10-21-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, OCTOBER 21, 2008 Regular Session
6:30 p.m. REGULAR SESSION CALL TO ORDER: INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. PRESENTATION • Proclamation to Jon and Joe Gonzalez
for their heroic efforts. • Proclamation to Schertz Chamber of Commerce. 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 5 minutes. 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. INTRODUCTIONS/RECOGNITIONS • Introductions of new employees: (Public Works) •
Recognition of the promotion of Michael Harris to Assistant Police Chief and Marc Bane promotion to Captai?n. • ANNOUNCEMENTS • General Announcements on meetings/events attended and
upcoming events (Council) • General Announcements on meetings/events attended and upcoming events (Mayor) REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval
of the minutes of the Regular Meeting of October 14, 2008. 10-21-08 Council Agenda
2. Ordinance No. 08-D-48 – Consideration and/or action revising Section 86-41(b) three-way stops to include Cherry Tree Drive and Turnabout Loop. Final Reading (L. Dublin) 3. Appointment
-Director of San Antonio Metropolitan Health District – Consideration and/or action appointing Dr. Fernando Guerra as the Health Authority of San Antonio Metropolitan Health District.
PUBLIC HEARING/ORDINANCES 4. Ordinance No. 08-S-49 -SUP2008-031A-Conduct a public hearing, and consideration and/or action upon a request for a Specific Use Permit of 2.82+ acres land
being of Lot 6 Block 1 of the Hubertus Retail Subdivision to allow the use of a Self-Storage Service Facility in the General Business zoning district (GB) located at the southwest intersection
of IH35 North and FM-1103. First Reading (M. Nichols) 5. Resignations/Appointment/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding resignations
appointments/reappointments to Boards and Commission/Committees. • Resignation of John Correu – Historical Preservation Committee • Appointment of Earl Sawyer – Historical Preservation
Committee ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events EXECUTIVE SESSION Called under Section 551.071 Litigation, pending
litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 6. Take any action
deemed necessary as a result of the Executive Session. ADJOURNMENT CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA
WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 16th DAY OF OCTOBER, 2008 AT 11:45 A.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. Brenda Dennis 10-21-08 City Council Agenda Page -2 -
BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD
ON _____DAY OF _______________, 2008. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act.
Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at least 24 hours
in advance of meeting. COUNCIL ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview Board for Boards
and Commissions Investment Advisory Committee ASA Commuter Rail District Board Mayor Pro-Tem Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce Liaison -Board
of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML Municipal
Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards and Commissions
Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission Liaison – TIRZ
II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz
Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee 10-21-08 City Council Agenda Page -3 -
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 21, 2008 Department: Administration Subject: Minutes BACKGROUND On October 14, 2008 a Regular City Council Meeting
was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the October
14, 2008 minutes. ATTACHMENT Minutes 10/14/08
City Council Regular Meeting October 14, 2008 269 MINUTES REGULAR MEETING October 14, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October
14, 2008 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Pro-Tem Tony Wilenchik
Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: Assistant City Manager John Bierschwale Assistant
City Manager David Harris Deputy City Secretary Mary Ybarra City Attorney Michael Spain CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION
AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United
States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Francis Rushing, Schertz Chamber of Commerce President, who announced the following: -Shop Schertz
Showcase-Taste of the Town, October 18, 2008 at the Civic Center. -October 31, 2008 monthly meeting: Marty Winder, Chairman of the San Antonio Chamber of Commerce will be the speaker.
-Ribbon cutting for the Frost Bank-October 21, 2008. • Bob Weeks 210 Maple Drive who addressed the Council regarding FEMA mapping revisions and its effects on insurance rates. City Attorney
Michael Spain suggested placing this item on a future agenda for discussion; Council consensus was to place this item on the agenda two weeks from tonight. • David Richmond, Planning
and Zoning Chair, who thanked Council on the reappointment of four members to the commission. He appreciates the recognition of these four members. • Robert Brockman, 1000 Elbel Road
who thanked Council for stopping by apartment complex on National Night Out, October 7, 2008; he mentioned that Schertz Tales no longer includes calendar events; he inquired if Robert
Rules Rules of Order are followed by all
City Council Regular Meeting October 14, 2008 270 boards and commissions. City Attorney Michael Spain clarified that Council has adopted its own procedures to include Modern Rules of
Order. • Rosemary Grayson, 5213 Cabana Drive who addressed the Council regarding TSAC Bylaws and suggested including pedestrian uses. ANNOUNCEMENTS • General Announcements on meetings/events
attended and upcoming events (Council) • General Announcements on meetings/events attended and upcoming events (Mayor) Council General Announcements: Mayor Pro-Tem Wilenchik • None Council
Member Carpenter • None Council Member Fowler • Mentioned be believes National Night Out did not get much advertising, and added that the proclamations presented to the HOA’s were well
received. Council Member Scagliola • Mentioned that SchertzFest and National Night Out were great events, he thanked Chris Lewis for his efforts; Pickrell Park has set up the Pumpkin
Patch, stop by and pick out your pumpkin for Halloween. Council Member Trayhan • Thanked everyone for two great events; SchertzFest and National Night Out. Mayor Baldwin • Mentioned
the Historical Committee is meeting this Thursday, October 16, 2008. REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting
of September 23, 2008. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Mayor Pro-Tem Wilenchik to approve the minutes of September 23, 2008. Vote was unanimous.
Motion Carried 2. Ordinance No. 08-D-47 – Consideration and/or action amending Ordinance No. 07-D-15 revising the school zone boundaries. Final Reading (M. Harris) Mayor recognized Assistant
Chief Michael Harris who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Carpenter who moved,
City Council Regular Meeting October 14, 2008 271 seconded by Mayor Pro-tem Wilenchik to approve Ordinance No. 08-D-47 final reading. Vote was unanimous. Motion Carried 3. TSAC Revised
By-Laws & Board Member Appointments – Consideration and/or action approving the revised TSAC By-Laws and appointment of Board Members. (L. Dublin) Mayor recognized City Engineer Larry
Dublin, who introduced this item answering questions from Council. After considerable discussion regarding alternate member position and appointment, it was Council consensus that TSAC
review the revised by-laws and have the item brought back at a future agenda. At this time, Council considered the appointment of Kevin Bean, high school liaison. Mayor Baldwin recognized
Council Member Scagliola who moved, seconded by Mayor Pro-Tem Wilenchik to appoint Kevin Bean, high school liaison to the TSAC Board. Vote was unanimous. Motion Carried 4. Bid #08-PW-31-S-02
-East Live Oak Water Plant Improvement – Consideration and/or action awarding the East Live Oak Water Plant Improvement project. (L. Dublin) Mayor Baldwin recognized City Engineer Larry
Dublin, who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to award the bid to
Central Road and Utility, Ltd in the amount of $3,197,658.00 for the East Live Oak Water Plant Improvements. Vote was unanimous. Motion Carried 5. Bid #08-PW-35-S-01 – Westchester Drive
Extension – Consideration and/or action awarding a bid for the Westchester Drive Extension. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item answering
questions from Council. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Mayor Pro-Tem Wilenchik to award the bid to R.L. Jones LP in the amount of $368,698.00 for
the Westchester Drive Extension. Vote was unanimous. Motion Carried 6. Bid #08-PW-36-C-01 – Deer Haven Street Reconstruction – Consideration and/or action awarding a bid for the Deer
Haven Street Reconstruction. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item answering questions from Council. Mayor Baldwin recognized Council
Member Carpenter who moved, seconded by Mayor Pro-Tem Wilenchik to award the bid to D & D Contractors in the amount of $715,427.30 for the Deer Haven Street Reconstruction. Vote was
unanimous. Motion Carried
City Council Regular Meeting October 14, 2008 272 7. Public Library Interlocal Agreement (Guadalupe County) – Consideration and/or action approving an Interlocal Agreement with Guadalupe
County for Library Services. Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. After significant discussion, regarding
advantages/disadvantages on acceptance or declining funding from the County, Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Trayhan to postpone
the Public Library Interlocal Agreement with Guadalupe County for Library Services until the next regular meeting. Vote was unanimous. Motion Carried 8. Ordinance No. 08-D-48 – Consideration
and/or action revising Section 86-41(b) threeway stops. (Cherry Tree Drive and Turnabout Loop) First Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced
this item answering questions from Council. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to approve Ordinance No. 08-D-48 on first
reading. Vote was unanimous. Motion Carried 9. SSLGC Interlocal Agreement – Off-Peak Water Sales – Consideration and/or action approving an Interlocal Agreement for Off-Peak Water Sales.
(A. Cockrell) Mayor Baldwin recognized Assistant City Manager Bierschwale who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Carpenter
who moved, seconded by Council Member Trayhan to approve SSLGC Interlocal Agreement for Off-Peak Water Sales. Vote was 4-1 with Mayor Pro-tem Wilenchik Abstaining. Motion Carried 10.
Resolution No. 08-R-47 – Consideration and/or action supporting the Texas Rail Relocation and Improvement Fund. (Mayor Baldwin) Mayor Baldwin introduced this item providing background
on the issue. After considerable discussion, regarding such issues as traffic, freight mobility, and other concerns, Mayor Baldwin recognized Council Member Trayhan who moved, seconded
by Council Member Scagliola to approve Resolution No. 08-R-47. Vote was 4-1 with Council Member Carpenter voting no. Motion Carried 11. Resignations/Appointment/Reappointment to Boards
and Commissions/Committees – Consideration and/or action regarding resignations appointments/reappointments to Boards and Commission/Committees. • Resignation of Larry Brenner – Historical
Preservation Committee • Appointment of Andreas Wooten – Historical Preservation Committee
City Council Regular Meeting October 14, 2008 273 Mayor Baldwin introduced this item and asked for a motion. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by
Council Member Fowler to accept the resignation of Larry Brenner. Vote was unanimous. Motion Carried Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Mayor Pro-Tem
Wilenchik to appoint Andreas Wooten to the Historical Preservation Committee. Vote was unanimous. Motion Carried ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events
attended and upcoming events Assistant City Manager Bierschwale reported on an opinion by Attorney General Office; being more specific under items such as “General Announcements”. EXECUTIVE
SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real
property. Mayor Baldwin adjourned the regular meeting into Executive Session at 7:58 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 7:40 p.m. 12.
Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Mayor Pro-Tem Wilenchik to approve the purchase
of .182 acre temporary sewer line construction easement from Conor and Corbin Shullanberger for $500. Vote was unanimous. Motion Carried Mayor Baldwin recognized Council Member Trayhan
who moved, seconded by Mayor Pro-Tem Wilenchik to approve the purchase of .173 acre temporary sewer line construction easement and .069 acre permanent sewer line easement from Virgil
and Antoinette Batey for $2,000. Vote was unanimous. Motion Carried Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Mayor Pro-Tem Wilenchik to approve the purchase
of .113 acre temporary sewer line construction easement from Joseph Hendrix for $750. Vote was unanimous. Motion Carried Mayor Baldwin recognized Council Member Scagliola who moved,
seconded by Council Member Fowler in connection with the Dietz Creek Drainage Project, to purchase Lot 6, Block 29, Live Oak Hills Subdivision from Jorge and Flor Infante for $5,000
and rescind
City Council Regular Meeting October 14, 2008 274 condemnation proceedings when the closing occurs. Vote was unanimous. Motion Carried MAYOR BALDWIN ASKED THAT ITEM 7 FROM ABOVE BE BROUGHT
BACK FOR FURTHER CONSIDERATION AFTER EXECUTIVE SESSION. 7. Public Library Interlocal Agreement (Guadalupe County) – Consideration and/or action approving an Interlocal Agreement with
Guadalupe County for Library Services Mayor Baldwin recognized Mayor Pro-Tem Wilenchik who moved, seconded by Council Member Carpenter to reopen item 7 for consideration. Vote was unanimous.
Motion Carried Mayor Baldwin recognized Library Director Gail Douglas and Manager Melissa Uhlhorn who informed Council on the outcome of the Cibolo Council meeting, where they made a
pitch for library service funding from the City of Cibolo. Ms. Douglas stated that the Mayor from Cibolo informed that the city budget had already been approved and that the city could
not afford to give Schertz money for Library Services. After considerable discussion, Mayor Mayor recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to
approve an Interlocal Agreement with Guadalupe County for Library Services in the amount of $173, 045. Vote was 4-1, with Mayor Pro-Tem Wilenchik voting no. Motion carried. ADJOURNMENT
As there was no further action, Mayor adjourned the meeting at 9:00 p.m. __________________________________ Hal Baldwin, Mayor ATTEST: _____________________________________ Mary Ybarra,
Deputy City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: October 21, 2008 Department: Public Works /Engineering Subject: Ordinance No. 08-D-48 -three-way stop at Cherry Tree/Turnabout
Loop and Install Crosswalk across Cherry Tree Drive Final Reading BACKGROUND At the Transportation Safety Advisory Commission (TSAC) meeting on August 7, 2008, several citizens brought
to the commissions’ attention a safety hazard when residents in the Northcliffe area walk to the city park on Cherry Tree Dr. A motion was made to have the City of Schertz Engineer complete
a traffic study on Cherry Tree Dr. to determine if a crosswalk was warranted and send the findings to City Council for approval. A traffic study was done and due to the high volume of
traffic, the city engineer affirms that a crosswalk across Cherry Tree Dr. at Turnabout Loop is needed to provide a safe pedestrian crossing to the city's park. The city engineer stated
that an additional two stop signs are needed to create a three-way stop intersection at Cherry Tree Dr. and Turnabout Loop to complete the design. City Council passed this on first reading
at their meeting of October 14, 2008. FISCAL IMPACT The Fiscal Impact will be $4,400.00. Proposed FY 2008-2009 budget, Account number: 101-359-551600 – Street Maintenance. RECOMMENDATION
Staff recommends Council approve final reading of Ordinance No. 08-D-48.
Agenda No. 3 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: September 17, 2008 Department: EMS Subject: Appointment of Health Authority BACKGROUND: After the attacks of 9/11
and the subsequent usage of the Anthrax virus as a weapon in multiple locations across the United States, many jurisdictions realized that they had a potential need for an Emergency
Health Authority. The City of San Antonio and Bexar County realized that not only was there a need to increase their own preparations, but that there was also a need to insure that the
surrounding jurisdictions were also better prepared for man-made and natural disasters. In an effort to reach out to surrounding jurisdictions, Dr. Fernando Guerra and the Metropolitan
Health District has attempted to bring all neighboring jurisdictions in and around Bexar County underneath their umbrella as a Health Authority so that during times of emergency, they
would have the ability and the authority to act uniformly across the region to assist with public health emergencies. The City of Schertz has signed this two year agreement in 2004,
2006 and in 2008 we are being requested to re-sign this agreement once again. FISCAL IMPACT This agreement has no fiscal impact unless the services of Dr. Fernando Guerra are utilized
during times of emergency or non-emergency. If the services are utilized, as with all other mutual aid services used in times of local or regional disaster, the City will be required
to reimburse the Metropolitan Health District for these services as funds are available to do so. To clarify, if we need services for a local problem that is not an emergency (such as
a local outbreak of TB at the Schertz Housing Authority) then the City would be billed for the services provided by the Health District. These services would probably be of a minimal
cost and could be paid out of budgeted or reserve funds. If the City is involved in a large scale bio-terrorist attack resulting in the illness of hundreds if not thousands of our residents,
the Health District would be pressed into action here and most likely across the region. The costs of these services could be extensive and, if they exceeded the ability of the City
to compensate for them, the City would most likely be eligible for emergency funding from the State or the Federal Government to help compensate for all of the costs of such a catastrophic
emergency. In this instance, payment to the Health District would be delayed until the City received this disaster compensation. If services are not used at anytime (which they have
not been through the last 4 years of this agreement) then there is no cost to the City. Memo-Resolution.doc
City Council Memorandum Page 2 Memo-Resolution.doc RECOMMENDATION Staff recommends Council appoint Dr. Fernando Guerra as the Health Authority of San Antonio Metropolitan Health District.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated staff recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of
the City Council of the City of Schertz, Texas this 21st day of October, 2008, at which meeting a quorum was present, held in accordance with the provisions of the Texas Government Code,
§551.001 et seq., as amended. APPROVED Hal Baldwin, Mayor ATTEST: ___________________________________ Brenda Dennis, City Secretary
Agenda No.4 CITY COUNCIL MEMORANDUM City Council Meeting: October 21, 2008 Department: Planning & Zoning Subject: Ordinance No. 08-S-49 Hold a public hearing, consider and act upon a
request for a Specific Use Permit and associated Site Plan of 2.82+ acres of land being Lot 6, Block 1 of the Hubertus Retail Subdivision to allow the use of a Self-Storage Service Facility
in the General Business District (GB) located at the southwest intersection of IH-35 North and FM-1103. First Reading BACKGROUND: • On August 1, 2008, the applicant submitted an application
for an SUP and associated site plan. • On September 10, 2008, the applicant withdrew his application. • On September 26, 2008, the applicant re-submitted his application meeting all
of the UDC submittal requirements. • The applicant has applied for the use of a self-storage facility and office/warehouse in the General Business District (GB) which requires a Specific
Use Permit (SUP). • On September 24, 2008 the applicant made a presentation to the Commission of the proposed development showing renderings of similar developments. • On October 8,
2008 this case was heard by the Planning and Zoning Commission and it was recommended for approval with conditions. • The final plat on this property was approved on December 12, 2007.
• Proposed Use: Self-Storage facility and office/warehouse. • Existing Use /Site Attributes: Undeveloped. • Special District: The subject property is not located in any special districts.
• County: This property is located in Comal County. • Drainage: This site will be providing drainage grates to an underground channel that releases into an offsite detention pond. ADJACENT
ZONING /LAND USE: North: Zoned GB/undeveloped East: Zoned GB/Walgreens Pharmacy South: Zoned GB/Manufactured Home Park West: Zoned GB/undeveloped Item 4-Arrington SUP-Cover Memo.doc
City Council Memorandum Page 2 Item 4-Arrington SUP-Cover Memo.doc STAFF REVIEW AND ANALYSIS: This is a request to allow a Self Storage facility and office/warehouse in the General Business
District (GB). Article IV Permissible Uses, Section 5 Land Use Chart of the Unified Development Code requires a Specific Use Permit for the use of a Self Storage facility in the General
Business District (GB). UDC Article 5, Section 1 The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due
to their location, functional or operational nature, could have a potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted
by further restricting or conditioning them so as to eliminate such probable negative impacts. UDC Article 5, Section 2.2 The City Council may impose additional reasonable restrictions
or conditions to carry out the spirit and intent of the UDC and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open
space loading and parking requirements, suitable landscaping and additional improvements such as curbing and sidewalks. The applicant is proposing to construct a 3-story climate controlled
structure which also contains an 1800 square foot office; 1,125 square feet for three (3) rentable offices with associated storage/warehouse space and 359 climate controlled storage
units in the 3-story structure. Additionally, on site they are proposing 148 outdoor storage units; 16 spaces for storage of RV’s, boats, vehicles, comprising a total of seven (7) additional
structures. Landscaping: The applicant has submitted a landscape plan that includes Live Oak, Nuttall Oak, Pampas Grass, Dwarf Oleander and Dwarf Fountain grass. All landscaped areas
will contain an automatic irrigation system. The proposed landscaping does not meet the requirements of UDC because the tree calculations are proposed at caliper inches instead of diameter
at breast height (DBH), as stipulated in the UDC. Tree mitigation will be assessed at $4,968. FLOOD-No portion of the proposed development is affected by the 100-year floodplain. Parking:
As there are no parking provisions under the current UDC for a self storage facility; the city staff has requested that the applicant provide parking according to the proposed UDC as
this can be approved as part of the Specific Use Permit. Staff requested that the applicant consider adding more parking spaces in front of the main building to accommodate for the parking
of the leased office/warehouse spaces; however, this was not addressed in the resubmittal. The required number of parking spaces for the self storage facility and associated office use
is 37 spaces. The site plan delineates 37 spaces. There is a concern with the location of the 13 spaces located in an area shown as “Future ROW”. The plat that was approved for this
site identifies this area as future right of way. When staff met
City Council Memorandum Page 3 Item 4-Arrington SUP-Cover Memo.doc with the applicant’s architect we discussed this. However, the re-submittal did not address this concern. Signs: This
site does not front directly on IH-35 or FM-1103 although, the front of the building faces IH-35; therefore signage has been reviewed according a limited access area. The applicant is
requesting an 84 square foot sign and is allowed a maximum of 250 square feet. The secondary sign is permitted at a maximum of 25% of the primary sign which calculates to a 21 square
foot secondary sign. The applicant is requesting a 57.6 square foot secondary; therefore the sign and does not meet the requirements of the UDC. CONSIDERATION: The City Council must
determine whether the applicant has provided proper measures in which to mitigate potential adverse impacts to surrounding properties and uses. Should
the Commission choose to recommend approval, the Commission may want to consider the following for possible mitigation: 1. Construction of a masonry wall 6 to 8 feet in height around
entire perimeter of property; 2. 15 foot open space/landscaping buffer around perimeter of the property, outside of masonry wall; 3. Increase landscaping in this 15 foot buffer with
evergreen trees, shrubs and planting beds; 4. Remove the parking spaces in the area shown as “Future ROW and relocate spaces elsewhere on the site. FISCAL IMPACT None RECOMMENDATION
At the October 8, 2008 Planning and Zoning Commission meeting, Commissioner Evans moved to forward to City Council a recommendation to approve the above requested SUP with the following
conditions: 1. Provide wrought iron fencing where no building abuts property line. 2. Provide living landscape Screen and/or berm in areas that abut outside perimeter to provide concealment.
3. To Restrict hours of operation 6AM to 10PM 4. No rotating sign allowed and add a note to site plan that states, “Signage will comply with current UDC at time of application sign building
permit.” 5. Provide a note on the site plan that states “that an “emergency exit will be provided (by property owner) when the future right-of-way is constructed at the south of the
property”. 6. Remove the 13 parking spaces as identified in the “Future Right-of-Way Reservation” and add landscaping in this area. 7. Any vehicle storage will be restricted to Building
E. The applicant’s representative stated that there are some of these conditions that cannot be met. Commissioner Sommers seconded the motion. Vote unanimous The applicant has made the
following changes:
City Council Memorandum Page 4 Item 4-Arrington SUP-Cover Memo.doc 1. Provided a wrought iron fence identified in various areas around the perimeter of the site. (See sheet 2.1) 2. Provided
a living landscape screening consisting of 264 Wax Leaf Ligustrum shrubs for areas that abut outside perimeter to provide concealment. (See sheet 2.4.2) 3. The owner understands that
the self storage facility is restricted to the 6AM to 10 PM hours of operation. (Staff has requested in writing that the owner agrees to this restriction.) 4. A note has been added that
to the site plan states, “Signage will comply with current UDC requirements at time of building application.” (See sheet 2.1) 5. Sheet 2.7 was added to the site plan that provides an
emergency exit that will be constructed (by property owner) when the future right-of-way is constructed at the south of the property. 6. Removed the 13 parking spaces as identified in
the “Future Right-of-Way Reservation” and add landscaping in this area. (See sheet 2.1) 7. The owner understands that any vehicle storage will be restricted to Building E. (Staff has
requested in writing that the owner agrees to this restriction.) Pursuant to the recommendation of the Planning and Zoning Commission, staff recommends Council approve with above mentioned
conditions Ordinance No.08-S-49 on first reading. Public Hearing Notice: The public hearing notice was published in “The Daily Commercial Recorder” on August 20, 2008 and in the “Herald”
on September 26, 2008. Five (5) notices were mailed to surrounding property owners on September 29, 2008. Reply notices are as followed: Favor: None Opposed: None Undecided: None Return
to Sender: None City Council schedule is as follows: DATE ITEM ACTION Tuesday, October 21, 2008 Zoning Public Hearing and First Reading of Ordinance. Tuesday, October 28, 2008 Zoning
Final Reading of Ordinance. Attachments: Documentation back up Exhibit A and B Proposed ordinance
ORDINANCE NO. 08-S-49 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY GRANTING A SPECIFIC USE PERMIT
AND ASSOCIATED SITE PLAN FOR 2.820± ACRES OF LAND BEING ALL OF LOT 6, BLOCK 1, HUBERTUS RETAIL SUBDIVISION COMAL COUNTY, SCHERTZ, TEXAS TO ALLOW A SELF STORAGE FACILITY IN THE GENERAL
BUSINESS DISTRICT (GB); PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE;PROVIDING A SERVABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. WHEREAS, Arrington Self Storage of Schertz,
has applied for a Specific Use Permit for approximately 2.820 acres of land described in Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”)
for a Self Storage Facility. WHEREAS, on October 8, 2008 the Planning and Zoning Commission conducted a public hearing and determined that this request was in the interest of the public
safety health, and welfare and recommended approval of the requested Specific Use Permit; NOW, THEREFORE, THE CITY COUNIL OF THE CITY OF SCHERTZ HEREBY ORDAINS: SECTION I “Granting a
Specific Use Permit for 2.820± acres of land being all of Lot 6 Block 1, Hubertus Retail Subdivision, Comal County, Schertz, Texas to allow a Self Storage Facility in the General Business
District (GB) more particularly described in the Field Notes and Map, attached hereto as Exhibit “A”-Specific Use Permit and Exhibit “B” -Site Plan”. SECTION II The Official Zoning Map
of the City of Schertz described and referred to in Article III, of the UDC, Ordinance No. 96-S-28 shall be changed to reflect the above amendments. SECTION III This Ordinance shall
include the following Conditions for the Arrington Self Storage Facility as recommended by the Planning and Zoning Commission and approved by the City Council; SUP2008-031A ORD. # 08-S-49
1. Provide Wrought iron fencing where no building abuts property line. 2. Provide Living landscape Screen and/or berm in areas that abut outside perimeter to provide concealment. 3.
To Restrict hours of operation 6AM to 10PM 4. That No rotating sign allowed and add a note to site plan that states, “Signage will comply with current UDC at time of application sign
building permit.” 5. Provide a note on the site plan that states “that an “emergency exit will be provided (by property owner) when the future right-of-way is constructed at the south
of the property”. 6. Remove the 13 parking spaces as identified in the “Future Right-of-Way Reservation” and add landscaping in this area. 7. That any vehicle storage will be restricted
to Building E. SECTION IV This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City of Schertz
and the laws of the State of Texas SECTION V This ordinance shall be cumulative of all other ordinances ordinances of the City of Schertz, and this ordinance shall not operate to repeal
or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event
such conflicting provisions, if any, are hereby repealed. SECTION VI The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid
phrase, clause, sentence, paragraph or section. SECTION VII Any person, firm, association of persons, corporation or other organization violating the provisions of this ordinance shall
be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offence.
SUP2008-031A ORD. # 08-S-49
SUP2008-031A ORD. # 08-S-49 Approved on first reading the 21th day of October, 2008. PASSED, APPROVED AND ADOPTED the 28th day of October, 2008. ____________________________________
Mayor, City of Schertz, Texas ATTEST: ________________________________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY)
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: October 21, 2008 Department: City Council Subject: Boards and Commissions Appointments/reappointments/Resignations BACKGROUND
The City Council will consider action regarding the resignation of Mr. John Correu from the Historical Preservation Commission as well as consider the appointment of Mr. Earl Sawyer
to the Historical Preservation Commission. FISCAL IMPACT None RECOMMENDATION It is recommended that the City Council ratify the resignation of Mr. John Correu from the Historical Preservation
Commission and appoint Mr. Earl Sawyer. ATTACHMENTS Resignation: John Correu Application: Earl Sawyer