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PZ 04-13-2016 AGENDA with associated documents' ENO �kik " e ;. •. MOO 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team 2. HEARING OF RESIDENTS This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill out the Speaker's register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 3. PUBLIC HEARING: The Planning and Zoning Commission will hold a public hearing related to zone change requests and replats within this agenda. The public hearing will be opened to receive a report from staff the applicant, the adjoining property owners affected by the applicant's request, and any other interested persons. Upon completion, the public hearing will be closed. The Commission will discuss and consider the application, and may request additional information from staff or the applicant, if required. After deliberation, the Commission is asked to consider and act upon the following requests and make a recommendation to the City Council if necessary. A. ZC2016 -001 Hold a public hearing, consider and act upon a request to rezone approximately 3 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The property is specifically Lot 1, Block 9 of the Verde Enterprise Business Park, Unit 2 subdivision and is located at 17145 IH -35N, City of Schertz, Guadalupe County, Texas. 4. REQUESTS AND ANNOUNCEMENTS: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. B. Announcements by Commissioners. City and community events attended and to be attended Continuing education events attended and to be attended C. Announcements by City Staff. • City Staff Update Planning & Zoning April 13, 2016 Page 1 of 2 • City and community events attended and to be attended. • NEW SITE PLAN APPLICATIONS: The no site plans were submitted to the Planning and Zoning Department between March 5, 2016 and April 8, 2016. 5. ADJOURNMENT OF THE REGULAR MEETING CERTIFICATION I, Bryce Cox, Senior Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 8 " day of April, 2016 at 5:00 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551, Texas Government Code. Bace"Caw Bryce Cox, Planner I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was removed from the official bulletin board on day of , 2016. title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 6I9 -1030 at least 24 hours in advance of meeting. The Planning and Zoning Commission for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. Planning & Zoning April 13, 2016 Page 2 of 2 TO: Planning and Zoning Commission CASE: ZC2016 -001 Verde Enterprise Business Park, Unit 2, Lot 1, Block 9 - Zoning SUBJECT: Hold a public hearing, consider and act upon a request to rezone approximately 3 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The property is specifically Lot 1, Block 9 of the Verde Enterprise Business Park, Unit 2 subdivision and is located at 17145 IH -35N, City of Schertz, Guadalupe County, Texas. GENERAL INFORMATION: Owner /Applicant: Sattz Candlewood LLC, Vikash Patel Project Engineer: HMT Engineering and Surveying, Chris Crim February 3, 2016 March 10, 2016 March 24, 2016 (Original Application) (Revised Application) (Revised Application) PUBLIC NOTICE: Six (6) public hearing notices were mailed to surrounding property owners on April 1, 2016 with a public hearing notice to be published in "The Daily Commercial Recorder" and the "Herald" prior to the City Council public hearing. At the time of this staff report no responses have been received. ITEM SUMMARY: The applicant is proposing to rezone approximately 3 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The Verde Enterprise Business Park PUD Ordinance 07 -S -14A was approved by City Council on March 6, 2007 to allow a mix of commercial and industrial uses. The request is to develop Lot 1, Block 9 of Unit 2 in accordance with the existing PUD Ordinance 07 -S -14A with the exception to the building setback adjacent to property located outside the PDD that is commercial or industrial. LAND USES AND ZONING: Subject Property: Zoning Land Use Planned Unit Development (PDD) Undeveloped d Planned Development District (PDD) Commercial / Hotel Adjacent Properties: Zoning North Planned Development District (PDD) South Right -of -Way (ROW) East General Business (GB) West Right -of -Way (ROW) and Planned Development District (PDD) Land Use Office /Warehouse IH -35 Automotive Repair, Major Mid - Cities Parkway and Commercial/ Retail GENERAL LOCATION AND SITE DESCRIPTION: The subject property is an approximately 3 acre tract of land that is located on the north east corner of the intersection of Mid- Cities Parkway and IH -35. The property is currently undeveloped. PROPOSED ZONING: The request is to rezone the subject property generally to modify the development standards to change the setbacks for buildings from a perimeter lot line or property outside of the PUD from 50' to 20'. The subject property shall develop in accordance with the regulations of Ordinance 07 -S -14A except as follows: IV. AMENDMENTS TO COMMERCIAL AREA DEVLEPMENT STANDARDS A.1 Building Setback All buildings shall have a setback of at least twenty feet (20') from a perimeter lot line of property outside of the PUD. [7.9A(c)]. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of the zoning request. Staff has reviewed the request and is of the opinion that that proposed zoning request will be compatible with the surrounding adjacent land uses. It is unclear why the PUD was written to have a greater setback adjacent to commercial or industrial uses when the current zoning of General Business (GB) for the adjacent property located outside the PDD has a minimum side yard setback of =_* (ill Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is making a recommendation to City Council on the propose zoning application. In considering action on a zoning application, the Commission should consider the criteria within UDC, Section 21.5.4 D. Attachments: Aerial Map PDD Document Ord. No. 07 -S -14A iN �n N N B 0 `m OWNER /APPLICANT: SATTZ CANDLEWOOD, LLC 329 S. GUADALUPE ST. SAN MARCOS, TX 78666 512- 392 -8111 Eau ENGINEERING & SURVEYING II I I LOT 1, BLOCK 10 \ TRI COUNTY BUSINESS AND INDUSTRIAL PARK Uf "T " VOL. 6, PAGE 209 O P. R. G. C. T. OWNER: PROLOGIS TEXAS 1 LP.. C/O PROLOGIS TAX COORDINATOR PROPERTY ID: 44510 ZONING: GB LAND USE:. INDUSTRIAL I I 1 i I I I 1 410 N. SEGUIN AVE. NEW BRAUNFELS, TEXAS 78130 WWW.HMTNB.COM PH: (830)625-8555 TBPLS FIRM 10153600 TBPE FIRM F -10961 APPROXIMATE LIMITS OF 100 YEAR FLOOOPLAIN (SEE NOTE 1) LOT 2, BLOCKS VERDE ENTERPRISE BUSINESS PARK VOL. 7, :PAGE 328 O. P. R. G. C. T. OWNER: MID CITIES 35 BUILDING PARTNERS 1 LP: PROPERTY IN 131217 ZONING PDD LAND USE: INDUSTRIAL LOT 9, BLOCK 1 TRI COUNTY BUSINESS AND INDUSTRIAL PARK UNIT 1 VOL. 5, PAGE 372A 0.P F.G.C.T. OWNER:. GARDEN RIDGE LANDLP. PROPERTY ID: 44505 ZONING: GB - t — LAND USE:. INDUSTRIAL A- VARIABLE WIDTH DRAINAGE ESMT �� L cin•en'ne "r zA a nl' o \ <r < Y w_w w oz 10 I 0 o +I 50.0' -..'. N30'22'43 "W 231.61'' MID - CITIES PKWY o (VARIABLE WIDTH. 60' MINIMUM) (VOL.. 7, PG.. 330 O.P.R.G.C.T.) 0 r1i LOT 3, BLOCK 10 LOT 1, BLOCK. 10 / VERDE ENTERPRISE BUSINESS PAR VERDE ENTERPRISE BUSINESS PARK VOL. 7, PAGE 639 VOL. 7, PAGE 326 O.P.R.G.C.T. O.P.R.G.C.L / \ OWNER: LANDMARK 35 DRIVE OWNER: VERDE SOUTH PARTNERS LTD. \ / PROPERTIES LTD. C/O FULCRUM PROPERTY GROUP INC. PROPERTY ID: 140302 PROPERTY ID: 131215 ZONING. PDD ZONING: PRE LAND USE: INDUSTRIAL LAND :USE`. COMMERCIAL LOCATION MAP NOT TO SCALE NOTES: 1. A PORTION OF THE SUBDIVISION IS LOCATED WITHIN ANY SPECIAL FLOOD HAZARD AREA (100 YR. FLOOD) AS DEFINED BY THE GUADALUPE r COUNTY, TEXAS, FLOOD INSURANCE RATE MAP NUMBER 48187CO210F, s EFFECTIVE DATE NOVEMBER 2, .2007 AND MODIFIED BY LOMR 12-06-1767P-48187C EFFECTIVE OCTOBER 17 2012 AS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. I I SCALE: 1 "-60' LEGEND: • END 1/2" IRON PIN O - SET 1/2" IRON PIN W/ PLASTIC CAP STAMPED "HMT" B. L. = BUILDING SETBACK .LINE J. E. - UTILITY EASEMENT N.A.E. NON - ACCESS EASEMENT E,G,T, &CATV ELECTRIC, GAS, TELEPHONE & CABLE TELEVISION ESMT. R.O.W. - RIGHT-OF-WAY M.P.R.G.C.T. = MAP AND PLAT RECORDS, GUADALUPE COUNTY, TEXAS O.P.R.G.C.T. - OFFICIAL PUBLIC RECORDS, GUADALUPE COUNTY. TEXAS ►L�l�ll�[tlilal:3�1 VERDE ENTERPRISE BUSINESS PARK UNIT 2, LOT 1 BEING 2.76 ACRES OUT OF THE TORIBIO HERRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, TEXAS, AND BEING ALL OF LOT 1, BLOCK 9, VERDE ENTERPRISE BUSINESS PARK UNIT 2, RECORDED IN VOLUME 7, PACE 327, PLAT RECORDS, GUADALUPE COUNTY, TEXAS. PAGE 1 OF 1 ZONING BOUNDARY LINE 04 LOT 1 III N > a z a 2.76 AC. w Y� oI BLOCK 9 NI rj � z O� °'� OWNER MID CITIES 35 PARTNERS LP. I ,fA o z w _ PROPERTY ID: 1131216 iA z m EXISTING ZONING: PUD (2.76 AC.) -- PROPOSED ZONING: PER (2,76 AC,) p > LAND USE COMMERCIAL M uj M Z / 1t Vol ^�.. Y S O 20 E,G,T, & CATV �- /,15tK 70NINIG IRnIJNDARY IRE o \ <r < Y w_w w oz 10 I 0 o +I 50.0' -..'. N30'22'43 "W 231.61'' MID - CITIES PKWY o (VARIABLE WIDTH. 60' MINIMUM) (VOL.. 7, PG.. 330 O.P.R.G.C.T.) 0 r1i LOT 3, BLOCK 10 LOT 1, BLOCK. 10 / VERDE ENTERPRISE BUSINESS PAR VERDE ENTERPRISE BUSINESS PARK VOL. 7, PAGE 639 VOL. 7, PAGE 326 O.P.R.G.C.T. O.P.R.G.C.L / \ OWNER: LANDMARK 35 DRIVE OWNER: VERDE SOUTH PARTNERS LTD. \ / PROPERTIES LTD. C/O FULCRUM PROPERTY GROUP INC. PROPERTY ID: 140302 PROPERTY ID: 131215 ZONING. PDD ZONING: PRE LAND USE: INDUSTRIAL LAND :USE`. COMMERCIAL LOCATION MAP NOT TO SCALE NOTES: 1. A PORTION OF THE SUBDIVISION IS LOCATED WITHIN ANY SPECIAL FLOOD HAZARD AREA (100 YR. FLOOD) AS DEFINED BY THE GUADALUPE r COUNTY, TEXAS, FLOOD INSURANCE RATE MAP NUMBER 48187CO210F, s EFFECTIVE DATE NOVEMBER 2, .2007 AND MODIFIED BY LOMR 12-06-1767P-48187C EFFECTIVE OCTOBER 17 2012 AS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. I I SCALE: 1 "-60' LEGEND: • END 1/2" IRON PIN O - SET 1/2" IRON PIN W/ PLASTIC CAP STAMPED "HMT" B. L. = BUILDING SETBACK .LINE J. E. - UTILITY EASEMENT N.A.E. NON - ACCESS EASEMENT E,G,T, &CATV ELECTRIC, GAS, TELEPHONE & CABLE TELEVISION ESMT. R.O.W. - RIGHT-OF-WAY M.P.R.G.C.T. = MAP AND PLAT RECORDS, GUADALUPE COUNTY, TEXAS O.P.R.G.C.T. - OFFICIAL PUBLIC RECORDS, GUADALUPE COUNTY. TEXAS ►L�l�ll�[tlilal:3�1 VERDE ENTERPRISE BUSINESS PARK UNIT 2, LOT 1 BEING 2.76 ACRES OUT OF THE TORIBIO HERRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, TEXAS, AND BEING ALL OF LOT 1, BLOCK 9, VERDE ENTERPRISE BUSINESS PARK UNIT 2, RECORDED IN VOLUME 7, PACE 327, PLAT RECORDS, GUADALUPE COUNTY, TEXAS. PAGE 1 OF 1 `4? F� SC HHE1L \h. Z COMMUNITY* SERVICE -OPPORTUNITY e� ES 17145 IH35N (131216) 6 I Mab " L zL z — �_ Li d� ,N P, 7 N S 07 -S -14 A ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96 -S -28 BY REZONING 127.25±, 68.21±, AND 14.25± ACRES OUT OF THE TORRIBIA HERRERA SURVEY NO. 68, ABSTRACT NO. 153, IN GUADALUPE COUNTY AND COMAL, SCHERTZ, TEXAS FROM MANUFACTURE DISTRICT -LIGHT (M- 1) AND GENERAL BUSINESS DISTRICT (GB) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD); PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, UDC Ordinance No. 96 -S -28 of the City of Schertz, Texas is hereby amended in the following manner. SECTION I "Rezoning 127.25 ±, 68.21 ±, and 14.25± acres being situated out of the Torribia Herrera Survey No.68, Abstract No. 153, Guadalupe and Comal County, Schertz Texas, being more particularly described in the Field Notes and Map, as attached hereto as Exhibit A, and made a part hereof, from Manufacturing District -Light (M -1)and General Business District (GB) to Planned Unit Development District (PUD), according to the guidelines set forth in Exhibit `B ". SECTION II THAT, The Zoning District Map described and referred to in Article III, of the UDC, Ordinance 96 -S -28 shall be changed to reflect the above amendments. ZCZC2006 -021 SECTION III THAT this Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. SECTION IV THAT all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Approved on first reading the 20th day of February, 2007. PASSED, APPROVED AND ADOPTED the 6th day of March, 2007. ayor, City 0' f Schertz, Texas ATTEST: 1-� . t Secret y, City of Schertz, Texas (SEAT, OF THE CITY) ZCZC2006 -021 EXHIBIT A MUM AND BOUNDS DESC2tI MON FORA 127.252 ACgE TRACE OF LAND Being 127.252 saes of hard opt of the Toaibia Herrera Smay No. 68, Abstract No. 153, Clasdabtpe and Cord County, Texas, and being oat of that eerta6t 234.13 sae tact of lard as described in dead recorded in Vohtme 768. Page 800 mod Vebwc 74M Page 812 of duo Official Records of Cores! County, Texas, and said 127.252 mere tract of held being teen particu lady described as follows: Beginning at a 64" iron pin Pound ter the tenet Wederly coma of Lot 8, Th- County Bminoss do indostriai Park Unit 2 as recorded in Volom S. Pap 121 -124 of the Map and Plat Records of Camel Cowry, Texas; Thence with the SouWwast Ewer of aid Td- County Business A Industrial Park Unit 2, Genaine Parts Subdivision as recalled in Volmne'S. Purge 3968, mad Lot 11. Lot 10, and Lot 9 of Td-COINVY bdoetrial Pelt Unit 1, S 300 03' 50" B a dislow of3656.22 feat to a 14" iron pin 6und in the Northwest 918bt -of way line of haustate B'ighvwy No. 35 Them with the Northwest rig W way fin of Tnteaftm HiSbuy 3S, S 60° 00' 10" W, a diatanco of 859.17 teat to a W iron pia with alp stamped "FI$1W fated for the Easterly corset of a 8.050 acre tract of land as described in Volum 1484, Page 902 ofthe Deed Records of Gusdsbrpe (county, Taxes; Thence with the Noz*mst lines of said 8.050 sae tract of land N 290 56' 45" W a dis mute of 281.95 fixer to s ifs iron pin with cap dwgpW "P73HSlr found for the Easterly corner dBescon Cirola Subdivision Unit 1. said Beacon Circle Unit 1 being a portion ofsatd 8.050 sae tact offend; Throne continuing with a Nordtew line, N 30.01' 22" W a dbb= o(543.98 fart to a 518" iron pin Amod for an had" corner of this hmb descr9W tract of land, the most Nm*ody comer of said 8.050 acre tract of land; Thence S 62° 14' 03" W a distance of 386.17 ket to a S/8" iron pin $mad foi a comer of aid 8.050 acre tract of land; Thence S 30° 54' 31" E a distamx of294.17 feet to a 54" iron pia with orange cap stamped "C do B PROP CO &" sot for an interior caner of this herein desatbW tract of land, a northatiy corms of a 0.775 an tract of toll as deaoriled in Vohnne 1279. Page 483 of the Dad Reoads of Oaadnlupa C mety, Texas Thence with the Nora and West barntdaty lines ofsaid 0.775 acre tract of land the following calls: S 590 16'06" W a distance of 60.00 fat to a %" iron pin with otmge cap stamped IT & B PROP COR." set at a point of corvalm oft an tangent cum to the right, Them with aid nun tangent curve to the right basing a radios of 172.39 feel, an Werior angle of 330 01136", an arc length of 9937 Zim% and a chord bearing and distance of S 14.13.09" E 98.00 feet to a Ys" iron pin with orange cap sta+tgW "C & B PROP COR." set; Tbence S 02° 24' 01" W a distmce of3032 fend to a %" son pin with orange cap stopped "C do B PROP COR." set at a point of ctrvant a of* mw a the left; EXHIBIT A (page 2) Thence with said curvy to die left Laving a radius of 232.30 text, an Wevior angle of 32° 59' 25 ", an arc length of 133.81 lWt and a chord baring and du mum of S 14014112"N 131-97 feet to a 14" iron pin with otaW cap stamped "C AD PROP COR ' sat; and S 300 43' 154" S a 4Wmm of 299.34 feet to s h4" hou pin with otuW ap samped "C &D PROP COR." set in do Notthwea tight -of- -way flu of said b*rdsta HigMvay Nor 33; Mom wbh said Naa worst tW* of -say lima of 1H 35, S 6010 00' 15" W a dig anca of 11355 feet to a W Lora pin wits cap stamped"FwW found for the troat SomMorly corns of dds b Brain dwa%ed 127252 sane tryst of'lsod, So Ens" cosec of a tray of bnd as recorded In Volume 584 Page 590 ofthe Dead Recalls ofGundah pe County, Taxes; Tbwm with do Scuftestaty lives of this Lama dnmlwd tract of lead, the falbwiog cWb: N 30° 06' SS" W a distance of 1012.03 feet Won iron pin with cap atloVed "FISHER" ibund for an iotaricr coca of thb basin described tract of land: and S 60° 04' 32" W a distance of 181.37 feet to an kvc pin with cap stamped "PISl1ER" found in the East lies of a 39.472 soya usa of land; Thorne* N 300 05' 15" W, passing an Bsstaly cone r of a 27.741 am had of bud at 768.09 feet, the Nord sly oomw of sdd27.741 sae that. dw Eaataly,,tsar of s 14.232 acre &m oflsnd at 1944.29 fast. and oond u bS a total disaaea of264429 feet to a t!2" iron pia tbund for dte Norlban comer of "id 14.232 act tract of Md. tea Wessody comer of tbb herein loathed 127252 acne toot of land. and being in the Southotowly lime of s 38.753 acre trod of Ind catled a Save and Swept tact as dosmik ed in deed and recorded in Vohhme 768, Page 300 and Vohua 768, Papa 812 of the Of ximl Records of Corral County, Texas; Tht m dopsrtutg said Woody comer and across said 234.173 acre trail of bud, N 600 00' 57"2 a diem w of 1672.17 fast to dw Pboe Of Reoniag sod costeining 127.252 acres of land. Som" &xW*8 wepmed this dAy 7amtary 26, 2005 ,/.,v L Registered Profess 1 Sutveya No. 5348 s:u,eteiattsar�txe� two hKtwno+r6.{3�.eptasr« Revised 15/11/2005 EXHIBIT A (page 3) METES AND BOUNDS DESCRIPTION FOR A 68.207 ACRE TRACT OF LAND Being 68.207 acres of land out of the Torribia Herrera Survey No. 68, Abstract No. 153, Carnal County, Texas, and being those certain tracts described as a 27.741 acres In Volume 2078, Page 983 of the Deed Records of Guadalupe County, Texas, and the remainder of an 87.58 acre tract of land as recorded on Volume 60, Page 546 of the Deed. Records of Comol County, Texas, and sold 68.207 acre tract of land being more particularly described as follows: Beginning at a Texas Deportment of Transportation Type II monument found at the Northerly cutback of Interstate Highway 35 and Lookout Road, and being a Southerly corner of this herein described 68.207 acre tract of land; Thence with the. Northeasterly line of Lookout Road, N 30' 10' 34" W, passing a W, iron pin with red cap stamped "VICKERY" found for the Southerly corner of a called 27.741 acre tract of land at 1730.29 feet, and continuing a total distance of 2996.54 feet to a %" Iron pin with yellow cap stamped "KOLODZIE" found for the Southerly corner of a called 14.100 acres in Volume 443, page 446 of the Deed Records of Guadalupe County, Texas and Volume 188, Page 686 of the Official Records of Comal County, Texas, and being the most Westerly corner of this herein described 68.207 acre tract of land; Thence departing said Lookout Road and with the Southeasterly line of sold 14.100 acre tract of land, N 65' 14' 52" E a distance of 996.34 feet to a Iron pin with yellow cap stamped "KOLOD'ZIE" found in the Southwesterly line of a 234.13 acre tract of land as described In deed recorded in Volume 768, Page 800 and Volume 768, Page 812 of the Official Records of Carnal County, Texas, and being the Easterly corner of said 14.100 acres, the most Northerly corner of this herein described 68.207 acre tract of land; containing 68.207 Thence with the Southwesterly line of said 234.13 acres, S 30' 05' 15" E, passing a 1h" Iron pin with red cap stamped "FISHER" found for the most Easterly corner of said 27.741 acre tract of land, and continuing a total distance of 2974.83 feet to a 1 Iron pin with orange cap stamped "C & B PROP COR." set in the Northwesterly right —of —way line of Interstate Highway 35; Thence with said Northwesterly right —of —way line of Interstate Highway 35, the following calls: S 65' 16' 27" W a distance of 206.69 feet to a 1" square iron pin found for a corner; S 59' 55' 20" W a distance of 319.15 feet to a iron pin with red cap stamped "VICKERY" found for a corner; S 60' 04' 50" W a distance of 412.39 feet to a Texas Department of Transportation Type 11 monument found at a cutback to Lookout Road; and N 74' 55' 25" W a distance of 71.02 feet to the Place Of Beginning and containing 68.207 acres of land. EXHIBIT A (page 4) METES AND BOUNDS DESCRIPTION FOR A 14.254 ACRE TRACT OF LAND Being 14.254 acres of land out of the Torriblo Herrera Survey No. 68, Abstract No. 153, Corral County, Texas, and being that certain tract described as 14.100 acres in Volume 443, page 446 of the Deed Records of Guadalupe County, Texas and Volume 188, Page 686 of the Official Records of Comal County, Texas, and said 14.254 acre tract of land being more particularly described as follows: Beginning at a %" iron pin found for the most Westerly corner of a 234.13 acre tract of land as described in deed recorded in Volume 768, Page 800 and Volume 768, Page 812 of the Official Records of Corral County, Texas, and being in the Southeasterly line of a 38.753 acre tract of land called a Save and Except tract as described In deed and recorded In Volume 768, Page 800 and Volume 768, Page 812 of the Official Records of Comal County, Texas, and being the most northerly corner of this herein described 14.254 acre tract of land; Thence with the Southwesterly line of sold 234.13 acre tract, S 30' 05' 15" E a distance of 671.22 feet to a Y2" Iron pin with yellow cap stomped "KOLODZIE" found for the most Northerly corner of a coiled 27.741 acre tract of land as recorded in Volume ,2078, Page 983 of the Deed Records of Guadalupe County, Texas, ..ond being the most Easterly corner of this herein described 14.254 acre tract of land; Thence departing the Southeasterly line of said 234.13 acre tract of land, the Northerly corner of sold 27.741 acre tract of land, S 65' 14' 52" W, a distance of 996.34 feet to a 14" iron pin with yellow cap starnped "KOLODZIE" found for the most Westerly corner of sold 27.741 acre tract of land, the Northeast fine of Lookout Road, and being the most Southerly corner of this herein described 14.254 acre tract of fond; Thence departing the Westerly corner of said 27.741 acre tract of land, and with the Northeast line of Lookout Road, N 30' 10' 34" W, a distance of 580.12 feet to'o �" Iron pin found for a Southerly corner of sold 38.753 acre tract of land, and being the most Westerly corner of this herein described 14.254 acre tract of land; Thence with the common line of sold 38.753 acre tract of land, and this herein described 14,2.54 acre tract of land, N 60' 00' 07" E a distance of 992.92 feet to the Place Of Beginning and containing 14.254 acres of land. EXHIBIT —B February 8, 2007 Update Enterprise Business Park PUD Standards I. DEFINITIONS A. Commercial Area That certain area designated as "Commercial Area" on Schedule 1 attached hereto and made a part hereof for all purposes. B. Fagade Any exterior wall of a building exposed to public view [7.9C (a)]. C. General Open Space An outdoor or unenclosed area located on the ground or on a roof, balcony, deck, porch or terrace, designed and accessible for outdoor recreation, pedestrian access or landscaping, excluding parking facilities and driveways [7.6A(a)]. D. Gross Floor Area (GFA) The total area of the covered floor space measured between the center line of party walls, including the thickness of external walls, but excluding voids. E. Industrial Area That certain area designated as "Industrial Area" on Schedule 1. F. Major Electric /Telephone /Transmission Lines Any electric /telephone /transmission or other service line not having a direct building service /feed and which runs from metal poles [7.6C(i)]. G. Permitted Uses All uses permitted by right within an "M -1" (Manufacture District — Light) zoning district under the Unified Development Code (Article IV, Section 5), and all uses permitted by right within a "GB" (General Business District) zoning district under the UDC (Article IV, Section 5), unless otherwise listed below under "Prohibited Uses ". H. Prohibited Uses The following uses shall be prohibited on the property: 1. Animal control facility; 2. Flea market; 3. Portable building sales; 4. Recreational vehicle sales and service; 5. Sexually Oriented Business; 6. Trailer /Manufactured homes sales; 7. Truck sales/heavy equipment; 139200.00002 109693 v1 February 8, 2007 Update 8. Waste disposal facility (public); 9. Wrecking or salvage yard; and 10. Any use that emits noxious or hazardous odors. I. Significant Natural Features Unique natural features, the destruction of which would constitute a significant loss for a larger community (local, state, national or global), including, but not limited to, wetlands, creeks or rivers or karst formations (limestone caves) [7.6A(b)]. J. Tractor - Trailer An articulated truck consisting of a towing engine and a semi - trailer (plus possible additional trailers) that carries freight. K. Typical Utility Mains /Service Lines Water mains, sanitary sewer mains, electrical lines, telephone lines, cable television lines, fiber optic lines or similar lines, and storm drain pipes/box culverts other than Major Electric /Telephone /Transmission Lines [7.6C(i)]. L. UDC The City of Schertz Unified Development Code, which is Ordinance No. 96 -S -28. Note: Any corresponding existing UDC provision, proposed for amendment or requiring additional specificity in the form of new definitions below, is referenced in brackets. II. GENERAL DEVELOPMENT STANDARDS Except as noted herein, the terms of the City of Schertz Planned Unit Development (PUD) Ordinance 05 -S -50, which is Section 7 of the UDC, shall apply. Unless otherwise specified herein, all future development on the Property shall be governed by the terms of the UDC in effect of the effective date of this zoning ordinance. III. AMENDMENTS TO GENERAL DEVELOPMENT STANDARDS A. General Open Space Provisions 1. General Open Space shall not be required to exceed landscaped areas (excluding medians) and drainage channels [7.6A(a)]. 2. The Property has no significant natural features to preserve [7.6A(b)]. 3. All six (6) inch DBH (Diameter at Breast Height) hardwood trees shall be preserved or mitigated and 139200.00002 109693 v1 February 8, 2007 Update inventoried, except for those located within a proposed building footprint [7.6A(e)]. 4. All medians and drainage channels shall be maintained as common areas by business park management [7.6B(b)]. B. Screening and Buffering Screening and buffering may be accomplished via landscaping, trees (including existing trees), fences, walls, or any combination thereof. Fences and walls may be at heights desired by Developer, but with a minimum height of six (6) feet [7.6C (e)]. C. Interconnectivity Vehicular interconnectivity shall be provided for all contiguous buildings in the Commercial Area along the IH -35 frontage road [7.6C(f)]. D. Screening of Trash Enclosures All trash enclosures shall be screened from view utilizing landscaping, trees, fences, walls, or any combination thereof, and shall have a minimum height of six (6) feet [7.6C(g)]. E. Utilities Typical Utility Mains /Service Lines shall be buried, except for Major Electric /Telephone /Transmission Lines [7.6C(i)]. F. Stormwater The project shall demonstrate that, as compared with the condition that would have existed on the Property without development, no phase of the PUD shall result in a net loss in storage capacity for stormwater. The project must comply with Federal Emergency Management Administration (FEMA) requirements, including the Code of Federal Regulations (CFR) 44 [7.6CO)]. IV. AMENDMENTS TO COMMERCIAL AREA DEVELOPMENT STANDARDS A. Building Height Commercial building height shall be limited to a maximum of sixty (60) feet [7.9A(a)]. B. Parking One hundred percent (100 %) of parking spaces shall abut either a landscaped separation or a sidewalk, except for service parking areas behind the buildings [7.9A(g)]. 139200.00002 109693 v1 February 8, 2007 Update C. Commercial Architectural and Site Design 1. Every one hundred (100) feet of building length shall incorporate a minimum of one (1) architectural element, such as an arcade, roof, alcove, portico or awning [7.9C(a)]. 2. The primary orientation of the commercial /retail buildings shall be toward a street, excepting any office pad sites within the Commercial Area. For the purposes of this requirement, a building shall be deemed oriented toward a street if the major entry feature of the building generally faces the street. [7.9C(d)]. 3. Loading docks shall be located at the rear of commercial /retail buildings [7.9C(f)]. 4. Windows shall be inset a minimum of three (3) inches [7.9C(h) & 7.9C(i)]. V. AMENDMENTS TO INDUSTRIAL AREA DEVELOPMENT STANDARDS A. Building Height Industrial building height shall be limited to a maximum of forty - five (45) feet [7.1OB(a)]. B. Screening 1. Service or storage yards shall be screened with a minimum height of six (6) feet, but they may be located other than at the rear of the building [7.1 O13(c)(3)]. 2. Loading docks shall be screened with landscaping, trees, fences, or walls, or any combination thereof, and at a minimum height of six (6) feet [7.1 OB(d)]. C. Industrial Architectural and Site Design 1. Awnings will be incorporated into the building designs where commercially reasonable [7.1 OD(a) & 7.1 OD(b)]. 2. Parking shall be permitted in the front of buildings [7.1013(g)]. VI. AMENDMENTS TO SIGN STANDARDS A. Permitting [Article IX, 5.11 Commercial Area Permitting from the City of Schertz is required initially for each sign in the Commercial Area. However, no permits are required to relocate "For Sale" or "For Lease" signs in the Commercial Area. 139200.00002 109693 v1 February 8, 2007 Update 2. Industrial Area Permitting is not required for the installation of "For Sale" or "For Lease" signs in the Industrial Area. B. Number of Signs (General Provisions) Except as noted herein, all businesses /tenants shall be permitted two (2) exterior on- premise signs: one (1) wall sign and one (1) free- standing sign. Additionally, if the fagade length of a building exceeds five hundred (500) feet, two (2) monument signs shall be permitted at a distance of at least four hundred (400) feet from each other [Article IX, 7.3]. C. Maximum Height (Monument Signs) Project identification monument signs along Interstate 35 shall not exceed a maximum of nine (9) feet in height. Monument signs within the Commercial Area shall not exceed five (5) feet six (6) inches in height. Monument signs in the Industrial Area shall not exceed twelve (12) feet, four (4) inches in height [Article IX, 7.5C]. D. Maximum Square Footage (Monument Signs) Monument signs along Interstate 35 shall not exceed two hundred fifty (250) total square feet per sign side. Other monument signs (i.e., not located along IH -35) shall not exceed one hundred eighty (180) total square feet per sign side [Article IX, 7.51)]. E. Number of Signs (Industrial Area Monument Signs) One (1) monument sign shall be permitted for each building in the Industrial Area; provided, however, if the fagade length of a building exceeds five hundred (500) feet, two (2) monument signs shall be permitted at a distance of at least four hundred (400) feet from each other [Article IX, 7.5E]. F. For Sale or Lease Signs (Real Estate Signs) There shall be a maximum of one (1) "For Sale" or "For Lease" sign for each building facade fronting a public or private street or private driveway, unless the building fagade length exceeds five hundred (500) feet, in which case two (2) "For Sale" or "For Lease" signs shall be permitted, but no closer than within four hundred (400) feet of each other [Article IX, 7.13(3)]. G. Number of Signs (Multi- Tenant) In addition to the signs otherwise permitted herein, multi- tenant buildings shall be permitted to have a directory sign at each intersection of a public or private street or private driveway [Article IX, 8.9B(1)]. 139200.00002 109693 v1 February 8, 2007 Update H. Maximum Square Footage (Multi- Tenant) Tenant signs grouped in a directory arrangement shall not exceed twenty four (24) square feet for each tenant sign [Article IX, 8.9B(2)]. VII. PARKING [Article X, 7.21 The following parking ratios shall be: 1. Commercial Office: 3 spaces /1000 sf GFA; and Retail: 4 spaces/ 1000 sf GFA; 2. Warehouse Buildings under 150,000 sf Office: 3 spaces /1000 sf GFA; and Warehouse: 1 space /5000 sf GFA; 3. Warehouse Buildings over 150,000 sf Office: 3 spaces /1000 sf GFA; and Warehouse: 1 space /10000 sf GFA; and 4. Excess Tractor - Trailer Parkin Ratios Buildings containing 300,000 square feet of GFA or more shall have a staging area requirement of one (1) trailer per five (5) dock doors, with staging allowed against any buildings that have no dock doors. VIII. PARKING LIGHTING [Article X, 9.31 1. Commercial Area In the Commercial Area, lighting shall be shielded to reduce lighting of adjacent properties. 2. Industrial Area In the Industrial Area, lighting shall be appropriate to provide adequate security for the area. 139200.00002 109693 vl t a f GO) wEn rA w w w z a y� 11li sm"Woo w �wMw .w r= =o �'"" ► +M" lf, I Is 6� 1nOAVI All-lun nnd a 1181H)3 )IUVd SS3NISn8 3SIadU31N3 MUM 60M 'Xi IOINOINV NVS OOL Rins Olt dO01 3N OZOI 'ail '8a3NMVd 98 33UM -01w )IUVd S33NISna 38Idda31N3 3ad3A E ni"If �IIIM 1i0111 r >x ay myw b WN ;Z=- 1 1 TRI- COUNTY BUSIAESS AI INDUSTRIAL PARK. UNIT 7 Im 1, PG JN (GUADALUPE COUNTY) YOL. I, PG, J16 (pLADALLPE COUNTY) GCNVINE PARTS SUBDINSION (OT IT BGK 1 VOL. B PG. 171 -I21 (CCMAL CCVNTY) I ✓D(. 3, PG J96B /RI- COUNTY BUSINESS & INDUSTRIAL PARK, UNIT I 1 VOL. 5. PG JJ9B I ' LO/ B �'� I LOT) I LOT I LOT II 1 Ea' ELEC _ME SNMTMf SEllfl� t A AQCE EAYILNT WL 4 I I I I r I it I I Ii 'lop S (wo'a .09) NJ S31X>-0M i 69L Dd 'W9 '70A 1 1N3M35V3 &W3S ABYlMS .SC 1 I I U �u�uO I I S N N OT 10 BLK 1 N b NTY Ik K, p b INDUST A INDUSTRIAL PARK, 9 1 UNI VIX.. 6, PC ?09 I 'n I \ I I I I I I I I g I pR I I I I I � III I I I I I I w I x I � I � I o I >^ I U I I Q (YAIO'V luw 3MVWVA) I o 1 I i •r�o•a I S N N OT 10 BLK 1 N b NTY Ik K, p b INDUST A INDUSTRIAL PARK, 9 1 UNI VIX.. 6, PC ?09 'n I � L W--340 I w K I� I WY Eq k IAa1 e d� 1 a i `lyi I C� 1 1 1 VOL . 384 . PG. 390 � I y� 4 I I s .ftm - m lam m.P. -m �+AwYCwlrolci� Ri[EI ND /w av01re1L171 >� Sworn to and subscribed before me this 19th day of of March, 2007. 'pY .'.�,`••. MARTHA L. MACHUCA NOTARY PUBLIC STATE OF TEXAS a My Cann. Exp. 12-02-2007 •... PUBLIC NOTICE r Affidavit of Publisher ORDINANCE NO. 07-14-14 An ordinance by the City Council of the City of Schertz, STATE OF TEXAS Texas amending the Unified Development Code (UDC) Ordinance 96 -S -28 by rezoning 127.25, 68.21 ±, and 14.25± COUNTY OF BEXAR acres out of the Torribia Herrera Survey No. 68, Abstract No. 153, Guadalupe and Coma] City of Schertz County, Texas from Manufac- ture District -Light (M -1) and General Business (GB) to Planned Unit Development District (PUD); providing an effective date; and providing a repealing clause. Before me, the undersigned authority, on this day personally a Approved on first reading this the 20th day of February by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, r 2007. PASSED, APPROVED, general circulation in the City of San Antonio, in the State and County aforesaid, Ordinance 07 -14 -14 here to attached has been published in every issue and tAND ADOPTED on this the 6th day of March 2007. of said following days, to wit: nev /s /HAL BALDWIN Mayor Attest: Judy Tokar City Secretary 3/19 03/19/2007. Sworn to and subscribed before me this 19th day of of March, 2007. 'pY .'.�,`••. MARTHA L. MACHUCA NOTARY PUBLIC STATE OF TEXAS a My Cann. Exp. 12-02-2007 •...