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 4.014-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 was the first step in the annexation process for the approximately 3.014 acres, a portion of Comal County Property ID 79004. City Council approved Resolution 24-R-131 on October 15, 2024, which accepted the petition for voluntary annexation. The adoption of resolution 24-R-131 did not annex the subject property, but allowed City Council to annex the property by ordinance in the future. Ordinance 24-A-158 is the annexation ordinance that would officially annex the approximately 3.014-acres which 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 was heard by the Planning and Zoning Commission at the November 6, 2024 meeting and is also scheduled for a public hearing at the December 3, 2024 City Council meeting, specifically Ordinance 24-S-159.

A public hearing notice was published on November 20, 2024, in the "San Antonio Express" for Ordinance 24-A-158. A public hearing notice was mailed to Comal ISD on November 20, 2024. Additionally, a public hearing notice was 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 for approximately 3.014 acres of Comal County Property Idenification Number 79004, 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 Ordinance 24-A-158, 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. 

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. With City Council approving Resolution 24-R-81 which authorized the approval of a Development Agreement with Timothy A. Fey and Sharlene E. Fey, it was determined that the agricultural properties under their ownership would be annexed into the City of Schertz which would require the City to provide services. 

Based on previously approved Resolution 24-R-81 the subject property, utilized for agricultural purposes is to be annexed into the City of Schertz. Staff recommends Approval of Ordinance 24-A-158.