In July of 2024 the City of Schertz City Council approved ordinances to annex over 3,107 acres into the City of Schertz based on expiring Delayed Annexation Development Agreements. As part of that process, Comal County Property Identification numbers 79004, 79006, and 79009 owned by Timothy A. Fey and Sharlene E. Fey were scheduled to be annexed and zoned. However, as part of that annexation effort, City Council approved Resolution 24-R-81 which authorized the approval of a Development Agreement with Timothy A. Fey and Sharlene E. Fey. The Fey's own approximately 100.535 acres of property, of which approximately 1 acre is utilized as their homestead and the remainder is used for agricultural purposes. As part of the agreement, the property owner authorized the annexation of the agricultural land, while the residential land was to remain in the ETJ. Based on the agreements terms, on July 16, 2024, in addition to approving resolution 24-R-81, City Council also approved Ordinance 24-A-49 and 24-A-50, which annexed Comal County Property IDs 79006, and 79009, or the agricultural tracts. 

However, Comal County Property Identification Number 79004 is only partially utilized for residential. Per the agreement only 1-acre of the approximately 4.0-acre tract is utilized for residential, while the remaining 3.014-acres is used for agricultural purposes. 
Based on the conditions of the agreement, due to the 3.014-acres not being used for residential purposes, the City is proceeding forward with annexation of the agricultural portion of Comal County Property ID 79004.

Resolution 24-R-131 is the first step in the annexation process for the approximately 3.014 acres, a portion of Comal County Property ID 79004. Upon City Council accepting Resolution 24-R-131, the petition for voluntary annexation, the process to annex and zone the property would begin. The adoption of resolution 24-R-131 does not annex the subject property, but allows City Council to annex the property by ordinance in the future. An ordinance for annexation of the subject property must be approved by City Council to annex the property, which is tentatively scheduled for the December 3, 2024, City Council meeting. The annexation ordinance will be accompanied by a service agreement to meet the requirements of UDC Section 21.4.8 and LGC § 43.0672. The zoning application to accompany the annexation is tentatively scheduled for the November 6, 2024, Planning and Zoning Commission meeting.

To initiate the voluntary annexation process for approximately 3.014 acres in accordance with the Delayed Annexation Development Agreements and the Development Agreement Extensions, and Resolution 24-R-81 as approved by City Council on July 16, 2024. 

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

Staff recommends approval of Resolution 24-R-131, accepting a petition for voluntary annexation for approximately 3.014-acres, more specifically a portion of Comal County Property Identification Number 79004, Comal County, Texas. 

The approval of Resolution 24-R-131 accepting a petition for voluntary annexation does not have a financial impact on the City; however, the end annexation of the property will. 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. The remainder of Comal County Property ID 79004, approximately 1-acre is not proposed to be annexed at this time and is subject to Resolution 24-R-81 and the associated Development Agreement with the property owner approved by City Council on July 16, 2024. 

Approval of Resolution 24-R-131.