,000 716 769 796 763 777 742 676 646 641 695 734 739 % Max Capacity 72%77%80%76%78%74%68%65%64%70%73%74% SCHLATHER INT 810 1,200 750 682 700 689 640 573 563 594 597 651 682 677 % Max Capacity 63%57%58%57%53%48%47%50%50%54%57%56% WILDER INT 810 1,250 734 725 730 743 748 739 683 627 616 654 681 685 % Max Capacity 59%58%58%59%60%59%55%50%49%52%54%55% INTERMEDIATE TOTALS 3,450 2,201 2,176 2,226 2,195 2,165 2,054 1,922 1,867 1,854 2,000 2,097 2,101 % Max Capacity 64%63%65%64%63%60%56%54%54%58%61%61% Intermediate Percent Change -6.13%-1.09%2.30%-1.39%-1.37%-5.13%-6.43%-2.86%-0.70%7.87%4.85%0.19% Intermediate Absolute Change -144 -24 50 -31 -30 -111 -132 -55 -13 146 97 4 INTERMEDIATE CAPACITIES 74% 61% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY JORDAN INT SCHLATHER INT WILDER INT INTERMEDIATE TOTALS JUNIOR HIGH CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 DOBIE JH 1,300 1,540 1,348 1,316 1,229 1,194 1,228 1,196 1,152 1,058 1,009 1,025 1,025 1,109 % Max Capacity 88%85%80%78%80%78%75%69%66%67%67%72% CORBETT JH 1,080 1,500 1,188 1,126 1,095 1,096 1,103 1,111 1,114 1,083 1,001 936 924 989 % Max Capacity 79%75%73%73%74%74%74%72%67%62%62%66% JUNIOR HIGH SCHOOL TOTALS 3,040 2,537 2,442 2,324 2,290 2,331 2,307 2,266 2,141 2,010 1,961 1,949 2,098 % Max Capacity 83%80%76%75%77%76%75%70%66%65%64%69% Junior High School Percent Change -2.62%-3.71%-4.83%-1.46%1.79%-1.03%-1.78%-5.52%-6.12%-2.44%-0.61%7.64% Junior High School Absolute Change -68 -94 -118 -34 41 -24 -41 -125 -131 -49 -12 149 JUNIOR HIGH CAPACITIES 72% 66% 69% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY DOBIE JH CORBETT JH JUNIOR HIGH SCHOOL TOTALS HIGH SCHOOL CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 CLEMENS HS 2,700 3,300 2,544 2,563 2,576 2,550 2,469 2,419 2,397 2,400 2,418 2,383 2,292 2,183 % Max Capacity 77%78%78%77%75%73%73%73%73%72%69%66% STEELE HS 2,160 3,200 2,716 2,700 2,688 2,663 2,541 2,452 2,411 2,345 2,330 2,202 2,113 2,038 % Max Capacity 85%84%84%83%79%77%75%73%73%69%66%64% HIGH SCHOOL TOTALS 6,650 5,381 5,418 5,419 5,368 5,165 5,026 4,963 4,900 4,903 4,740 4,560 4,376 % Max Capacity 81%81%81%81%78%76%75%74%74%71%69%66% High School Percent Change 0.69%0.71%0.02%-0.94%-3.78%-2.69%-1.25%-1.27%0.06%-3.32%-3.80%-4.04% High School Absolute Change 37 38 1 -52 -204 -137 -64 -63 3 -163 -180 -183 HIGH SCHOOL CAPACITIES 66% 64% 66% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY CLEMENS HS STEELE HS HIGH SCHOOL TOTALS FORECASTING CONSIDERATIONS • • • • • •BONDING CAPACITY PROJECTING BONDING CAPACITY -SCUC o PROJECTING TAX REVENUE o ASSUMES NO REFINANCING FOR BOND SAVINGS o DEFEASING PRINCIPAL o MODEST PROPERTY VALUE GROWTH o 4.0% ANNUAL INCREASE FOR 2024-2028 o 2.0% ANNUAL INCREASE FOR 2029-2033 o AS DEBT IS RESTRUCTURED AND PROPERTY VALUES INCREASE, WE BEGIN TO HAVE SOME BONDING CAPACITY o CAPACITY FOR ADDITIONAL DEBT IS LOWER AT FIRST, MORE IN LATER YEARS o FORECASTING USING THREE OPTIONS FOR I&S TAX RATE o $0.47 PER $100 OF VALUATION (C URRENT), $0.48 PER $100 VALUATION, AND $0.49 PER $100 VALUATION PROJECTED AVAILABLE BOND DOLLARS $215 $246 $278 $312 $347 $362 $380 $399 $419 $438 $284 $316 $351 $388 $426 $442 $463 $483 $505 $526 $- $50 $100 $150 $200 $250 $300 $350 $400 $450 $500 $550 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BO N D C A P A C I T Y I N M I L L I O N S SCUC Bond Capacity by Year & Rate Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ PROJECTING FACILITY COSTS -SCUC o o o o o o o o o o o PROJECTING FACILITY COSTS -SCUC YEAR High School Junior High Elementary/ Intermediate 2024 $ 235,000,000 $ 113,000,000 $ 72,000,000 2025-P $ 242,050,000 $ 116,390,000 $ 74,160,000 2026-P $ 246,891,000 $ 118,717,800 $ 75,643,200 2027-P $ 251,828,820 $ 121,092,156 $ 77,156,064 2028-P $ 256,865,396 $ 123,513,999 $ 78,699,185 2029-P $ 262,002,704 $ 125,984,279 $ 80,273,169 2030-P $ 267,242,758 $ 128,503,965 $ 81,878,632 2031-P $ 272,587,614 $ 131,074,044 $ 83,516,205 2032-P $ 278,039,366 $ 133,695,525 $ 85,186,529 2033-P $ 283,600,153 $ 136,369,435 $ 86,890,260 2034-P $ 289,272,156 $ 139,096,824 $ 88,628,065 PROJECTED BOND CAPACITIES VS. CONSTRUCTION COSTS $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BONDING CAPACITY VS CONSTRUCTION COSTS JUNIOR HIGH Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ PROJECTED BOND CAPACITIES VS. CONSTRUCTION COSTS $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BONDING CAPACITY VS CONSTRUCTION COSTS JUNIOR HIGH Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ Estimated $41 M in HVAC needs over the next 10 years Estimated $9 M in Ancillary Systems needs over the next 10 years Estimated $40 M in Building and Site needs over the next 10 years TAKE AWAYS…. o o o o o o o o o QUESTIONS/COMMENTS 3Q23 Demographic Report 3.3 3.4 3.5 3.7 3.4 3.3 3.5 3.6 3.8 3.6 3 3.2 3.4 3.6 3.8 4 Guadalupe Co. Comal Co. San Antonio MSA Texas US Unemployment Rate, Year Over Year Oct-23 Oct-22 3 Local Economic Conditions 3 12.6 3.6 3.5 3.8 0 2 4 6 8 10 12 14 Unemployment Rate, Sept 2019 –Oct 2023 San Antonio MSA Texas © 2022 Zonda 13,557 19,033 0 2,500 5,000 7,500 10,000 12,500 15,000 17,500 20,000 22,500 25,000 2013Q3 2014Q3 2015Q3 2016Q3 2017Q3 2018Q3 2019Q3 2020Q3 2021Q3 2022Q3 2023Q3 Annual Housing Starts vs. Annual Closings Annual Housing Starts Annual Closings San Antonio New Home Starts & Closings Key Trends Starts: -40% YOY / -1% QOQ Closings: +10% YOY / -1% QOQ Closings Exceed Starts by 5,500 Homes 5 Housing Market Trends: Multi-family Market-Oct. 2023 6 San Antonio New Home Ranking Report ISD Ranked by Annual Closings –3Q23 * Based on additional housing research by Zonda Education Rank District Name Annual Starts Annual Closings Inventory VDL Future 1 NORTHSIDE ISD 2,762 4,009 2,287 7,237 24,003 2 COMAL ISD 1,960 2,971 1,982 4,390 22,269 3 EAST CENTRAL ISD 1,469 2,282 1,036 4,414 26,268 4 MEDINA VALLEY ISD 1,859 2,139 1,351 4,375 25,751 5 JUDSON ISD 783 1,322 583 774 1,228 6 SOUTHWEST ISD 890 1,106 673 2,704 9,156 7 SCHERTZ-CIBOLO-U CITY ISD 593 1,060 550 1,819 6,914 8 NEW BRAUNFELS ISD 510 762 406 1,203 6,767 9 NAVARRO ISD 636 692 458 1,457 4,461 10 BOERNE ISD 569 623 534 1,263 10,547 11 SEGUIN ISD 327 471 253 681 5,280 12 NORTH EAST ISD 368 463 223 701 5,711 13 SOUTHSIDE ISD 419 460 327 1,082 10,948 14 SAN ANTONIO ISD 94 240 166 347 794 15 SOUTH SAN ANTONIO ISD 129 219 137 250 539 16 LYTLE ISD 51 73 35 157 1,306 17 HARLANDALE ISD 5 41 0 14 43 18 ALAMO HEIGHTS ISD 27 33 58 20 19 19 EDGEWOOD ISD 0 28 0 0 42 20 MARION ISD 62 24 62 283 4,388 0 200 400 600 800 1,000 1,200 1,400 2017 2018 2019 2020 2021 2022 2023 Annual Starts Annual Closings 7 District New Home Starts and Closings by Quarter Starts 2017 2018 2019 2020 2021 2022 2023 Closings 2017 2018 2019 2020 2021 2022 2023 1Q 196 175 201 237 294 349 103 1Q 194 133 138 165 190 181 280 2Q 168 180 176 197 300 393 186 2Q 172 185 211 249 258 227 247 3Q 167 177 207 261 265 174 241 3Q 179 185 240 286 268 218 199 4Q 172 185 198 232 319 63 4Q 148 161 179 213 196 334 Total 703 717 782 927 1,178 979 530 Total 693 664 768 913 912 960 726 8 District Housing Overview by Elementary Zone Highest activity in the category Second highest activity in the category Third highest activity in the category Elementary Annual Starts Quarter Starts Annual Closings Quarter Closings Under Const.Inventory Vacant Dev. Lots Future CIBOLO VALLEY 73 22 58 23 39 77 168 430 GREEN VALLEY 0 0 0 0 0 0 0 0 PASCHAL 1 0 3 1 0 1 45 242 ROSE GARDEN 146 44 307 41 94 147 590 3,017 SCHERTZ 32 6 103 12 15 24 0 60 SIPPEL 80 42 130 33 46 90 639 1,743 WATTS 61 26 152 25 24 68 76 580 WIEDERSTEIN 200 101 307 64 96 143 301 842 Grand Total 593 241 1,060 199 314 550 1,819 6,914 District Housing Overview •The district has 24 actively building subdivisions •Within SCUCISD there are 8 future subdivisions •Of these, groundwork is underway on 1,068 lots within 8 subdivisions 9 District Multi-Family Overview 10 •The district has over 550 multi-family units under construction across the district •Within SCUCISD there are over 2,100 future multi-family units in the planning stages Multi-Family Developments MF Under construction Future Multi-Family Residential Activity 11 Cibolo Ridge •348 total future lots •Groundwork underway for Unit 1 (145 lots) •Anticipate homebuilding begin late 2023 –early 2024 •Lennar Legendary Trails •361 total lots •141 future lots •60 vacant developed lots •13 homes under construction •124 occupied homes •Closed 44 homes in last 12 months •Groundwork underway on remaining lots •$330K+ •Current Student Yield = 0.605 Residential Activity 12 Saddlebrook Ranch •636 total future lots •Groundwork underway for 177 lots in Units 1, 2 & 4 •Anticipate homebuilding begin early 2024 •Ashton Woods Multi-Family Yield 13 •Within SCUCISD there are currently 287 students residing in 1,920 multi-family units •The district average multi-family yield is 0.149 < 0.25 0.25 –0.50 0.50 –0.75 > 0.75 14 Student Yield by Housing Type Single Family Yield 0.469 Multi-Family Yield 0.149 0.489 0.469 0.132 0.149 0 0.1 0.2 0.3 0.4 0.5 0.6 2022/23 2023/24 SCUCISD Student Yeild by Housing Type Single Family Yield Mutli-Family Yeild Student Density 15 SCUCISD currently has 308 residing out of district This represents roughly 2% of total SCUCISD students 6,124 students, or roughly 40.4% of the district population resides within Schertz city limits 6,372 students, or roughly 42% of the district population resides in Cibolo city limits 687 students, or roughly 4.5% of the district population resided in Universal City city limits 1,665 students roughly 11.1% reside in the unincorporated area of the district 16 Yellow box = largest grade per year Green box = second largest grade per year Ten Year Forecast by Grade Level Year (Oct.)EE/PK K 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th Total Total Growth % Growth 2019/20 413 1,048 1,036 1,093 1,125 1,184 1,211 1,234 1,183 1,180 1,419 1,340 1,282 1,224 15,972 154 1.0% 2020/21 325 951 1,019 1,040 1,077 1,135 1,143 1,232 1,248 1,219 1,293 1,394 1,305 1,292 15,673 -299 -1.9% 2021/22 455 935 997 1,019 1,074 1,116 1,124 1,221 1,287 1,318 1,428 1,347 1,305 1,264 15,890 217 1.4% 2022/23 436 819 962 998 1,077 1,114 1,067 1,133 1,230 1,306 1,478 1,371 1,247 1,283 15,521 -369 -2.3% 2023/24 430 788 838 967 997 1,090 1,079 1,097 1,178 1,264 1,435 1,459 1,238 1,286 15,146 -375 -2.4% 2024/25 384 747 849 866 1,006 1,043 1,108 1,118 1,126 1,198 1,413 1,427 1,354 1,225 14,864 -282 -1.9% 2025/26 406 789 795 870 896 1,052 1,061 1,134 1,145 1,145 1,328 1,387 1,321 1,332 14,661 -203 -1.4% 2026/27 443 861 840 816 897 933 1,072 1,093 1,167 1,164 1,269 1,316 1,274 1,306 14,451 -210 -1.4% 2027/28 438 850 918 851 841 932 950 1,104 1,120 1,187 1,294 1,256 1,218 1,258 14,217 -234 -1.6% 2028/29 446 866 907 945 879 879 947 975 1,128 1,138 1,318 1,278 1,161 1,206 14,073 -144 -1.0% 2029/30 456 886 919 941 978 919 893 974 994 1,147 1,265 1,304 1,180 1,151 14,007 -66 -0.5% 2030/31 465 904 940 951 970 1,020 935 919 1,000 1,010 1,277 1,251 1,205 1,170 14,017 10 0.1% 2031/32 477 931 960 973 982 1,012 1,038 962 944 1,017 1,128 1,263 1,156 1,193 14,036 19 0.1% 2032/33 489 954 984 995 1,006 1,025 1,029 1,068 989 960 1,130 1,117 1,167 1,146 14,059 22 0.2% 2033/34 500 976 1,011 1,021 1,028 1,051 1,042 1,059 1,099 999 1,066 1,120 1,034 1,156 14,162 103 0.7% 17 Ten Year Forecast by Elementary Campus Fall ENROLLMENT PROJECTIONS Campus Functional Capacity Max Capacity 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 2032/33 2033/34 CIBOLO VALLEY EL 891 1,200 657 611 587 589 594 594 608 617 620 627 637 GREEN VALLEY EL 673 924 533 497 482 469 497 506 524 535 537 535 529 NORMA PASCHAL EL 673 924 625 591 582 564 544 546 559 569 574 580 585 ROSE GARDEN EL 891 1,200 896 882 878 891 923 957 999 1,046 1,075 1,104 1,131 SCHERTZ EL 675 1,102 668 628 605 601 576 581 588 591 586 582 582 SIPPEL EL 675 1,058 672 679 690 721 756 782 827 867 904 961 1,030 WATTS EL 673 924 513 469 440 428 423 428 446 457 463 476 490 WIEDERSTEIN EL 675 1,058 546 538 544 527 517 529 549 568 574 587 602 ELEMENTARY TOTALS 5,110 4,895 4,808 4,790 4,830 4,922 5,099 5,250 5,335 5,453 5,587 Elementary Percent Change -5.48%-4.21%-1.78%-0.37%0.83%1.91%3.59%2.96%1.63%2.20%2.46% Elementary Absolute Change -296 -215 -87 -18 40 92 177 151 85 117 134 JORDAN INT 810 1,000 769 796 763 777 742 676 646 641 695 734 739 SCHLATHER INT 810 1,200 682 700 689 640 573 563 594 597 651 682 677 WILDER INT 810 1,250 725 730 743 748 739 683 627 616 654 681 685 INTERMEDIATE TOTALS 2,176 2,226 2,195 2,165 2,054 1,922 1,867 1,854 2,000 2,097 2,101 Intermediate Percent Change -1.09%2.30%-1.39%-1.37%-5.13%-6.43%-2.86%-0.70%7.87%4.85%0.19% Intermediate Absolute Change -24 50 -31 -30 -111 -132 -55 -13 146 97 4 18 Ten Year Forecast by Secondary Campus Fall ENROLLMENT PROJECTIONS Campus Functional Capacity Max Capacity 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 2032/33 2033/34 DOBIE JH 1,300 1,540 1,316 1,229 1,194 1,228 1,196 1,152 1,058 1,009 1,025 1,025 1,109 CORBETT JH 1,080 1,500 1,126 1,095 1,096 1,103 1,111 1,114 1,083 1,001 936 924 989 JUNIOR HIGH SCHOOL TOTALS 2,442 2,324 2,290 2,331 2,307 2,266 2,141 2,010 1,961 1,949 2,098 Junior High School Percent Change -3.71%-4.83%-1.46%1.79%-1.03%-1.78%-5.52%-6.12%-2.44%-0.61%7.64% Junior High School Absolute Change -94 -118 -34 41 -24 -41 -125 -131 -49 -12 149 CLEMENS HS 2,700 3,300 2,563 2,576 2,550 2,469 2,419 2,397 2,400 2,418 2,383 2,292 2,183 STEELE HS 2,160 3,200 2,700 2,688 2,663 2,541 2,452 2,411 2,345 2,330 2,202 2,113 2,038 ALSELC 155 155 155 155 155 155 155 155 155 155 155 HIGH SCHOOL TOTALS 5,418 5,419 5,368 5,165 5,026 4,963 4,900 4,903 4,740 4,560 4,376 High School Percent Change 0.73%0.02%-0.94%-3.78%-2.69%-1.25%-1.27%0.06%-3.32%-3.80%-4.04% High School Absolute Change 39 1 -51 -203 -139 -63 -63 3 -163 -180 -184 DISTRICT TOTALS 15,146 14,864 14,661 14,451 14,217 14,073 14,007 14,017 14,036 14,059 14,162 District Percent Change -2.42%-1.86%-1.37%-1.43%-1.62%-1.01%-0.47%0.07%0.14%0.16%0.73% District Absolute Change -375 -282 -203 -210 -234 -144 -66 10 19 22 103 19 Key Takeaways Enrollment in Schertz Cibolo ISD decreased by -2.4% since 2022/23 Enrollment declines related to Charter expansions and lower Kindergarten enrollments 3rd quarter new home starts bounce back to 241 starts highest in the past year The district has 24 actively building subdivisions with more than 1,800 lots available to build on SCUCISD has 8 future subdivisions with over 6,900 lots in the planning stages Groundwork is underway on more than 1,000 lots across the district Larger graduating classes verses smaller Kindergarten classes leading to decrease in overall enrollment District enrollment near 14,000 students in 2028/29 school year 15,146 14,073 14,162 13,000 13,500 14,000 14,500 15,000 15,500 16,000 16,500 Enrollment Projections Prop erty owne rs outside theSchertz City Limits are n otifiedbut do no t count towa rds theopposition tally an d a re o nly sh ownfor reference purpose s. City of Schertz C ity of S c h ertz C ity of S c h ertz S c h e rtz E T J Schertz ETJ S c h ertz E T J Schertz E TJ V O G E S P A S S PVTRDAT11732VO G E S P A S S Pr oject Are a 0 100 200 300 40050Feet ² 09 Apr 2024 @ 11:10 am Protested Parcel Acerage (%) Opposed Not Opposed (100.00%) (0.00%) Ordinance 24-S-19 Zone Change from Pre-Development to Single-Family Residential/ Agricultural District (R-A) Voges Pass ( 3 acres) Daisy Marquez| Planner 11627 Voges Pass Existing Single-Family Home Existing Zoning: Pre-Development (PRE) Proposed Zoning: Single-Family Residential/ Agricultural (R-A) 15 16 Existing ZoningLand Use NorthPre-Development District (PRE)Single Family Residential/ Agricultural SouthExtraterritorial Jurisdiction (ETJ) Single Family Residential/ Agricultural EastRight-Of-Way; Private Voges Pass WestManufacturing District –Heavy (M-2)Undeveloped •March 20, 2024 a total of 7 Public Hearing Notices were sent out. •Responses Received: •0 – Opposition, •0-In Favor, •1-Neutral •1 sign was posted on the property. •April 3, 2024, Planning and Zoning Commission held a public hearing. •Posted in the “San Antonio Express” on April 10, 2024. 17 Proposed Zone Change •UDC Section 21.5.4 states that a Zone Change is required to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable, and desirable development. •The proposed zone change to Single-Family Residential/ Agricultural District (R-A) per the letter of intent the applicant is seeking the rezone to remodel their home. 18 UDC SECTION 21.5.4.D Criteria for Approval 1.Whether the proposed zone 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 proposed Single-Family Residential/ Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan. •The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering the appropriateness of housing density, factors such as roadway classification and conflicts among land uses should be considered. •The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designations as per its statement of purpose and intent from UDC Section 21.5.5. The intent of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. •The surrounding properties are Pre-Development District (PRE) and the subject property is at the edge of the City of Schertz Extraterritorial Jurisdiction (ETJ). 19 UDC SECTION 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 general welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. •The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7A of the Unified Development Code, are compatible with what is in the surrounding area. 20 UDC SECTION 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; •Yes, the permitted uses in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential/ Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long is practical and reasonable, with minimum half-acre lots, and where development may be premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5. •The majority of the surrounding properties are Pre-Development District (PRE) and are used for single family residential and agricultural. Additionally, the southern portion of the property is adjacent to the City of Schertz Extraterritorial Jurisdiction (ETJ). 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; •The existing access point for the property is off of the existing Voges Pass. Voges Pass is a private road and is not maintai ned by the City of Schertz. The subject property currently uses an on site septic system and is serviced by the City of Schertz for water. •A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation. •The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezo ning requests or their ability to provide services. 21 UDC SECTION 21.5.4.D Criteria for Approval 5. Whether there have been environmental and/or economical changes which warrant the requested change; •The applicant would like to renovate the existing home and the Pre-Development District (PRE) is a placeholder and requires a zo ne change for construction, building permits, etc. 6. Whether there is an error in the original zoning of the property for which the change is requested; •There was no error in the original zoning of the property. The subject property was annexed into the City of Schertz in 1974 with Ordinance 74-A- 24. Pre-Development District (PRE) is a placeholder and this property along with others in this area and around southern Schertz were given Pre- Development District (PRE) instead of zoning each individual property. 7. Whether all of the applicant’s back taxes owed to the City have been paid in full; •This does not impact the first reading at City Council. 22 UDC SECTION 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. •Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council. 23 Recommendation Staff Recommendation The proposed zone change to Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan and is appropriate within the immediate area of the subject property, thus Staff recommends approval of PLZC20240050. Planning and Zoning Commission The Planning and Zoning Commission met on April 4, 2024 and made a recommendation of approval with a 6-0 vote. 24 COMMENTS AND QUESTIONS 25 Agenda No. 9. CITY COUNCIL MEMORANDUM City Council Meeting:May 7, 2024 Department:Engineering Subject:Monthly Update - Major Projects In Progress/CIP (B.James/K.Woodlee) Attachments 5-7-24 Council Update on Major Projects Agenda No. 10. CITY COUNCIL MEMORANDUM City Council Meeting:May 7, 2024 Department:Planning & Community Development Subject:Neighborhood Services - Quarterly Update Attachments NS Quarterly Report Jan - March 2024 Neighborhood Services - Quarterly Report January 1 - March 30, 2024 Code and Health Inspections Retail Food Service inspections • Total o Routines/complaints o Weekend events 115 106 9 C ode Cases and Investigations • Total Code Cases o Cases resolved o Cases In-process o Grass and weeds o Graffiti 485 349 136 63 7 Court appearances/cases 15 Abatement & Liens 4 includes securing 2 vacant structures Tool Shed Equipment rentals • Yearly total o January 2024 o February 2024 o March 2024 179 15 52 112 Total equipment borrowed since inception (Sept. 2022) 568 Updates Weatherization Grant application EECBG grant application submitted April 5, 2024. Expected turnaround time is 30 days. Clean the Creek The second annual event was held on Saturday February 24, 24 and hosted 101 volunteers. Together city staff and volunteers removed approximately 6,000 lbs. of trash from the Cibolo Creek watershed near Cut Off Park and Crescent Bend Natural Area. Love Where You Live (LWYL) LWYL held another successful event on Saturday April 20, 2024. 250 volunteers worked on service projects ranging from yard work to minor home maintenance for 70 residents. This event supports our residents directly with free services.