Agenda

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City Council Regular Meeting

Meeting Date:

09/03/2019

BACKGROUND

Annexation of land into the City’s corporate limits may be voluntary or involuntary. Each type has Texas Local Government Code (LGC) requirements that identify the necessary process based on the annexation type. The City’s Unified Development Code (UDC) Section 21.4.8 includes provisions that apply to requests for voluntary annexation meeting certain criteria. This section of the City’s UDC includes provisions for processing of voluntary annexation requests. In accordance with LGC 43.035 and LGC 212.172 the subject property has an executed delayed annexation development agreement that went into effect in 2010.

This delayed annexation agreement between the City of Schertz and Nancy Pinder was to be in effect for a period of 10 years.
The original agreement was executed in 2010 and since then the property has been sold by Nancy Pinder to Scrappy Development, LLC. for development. Based on the requirements of the annexation agreement Scrappy Development, LLC has submitted a petition for voluntary annexation to the City of Schertz for an approximate 58 acre tract of land. The subject property is located in the City Schertz Extraterritorial Jurisdiction (ETJ) and Comal Independent School district boundaries.

At the August 13, 2019 City Council meeting, the City Council held a public hearing associated with the voluntary annexation petition submitted by Scrappy Development, LLC, the current property owner. No one spoke during the public hearing. City Council then approved Resolution 19-R-94. The adoption of this resolution accepting the petition for annexation allows the applicant and the City to move forward with the annexation proceedings by ordinance, the proposed Ord. 19-A-21. In addition to this annexation ordinance being heard at the August 27, 2019 City Council meeting, a first reading of the proposed zone change to Planned Development District is being heard for the subject property.

A public hearing notice was published in the San Antonio Express News for the public hearing associated with the annexation ordinance and the zone change for this property on August 7, 2019. City staff sent written notice of the proposed annexation and zone change to the Board of Trustees for Comal ISD on August 7, 2019. At the time of this report no response has been recieved from Comal ISD.

At the August 27, 2019 City Council Meeting, a public hearing was held, there were no residents who spoke. After the public hearing a unanimous approval was made by City Council.

GOAL

Scrappy Development, LLC is requesting voluntary annexation into the City of Schertz because of their desire to be located within the Schertz City limits and their desire to develop the property as a Planned Development District (proposed Ord. 19-S-20).

COMMUNITY BENEFIT

Promote the safe, orderly, efficient development and ensure compliance with the City’s vision of future growth.

SUMMARY OF RECOMMENDED ACTION

Staff recommends approval of annexation Ordinance 19-A-21.

FISCAL IMPACT

In accordance with Texas Local Government Code (LGC) Chapter 43, the City must provide services to the land on the
effective date of the annexation. While some services are provided to the subject property through an interlocal agreement, the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection, sewer service, and water. However, since the property is currently under a delayed annexation agreement with a 10 year term imit, set to expire in 2020, the property would be provided these services upon the expiration and annexation based on the original agreement within the next year.

RECOMMENDATION

Staff recommends approval of annexation Ordinance 19-A-21.

Attachments
Ord. No. 19-A-21
Ord. No. 19-A-21: Exhibit A
Annexation Service Plan: Exhibit B