Annexation of land into the City's corporate limits may be voluntary or involuntary. The Texas Local Government Code (LGC) provides requirements and outlines the annexation process based on the annexation type. The proposed annexations are voluntary based on the Delayed Annexation Development Agreements that were originally entered into in 2010 and 2011 and the extensions that were offered in 2020 and 2021 thus Chapter 43, Subchapter C-3 of the Texas Local Government Code applies. The City's Unified Development Code (UDC) Section 21.4.8 includes provisions for processing of voluntary annexation requests. 

In 2010 and 2011 the City of Schertz entered into Delayed Annexation Development Agreements with property owners based on Texas Local Government Code Section 43.016. Per the agreements that were signed and executed specifically Section 5. Term; Annexation at End of Term stipulates that ten (10) years after the effective date of the agreement the property is to be annexed into the City of Schertz.

In 2020 and 2021 the City of Schertz City Council authorized the City Manager and Staff to offer Development Agreement Extensions based on the nationwide and statewide declaration of public health emergency in relation to COVID -19. In addition, to the Development Agreement Extensions would allow City staff to complete the Comprehensive Land Use Plan update which would be utilized when zoning the annexed properties. These extensions would provide the same rights as previously established in the original agreements but would delay the annexation of the properties to a later date. The prohibition on annexations would be in effect until January 1, 2024, at which time the City of Schertz would begin annexation proceedings and conclude them no later than December 31, 2024.

At this time, the first date identified in the agreement (January 1, 2024) has passed. Additionally, with the approval of Ordinance 24-S-06, the Comprehensive Land Use Plan has officially been adopted and can be utilized for zoning cases moving forward. Per the Development Agreement Extensions, City staff started the annexation and zoning process in accordance with the extensions in the fall of 2023. Resolution 24-R-41 approved by City Council on April 16, 2024 accepted petitions for voluntary annexation of 25 properties, approximately 507-acres within Comal County and 14 properties, approximately 387- acres within Guadalupe County. Ordinance 24-A-61, if approved, would annex Guadalupe County Property Identification Number 68384, which was part of Resolution 24-R-41, into the City of Schertz.  

The Planning and Zoning Commission held a public hearing for the associated zoning for the subject property on May 8, 2024. The Planning and Zoning Commission meeting can be viewed on the City's YouTube site. 

A public hearing notice was published on May 24, 2024, in the "San Antonio Express" for Ordinance 24-A-61. A public hearing notice was mailed to Comal ISD on May 24, 2024. Additionally, a public hearing notice was posted on the City of Schertz website on May 23, 2024. 

Although the original notice encompassed all of the Comal and Guadalupe County parcels proposed for annexations, it has been determined that it is more appropriate for City Council to take action on each individual parcel separately. Guadalupe County Property Identification Number 68384 was included as part of the notice that was published in the San Antonio Express News and posted on the City of Schertz website. 

Under Texas Local Government Code Section 43.057, Staff finds that surrounding any area, but not including such area within the City limits through this annexation, is in the public’s interest.

To continue the voluntary annexation process in accordance with the Delayed Annexation Development Agreements and the Development Agreement Extensions. 
 

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

Staff recommends approval of Ordinance 24-A-61 for voluntary annexation of approximately 5.2-acres known as Guadalupe County property identification number 68384. 

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. The subject properties have been proposed to be annexed into the City of Schertz since 2010 and 2011. The Development Agreement Extensions explicitly state that the properties will be annexed into the City of Schertz before December 31, 2024. 

Approval of Ordinance 24-A-61.