04-02-2024 MinutesMINUTES
REGULAR MEETING
April 2, 2024
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April
2, 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 City Manager Steve Williams; Deputy City Manager Brian James; Assistant City
present: Manager Sarah Gonzalez; City Attorney Daniel Santee; City Secretary Sheila
Edmondson; Deputy City Secretary Sheree Courney
Call to Order
Mayor Gutierrez called the meeting to order at 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Councilmember Gibson)
Mayor Gutierrez recognized Councilmember Gibson 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 sonzalez@schertz.com.
Presentations
• TMLI Award of Leadership -City of Schertz (presented by Councilmember Heyward)
Mayor Gutierrez recognized Councilmember Heyward who presented the Texas
Municipal League Institute (TMLI) Award of Leadership to Mayor Gutierrez and City
Manager Steve Williams. This award was presented to the City of Schertz for
recognizing the importance of continuing education to the enhancement of local
governance by investing in training of elected leaders through TMLI 2023 for the 5 years
of certified municipal officer training received by Councilmember Heyward.
Proclamations
• National Library Week -April 7-13, 2024 (Mayor Gutierrez)
Mayor Gutierrez presented the National Library Week - April 7-13, 2024 Proclamation to
Library Director Melissa Uhlhorn.
• Crime Victims' Rights Week -April 21-27, 2024 (Councilmember Westbrook)
Councilmember Westbrook presented the Crime Victims' Rights Week - April 21-27,
2024 Proclamation to Michele Meehan of Guadalupe County Children's Advocacy
Center; Reghan Thibodeaux, Ashton Story, and Dianne Chambers of Thriving Hearts
Crisis Center; Crime Victims' Liaison Heather Davis of the Schertz Police Department;
and Crime Victims' Liaison Krista Taylor of the Cibolo Police Department.
• Sexual Assault Awareness Month -April 2024 (Councilmember Heyward)
Councilmember Heyward presented the Sexual Assault Awareness Month - April 2024
Proclamation to Michele Meehan of Guadalupe County Children's Advocacy
Center; Reghan Thibodeaux, Ashton Story, and Dianne Chambers of Thriving Hearts
Crisis Center; Crime Victims' Liaison Heather Davis of the Schertz Police Department;
and Crime Victims' Liaison Krista Taylor of the Cibolo Police Department.
• Child Abuse Prevention & Awareness Month -April 2024 (Councilmember Brown)
Councilmember Brown presented the Child Abuse Prevention & Awareness Month -
April 2024 Proclamation to Michele Meehan of Guadalupe County Children's Advocacy
Center; Reghan Thibodeaux, Ashton Story, and Dianne Chambers of Thriving Hearts
Crisis Center; Crime Victims' Liaison Heather Davis of the Schertz Police Department;
and Crime Victims' Liaison Krista Taylor of the Cibolo Police Department.
• Military Child Month -April 2024 (Councilmember Gibson)
Councilmember Gibson presented the Military Child Month - April 2024 to Ms. Andrea
Seelbinder (retired Army) and her son Parker.
Employee Recognition
Mayor Gutierrez recognized City Department Heads who introduced new staff:
• Engineering: Robert Walker -Associate Engineer
• Police: Maria Hartman -Public Safety Communications Officer
The following staff will be introduced at the first Regular City Council Meeting in May:
• Municipal Court -Samantha Caballero -Deputy Court Clerk
• Public Works -Streets: Harris Atilano-Street Maintenance Worker I
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City Events and Announcements
• Announcements of upcoming City Events (B. James/S. Gonzalez)
Mayor Gutierrez recognized Deputy City Manager Brian James who provided the
following:
Saturday, April 6 and Sunday, April 7
2024 Great Texas Air Show
JB SA -Randolph
Gates open at 9:00 a.m.
Performances begin at 11:00 a.m.
U.S. Air Force Thunderbirds scheduled to perform at 3:00 p.m.
Saturday, April 13
Nature Discovery Series - Discover Impressive Insects
Crescent Bend Nature Park
9:30 a.m. - 10:30 a.m.
Sunday, April 14
Movin' on Main
Main Street
12:00 p.m. - 4:00 p.m.
Tuesday, April 16
Next Regularly Scheduled City Council Meeting
Council Chambers
• Announcements and recognitions by the City Manager (S.Williams)
Mayor Gutierrez recognized City Manager Steve Williams, who provided the following:
Employee Promotions:
• Coyle French promoted to Drainage Worker II
• Jessica Dycus to Assistant Finance Director
• Jennifer Villarreal to F/T Paramedic
As part of the Classification and Compensation Study, several departments were
recommended for Level II or Senior positions to create development paths in specific
career areas. As a result, Human Resources has worked with these departments to
finalize a Job Progression Program for those identified positions. Below are the
individuals promoted as part of this progression program:
• Lizzi Bertoia, April Toman, and Stephanie Barbosa to Senior Librarian
• Jessica Wheless to Library Assistant
• Eric Schulze to Senior Engineer
• John Nowak to Assistant City Engineer
• Dylan Sandberg to Journeyman Plumber
• Oscar Medina and Bryan Jackson to Senior IT Support Specialist
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• Stephen Gillard to Fleet Mechanic II
• Mike Walkden to Senior Financial Analyst
• Cole Moody and Ian King to Park Maintenance Technician II
Other notable recognitions:
Congratulations to Cole Moody and Larry May from Parks and Recreation Department,
who placed 4th in the Truck and Trailer competition at the Texas Recreation & Parks
Society (TRAPS) State Maintenance Rodeo in Galveston on February 27th. 53 teams
participated in this year's event. Ian King competed in the Backhoe competition, but fell
short of the podium. Great job representing Schertz!
Congratulations to three Schertz employees who were recently appointed to leadership
positions in the Texas Recreation & Parks Society (TRAPS)! Parks Director Lauren
Shrum was sworn in as the Central Region Director for the TRAPS Board of Directors,
Recreation Manager Cassie Paddock was sworn in as the Chair of the Future & Young
Professionals Branch of TRAPS, and Recreation Coordinator Sydney Paredes was sworn
in as Central Region Representative of the Future & Young Professionals Branch.
Happening in the City:
The Schertz-Cibolo-Selma Lions Club, in partnership with the City and HEB, hosted the
12th annual Easter in the Park event on Saturday, March 30th. There were 376 children
registered for the age -appropriate egg hunts as well as food, vendors, and other activities
for kids of all ages. Total attendance at the event was estimated at 1,000.
• Announcements and Recognitions by the Mayor (R.Gutierrez)
Mayor Gutierrez congratulated City staff on their promotions and new positions.
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 -Tern Macaluso recognized the following residents:
Taurean Washington, 1029 Silvertree Blvd., who initroduced himself as a new resident and
business. He's a visual artist and entrepreneur. He will be showcasing his art and business at
the Schertz Library, Movin' on Main, JBSA-Randolph for the Air Show, JBSA base exchanges,
and doing classes for K-12 through Schertz Parks and Rec.
Maggie Titterington, 1730 Schertz Parkway, who serves as Chair of the Schertz Historical
Preservation Committee (SHPC) provided an update on news and upcoming events:
• There are two new committee members and one that will be interviewed next week.
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• The Committee has created a brief strategy plan for things they'd like to do.
• July 26 at 7:00 p.m. - SHPC is partnering with Schertz Parks and Rec for the Movies in
the Park at Cypress Point Park. They will be doing a historical trivia night (facts about
Schertz) with prizes donated by Whataburger in Schertz.
• October - Historical Scavenger Hunt. Using a map of Schertz, 15 areas with buildings
that have historical value and are adding to the history of Schertz. Maps will be available
at the Visitors Center. More information will be printed in the Schertz Magazine in the
months to come.
• SHPC is still seeking more committee members, as well as old Schertz photos or people
that want to share video memories. SHPC wants to preserve the history of the city by
possibly creating a video montage to play at an event. More information is available at
Schertz.com.
Mayor Pro-Tem Macaluso recognized the following residents who spoke in opposition to
Ordinance 24-5-08, a request to rezone approximately 44.3 acres of land from Single -Family
Residential District (R-2) to Planned Development District (PDD), known as Guadalupe
County Property Identification Number 6460, located approximately 78 feet south of the
intersection of Savannah Drive and Irish Creek Road, City of Schertz, Guadalupe County,
Texas:
• Mark Rivera, 220 Stampede Ranch
• Phil Jackson, 3410 Wimbledon Drive
• Heather Jackson, 3410 Wimbledon Drive
• John P. Clark, 347 Rustic Willow
• Carol Davis, 3337 Wimbledon Drive
• Sheila Jolly, 3001 Casillero Street
• Brenda Rich, 3609 Lazy Diamond
• Richard Maus, 3434 Wimbledon Drive
• Stephanie Hayes, 3625 Sunglade Ranch
• Richard Horne, 427 Rustic Willow
• James Price, 3509 Big Horn Trail
• Kip Holmstead, 3560 Irish Creek Road
• Brad Parker, 323 Rustic Willow
• David Estrada, 3557 Irish Creek Road
• Barbara Wargo, 3513 Blue Moon Spur
• Amy Cappielo, 368 Silver River
Reasons for opposition included traffic, detract from value of single-family homes, developer
misrepresentation in the application, lessens quality of life, density, infrastructure at capacity,
low water pressure will get worse, and safety of children.
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 March 19, 2024. (S.Edmondson/S.Coumey)
2. Appointment/Reappointment For
Boards/Commissions/Committees (S.Edmondson)
• Reappointments
Mark Penshorn - Capital Improvement Advisory Committee
Bryan L. Jones - Capital Improvement Advisory Committee
3. Resolution 24-R-33 - Accepting the semi-annual report on the progress of the Capital
Recovery Capital Improvements Plan (B.James/K.Woodlee)
4. Resolution 24-R-37 - Authorizing the City Manager to execute the application for
Firehouse Subs Public Safety Foundation grant program for lifesaving equipment.
(S. Williams/G.Rodgers)
5. Resolution 24-R-38 - Authorizing the City Manager to execute the application for
Urban Area Security Initiative - Regular Projects (UASI-R) grant program for eligible
activities. (S.Williams/G.Rodgers)
6. Ordinance 24-5-06 - Approving amendments to the City of Schertz Comprehensive
Plan. Final Reading (B.James/L.Wood/S.Haas)
7. Resolution No. 24-R-39 - A resolution authorizing the lease of property at
11958 Schaefer Road to SER Construction Partners, LLC
(B.James/K. Woodlee/E. Schulze)
8. Resolution 24-R-30 - Authorizing the approval of a GVEC Utility Cooperative
Agreement for the Main Street Improvements Project (B.James/K.Woodlee/J.Nowak)
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 - 8.
Moved by Councilmember Allison Heyward, seconded by Mayor Pro-Tem Paul
Macaluso
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
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Public Hearings
9. Ordinance 24-A-10 - Conduct a public hearing and consider 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. First Reading (B.James/L.Wood/D.Marquez)
Mayor Gutierrez recognized Planner Daisy Marquez who explained Ordinance
24-A-10 is a petition for voluntary annexation of approximately 7.7 acres and provided
the location of the subject property. HLH Development is requesting voluntary
annexation because they desire to be located within the Schertz city limits, and they
desire to develop the. subject property in accordance with Single -Family Residential
District (R-1) for approximately 19 residential lots. She stated that City Council
accepted Resolution 24-R-07 on February 20, 2024, which initiated the annexation
process. The accompanying zone change application was heard at the March 6, 2024
Planning and Zoning Commission Meeting. A Public Hearing Notice was published in
the San Antonio Express News on March 13, 2024. Staff recommends approval of
Ordinance 24-A-10 accepting the petition for voluntary annexation of approximately
7.7 acres.
Mayor Gutierrez opened the Public Hearing at 7:34 p.m.
No residents came forward to speak.
Mayor Gutierrez closed the Public Hearing at 7:35 p.m.
Mayor Gutierrez opened the floor to Council for discussion. No discussion occurred.
Mayor Gutierrez asked for a motion to approve Ordinance 24-A-10.
Moved by Councilmember Mark Davis, seconded by Councilmember Michelle
Watson
AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Tiffany Gibson,
Councilmember Robert Westbrook, Councilmember Tim Brown
Other: Councilmember Allison Heyward (ABSENT)
Passed
10. Ordinance 24-S-09- Conduct a public hearing and consider 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. First
Reading (B.James/L.Wood/D.Marquez)
Mayor Gutierrez recognized Planner Daisy Marquez who provided a briefing
regarding the request to rezone approximately 7.7 acres of land to Single -Family
Residential District (R-1): Hallies Court at Hallies Cove. She provided the location of
the subject property, that the property is currently under development agreement
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Delayed Annexation (DVL), 23 public hearing notices were sent February 21, 2024, a
public hearing notice sign was posted on the property, a public hearing notice was
published in the San Antonio Express -News on March 13, 2024, and 8 responses have
been received all in opposition of the proposed rezone. The Planning and Zoning
Committee held a public hearing on March 6, 2024, and made a recommendation for
approval with a 4-2 vote. As of March 27, 2024, at 12:00 p.m., 16.42% of the
landowners within the 200' notice area have sent written opposition. Therefore, only a
simple majority is required for Council to approve this request.
Mayor Gutierrez opened the Public Hearing at 7:44 p.m.
No residents came forward to speak.
Mayor Gutierrez closed the Public Hearing at 7:44 p.m.
Mayor Gutierrez opened the floor to Council for discussion. No discussion occurred.
Moved by Councilmember Tiffany Gibson, 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
11. Ordinance 24-S-11 - Conduct a public hearing and consider 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. First Reading (B.James/L.Wood/D.Marquez)
Mayor Gutierrez recognized Planner Daisy Marquez who provided a briefing
regarding the request to rezone approximately 3.6 acres of land from Single -Family
Residential District (R-1) to Neighborhood Services (NS). She provided the location
of the subject property, 44 public hearing notices were sent February 21, 2024, a
public hearing notice sign was posted on the property, and 13 responses have been
received - 9-Opposition, 3-In Favor, and 1-Neutral. The Planning and Zoning
Committee held a public hearing on March 6, 2024, and made a recommendation for
approval with a 6-0 vote. As of March 27, 2024, at 12:00 p.m., 11.75% of the
landowners within the 200' notice area have sent written opposition. Therefore, only a
simple majority is required for Council to approve this request. The proposed zone
change to NS per the letter of intent is to expand the Kellum Development.
Mayor Gutierrez recognized Patrick Christensen, 315 East Commerce, attorney
representing the applicant, who stated that the Single -Family Residential zoning on
FM 3009 is not appropriate for the subject property. NS designation will allow for the
expansion of the existing medical offices.
Mayor Gutierrez opened the Public Hearing at 7:52 p.m.
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No residents came forward to speak.
Mayor Gutierrez closed the Public Hearing at 7:53 p.m.
Mayor Gutierrez opened the floor to Council for discussion. No discussion occurred.
Mayor Gutierrez asked for a motion to approve Ordinance 24-S-11.
Moved by Councilmember Michelle Watson, seconded by Councilmember Allison
Heyward
AYE: Mayor Pro -Tern Paul Macaluso, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Tiffany Gibson,
Councilmember Robert Westbrook, Councilmember Allison Heyward,
Councilmember Tim Brown
Passed
12. Ordinance 24-S-15 - Conduct a public hearing and consider 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. First
Reading.(B.James/L. Wood/E.Delgado)
Mayor Gutierrez recognized Planning Manager Emily Delgado who provided a
briefing outlining the proposed 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. She stated this amendment is specifically for the
Public Use District or PUB height requirements. She explained that the Resurrection
Baptist Church located at 1002 Live Oak Road is zoned Public Use District (PUB) and
they want to do a remodel expansion. As part of the expansion, they want to add a
church steeple, but the maximum height permitted in the PUB zoning district is 35',
which is not sufficient for the steeple. Other property owners, including the City of
Schertz, have run into the same maximum height issue. There are 70 parcels in the
city with PUB, 64 - Government/Civic Use, 5 places of worship, and 1 private citizen
in Crescent Bend Park. On March 27, 2017, the Board of Adjustments granted a
variance to the PUB height requirements for Samuel Clemens High School to build a
new auditorium to reach 56', and on May 21, 2018, they granted a variance to build the
Ray Corbett Elevated Water Storage Tank to reach 225'. Staff is proposing to
eliminate the maximum height requirement for the PUB and to add 'e' to all of the
commercial zoning districts which states approval of a specific use may be
conditioned upon modifications to the dimensional requirements. Two other sections
that are proposed to be modified under Article 9 for clean up. Under Section 21.9.3 -
Lots, the current UDC states that we want front and side building setback lines to be
shown on all plats, when in practice, we actually ask for those to be removed as
building setback lines are memorialized by the zoning district and shouldn't be on a
recorded plat document. In Section 21.9.12 - Site Plan Process cleanup is based on the
specific use permit change that happened a couple of months ago, eliminating the site
plan requirement. This section was missed when that UDC amendment happened.
Staff recommends approval of Ordinance 24-S-15. Article 9 clean up is necessary for
UDC consistency and the PUB height requirement elimination will align with previous
adopted policies and make municipal/civic functions easier.
Mayor Gutierrez opened the Public Hearing at 7:57 p.m.
No residents came forward to speak.
Mayor Gutierrez closed the Public Hearing at 7:57 p.m.
Mayor Gutierrez opened the floor to Council for discussion. No discussion occurred.
Mayor Gutierrez asked for a motion to approve Ordinance 24-S-15.
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
13. Ordinance 24-S-16 - Conduct a public hearing and consider amendments Part III of
the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 5 -
Zoning District and Article 16 - Definitions. First
Reading (B.James/L.Wood/E.Delgado)
Mayor Gutierrez recognized Planning Manager Emily Delgado who provided a
briefing outlining the proposed amendments to Part III of the Schertz Code of
Ordinances Unified Development Code (UDC) to Article 5 - Zoning District and
Article 16 - Definitions. She stated this amendment is specifically in relation to mini
warehouse public storage and land use. She explained that the City has received a
growing interest for self -storage facilities located within the General Business District
across the city. So, staff is proposing a new use to control the style and nature of these
developments. Currently, the UDC has a land use called mini warehouse public
storage with a definition of buildings containing separate individual self -storage units
for rent or lease. The conduct of sales, business, or any activity other than storage shall
be prohibited within any individual storage unit. However, there is a trend in the
self -storage industry which offers a product of greater architectural and construction
standards and in some cases offers a mixture of uses. Schertz has seen a similar
product at 21586 IH 35 N, in the Hubertus Retail Subdivision, the current CubeSmart
self -storage facility. As there is demand for self -storage in the real estate market, and
Schertz has been amenable to mixed -use storage facilities in the past, staff is proposing
to amend the UDC to create a new mixed -use self -storage land use. Mixed -Use
Self -Storage will be a climate -controlled building(s) containing ground floor retail,
service, or office space with separate, individual self -storage units for rent or lease.
The conduct of sales, business, or any activity other than storage shall be prohibited
within the individual storage units. Such building(s) shall be a minimum of 45-feet.
Staff recommends approval of Ordinance 24-S-16.
The Planning and Zoning Committee met on March 6, 2024, and recommended
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approval with a 6-0 vote.
Mayor Gutierrez opened the Public Hearing at 8:02 p.m.
No residents came forward to speak.
Mayor Gutierrez closed the Public Hearing at 8:02 p.m.
Mayor Gutierrez opened the floor to Council for discussion. No discussion occurred.
Mayor Gutierrez asked for a motion to approve Ordinance 24-S-16.
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
14. Councilmember Gibson requested a Point of Privilege.
Mayor Gutierrez granted a recess at 8:04 p.m.
Mayor Gutierrez reconvened the meeting at 8:11 p.m.
Ordinance 24-S-17 - Conduct a public hearing and consider amendments to Part III of
the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 5 -
Zoning District. First Reading (B.James/L.Wood/E.Delgado)
Mayor Gutierrez recognized Planning Manager Emily Delgado who provided a
briefing outlining the proposed amendments to Part III of the Schertz Code of
Ordinances Unified Development Code (UDC) to Article 5 - Zoning District. She
stated this amendment is specifically for automobile sales. The proposal is for
automobile sales new or used to be permitted by right in M-1, M-2, and GB-2.
Moving GB-2 from requiring the SUP to permitting by right, and allowing
for someone to request an SUP for automobile sales within the General Business (GB)
district with some caveats there would be limited uses added into the Unified
Development Code which would state automobile sales within the City of Schertz
shall have the following limited uses: (1) no automobile sales within three miles of
another automobile sales (property line to property line); (2) no automobile sales shall
be within 250' of any single-family residential zoning or use; and (3) automobile sales
uses are required to have automobile repair major as an accessory use. Staff feels
current UDC regulations are sufficient for automobile sales. The proposed
amendments do not align with city policies and goals. The amendments open the
possibility for automobile sales to be closer to residential uses, which staff believe to
be counter to healthful development. General Business districts (GB) tend to be high
value -high visibility, commercial real estate. Automobile sales are prevalent in the
wider regional market and permitting them would not be an efficient use of land in
Schertz. Staff drafted these amendments as a path forward in the event Council is
open to the idea of allowing greater potential for automobile sales. However,
staff recommends denial of Ordinance 24-S-17.
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The Planning and Zoning Commission met on March 6, 2024, and recommended
approval with a 6-0 vote with the condition that one limited use be "250 feet from
single-family residential zoning or use". Staff originally proposed all residential
zoning or use. This requested change by Planning and Zoning allows for automobile
sales to be adjacent to multi -family zoning districts.
Mayor Gutierrez recognized Ken Brown, 100 NE Loop 410, Suite 1385, attorney for
the applicant. Mr. Brown reminded Council of his previous appearance in September
2023 whereby the applicant requested the change to General Business-2 and to approve
the SUP for an automobile dealership, and there was concern that changing the base
district to GB-2 with a vacant piece of property and the applicant didn't follow through
with their intended plan for the property would allow certain industrial uses that were
inconsistent with the surrounding uses and was not favored by the council. He stated
that at that time they agreed that they didn't feel like an automobile dealership is an
industrial use and they were supportive of working with staff to come up with an
amendment such as this. His client, North Park, still has the property which is 5 acres
right on the boundary of Schertz city limits and Selma, which is a unique situation.
They still want to build a luxury dealership on this site and he asked Council to
support this ordinance.
Mayor Gutierrez opened the Public Hearing at 8:19 p.m.
No residents came forward to speak.
Mayor Gutierrez closed the Public Hearing at 8:19 p.m.
Mayor Gutierrez opened the floor to Council for discussion.
Councilmember Heyward is not amenable to having an automobile dealership in this
location. She would prefer a restaurant. The things that Schertz needs, such as new
roads or road repairs, require revenue, and the City doesn't receive any revenue from
automobile sales. She was also concerned with having an automobile dealership in
close proximity to any residential zoning district.
Mayor Gutierrez stated Schertz has about six miles of property along I-35. This
property is prime real estate for the City and revenue -generating businesses are a
priority for this council for the frontage road.
Councilmember Brown concurs with Councilmember Heyward. He does not want an
automobile dealership at the entrance of the city.
Mayor Gutierrez asked for a motion to approve Ordinance 24-S-17.
Moved by Councilmember Michelle Watson, seconded by Councilmember Mark
Davis
AYE: Councilmember Mark Davis, Councilmember Michelle Watson,
Councilmember Tim Brown
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NAY: Mayor Pro-Tem Paul Macaluso, Councilmember Tiffany Gibson,
Councilmember Robert Westbrook, Councilmember Allison Heyward
Failed
15. Ordinance 24-S-14 - Conduct a public hearing and consider 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. First Reading( B.James/K.Woodlee/J.Nowak)
Mayor Gutierrez recognized City Engineer Kathy Woodlee who provided a briefing
outlining the proposed 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. Ms. Woodlee stated
that some sections of the UDC conflict with other documents, such as the Master
Thoroughfare Plan; the Public Works Design Guide; and Local Government Code.
Some of the language is ambiguous, making it difficult to apply to different situations.
Some sections have not been updated and are out of date with current practices and/or
with Local Government Code. This Ordinance addresses amendments for 15 sections
of the UDC.
• Section 21.1.10 - Development Manual: this amendment adds language required
by the new Local Government Code regulations related to posting of the manual.
• Section 21.1.11 - Public Works Specifications Manual: this amendment adds
language required by new local Government Code regulations related to Council
approval of amendments.
• Section 21.4.2 - Initiation of Application: this amendment removes Public Works
as a separate certifying department and matches language that conflicted with
another UDC section.
• Section 21.4.11 - Utility Service Extension: this amendment removes City's
authority to require annexation as a condition of approval of utility service to a
property already within the City's CCN (where the City is already obligated to
provide service); explicitly adds a requirement for a formal request for Utility
Service Extension if project is not required to plat; and adds requirement for
applicant to process CCN transfer, update service area map, and amend the CIP.
• Section 21.4.14 - Appeals: this amendment updates time frames to comply with
Local Government Code limitations.
• Section 21.4.15 - Public Infrastructure Improvements, Construction Plans, and
Improvements Agreements: this amendment adds limitation of extensions of
construction plan approvals to no longer than plat extension; adds a requirement
for electric utilities to be installed prior to plat recordation; and adds reference to
Public Works Specifications Manual.
Assistant City Engineer John Nowak addressed the following amendments:
• Section 21.14.1 - Streets: these amendments will increase clarity, reduce intended
exclusions based on interpretatins, and correctly identify some documents.
• 21.14.1 (e): this paragraph was changed to remove an internal conflict and
update the cul-de-sac requirements to accommodate emergency vehicles.
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• 21.14.1 (f): this paragraph was changed as the information is contained in
other documents incorporated by reference.
• 21.14.1 (h): this paragraph was changed to reflect the current procedure for
street naming and addressing.
• 21.14.1 (n - p): these paragraphs were changed, so they do not conflict with
other documents and to clarify the difference between "islands" and
"medians."
• 21.14.1 (s): this paragraph was changed to improve the lighting
requirements.
• 21.14.1 (t): this paragraph was changed to reflect current practice.
• Section 21.14.3 - Additional Design Requirements: this amendment removed
some paragraphs that are not transportation items and are contained elsewhere in
the UDC, and provides clarification on which roadways this section applies to.
• Section 21.14.5 - Driveways: this amendment removes conflicts with other
documents and specifies driveways on state facilities need to meet TXDOT
requirements.
• Section 21.14.6 - Sidewalks and Hike and Bike Trails: this amendment clarifies
the minimum sidewalk width, removes conflicts with other documents, and
references other documents where the standards are.
• Section 21.14.7 - Traffic Impact Analysis: this amendment explicitly states some
additional analysis items the City can request be included in the TIA, closes some
"loopholes" in the current requirements, makes mitigation efforts more "roughly
proportional" in some situations, and makes our requirements more consistent
with other City requirements.
• Section 21.14.8 - Precedence: new section recommended by our legal team to
address conflicts between UDC and other documents.
Mr. Nowak explained the difference between "islands" and "medians". "Islands"
are more scenic with no designated function related to traffic control, whereas
"medians" have a designated function in the control of traffic.
The proposed amendments promote the health, safety, and/or general welfare of the
City and the safe, orderly, efficient and healthful development of the City.
Well -organized infrastructure systems are essential in promoting health, safety, and
welfare. The UDC functions more effectively and efficiently when it more closely
aligns with State laws (the Local Government Code). Staff recommends approval of
these amendments because they remove conflicts between the UDC and other
documents, update some standards to be current with common engineering practices,
and improve some of the technical requirements to better fit our community. They
would also help align the UDC better with the Local Government Code.
Mayor Gutierrez opened the Public Hearing at 8:42 p.m.
The following resident spoke:
Richard Maus, 3434 Wimbledon Drive, stated this ordinance addresses many of the
items that have been discussed. Having the developer pay for the cost of increased
traffic for all these different issues.
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No other residents spoke.
Mayor Gutierrez closed the Public Hearing at 8:43 p.m.
Mayor Gutierrez requested clarification on "islands" vs "medians" as a standard vs a
preference. Mr. Nowak explained that islands are usually brought forward by the
developer because they want to have a certain look to the entrance to their
development. There is no technical need or reason for it. From City Staff perspective,
they don't recommend islands. They are only concerned with medians to ensure safe
arterials for traffic especially in high traffic volume areas.
Mayor Gutierrez opened the floor to Council for discussion.
No discussion occurred.
Mayor Gutierrez asked for a motion to approve Ordinance 24-S-14.
Moved by Mayor Pro-Tem Paul Macaluso, 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. Ordinance 24-S-12 - Conduct a public hearing and consider a request to rezone
approximately 11.7 acres of land from General Business District (GB) to General
Business District -2 (GB-2), known as Comal County Property Identification Numbers
78053 and 116266, Guadalupe County Property Identification Numbers 68327, 68329,
114080, and 114082 generally located 500 feet west of the intersection of FM 2252
and IH-35 Frontage Road, City of Schertz, Guadalupe and Comal County, Texas. First
Reading (B.James/L.Wood/D.Marquez)
Mayor Gutierrez recognized Planner Daisy Marquez who provided the location of the
subject property, that 7 public notices were sent February 21, 2024, two public
hearing notice signs were posted on the property, a public hearing notice was
published in the San Antonio Express -News on March 13, 2024, and no responses
have been received at this time.
The applicant is proposing to rezone approximately 11.7 acres from General Business
District (GB) to General Business District-2 (GB-2). Approximately 4 acres of the
property have been used as some type of storage use since prior to 1995. The rest of
the 7.8 acres ws not in use in 1995 and neither staff nor the applicant have a record
that authorized the expansion of that area. Although the land use would no longer be
nonconforming if the zone change and Specific Use Permit (SUP) are approved, the
applicant would still need to plat their property, provide improvements, submit a site
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plan, demonstrate compliance with the UDC, and receive a certificate of occupancy
and utilize the property in a manner generally as they would like. If the zoning case
and/or the SUP are not approved, staff would work with the applicant, providing
reasonable time to bring the site into compliance.
The proposed change to GB-2 would allow more intense uses that are not compatible
with the surrounding development and is incompatible with the Comprehensive
Plan Land Use designations. The existing General Business District (GB) and the
permitted uses within GB are more compatible with the surrounding adjacent land uses
and the Comprehensive Plan land use designation. Therefore, Staff
recommends denial of Ordinance 24-5-12. The Planning and Zoning Commission met
on March 6, 2024, held a public hearing, and recommended denial by a 4-2 vote.
Ken Brown, Brown & McDonald, 100 NE Loop 410, attorney representing the
applicant stated that the staff provided an accurate summary of the situation regarding
the business and their expansion. They have been operating in this location since prior
to 1995 and have had continuous operations through today. When they started their
operations on the original tract it was zoned General Business and there wasn't the
requirement for the SUP. The SUP requirement was added in 2006, so at that point
they weren't entitled to expand to the adjacent tract. The business was unaware of the
requirement for the SUP, so continued to expand on the adjacent tract. Attorney claims
they have non -conforming rights on the original tract. They did not have
authorization to expand on the adjacent track, but business has been good, so they
expanded. As soon as it was brought to their attention by Staff they took action to
submit an application for the rezoning. Their only option was GB-2 with an SUP for
portable building storage and sales. Applicant respectfully requested consideration for
this matter.
Ashley Farrimond, of Killen, Griffin, and Farrimond, 10101 Reunion Place, attorney
for Mobile Mini, who is the long-term (approximately 24 year) tenant on this property.
They are a global company with locations all over the world, and they provide secure
onsite storage units mostly for job sites, plus climate -controlled offices, for
construction -based companies. As the area has grown and continues to grow, so has
their business. Currently, they have about 2600 units that are out for lease, 20
employees that office here, so it's an ongoing and thriving business at this location.
They understand there are concerns with the GB-2, particularly on IH-35,
unfortunately there are no better options in terms of zoning. Although they do have the
non -conforming rights on the original tract, they do need the GB-2 with the SUP on
the remaining tract. The business wishes to remain in Schertz and asks the Council for
consideration on this matter.
Mayor Gutierrez opened the Public Hearing at 9:02 p.m.
No residents came forward to speak.
Mayor Gutierrez closed the Public Hearing at 9:02 p.m.
Mayor Gutierrez asked Ms. Marquez to bring up the slide with the GB-2 permitted
uses. He pointed out that automobile sales was listed under the permitted uses and that
Council had just denied another ordinance requesting the same zoning on IH-35. He
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stated that what makes this difficult is that the property owner has been in this location
for 20 plus years. IH-35 is a jewel for the City of Schertz because of the amount of
traffic to and within our city. We want to see the businesses flourish here. He then
opened the floor to Council for discussion.
Mayor Pro -Tern Macaluso stated it is a difficult decision because you have someone
that has had a small business here for quite a while. However, opening it up to
GB-2 would be a mistake and, obviously, if he were to sell the land and that zoning is
in place, you have all these different options that could come in there that are not
desirable for our community. He stated he supported the staff recommendation.
Councilmember Heyward asked if the business is working with Neighborhood
Services since they don't have the impervious surface for parking. Deputy City
Manager Brian James responded that Neighborhood Services went out due to the
expansion of the use which prompted the action by the applicant. He furthered his
comment to say that staff would not be out there tomorrow issuing citations if the
ordinance did not pass. Staff recognizes the business has been there awhile and they
will work with them. Their goal is to get compliance and find a win -win solution for
both the business, the property owner, and the City. Councilmember Heyward also
mentioned the height of the stacked units, which Mr. James stated he believed that is
what caught everyone's eye and eventually led to the expansion. Councilmember
Heyward concurred with Mayor Pro-Tem Macaluso voicing her
concern with possibilities of future development based on the other permitted uses for
the GB-2 zoning.
Mayor Gutierrez asked Deputy City Manager James using KFC as an example what
options were available to the applicant if the ordinance is denied. Where KFC is
located the first 300-350 feet is zoned GB, but the property directly behind it
zoned GB-2. What does the applicant need to do to allow the first 400 feet off the
frontage to be GB, and provide him the opportunity to do his regular business with the
Mini Storage units. Mr. James responded that traditionally the City of Schertz
Comprehensive Plan Future Land Use has the north side of IH-35 with commercial
office, service uses, generally the frontage for various distances and then industrial
behind that. Conversely, we have typically maintained the south side of IH-35 as retail
service type uses, and then residential use, so industrial would be problematic. The
business can do anything in the GB District. Mayor Gutierrez stated that he is
suggesting the business be permitted to use the frontage as GB and allow him GB-2 on
the backside of it. This would probably require re -platting and Council's approval. The
owner has been there for over 20 years and we don't want to run him out of business.
However, they understand the requirements associated with the zoning issue. Mr.
James restated that the concern for staff is opening this side of I14-3 5 to GB-2. They
don't want to create a precedence for future requests nor do they want to allow
business to ignore zoning changes as they expand.
City Manager Steve Williams asked Mr. James to explain how staff would help the
applicant if the Ordinance were denied. Mr. James restated that the issue was the
expansion of the business without approval. There is a development process all
businesses must follow during an expansion.
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Councilmember Gibson stated it's a matter of doing something and asking for
forgiveness later. Unfortunately, the business owner didn't properly plan out or
discuss anything with the city. Even if the Council approves the ordinance, the
landowner is still going to have to make a tremendous amount of improvements. Either
way, there will be significant costs. Mr. James responded, "true, however, if the
ordinance is approved, the property owner will be the one to make that decision."
Councilmember Brown said that by allowing GB-2 we would be reducing the value in
that area. He told staff to work with them.
Councilmember Westbrook asked what is the best outcome for the applicant. Mr.
James responded as follows:
• if the zoning and SUP are approved, the applicant can then go through the
development process and while that may be expensive that's their choice. They
have that path forward. They control their own destiny.
• if the zoning is denied, then you can't approve the SUP. At that point, staff meets
with the property owner, the business owner, and their attorneys to discuss a
pathway forward. The goal is to get compliance, not give them citations, and
find a win -win -win solution.
Councilmember Davis made the motion to disapprove Ordinance 24-5-12; seconded
by Councilmember Gibson.
AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Tiffany Gibson,
Councilmember Robert Westbrook, Councilmember Allison Heyward,
Councilmember Tim Brown
Ordinance 24-S-12 was denied.
17. Ordinance 24-S-13 - Conduct a public hearing and consider a request for a Specific
Use Permit to allow Portable Building Sales in General Business District-2 (GB-2) on
approximately 11.7 acres of land known as Comal County Property Identification
Numbers 78053 and 116266, Guadalupe County Property Identification Numbers
68327, 68329, 114080, and 114082, generally located 500 feet west of the intersection
of FM 2252 and IH-35 Frontage Road, City of Schertz, Guadalupe and Comal County,
Texas. First Reading (B.James/L.Wood/D.Marquez)
Mayor Gutierrez stated that this is a Special Use Permit associated with Ordinance
24-5-12. Since Ordinance 24-5-12 did not pass, there is no vote required on Ordinance
24-5-13.
18. Mayor Gutierrez called Point of Privilege for a short recess.
Mayor Gutierrez recessed the meeting at 9:21 p.m.
Mayor Gutierrez reconvened the meeting at 9:31 p.m.
Ordinance 24-S-08 - Conduct a public hearing and consider a request to rezone
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approximately 44.3 acres of land from Single -Family Residential District (R-2) to
Planned Development District (PDD), known as Guadalupe County Property
Identification Number 6460, located approximately 78 feet south of the intersection of
Savannah Drive and Irish Creek Road, City of Schertz, Guadalupe County, Texas.
First Reading (B.James/L.Wood/D.Marquez)
Mayor Gutierrez recognized Planner Daisy Marquez who provided a briefing
regarding the request to rezone approximately 44.3 acres from Single -Family
Residential District (R-2) to Planned Development District (PDD). She provided the
location of the subject property, that 65 public hearing notices were sent February 23,
2024, and as of March 27, 2024 (12:00 p.m.) 545 responses had been received
- 543-Opposition, 2-In Favor, and 0-Neutral, and two public hearing notice signs were
posted on the property. The Planning and Zoning Committee held a public hearing on
March 6, 2024, and made a recommendation of denial with a 5-1 vote. 28.79% of the
landowners within the 200' notice area have sent written opposition. Therefore, super
majority is required for Council to approve this request.
Following the Planning and Zoning Commission meeting, the developer made
modifications to the proposed Planned Development District. In an effort to address
some concerns of the public, the developer is proposing to reduce the proposed density
and building style from what was presented to the Planning and Zoning Commission.
The modification will reduce the maximum density from 11 dwelling units per acre for
a maximum allowed total of 486 units to be built in Area II and allowed for
single-family attached, single-family detached, and garden style apartments to 6.7
dwelling units per acre for a maximum allowed total of 297 units to be built within
Area II with only single-family detached units.
Due to the proposed Planned Development District's preservation of the APZII.
reduced density, and compatibility with the Comprehensive Land Use Plan land use
designation, Staff recommends approval of Ordinance 24-S-08.
Ken Brown of Brown and McDonald, attorney for the applicant, presented the
modified PDD to Council. He stated that the developer heard the residents' concerns
regarding density and traffic and immediately made modifications. Schertz requires
JBSA approval for development in certain areas. The applicant met with JBSA and
secured a positive recommendation for development.
Mayor Gutierrez presented slides to the public outlining the zoning notification
requirement, FM 1518 is not a City road, concerns for traffic on FM 1518 need to be
addressed to TXDOT, the number of units has been reduced from 465 to 297, PDD
was modified to show no homes in the APZ II, developer is not building an apartment
complex they are building single-family detached rentals, they are considered
multi -family because they have one owner with common spaces and amenities, it is a
gated community, JBSA supports the development, Texas Government Code requires
a 3/4 vote when 20% of landowners adjacent to subject property submit written
opposition.
Mayor Gutierrez opened the Public Hearing at 10:11 p.m.
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The following twenty-four residents spoke in opposition to Ordinance 24-5-08:
• Richard Maus, 3434 Wimbledon Drive, opposes the PDD process. PDD requires
accurate site plans and demonstrate community benefit, this application does not.
• Kip Holmstead, 3560 Irish Creek Road, residents are not afraid of change,
property can be developed as is. Developer should build in accordance with the
current zoning and not change the zoning to meet his needs.
• Robert Hobbs, 101 Hawks Meadows, the PDD modifications do not address the
necessary infrastructure improvements this development will require
• Kristy Duffett, 3400 Woodlawn Farms, traffic is already out of control. Adding
300 more homes will only make this worse.
• Jill Moore, 3534 Woodlawn Farms, traffic is already bad. A light is needed, but
the intersection is on a blind curve so was told it's not possible. Very concerned
for the safety of the children.
• Kyra Spenrath, 101 Hawks Meadows, grew up in a multi -family area that is now
Crescent Bend Park. Concerned with corners being cut, ecological impact, and
traffic.
• Robert Druckman, 3520 Enchanted Farm, still 297 families which means more
traffic, rental is not the same as pride in home ownership, and as a veteran he
takes exception with the mention of the developer being a Westpoint graduate, he
should have some honor. He sees this as just a means to make money.
• Brad Parker, 323 Rustic Willow, urged Council to look at the previous
ordinances that were heard and voted upon this evening. 24-5-09 and 24-5-12
didn't fit so Council voted against them. Everything in this area is zoned R-2 and
a PDD does not fit with the R-2. Market is being flooded with rental property
development now. Not against development, just want the development to be
consistent with what is there now.
• Len Bauer, 3604 Sunglade Ranch, uses Irish Creek to access his residence. The
area cannot absorb additional traffic.
• Amy Cappielo, 368 Silver River, at the Commissioners Meeting they were
unable to get market rates, but those were available tonight. There are plenty of
rental properties now. Renters do not have the same pride in their residence as
homeowners. Please consider the environmental impact - future greenspace.
• Barbara Wargo, 3513 Blue Moon Spur, the applicant is deceptive in their
statistics. There is 3 times the density of homes in their development plan than
are currently in Kensington Ranch.
• Michelle York 3601 Sunglade Ranch, the Traffic Impact Analysis appears to be
done over one day with peak hours between 7:00 a.m. - 9:00 a.m. and 4:00 p.m. -
6:00 p.m. In this neighborhood a lot of people leave before 7:00 a.m. and a lot of
kids have to be at school at 7:00 a.m. so it really wasn't indicative of some of the
higher traffic volumes and the kids moving around during these hours. For the
afternoon hours, school has already let out by 4:00 so its not a good measure
of peak traffic. The reference to no pedestrian traffic is erroneous. There is a lot
of pedestrian traffic and all hours of the day.
• Rick Perez, 340 Lonestar Gate, just because the developer went to West Point
doesn't mean his ideas are any better or he is any smarter than anyone else. This
is not safe and healthy growth for this area. As far as esthetics, and Council not
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wanting car dealerships because they don't like how they look. Well, what about
how these rental homes are going to look in residential areas.
• Leticia Blacksher (Barnes), 3508 Irish Creek, provided an account of the
dangerous traffic due to the blind curves and speed. She has to use Irish Creek
and its already horrendous. Take care of that before adding more homes.
• David Estrada, 3557 Irish Creek Road, felt that the comments from the developer
were belittling. If they were really listening to the residents they would be
addressing the traffic concerns.
• Jimmy Heer, 3501 Willows Ranch, 17 homes on the opposite side of Irish Creek
traffic is a major concern. Savannah is not safe for drivers much less kids on
bicycles due to speed and blind curves,
• George Molina, 3509 Willows Ranch, issue with comment that crime and traffic
won't be issue. As a former San Antonio police officer he experienced issues
with rental properties, both the owners and the renters. Blind spots on Savannah
are an issue. Adding more vehicles is just going to make it worse.
• Gary Livingston, 3517 Mesquite Chase, attended the planning meeting and heard
the same lawyer speak there and it was just misinformation after misinformation.
Doesn't believe that what was presented at the planning meeting and then how
quickly they changed tonight that there wasn't some plan in place for that to
happen. Fully believes they gave a bad proposal at first knowing residents would
be up in arms so that they could then present what they did tonight and think
they would be ok with the new shiny toy.
• Charlotte Barr, 3632 Drivewood Ranch, also doesn't buy that the PDD
modification wasn't orchestrated. Traffic is a major concern. Change is good but
it has to make sense. Focus on the kids. Drive down Irish Creek Road and you
will see how difficult it already is.
• Donna Cobur, 3504 WIllows Ranch, this is not a good fit for where they are
trying to put this. She looked up a three mile radius of how many apartment
complexes there were and stopped counting at 40. They're not at full occupancy.
The information in the packet indicates the PDD would allow them to build a
standard apartment complex so it doesn't sound like their plan is genuine. It also
states maximum height 35 feet. She stated she is opposed.
• Jason Witherspoon, 3505 WIllows Ranch, stated everyone knows that theory
doesn't translate to reality when traffic or intersetions are involved. You can have
a great theory, say there are ways to mitigate this area but until those 300 homes
are developed and people are on the road you don't really know what's going to
happen. That's just a fact of life. Also, if the lawyer was really listening and
interested in what they were saying he doesn't see why they're not developing
160 single-family homes on the 33 acres. They comply with JBSA rules, and
they would meet the needs of people in the area. We have voiced our concerns
and the best they can say is we're going to reduce the number of rental units.
Lastly, his understanding of the PDD is that once Council approves it, the only
thing they have to comply with is the maximum number of units, the type of
units they dont have to comply. They can make the building multi -story.
• Carolina Olson, 435 Harvest Point, reiterated that even if they reduced the
number by 60 units, that could still mean anywhere from 120 to 300 more cars.
She would like to see the developer reduce that number by another half. The
community has a number of young families with children. All of these children
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will be driving in the next couple of years, that's already going to increase traffic
that is already at capacity, not just for Kensington Ranch but also Orchard Park.
She doesn't understand how they can have one exit from that apartment complex.
What happens in an emergency? She shared the TIA with her uncle, a 30 year
veteran of TXDOT, and he told her it is missing a lot of information.
• Tom Troutner, 3612 Sharp Hill, suggested putting the apartments where the car
lot was to be, then spoke to the Traffic Impact Study. The hard numbers listed on
pages 11-15 are astounding. If you have rentals, what about public
transportation? Is there an account for that? There is no mitigating factors for
traffic, you can't expand Savannah; you can't expand Schertz Parkway. Restriping
it for a left-hand turn lane that's already there mitigates nothing. Putting
roundabouts to slow down traffic doesn't decrease traffic, it just slows it down
and its going to be slow enough already. If they really wanted to make this
happen they would have done a comprehensive TIA instead of this cursory one
for two hours in the morning and two hours at night on a Thursday. The numbers
are misleading. 300 units was the magic number from the start. They put 486 out
there so they could reduce it to make it look like they were doing someone a big
favor and their not. The drainage and the other TIA, they are staying away
purposely from 1518 because there's no way they can fix that. That's TxDot's
deal so its not going to happen and until somebody gets killed or emergency
services can't get through.
• Dennis Wheeler, 401 Ron Creek, stated he had two main objectives. Today he
counted the cars, 63 cars from Paschal Elementary School to about 400 meters
from Irish Creek to the last car. One car leaves, one car comes so could be more
than 63. His wife waited 5 minutes trying to make a left turn, plus there are kids
always walking and riding bikes up and down the street. Safety and traffic are
the biggest concerns.
Mayor Gutierrez closed the Public Hearing at 11:07 p.m.
Mayor Gutierrez thanked the residents for being respectful of the process and assured
residents that Council does listen to their concerns regarding this development. It's
important to know that we listen to what you say and will take all of these factors into
consideration. City staff and Council, both past and present, play a crucial role in
protecting this City. They must ensure that development is sustainable and beneficial
to our city as a whole. They have done an excellent job because our city has grown
and continues to grow. Development can bring improvements which enhance the
quality of life for everyone in our community, making it a more desirable place for
people to live and work. Development stimulates economic growth by attracting new
businesses. This HEB would not exist if we didn't have the rooftops. Manufacturers,
restaurants, and other businesses all lead to the prosperity of our city and this council
has a difficult decision to make that involves careful consideration of various factors,
and the potential outcome, but most important, the long-term impact of our city.
Mayor Gutierrez opened the floor to Council for discussion.
Councilmember Heyward asked if there was any way to mitigate the dark streets and
areas with no sidewalks. Brian James responded that Schertz could fund these on the
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Schertz city limit side. He added that the Transportation Safety Advisory Committee
reviewed speed and sight issues and solutions need to be addressed in the budget
process. She also asked about the issue with water pressure mentioned by several
residents. Mr. James stated this was the first he had this and would look into it,
Councilmember Macaluso stated he had seen the traffic issue firsthand on Savannah.
It is a legitimate concern for the welfare of the kids. He also asked how much the city
was willing to absorb in multi -family units. Doesn't believe they bring crime or
devaluation of single-family residences. He asked how this PDD fit the requirement
of innovation. Ms. Marquez explained the PDD was the only option to keep the AZII
Area free from development.
Councilmember Brown stated that all the arguments heard this evening were made
when their subdivision was being developed. He provided the background regarding
the building of two subdivisions in the area. Same concerns for safety and traffic due
to density were voiced then. Residents were saying Savannah Drive would become a
racetrack into FM 1518, so the developer put in the big curve. Now residents are
complaining about the curve. He stated that he's been in the real estate business for 21
years so he watches this very closely. He hears the concerns, but he believes it's more
an issue of "not in my backyard." The issues expressed about the rental
aspect, according to tax records your subdivision has 52 non -owner occupied homes.
That means about 27% of the homes in your neighborhood are rentals now. He doesn't
believe the people renting those homes are all criminals or trashy and stated that they
should exercise caution with that kind of perspective. As for the PDD itself, he
asked is there any transportation option to go out through the south from the
developer's standpoint? Mr. James said no, they don't control the property south of
them, so they can't guarantee access. He reminded Council that the State Legislature
doesn't allow the City to require Right -of -Way dedication if the developer doesn't
want to dedicate it unless its on the CIP and it's funded. So there's no way to mandate
connectivity down to the South.
Councilmember Davis asked what the maximum number of dwelling units allowed is
for multi -family. Mr. James responded 24 units per acre. He stated that zoning is
never easy. Every time a zoning case is brought forward, surrounding property
owners don't want it and property owners that are trying to make effective use of their
property. We hear it from South Schertz all the time. But, he has an issue with the
PDD process. He appreciates the thought of protecting JBSA-Randolph, and the
concerns for APZ I and II, but asked if that wasn't a moot point at this time. Our
surrounding communities have not cared about zoning restrictions or limiting
development in APZ II. That's clearly evident by the units built by the City of
Selma. A comment was made earlier about why we did not notify Selma or University
City regarding this zoning case. In all the years I have served on Council, and before
when I would come to the meetings faithfully, I don't recall either City notifying
Schertz of their development plans. So, I believe any discussion regarding the APZ on
that side of town is a moot point. The damage is already done. So, to say we have a
proposal that includes preserving 11 acres adjacent to an area that is already
overdeveloped by Air Force recommended standards for an aircraft potential
incident zone is comical. There is an issue with the math, which has been pointed out
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several times, where it says 6.9 units per acres because we're taking credit for what we
could possibly build on 11 acres and we're just going to roll that over onto the 32
acres. There is still a density issue that we do not have enough information on as it
rolls into Savannah Drive. That's the biggest impact. We can't account for the
schools. Schools build schools based on the need. There's no impact on grocery
stores. Our HEB used to be packed, but now there's a new store in Cibolo. There are a
lot of things we can't account for, but the density and having a good plan from the
get -go is important. This is why he has an issue with PDDs. This was proposed one
way and went to Planning and Zoning Commission who made a recommendation to
Council based on what was presented to them, and then it comes to Council and its a
different package. He has a hard time accepting the PDD process when it's an ever
changing process.
Councilmember Heyward stated that when Universal City decided to do Orchard that
our mayor talked to their mayor and it didn't matter. She doesn't think that just because
Selma or Universal City did something doesn't mean Schertz should do it. We don't
have to be the City that doesn't care about the APZ because it doesn't matter. She
stated she understands what it means when houses encroach upon some of the bases
and some of the missions can't be done. Being associated with that and seeing how
some communities suffered when missions went away, then a lot of houses went up
for sale because some of those people followed where the mission went and some
cities have a hard time recuperating from that. She went on to state that she is all about
making sure, because of her connection and being connected, that Randolph is okay
and we're not messing up Randolph just because Universal City and Selma did. She
wants to say 'okay residents I hear you, but it's about Randolph and the
neighborhood.' She went on to state that she thinks about the mission and the affect it
would have on Schertz if Randolph went away. She won't do anything to jeopardize
the JBSA mission. She also stated that the PDD process is not the greatest but she
always wants to take people at their word until they prove they are not honest. She told
the residents that she hears them, but she cautioned them on labeling people.
Mayor Gutierrez asked Mr. James if the PDD states single-family detached homes.
Mr. James confirmed that it does. It's only called multi -family because it's one lot, one
property owner, with multiple homes. Not multiple lots with individual ownership. He
also stated that they have to stay within the confines of the PDD, only one family per
unit/building, but the design is up to the developer. Council can limit the number of
stories through the PDD process.
Councilmember Davis wanted to go on the record to counter the comments regarding
the JBSA mission stating he would do anything in his power to protect the mission of
Randolph Air Force Base. Regardless of what Schertz does in this situation, from his
perspective the damage in APZ II has already been done with development by two
other communities. He is intimately familiar with the base realignment and closure
process as part of a closure team for an Air Force base. He suggested that Staff and
Council look at the last DoD report that talked about base realignment and closure
because the general purpose of realignment and closure is to rid the Department of
Defense of excess capacity. They do a study and look at the installations that
have excess capacity. The question would be where Randolph fits into that scheme, or
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Lackland, or anybody else of excess capacity. If you read the report you might have a
slightly enhanced perspective of our environment in this area. He added that he
couldn't stress this any harder, base realignment and closure is a political decision that
is made in Washington, D.C.
Councilmember Heyward asked if there is any traffic mitigation that can be done for
Irish Creek Road. Mr. James responded that the Right -of -Way that's been dedicated is
directly opposite Irish Creek. Typically, they line roads up, you don't want to offset.
When roads are aligned you can better mitigate, for that. For the current Right -of -Way
to shift, the HOA that controls property on either side would have to agree for that shift
or in theory Council would have to use the power of eminant domain to get
Right -of -Way to make that shift. For the purposes of a zoning case, they don't get into
individual solutions, that is done during the platting process.
Councilmember Westbrook asked if the site plan is required for the PDD. If so, do we
have a copy? Mr. James responded that the developer has provided one, but they have
not locked it in. We do not always require them to lock them into a certain layout.
Councilmember Westbrook added that we often take these issues into silos as opposed
to a holistic approach. Saying that a multi -family development is fine area by area,
without taking into consideration that at some point there is a cumulative effect on the
"feel", the quality of life, of the City of Schertz. Mr. James responded that they look
broadly in terms of wanting this to be a sustainable community, and we don't want too
much of one type of use. Some communities struggle because they are predominantly
residential, so they lack commercial development to help support that tax base.
Councilmember Westbrook then asked for clarification on the fundamental reason for
this PDD being to address the flight zone. Mr. James affirmed and added that Council
had told Staff they didn't want to see another PDD simply to modify development
standards, and they didn't want staff to recommend it. The PDD needed to be unique
and innovative. Councilmember Westbrook asked why they needed the PDD in this
case if they could build on the AZII area anyway, as was previously stated. Mr. James
responded that City Council cannot approve a zoning case in the APZs unless JBSA
submits written approval. Councilmember Westbrook closed with when the developer
purchased the property it was zoned R-2, so they knew the risk and they will make
money if it stays zoned R-2.
Mayor Gutierrez added that Schertz has problem with certain properties because of
development around it. For instance, a decision has been made to extend FM 3009
which did not exist when Saddlebrook was developed. Mr. James reminded Council
that part of the reason they went with the lot sizes they did in Saddlebrook was
because through the middle they would have this major arterial roadway. For that
development to happen with that impact they had to get more lots out of it. Mayor
Gutierrz closed his comment with housing is expensive. To afford a $300,000 home,
an individual needs about an $80,000 per year salary. Most homes in Schertz are in the
$400,000 range. There is a lot of multi -family coming into Schertz because of
affordability and most young Americans aren't interested in mowing the lawn. They
are more interested in playing their games and being on their little machines. That's
why we see the shift in what's being built. This Council works with developers to fill
the needs of what previous Council have said, for instance, keeping a car dealership off
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of IH-3 5. Each parcel of land is very challenging. Each development is going to bring
traffic. IH-35, 1-10, and FM 1103 are all being worked on. People will find a way to
get home during a traffic jam because we live here we know the back roads.
Mayor Pro-Tem Macaluso made a motion to deny the request to rezone. Seconded by
Councilmember Westbrook. Mayor Gutierrez clarified that two 'YES' votes would
disallow the rezone. City Attorney Dan Santee indicated that the problem is that the
motion made is a negative motion. So, if you cast a 'Yes' vote you are denying the
zone; two'NO' votes means the negative motion fails because a super majority is
required to pass it. Having the motion in the affirmative is preferable. A motion in the
affirmative would have to have a super majority to pass.
Councilmember Davis requested the motion be withdrawn and resubmitted in the
affirmative. Mayor Gutierrez asked Mayor Pro-Tem Macaluso if he would consider
withdrawing his motion. Motion was withdrawn.
Mayor Gutierrez requested the motion be restated to approve Ordinance 24-S-08.
Moved by Mayor Pro-Tem Paul Macaluso, seconded by Councilmember Tiffany
Gibson
AYE: Councilmember Michelle Watson, Councilmember Allison Heyward
NAY: Mayor Pro-Tem. Paul Macaluso, Councilmember Mark Davis,
Councilmember Tiffany Gibson, Councilmember Robert Westbrook,
Councilmember Tim Brown
Failed
Mayor Gutierrez recessed to Closed Session at 12:16 a.m.
Closed Session
19. Closed session pursuant to Texas Government Code Section 551.071 to receive legal
advice and counsel from the City Attorney regarding:
1. Post Oak Landfill Administrative Appeal
2. Issues relating to Schertz Police Department policies and procedures
regarding the creation and retention of department documents.
Mayor Gutierrez convened Closed Session at 12:16 a.m.
Mayor Gutierrez recessed Closed Session at 12:33 a.m.
Mayor Gutierrez reconvened to Regular Session at 12:35 a.m.
Reconvene into Regular Session
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20. Take any action based on discussion held in Closed Session under Agenda Item #19.
Mayor Gutierrez made a motion not to move forward on the Post Oak Landfill
litigation; 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
21. December 2023 and January 2024 Financial Statements (S. Gonzal ez/J. Walters)
Requests and Announcements
• Requests by Mayor and Councilmembers for updates or information from Staff
A request from Mayor Pro-Tem Macaluso to add a discussion of the second phase of the
Skate Park area on the next Workshop agenda.
• Requests by Mayor and Councilmembers that items or presentations be placed on a future
City Council agenda
No requests were made by Mayor or Council for updates or information from Staff.
• City and Community Events attended and to be attended (Council)
Councilmember Watson attended the BVYA Opening and the Lions Club Easter in
Pickrell Park.
Councilmember Gibson attended the Pre -Budget Meeting, the Lions Club Easter in the
Park, and the Schertz Historical Preservation Committee meeting.
Councilmember Westbrook attended the Pre -Budget Meeting and the Schertz Historical
Preservation Committee meeting.
Councilmember Heyward attended the Employee Remembrance, the Pre -Budget
Meeting, the EDC meeting and the Lion's Club Easter in the Park.
Councilmember Brown attended the Employee Remembrance.
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Adjournment
Mayor Gutierrez adjourned the meeting at 12:39 a.m.
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