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  4.       
City Council Regular Meeting
Meeting Date: 06/14/2022  

BACKGROUND
Comal ISD submitted a site plan for the proposed elementary school site at Hubertus Road and FM 482 on April 26, 2022. "Comal ISD Elementary School 20" is proposed to be 96,115 square feet and 2 stories in height. The school will include a playground, playfield and 202 parking spaces. 

Comal ISD has scheduled the school, Comal ISD Elementary School 20, to open in the fall of 2023. In order to open the school then, construction of the building must begin immediately. Comal ISD obtained a clearing and grading permit in March 2022, and site grading in addition to utility work has begun. They have also submitted building construction plans which have been reviewed by Building Inspections, the Fire Department, and the Neighborhood Services Division, comments have been sent to the District’s architect, and the plans have been resubmitted for staff’s next review. The replat, specifically titled “Replat of the Harral Subdivision Lot 2 Block 1 to create the Harral Subdivision Lot 1 and 2 Block 5” was approved by the Planning and Zoning Commission on March 23, 2022. Comal ISD will be responsible for constructing public improvements per the City’s codes. These public improvements include sanitary sewer, water line extension and roadway improvements more particularly shown on the constructions plans which were approved by the City of Schertz Engineering Department on May 3, 2022. The associated site plan for Comal ISD Elementary School 20 was approved by staff on May 6, 2022.

The City’s Unified Development Code (UDC) requires a property to be platted in order to issue a building permit. In order to approve a replat, civil drawings associated with the required public improvements must be approved and those public improvements must be constructed and accepted in order to file the plat.  In this case Comal ISD is requesting a Subdivision Improvement Agreement to allow the replat to be filed before construction and acceptance of the required public improvement. This is similar to what was done for Comal ISD Middle School 6 in 2016, located directly across Hubertus Road from the proposed Elementary School 20.

The City’s UDC requires public improvements to be constructed and accepted prior to filing a plat in order to ensure that adequate infrastructure exists to serve the project and surrounding areas. It also ensures that the developer fully understands the exact requirements before beginning construction. Normally some form or surety is required (cash escrow, letter of credit, performance bond, etc.) as part of a subdivision improvement agreement. Given that the request is being made by a public school district and they are aware of UDC requirements, staff is not opposed to not requiring some form of surety.

Per the draft subdivision improvement agreement, Comal ISD as the property owner, is agreeing to have all public infrastructure improvements completed prior to August 23, 2023. Additionally, Comal ISD acknowledges that prior to issuance of a Certificate of Occupancy all other public improvements, including but not limited to traffic signalization at FM 482 and Hubertus Road and the right-turn/decel lane on Hubertus Road will be completed.
 
GOAL
Ensure cooperation among the City of Schertz and Comal ISD to better serve both communities while ensuring the City’s development requirements are met.
 
COMMUNITY BENEFIT
Comal ISD will be able to continue to work on constructing Elementary School 20 in order to be continue to work towards opening it in the fall of 2023.
 
SUMMARY OF RECOMMENDED ACTION
Staff recommends approval of Resolution No 22-R-59.
 
FISCAL IMPACT
There is no fiscal impact to the City of Schertz. 
 
RECOMMENDATION
Approval of Resolution No 22-R-59 allowing the City to enter into the Subdivision Improvement Agreement subject to changes approved by the City Attorney and City Manager
 
Attachments
Resolution 22-R-59
Draft Subdivision Improvement Agreement
Approved Site Plan
Approved Replat

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