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Ordinance 13-S-20 - Rezone from GB to PDDORDINANCE N0.13-5-20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-5-15 BY REZONING APPROXIMATELY 2.668E ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO PLANNED DEVELOPMENT DISTRICT (PDD), LOT 6, BLOCK 1, HUBERTUS RETAIL SUBDIVISION, CITY OF SCHERTZ, COMAL COUNTY, TEXAS, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FM 1103 AND IH 3S; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner is requesting to rezone approximately 2.668E acres of land described in the Exhibit A and B attached hereto and incorTorated herein by reference (hereinafter, the "Property"). WHEREAS, ail required notices have been provided; WHEREAS, on June 12, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a zone change to Planned Development District {PDD} in accordance with the Planned Development District Design Standards attached as Exhibit C (the "Ori final Design Standards"Z WHEREAS; on July 9, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT; Section 1. Subject to Section 4 below, the Property as shown in Exhibit 1 and 2 is hereby zoned Planned Development District (PDD). Section 2. The Official Zoning Map (Ordinance No. 11-5-15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such Ordinance 13-S-2D Huhertus Retail Subdivision conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the. public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required bylaw. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on f rst reading the 9t1i day of 7uly, 2013. PASSED, APPROVED AND ADOPTED on final re the 1 n f July, 2013. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary {SEAL OF THE CITE Ordinance 13-5-20 Hubertus Retail Subdivision /D E NC~/I NE i; fl S MACINA ~ BOSS ~ COPELAN~ and ASSOCIA?'~S, INC COh1SULFINCi ENC,INEERS Atgb LAND SURVEYORS Texas Registered Engtneering Firm F-784 1035 Cenlrai Parkway North, San Antonio, Texas 79232 (210} 545-1122 FAX [2i0J Sg5.9302 www.mhcengineers.com NJPTES AND BO[JND~S DESCRIP220N OF A 2,568 ACRE {116,232 SQUARE FEET} TRACT OF LA1~iD, BExNG THE REMAINING PORTION OF LOT 6; BLOCK 1, HUBERTUS RETAIL, AS RECORDED IN DOCq~9ENT #200806006465, PLAT RECORDS, COMAL COUNTX, 3'EXAS AND HExNG MORE PARTIC[3LARLY DESCRIBED TiV A CI,OC~CWISE MANNER AS FOLLOWS: COMMENGZNG: At a found ;~" iron rod on the southern right--of--way line of interstate highway 35 to pnblS.c xight--of-way varies}, said ~" ix-on rod being the northeast cox'ner of a called 73.323 acre tract, as recorded in Document x#200506003130, of the Deed Records of Coma], County, Texas, said ~" iron rod also being the northwest corner of Lot 2, Black 1, amending plat of Hubertus Retail, as recorded in Document #200906016499, off' the Corral County Flat Records, oft Cotnal County, Texas; r- T~#ENCE: 5 30°15'13" E, 261.48 feet, departing said south right-ot-way line of Interstate 35, along and with said common tat l~.ne of 73.323 acre tract and said I,ot 2, to a found i~" iron rod and ca~a "i'+1BC", fox the POINT OF BEGINNING of this tract; THE[~iCE: N 60°20`35" E, 424.1.6 feet, departing said east line of_ 73,323 acre tract, to a found mag nail, said mag nail being on t}xe south line of Lat 4, Block 1, Hube>;tus Retail as recorded in Document x#200806006465, of the Corral County Plat Records, of Corral County, Texas and being the northeast corner of this tract; THETICE: S 29°39'25" E, 258.62 feet, tv a found mag nail, sa~.d snag nail being the southwest corner of the x'emaining portion of Lot 5, Block 1, Hubertus Retail as recorded in Document #200806006465, of the Corral County Plat Records, of Corral County, Texas and being the southeast corner o,l: this tract, said mag nail also being on the north line of a right--of-way reservation as xecorded in Document #200906013128, of the Deed Records of Corral County, Texas; Page 7. of 3 9:\Co+~l\3082b-1103 SeIE St°iaye\LetteXp\2,668 Ao D20417.do° EXHIBIT A THENCE; S 50°59'37" ~], 95,78 feet, along and with said north Zinc of right-of-way reservation, to a found ~" iron rod and cap "MBC" fox- the point of curvature o£ a non--tangent cuz-ve to the left; THENCE: 1$3.54 feet, along and with the north line of said x-ight--of-way reservation and sand curve to the left, which has a radius of 430.00 feet, a central. angle of 24°27'21", and a chord bearing and distance of S 48°45'56" W, 182.15 .feet, to a found ~" lx'an rod and cap "MBC", at a point of tangency; THENCE: S 60°59'37" W, 45,91 feet, to a found ~" iron rod and cap "MBC°, said /" iron rid being on the east line of Raid 73.323 acre tract and the southwest coiner of this tract; THENCE: N 30°15'13° W, 292,44 feet, along the east line of said 73.323 acre tract and the west line of th~.s t]CaCt, to the POINT 0~" EEGINNINl3. I, Joe Edward Higle, Registered Professional Land Sux'veyox' do hereby affirm that this descx-iption is based on the results of a survey made on the ground by the fixm of M ~:~~` se, Copeland and Associates , Tnc , , of which a survey Wrap ~i ,~r~ J ared , R~. NO. 47$8 LAND SURVEYOR 30826-Gomel Februaxy 4, 2013 JEfi/n.t EXHIBIT A-1 Page 2 of 3 e:lcoma113oezs-110J S42E SC°rage\I.ettersl2•S68 AG 020a17.d°c }~ s ELI NbEg9 ' 8 ~ ~ ~ C '3 i ~ cn cn , ! ~ ~W ~ ~ V ~ 4 ~ ~ 1 t ~ S ~ ~~ ~ 5 ,ti ~ ~ ~ ~ i , ~ `j 1 1 1 5 1_ ~~ ~ ~~ ~ mN C ~p a p~y~ ~~ a~ ~~ a ~~~~~ P~~; od~~~ N~i~~~ j O ~ ~ ti ~ I ~ I r n ~~~° uro~~ °v~ m aaoy ~°~ ~b Y'~e i ~ ~~ ~ o ~~ ti ~ ~ sD w 73.323 ACRES (40 C~1~. 200608003134) 0 E ~ RiATA lANn LTp. ~Z~~~'~~~~P~~~~~r, N30° 15'93"4V 292.4q.' 530° 15'13"~ 281.48' ~- ~ 1 ~ 0~:~o6a ed~d5f ~ ~ ~j 4 ~ z ~ ~ ` a r 9 ro f jf - -i ~ Z I ~ a ~.~ -~ N ~I~ ~ Q C 11 ~ ~ fn ~~ ,~~ ~1 0~ },W ~ °~~ jrl N ~ W T ~ ~ r ~ gb ~ e~t~r ~ I' ] 5h~1! /yam' yTy I f/f ~ ^~ ~ IY , ~ yp r ~~~ ~ I ~ ~ +nV~+°~1~G ti ~ ~° + ~" ~ ~ m ~ ~ ~a' ~ ~ ~ .t`'A, ~ t I O f l ~ ~ ..,m ~ g o oi~~: j~ .., `~ g ~ I , ~ e~ss~ ~~ T vwua " I ~ i ~ ~~~~SS~ E s ~O C • 2909U5 ~g4651 11 I ~~ . O 0 ~ ~ ~~ ~~ ~ _ YFAIA4l.EIDOGN240~BOQ64~S5 ESN'T. , ~ 1+ J ~ ~~ e x I J ~ ~~"~ ~ ~ ~ I ~ r-- ~ I ~$~ ~ ~ ~ f $ ! ~~ I ~ '~ ~ ~~ ~ '~ °~ ~ ~ ~ ~ ~ ~ ~ ~a~g o0 O ,~ I , I I ~~ ~~ m{ I I ~ ~~ s it ~ i ~ ~;~ ~ N ~ - N~ F.M. 190 (RIGHT-OF-WAY VARfES) a ~ 0o c ~ ~~ ~ o ~~. ~~~z n~ ~, " EXHIBIT A-2 S~ 7 Z --I rn ~~ ~~ °m ~~ C~ C m b D o a ~- .. o ~ ~O '~Ty II 0 0 N 4 O lol ~ ~Y ~aa Ana u ~~ ~pp~[ - N Y C O 2 2 ~~`~ ~ °~ Sa~ dii~ ax~rc aJw~ v ~ ~ uao a~ -y ~ F i of ~~~ ~n~- ~~ ~t~e.~ ~h~ zz ~ J >~ J ~1 S ~~°~ i~n~ n ~S . °~. - 1 ~ ~1'' ~ ._.._.. _.-.. .1.. - ,~~~ 5. `- -- ~---- --- 1- . E b _ -r - ~~~~ ~~ ail % - I ~ ~°~~, yi it I ~ I •I ~ -- - ~ -~ 1 _ I F III !I ~ rr~ ..n..~~.,. '- -~ _ ii ~! w 11 ~4 ~ _~ ~' ' , ~ ~ '~~~ry ' ~' 1 1 a '. a ~ 1 4 11 ~ , 1 ~ ~_ ^ ~ -'1: '~ J~ 1~~~_ q.R •~y a 71 ~ F 3 ~ ~1\ •. 1 r~ ~ e~~` . !1 Ilj ~ i ~Yag 5 ~ 'if. 1r'-fi '-L Ji_ pl. 1 ~I ~ i .- _~, _ ~~,.- ~, rt ,,t J I, I' 1 -s~~ ~ I ~ A - ~ - ~ mrwa iomnrs •.r _ a.alc a.na,a. ~ a.T;l 1 ~~~ 3aaia3~~ ~~~~ `~s_~~ _ ~I ~. ~ o ~ EXHIBIT B 0 - F I ~~ °~~ ~~3'fll a4 "s Oy o ~ Q ~ {~{ ~ f ea o _ ~~ ~~_ ~ a_ ~ O ,~„ ~ a v o=~, a ~ ~'°~ W ~ ~, ~F a~~ o ~' m~ -a 4 z a Z V V ~ ^~ L..L ~ ~ m ~XC? ~~'~ ~~~ W(~- (!)WX i„ ~ = l.~l o~ ~~ z z N y .,11 s'J `d~j 1 ~Ty. .11.~ ~1~ ~~~4°'s ~~ I ~:~, ~. ..:~ ,1 p.: ~ ab s i i Ir a,~~ ~ !.~ - Hubcrtus Retail PDD Standards Introduction This PDD will develop according to the base zoning district of General Business (GB) under the Schertz Unified Development Code (UDC}, A mixed use Mini- Warehouse/Public Storage is allowed by right in Phis Planned Development District (PDD) and shall include no less than three and eight-tenths percent (3.8%) of the net leasable area of the primary structure of the PDD as leasable affrces with entrances facing the exterior. General Devela meat Standards A. Planned Development District:, This PDD shall be governed by the teams of the UDC, Article 5, Sec. 21.5.10. B. U_se of Land and building: The permitted uses within this PDD shall be those allowed in accordance with the General Business (GB) district except Mir1i- Warehouse/Public Storage which is allowed as per the requirements of #his PDD. The property shall be used in accordance and subject to compliance with the dimensional and development standards prescribed in the UDC and as amended. C. Li ht and Glare Standards: The standards for this development shall be regulated by tlae regulations of the City of San Antonio's Military Lighting Overlay District (in effect as of 3une 1, 2013) and the UDC, provided that the PDD will comply with the more restrictive standard. D. Development of Mini-Storage~nblic Warehouse_ The development of the property will be developed in accordance with the UDC and as amended, except for the following as it pertains ko Mini-Warehouse/Public Storage: a. Landsca in standards: Landscaping shall 6e provided in accordance with UDC, Sec. 21.9.7 Landscaping. The south side of the property shall provide a minimum twenty foot {20') landscape buffer with trees planted at minimum of one (1) shade tree planted for each thirty lijxear feet (30') and shrubs planted at minimum often (10) shrubs for each fifty linear feet (SO') of the landscape buffer. b. Cxlazing standards; At least thirty percent (30%) of the front farrade shall provide, on the ground level floor, windows and doors that allow for visibility into the primary climate-controlled commercial building or store. The ground level floor is measured from the finished floor elevation up to eight feet (S') in height as depicted in the architectural elevations provided herein. EXH><13IT C N174684v3 067318.1 c. Facade Articulations: Horizontal and vertical facade a-ticulations shall be constructed as depicted in the architectural elevations provided herein. d. Exterior material standards: In addition to requirements of Section 21.9.5(B} of the UDC, the north facade of each building within the PDD (those facing IH-35) shall be clad entirely with stone, brick, and/or veneer appearing as stone or brick, but shall exclude: (i) windows, (ii) doors, (iii) those articulated portions of the facade which may be concrete masonry units or (iv) portions of the facade that are concrete masonry units covered by stucco, as depicted in the architectural elevation(s) provided herein. e. Low-water_ Use_Project: The project will incorporate a system by which rainwater landing on stivctures within the development will be captured and recovered in a large rainwater cistern, as depicted in the specifications attached herein this PDD. This rainwater will be, in turn, used to supplement the water needed to irrigate the landscaping on the property. EXC~IBIT C-] kf3746R4v3 467318.1