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  4.       
City Council Regular Meeting
Meeting Date: 02/02/2021  

BACKGROUND
Update from January 26, 2021, City Council Meeting: 
Based on the presentation at the January 26, 2021, City Council meeting, the annexation service plan, attachment 3, has been updated with the service plan agreed upon by the applicant. The only change was to add the following sentence in the "Term" section: "Notwithstanding the foregoing, city's obligation to provide services as set forth herein shall survive expiration of this service plan." This change was discussed during the City Council meeting, and the first reading was unaimously approved with the service plan modification. 

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.  

Schertz 312, LLC has submitted a petition for voluntary annexation to the City of Schertz for approximately 142 acres of land located generally 3,500 feet southwest of the intersection of Doerr Lane and Bell North Drive, Comal County, Texas. 

The subject property is directly related to City of Schertz, Resolution 20-R-83 and City of San Antonio, Ordinance 2020-12-10-0903. These documents between the two cities agreed to a release of the subject property from the City of San Antonio's Extraterritorial Jurisdiction to the City of Schertz based on certain conditions to be met by the City of Schertz. One of those conditions was that the City of Schertz would start the annexation proceedings on the property within three months of the effective date of the ordinance. This resolution (Res. No. 21-R-03) is the initial step in the annexation proceedings on this property, which complies with the requirement based on the agreement between the City of Schertz and the City of San Antonio. 

On January 5, 2021 the City Council approved Resolution 21-R-03 accepting a petition for voluntary annexation. By accepting this petition the annexation process officially commenced. 

A public hearing notice was published in the San Antonio Express News for the public hearing associated with the annexation ordinance on January 13, 2021 and the zone change for this property on January 6, 2021. City staff sent written notice of the proposed annexation and zone change to the Board of Trustees for Comal ISD and all property owners within 200 feet on January 12, 2021.  Additionally, a public hearing notice has been published on the City of Schertz website since January 14, 2021.  At the time of this report no responses have been recieved from the public hearing notices. 
GOAL
Schertz 312, 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 in accordance with the requested Manufacturing District- Light (M-1) zoning district. 
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 21-A-04.
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.
RECOMMENDATION
Staff recommends approval of annexation Ordinance 21-A-04.
Attachments
Ord. No. 21-A-04
Ord. 21-A-04 Exhibit A
Annexation Service Plan
Public Hearing Notice Map- Annexation
Aerial Map

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