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2005S50-Special Districts ORDINANCE NO. 05-5-50 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 BY AMENDING ARTICLE VII (SPECIAL DISTRICTS), SECTION 7 (PLANNED UNIT DEVELOPMENT), ORDINANCE NO 05- S-40. PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I "THAT, UDC Ordinance No. 96-S-28 ofthe City of Schertz, Texas is hereby amended by amending Article VII (Special Districts), Section 7 (Planned Unit Development), Ordinance No. 05-S-40, in the form attached hereto as Exhibit A." SECTION II THAT this Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. SECTION III THAT all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Approved on first reading the Is-~- d f )-.. I. ayo /'f.~ ,2005. PASSED, APPROVED AND ADOPTED the ATTEST: M~J~A . r{tj Secr~tijy, City of Schertz, Texas (SEAL OF THE CITY) 6th day of ..llprpmhpr Mayor, City of Schertz, Texas ,2005. ~ FINAL ps.z AMENDMENTS 10-4-05 10/21/2005 EXHIBIT A ARTICLE VII, SECTION 7: PLANNED UNIT DEVELOPMENT SUB-SECTION 7.1 PURPOSE AND INTENT SUB-SECTION 7.2 DEFINITIONS FOR THE PURPOSES OF THIS SECTION SUB-SECTION 7.3 REZONING AND MINIMUM SITE AREA SUB-SECTION 7.4 ApPLICATION REQUIREMENTS SUB-SECTION 7.5 PERMITTED USES SUB-SECTION 7.6 GENERAL REQUIREMENTS AND CONTROLS SUB-SECTION 7.7 ApPROVAL OF PLAN AND STANDARDS SUB-SECTION 7.8 RESIDENTIAL DEVELOPMENT STANDARDS SUB-SECTION 7.9 COMMERCIAL DEVELOPMENT STANDARDS SUB-SECTION 7.10 INDUSTRIAL DEVELOPMENT STANDARDS SUB-SECTION 7.11 MODIFICATION OF MASTER DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS SUB-SECTION 7.1 PURPOSE AND INTENT The purpose and intent of the Planned Unit Development ("PUD") is to provide design flexibility, thereby enabling the applicant to capitalize on a site's desirable features in ways that would be prohibited under the otherwise applicable standard zoning. Under the PUD approach, land may be developed in ways that would not be possible under a strict application of standard zoning and subdivision regulations, while providing for quality controls. It is intended to reduce the cost of infrastructure necessary to serve the new development while better promoting land use efficiency and environmental protection. A PUD will promote excellence in design, site arrangements cognizant of the natural environment and integration of uses and structures, and will protect the integrity of surrounding environment and development. A. The rezoning of property to the PUD classification may be deemed appropriate if the development proposed for the PUD can accomplish four or more of the following goals: (a) Provides an orderly and creative arrangement of land uses that are harmonious and beneficial to the community and the natural environment; (b) Provides a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to Page 1 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 achieve variety and integration of economic and redevelopment opportunities; (e) Provides flexibility in land uses, development density, and in other matters typically regulated in zoning districts; (d) Provides cultural, civic, educational, medical, ecumenical, or recreational facilities, or any combination thereof, in a planned or a unique setting and design; (e) Provides redevelopment of areas where depreciation of any type has occurred or where historic structures or landmarks exist; (f) Provides revitalization of designated areas; (g) Provides area-sensitive site planning and design by preserving native trees and topographic features of the land; (h) Promotes or allows development to occur in accordance with a uniform set of PUD development standards which reflect specific circumstances of the site and its related design standards; (i) Avoids premature or inappropriate development that would result in incompatible uses or would create traffic and public service demands that exceed the capacity of existing or planned facilities; (j) Contributes to health, safety and general welfare of the community and provides development compatible with the City's goals and objectives as stated within the Unified Development Code and Comprehensive Land Plan; (k) Includes building and development which meet at least fifty percent (50%) of the U.S. Green Building Council (USGBC) LEED standards for certification and/or the National Institute of Building Science's "Whole Building Design Guidelines." Examples of these principles and techniques may include: (1) Sustainable development principles; (2) Operable insulated windows and deepened roof overhangs, breezeways, and/or access to natural light and fresh air through building orientation; Page 2 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 (3) Use of technologies and building materials that reduce the use of fossil fuels for energy consumption and techniques that reduce global warming; (4) Rainwater capture and infiltration systems and bio-swales around and within parking Jots and development areas; (5) Permeable pavement materials; (6) Air filtration systems; and (7) Energy efficient products such as air conditioners, water heaters and lighting. B. Relationship to other ordinances and criteria: The PUD is a Special District contained within the UDC. The PUD shall comply with all applicable Overlay or Special District, Parking and Loading, Landscape, Procedures and Administration, Use Regulations, Subdivision, Engineering Criteria, and other related City Code of Ordinances unless otherwise noted or amended in this Section 7. Compliance with the intent, goals and objectives of the Comprehensive Land Plan is necessary for the success of a PUD application. SUB-SECTION 7.2 DEFINITIONS FOR THE PURPOSES OF THIS SECTION 7 AASHTO STANDARDS: Standards that are published by the American Association of State Highway and Transportation Officials. BROWNFIELD: Describes an area of land that was previously used for industry or other use and which may require environmental cleanup due to previous development. COMMON INTEREST COMMUNITY (CIC): "Common interest community" means real estate with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. 'CIe' refers to a homeowners association ("HOA"), a property owners association ("POA"), a common interest development ("CID"), or a planned unit development ("PUD"). A common-interest community is defined in Restatement Third, Property (Servitudes), 9 1.8 Common-Interest Community Defined, as follows: Page 3 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 A "common-interest community" is a real-estate development or neighborhood in which individually owned lots or units are burdened by a servitude that imposes an obligation that cannot be avoided by nonuse or withdrawal (1) to pay for the use of, or contribute to the maintenance of, property held or enjoyed in common by the individual owners, or (2) to pay dues or assessments to an association that provides services or facilities to the common property or to the individually owned property, or that enforces other servitudes burdening the property in the development or neighborhood. DEVELOPMENT STANDARDS: Generally, the minimum standards for development in the PUD, as adopted by the City Council, including but not limited to standards for intensity and type of use; densities, building and setback requirements; provision for utilities; topography and drainage patterns; signage; open space and landscaping; on-site vehicular and pedestrian circulation and parking; architectural features and controls; urban design elements and features; site amenities and landscaping; and, any written development agreements with the City, other governmental agency, or utility. HDO BOARD: As defined by the Texas Department of Insurance, Engineering Services Product Evaluation and as specified in the International Residential Code (IRC) and the International Building Code (IBC). Generally, HDO Board is fiber-reinforced cement exterior siding or cladding of varying thickness from one-quarter to five-sixteenths of an inch (1/4" to 5/16") which creates the appearance of horizontal wood siding. HDO board also includes framing, shingles and siding products of the same materials. HDO Board is manufactured by several companies, among which includes, but is not limited to: Hariplank, Cemplank, Sentry, and Hardishingle. Typical installation is lap siding. HDO Board does not include panel cladding. MASTER DEVELOPMENT PLAN: In general, specific development standards and accompanying plans adopted by the City Council, which identify, with respect to a PUD development, the proposed location and size of development parcels, land uses, densities, and lot coverage; transportation plans and a traffic impact analysis; environmental assessment with indication of flood plains, wetlands, tree survey, and other environmental factors; open space, community facilities and amenity plans; architectural and aesthetic features; and, the specific development and design standards. Page 4 of 29 FINAL ps.z AMENDMENTS 10-4-05 10/21/2005 SPECIAL AREA PLAN: A special area plan may encompass specific areas of the city requiring particular attention, such as: historic structures and land areas or districts, neighborhood plans or revitalization plans, overlay distriets, infill development areas or Brownfields, economic development zones and/or similar areas requiring deeper investigation and analysis to meet planning or community goals. Special Area Plans may act in conjunction with the Comprehensive Land Plan to provide further detail and analysis of these areas and provide information specific to planning and development efforts. SUSTAINABLE DEVELOPMENT: Considers development impacts based upon principles that meet and integrate existing environmental, economic, and social needs without compromising the well-being of future generations. USGBC LEED STANDARDS: Standards published by the U.S. Green Building Council. WHOLE BUILDING DESIGN GUIDELINES: Guidelines published by the National Institute of Building Science. SUB-SECTION 7.3 REZONING AND MINIMUM SITE AREA Property may be rezoned to the PUD by the City Council in accordance with the requirements of this Section 7, the UDC, and other applicable City ordinances and criteria. Each use area shall be described separately by acreage and general location, with specific uses, design and development standards. The rezoning shall include the adoption of a specific master development plan and development standards. A development agreement is encouraged between the City and the developer. A. The minimum site area for a PUD is twenty (20) acres. B. Exceptions:. The City Council may waive the minimum site area requirement when proper planning justification is shown where the site is: (a) a redevelopment; (b) a designated historic structure or monument site; (c) encumbered by fifty percent (50%) or more of its gross lot area within a lOO-year floodplain and the development intent is to preserve that lOO-year floodplain in its natural state; Page 5 of 29 FINAL ps.z AMENDMENTS 10-4-05 10/21/2005 (d) located within an area developed prior to the incorporation of the City; or, (e) designated as a revitalization project, neighborhood or special area plan. (f) Where the property is surrounded on three (3) sides by existing development, the minimum acreage requirement for a PUD application may be waived. SUa-SECTION 7.4 ApPLICATION REQUIREMENTS In addition to the application requirements of the UDC and any associated submittal/application checklists, the following shall accompany an application for PUD rezoning submitted by the property owner(s): A. A metes and bounds description of the proposed PUD as a whole; B. A proposed master development plan for the entire site; C. Proposed development standards to be applied to the development; D. Any proposed conditions, covenants and restrictions for the development, including easements and grants for public utility purposes; E. The location of primary and secondary thoroughfares proposed for the development, including right~of-way widths and the location of access points to abutting streets; F. Identification of all rights-of-way, easements, open spaces or other areas to be dedicated, deeded or otherwise transferred to the City; G. A plan for the extension of any necessary public services and facilities, including sewer facilities and facilities for flood control and drainage; H. Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, landscape, open space and signage concepts. I. The location and description of all buffering that is proposed between the development site and adjacent properties; J. Additional information and detail as may be required in order to respond to the unique charaeteristics of the site and its loeation. Page 6 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 " ".--....... SUB-SECTION 7.5 PERMITTED USES A. Any combination of residential, commercial, industrial or public uses may be permitted within a specific PUD to the extent they are consistent with the Master Development Plan and Development Standards for that PUD. The uses to be permitted within the PUD must be specified in the adopted Master Development Plan and/or Development Standards for the PUD. No use, type of development, or development standard is presumptively permitted within the PUD. Permitted and accessory uses shall be as generally designated in the UDC. Non-designated uses may be included with City Council approval. Applicants may apply for any non-designated uses through the PUD process, but such uses may be conditioned, limited, or prohibited at the City Council's discretion. Structures may contain multiple uses. A PUD may contain residential and nonresidential uses, such as industrial, commercial or single-family, multi-family, mixed-use flats, live-work dwellings, cottage, attached dwellings, garden home, or conservation developments, clustered developments, flag-lot or private court developments containing residential uses with the majority of land owned in common by the residents of the development. All residential components of the PUD shall be governed by overall gross density. Quality of development and increased density are closely tied together in PUDs. Higher densities equate to increased quality standards for the development. B. Because of the nature and purpose of the PUD, notwithstanding any other provision of this Section 7: (a) An application to rezone PUD property may be denied by the City Council, at its complete discretion, if it finds that the proposed development is incompatible or out of harmony with surrounding uses, the pattern of development within the area, or when the development does not meet the stated intent of Section 7; or (b) An application to allow a particular use, type of development, or development standard within the PUD may be denied if it is not compatible or is out of harmony with the surrounding uses or pattern of development. Page 7 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 C. AICUZ APPLICABILITY. A PUD that is located in whole or in part in an Air Installation Compatible Use Zone relating to Randolph Air Force Base and adopted by the United States Air Force, described in Article VII, Section 4 of the UDC (the "AICUZ Area") shall include in its Master Development Plan land uses and densities within the portion of the PUD in such AlCUZ Area that are wholly compatible with the recommended land uses and densities within the AICUZ Area that are in effect on the date the Master Development Plan is presented to the City for approval. SUB-SECTION 7.6 GENERAL REQUIREMENTS AND CONTROLS A PUD shall follow the standard site plan and subdivision procedures and related requirements, as outlined in the UDC or as provided in the Texas Local Government Code. All PUD development shall be platted. Site Plans are required for each lot of a PUD, except for single- or two-family uses on individual lots. Setback and building lot area standards shall be referenced in the Development Standards for the application and will be included on each plat. A site plan shall generally include the public and private street design and dimension, lot design and dimension, location of driveways, buildings, walls, fences, walkways, open space areas, park and recreation areas, landscape and buffering, architectural elevations, features, and materials, parking areas, drainage information, topography and grading, street names and location of utilities, and all calculations of quantities as required. All site plans shall includes full adjacent street right-of-way, pavement section and adjacent driveway cuts. A. General Open Space Provisions: (a) Common open space must be set aside for the use and benefit of the residents of the PUD. Common open space may use up to 25 (twenty-five) percent of any 100-year floodplain acreage to calculate the overall common open space requirement, but in no case shall floodplain exceed 50 percent of the common open space requirement. (b) All significant natural features shall be preserved and, where necessary, protected by setbacks and easements from development. (c) Development shall be designed and sited to preserve and protect the 100-year floodplain. Page 8 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 Cd) Significant stands of native trees and any other areas of substantial vegetation shall be preserved and protected from alteration and destruction. (e) The UDC tree preservation and parkland dedication requirements shall apply to this Section 7 to the extent this Section 7 has not amended the UDC requirements, such that hardwood trees six inches (6") or greater diameter-at-breast- height (DBH) shall be preserved to the greatest extent possible, mitigated where preservation has not occurred, and inventoried prior to removal by botanic and common name, DBH, and tree health. This tree inventory shall be provided to the City of Schertz indicating locations of trees six inches (6") DBH and greater as well as a listing of inventoried trees by numerical reference, the tree's botonic and common names, and tree health. Tree mitigation costs per-caliper- inch is required as provided within the UDC. (f) No parking or storage areas shall be computed as open space. Landscape buffers may be included in open space computations where they exceed 300 square feet. (g) Common open space shall not have any dimension less than ten feet (10') nor be less than three hundred (300) square feet in area in order to be considered open space. B. General Open Space Requirements: (a) Open Space Dedication: The City may, in its discretion, accept dedication of common open space, or any interest therein, for public use and maintenance as parkland. All land and facilities must be dedicated without cost to the City. (b) The PUD must be organized as a Common Interest Community in one of the forms permitted by the Texas Local Government Code. All private open space and facilities must be maintained by a homeowner's association or Common Interest Community. The Common Interest Community shall not dissolve or dispose of any existing common open space that has been recorded in a Final Plat as common open space as defined by subsection 7.6. Dedication of existing common open space held by a Common Interest Group may be accepted by the City as community-wide parkland. Page 9 of 29 FINAL ps.z AMENDMENTS 10-4-05 10/21/2005 Dedication of this existing private open space to the City requires approval of the City Council. Should the City decline dedication and maintenance of existing common open space held by a Common Interest Group, said common open space shall not be disposed of and shall continue to be maintained by the Common Interest Community. (c) Common open space may not include the required parking lot landscaping, except where hardwood trees, six inches (6") DBH or greater are preserved. (d) A minimum of twenty percent (20%) of the gross land area of the PUD must be preserved as overall common open space. (e) Common open space areas shall be linked to existing and planned public open space areas to provide an overall open space system. (f) Common open space areas shall be arranged so as to maximize access and utilization by residents of the PUD. (g) Where open space improvements are to be provided, a safe, secure and barrier-free system of trails, paths and walkways shall be designed. The walkway system shall link residences with recreation areas, schools, commercial areas and public facilities. (h) Physical improvements that are permitted within common open space areas may include, but are not limited to: (1) Pedestrian paths, located in street rights-of-way or pedestrian easements, at a minimum width of five feet (5') with a paved surface, (2) Paved bike paths located in street rights-of-way or other open space per AASHTO standards, (3) Trails, for equestrian, exercise circuits, joggers or bikers, paved with materials such as wood chips or gravel, per AASHTO standards, (4) Riding stables, (5) Tennis courts, (6) Swimming pools, (7) Golf courses, (8) Club houses, (9) Athletic fields, (10) Public art, Page 10 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 (11) Play equipment, (12) Gazebos, pergolas, or similar structures, and (13) Other similar open space related components. C. General Design Controls: (a) All PUD applications must either adopt the general sign restrictions in the City or be accompanied by a sign package program to be included in the Development Standards and which substantially comply with the UDC. Alternative sign programs may be considered where creativity and material use is above the quality generally featured in other similar developments within the City. (b) Structures may contain multiple uses, except as otherwise p,rovided in this Section 7. (c) Parking Requirements: All buildings and uses shall comply with the parking requirements of the UDC. Shared parking may be allowed where non-residential uses are combined within the same structure as residential uses, in which case, a shared parking analysis is required. (d) A traffic impact analysis shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour. (e) Screening and Buffering Standards: Where appropriate and not in conflict with this Section 7, the supplemental standards set forth in the UDC shall apply to all structures and uses authorized by the PUD designation. Solid screening will be required where appropriate; however, no wall shall exceed six feet (6') in height. Where additional buffering is necessary, a combination of wall, berms, and vertical landscape material will be utilized to provide a noise and visual barrier. (f) Interconnectivity of development is required. No development shall be created in isolation, one from the other, unless physical constraints necessitate such isolation. Access between adjacent businesses and similar uses is required unless a hardship prevents such interconnectivity. The Director of Planning and Zoning may waive this requirement Page 11 of 29 FINAL ps.z AMENDMENTS 10-4-05 10/21/2005 where the Director determines that a demonstrated hardship exists preventing such inter-connectivity. (g) All trash enclosures shall comply with the UDC for all uses except single- or two-family uses. Trash enclosures shall be constructed of solid masonry six feet (6') in height. The gate shall be made of solid material which obstructs views of the trash enclosure interior. Chain link feneing and wood fencing is not allowed as a trash enclosure. Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from a public right-of-way. (h) No lot for building use shall be created that is unbuildable. (i) All utilities shall be underground except for major transmission lines, whose size makes such facilities impractical, or as otherwise required by the City Engineer. (j) The PUD applicant must demonstrate that, as compared with the situation that would have existed on the site without the development, no phase of the PUD results in an increase of the peak rate of storm water run-off at the parcel boundary for the development as a whole for the lOO-year, 50-year, and 2S-year design storm, and that there will be no net loss in storage capaCities. SUB-SECTION 7.7 ApPROVAL OF PLAN AND STANDARDS In connection with any approval of a PUD, the City Council shall adopt a PUD Master Development Plan and Development Standards, which will thereafter govern the development of the property within the PUD. A. In considering the approval of a Master Development Plan and Development Standards for a PUD, the City Council shall be guided by the following objectives, and may impose such conditions and requirements deemed necessary to meet the following objectives: (a) Consistency of the proposed development with the Comprehensive Land Plan, this Section 7, and other applicable plans, policies, standards and regulations; (b) Compatibility of the proposed development with the requirements of Section 7.5 and adjacent and surrounding development; Page 12 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 (c) The purpose and intent of this Section 7; (d) Minimization of the development's impact upon adjacent roadways and neighborhood traffic, and upon other publie facilities and infrastructure; (e) Protection of the public health, safety and general welfare. B. If the City Council approves the PUD Master Development Plan and Development Standards, it shall, after the public hearing, make a finding of fact regarding the particularities of the development and to what extent the development would be in the public interest, including, but not limited to: (a) In what respects the proposed development is consistent with the stated purpose, intent, goals and/or objectives of the Master Development Plan and Development Standards of the PUD; (b) Extent to which the proposed Master Development Plan meets the Development Standards of the PUD and applicable regulations of the UDC; (c) Extent to which the proposed development departs from the Master Development Plan and Development Standards of the PUD and any applicable regulations within the UDC; (d) Method by which the proposed Master Development Plan makes adequate provision for public services and facilities, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the protection of environmental site features; (e) Relationship and compatibility of the proposed development to adjacent development; (f) Desirability of the development relative to physical development and provision of utilities and infrastructure, tax base, and the economic well-being of the City. SUB-SECTION 7.8 RESIDENTIAL DEVELOPMENT STANDARDS Page 13 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 A. Park Acreage Requirement: A PUD must provide five (5) acres of park per one-thousand (1,000) persons (a ratio of one (1) acre per two-hundred (200) people or approximately one (1) aere per seventy (70) dwellings). The City Council may reject parkland dedication, at its sole discretion, at any time. In lieu of parkland dedication, the applicant shall pay a parkland dedication fee as described within the UDC, but shall pay the fee based upon the acreage requirement of this Section 7. If the development does not have one thousand (1,000) persons, the park area required will be based on a ratio: five hundred (500) persons will equal 2.5 acres of park, and so forth. The persons per household figure from the Census Bureau in combination with population will determine the assumed number of people per unit. B. Open Space Requirements: (a) In addition to the required base amount of common open space, a minimum of five percent (5%) of the gross land area must be provided as private open space for exclusive use of the development as a whole for recreation, clubhouses, meeting facilities, gardens and other similar uses. (b) The location and character of PUD open space shall be as follows: (1) Every single- or two-family residential lot shall contain no less than forty percent (40%) of its lot area in private open space. (2) Private open space shall be situated on each residential lot and/or development envelope or immediately adjacent to each unit. Common open space will not be considered in the measurement of private open space. C. Building Regulations: (a) Building Height: Single-family or two-family dwellings may be no more than two and one-half (2-1/2) stories nor exceed a total height of thirty-five feet (35'). Attached dwellings may be no more than three (3) stories or exceed a total height of forty feet (40'). Measurement of building height Page 14 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 shall be from the base average elevation to the mid-point of the roof. (b) Building Setbacks: Due to the flexibility of the PUD concept, it is impractical to define an exact pattern for the arrangement of group dwellings. It is the intent of this Section 7, however, to provide a functional and non monotonous orientation of units with a maximum of open space. Actual setbacks shall be established through PUD Master Development Standards and the preliminary plat process. The minimum spacing between buildings in a residential PUD shall comply with all Fire and Building Code regulations governing spacing. In the event that an approved PUD does not have adopted design standards, the setbacks standards for the PUD will be as listed below: (1) All buildings shall have a setback of at least fifty feet (50') from a perimeter lot line of the PUD. (2) Side yards abutting a street (public or private) shall not be less than fifteen feet (15') without extenuating circumstances. Exceptions must be approved with the original rezoning or through amendment to the design standards. (3) The minimum spacing between buildings in a residential PUD shall comply with all Fire Code and Building Code regulations governing spacing. In addition, the following minimum setbacks are required between structures: a. Front to Street: The front setback of residential buildings is fifteen feet (15') from the back of sidewalk or front property line, whichever is greater. Stoops and covered front porches may intrude into the front yard setback by five feet (5'). The garage must be a minimum of twenty feet (25') from the back of sidewalk or front yard property line, whichever is greater. b. Front to Front: Buildings that have a front to front relationship across a landscaped area or open courtyard must maintain a minimum separation between buildings of fifty feet (50'). Page 15 of 29 FINAL ps.z AMENDMENTS 10-4-05 10/21/2005 c. Side to Side: Building separation is determined by the proportionality of the lot width ratio in whieh ten pereent (10%) of the median lot width will apply to each side yard; for example, an eighty feet (80') wide lot requires an eight feet (8') wide side yard on each side of the lot, or in the case of zero lot line, 16 feet side yard to one side of that lot and zero feet on the other side yard. There shall be a minimum separation of twelve feet (12') and a maximum requirement of twenty feet (20') between residential structures. d. Side To Rear: Buildings that have a side to rear yard relationship must maintain a minimum setback of twenty-five feet (25'). e. Rear To Rear: Buildings that have a rear yard to rear yard relationship must maintain a minimum building separation of forty feet (40'). Where patio or garden homes have a zero-lot line arrangement, this provision shall not apply. (4) Exceptions: A patio or deck may encroach into the rear setback requirements as long as it is not enclosed and is not closer than ten feet (10') to the rear property line. (5) Multi-family Uses: Multi-family buildings in excess of thirty-five feet (35') in height require minimum setbacks with an additional ten feet (10') to those listed above. (6) Lot Coverage: No single- or two-family dwelling may cover an individual lot by more than fifty percent of its lot area. (c) Road Requirements: (1) All roads, including private roads, shall be built to minimum standards as required by the UDC and this Section 7 and further detailed by the City Engineer, except that: (2) When alleys serve residential lots, the pavement section of streets may be reduced to a width no less than twenty-six feet (26') and a right-of-way width of thirty-six feet (36'). Page 16 of 29 FINAL ps.z AMENDMENTS 10-4-05 10/21/2005 (3) Sidewalks, five feet (5') wide, are required within the right-of-way and located at the outer perimeters of the right-of-way's width. In this instance, garages and driveways must load from the alley and utilities will connect from the alley in paired joint easements. (4) Alleys shall be twenty feet (20') in width and paved per City standards at 15 feet width. (5) All driveway depths adjacent to an alley shall be maintained at a depth of at least twenty feet (20') from the rear property line to the face of the garage. (6) Alleys shall be owned and maintained by the common interest community. (7) No residential block length shall be more than eight- hundred feet (800') in length, curb end to curb end of block. D. Other: Court yard- or flag-lots shall be developed as approved by City Council. In no case shall courtyard or private flag-lot drives serve more than eight (8) single- or four (4) two-family lots. Private driveways serving these lot systems shall be no less than twenty-four feet (24') in width and shall consist of concrete or concrete paving products. Alternatives to concrete/concrete products, other than asphalt paving, may be submitted for consideration. No flag or court private drive that serves these lots shall be more than three-hundred-fifty feet (350') in length or as allowed by the Fire Chief. All private courts and drives must be maintained by the homeowner's association. In addition, one-half parking space per lot is required and shall be convenient to the private drive for visitor parking. E. Single-family Architectural and Site Design Standards: (a) Buildings shall utilize at least three of the following design features to provide visual relief along the front of the residence: (1) Dormers. (2) Gables. (3) Recessed entries, a minimum of three feet (3') deep. Page 17 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 (4) Covered front porches. (5) Cupolas. (6) Architectural Pillars or Posts. (7) Bay window, a minimum twenty four inch (24") projection. (8) Other prominent architectural features. (b) Garages may occupy no more than 40% of the total building frontage. This measurement does not apply to garages facing an alley or courtyard entrance. No garage may extend beyond the building front. Garages that are at least thirty feet (30') behind the house front may exceed the forty percent (40%) building frontage minimum. (c) The same elevation may not be used within any ten-lot grouping. (d) Two-family buildings shall be designed to appear as a single unit. (e) All walls, except gabled roof areas, which face a street other than an alley, must contain at least twenty-five percent (25%) of the wall space in windows or doors. Measurement of overall wall area does not contain the wall area prescribed by the garage. (f) Primary entrances shall face the public street and sidewalk. (g) Windows shall be provided with trim or shall be recessed. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. (h) At least eighty percent (80%) of exterior finishes shall be of brick, stone, stucco, HDO board or other high quality masonry material customarily used for the building style. (i) At least fifty percent (50%) of the front yard frontage shall have buildings at the minimum front yard setback, except for single-family lots greater than one-half acre in size. Page 18 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 F. Multi-family/Attached Dwelling Architectural and Site Design Standards: (a) Buildings shall utilize at least three of the following design features to provide visual relief along the front of the residence: (1) Dormers. (2) Gables. (3) Recessed entries, a minimum of three feet (3') deep. (4) Covered front porches or patios. (5) Cupolas. (6) Architectural Pillars or Posts. (7) Bay windows, a minimum 24" projection. (8) Other prominent architectural features. (b) All walls, except gabled roof areas, which face a street other than an alley, must contain at least twenty-five percent (25%) of the wall space in windows or doors. (c) Primary entrances shall face the public street and sidewalk to the extent possible when adjacent to a public right-of-way and at least fifty percent (50%) of the front yards frontage shall have buildings within thirty feet (30') of the front property line. (d) Windows shall be provided with trim or shall be recessed. Windows shall not be flush with exterior wali treatment. Windows shall be provided with an architectural surround at the jamb. (e) At least eighty percent (80%) of exterior finishes shall be of brick, stone, stucco, HDO board or other high quality masonry material customarily used for the building style. (f) Building frontages greater than 60 feet in length shall have recesses, projections, windows, arcades or other distinctive features to interrupt the length of the building fac;;ade. (g) At least fifty percent (50%) of the front yard frontage shall have buildings at the minimum front yard setback. Page 19 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 (h) Fronts and street sides of buildings visible from the public right of way shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least fifteen percent (15%) of the exterior wall area. (I) The top floor of any building rising two (2) stories or more must contain a distinctive finish, consisting of a cornice, banding or other architectural termination. (j) Parking areas shall not be located between buildings and the street where the site is adjacent to a public right-of-way. Parking lots may be located on the sides and behind the buildings. G. Additional Special Standards for Large Scale Multi-family/Attached Developments (greater than 30 units and/or more than three (3) buildings): A variety of compatible exterior materials' use and type, building styles, massing, composition, and prominent architectural features, such as door and window openings, porches, and rooflines, shall be used. SUB-SECTION 7.9 COMMERCIAL DEVELOPMENT STANDARDS A. Building Regulations: (a) Building Height: No building or structure may be more than two and one-half (2-1/2) stories or exceed a total height of thirty-five feet (35') for neighborhood or service related uses. Otherwise, no building or structure may be more than four (4) stories or exceed a total height of fifty feet (50'). (b) Building Setbacks: Due to the flexibility of the PUD concept, it is impractical to define an exact pattern for the arrangement of buildings. It is the intent of this Section 7, however, to provide a functional orientation of buildings with a maximum of open space. (c) All buildings shall have a setback of at least fifty feet (50') from a perimeter lot line of property outside of the PUD. (d) Side yards abutting a street (private or public) shall not be less than twenty feet (20'). Page 20 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 I (e) The minimum spacing between buildings in a commercial PUD shall comply with all Fire Code and Building Code regulations governing spacing. In addition, the following minimum setbacks are required between structures: (1) Front Yard Setback: A building fronting on a street must be located a minimum of twenty feet (20') from the back of sidewalk, or property line, whichever is greater. (2) Side Yard Setback: a. Side yard setbacks between commercial structures, or between commercial and industrial structures, are not required on internal lots. b. If a side yard abuts a residentially zoned property or use, a public or private street, a continuous landscaped side yard of twenty feet (20') is required. c. This setback shall not be used for parking and shall be landscaped. (3) Rear Yard Setback: a. If a rear yard abuts a commercial or industrial use or zoning district, a minimum rear yard setback of ten feet (10') is required. b. If a rear yard abuts a residential use or residentially zoned property, a rear yard setback of twenty feet (20') shall be provided. c. This setback shall not be used for parking or drives and shall be landscaped. (f) Screening Requirements: (1) Where appropriate and where not in conflict with this Section 7, the supplemental standards set forth in the UDC shall apply to all structures and uses authorized by the PUD provisions. (2) All commercial projects shall provide a solid masonry wall not less than six feet (6') in height along all rear and side property lines which are common to property zoned for residential purposes, except where buildings and parking are more than one hundred feet (100') from the setback line, or within a flood plain. In the case of a flood plain, the solid masonry wall may be Page 21 of 29 FINAL ps.z AMENDMENTS 10-4-05 10/21/2005 replaced by a wrought iron structure where appropriate. Where additional buffering is necessary, a combination of wal" berms, and vertieal landseape material will be utilized to provide a noise and visual barrier. (g) Parking Requirements: All buildings and uses shall comply with the parking requirements of the UDC. Shared parking studies may be approved by the Director of Planning and Zoning as an exception to this requirement. In no case shall parking exceed that required by more than ten percent (10%). Parking bays shall be grouped so as not to exceed one hundred (100) spaces without landscape separation. In addition, one landscape tree is required for every twelve (12) parking spaces and shall be placed within the parking lot area. Parking facing the street is discouraged. Where commercial or buildings with multiple uses occur and which are located at the minimum setback from the street frontage, parallel or head-in on-street parking is encouraged. (h) Road Requirements: (1) All roads, drives and parking areas shall be built to minimum standards as required by the UDC and this Section 7 and by the City Engineer. (2) A waiver of parking and private drive standards is encouraged where a reduction in impermeable surface is achieved by onsite permeable structures, pavement materials, and landscape elements. Permeable surface products such as grass block or other permeable products and design, such as linear parking medians serving as drainage and capture areas, must meet sixty (60) percent minimum permeable ratios to receive any waiver of the standards. Such permeable surface, when achieved may receive a reduction in open space requirements of three percent (3%). C. Architectural and Site Design Standards: (a) Building frontages greater than one-hundred feet (100') in length shall have offsets, jogs, or other distinctive changes in the building facade creating at least four distinct building planes for each one-hundred feet (100') of length. Page 22 of 29 FINAL P&Z AMENDMENTS 10-4-05 10/21/2005 (b) Buildings shall incorporate arcades, roofs, alcoves, porticoes and awnings as a design element of the facade. The planting of trees may be used as an element of these arehitectural features. (c) The primary entrance of a building shall have a clearly defined, highly visible entrance with distinguishing features such as a canopy, portico or other prominent elements of the architectural design. (d) Buildings shall have their primary orientation toward the street rather than the parking area. (e) Buildings that are within 30 feet of the street shall have an entrance for pedestrians from the street to the building interior. (f) Loading docks are not permitted to be visible from the street, and may not be accessed directly from the street. (g) Parking areas shall be located behind buildings or on one or both sides, except along an interstate highway or where planned or existing right-of-ways exceed eighty feet (80') in width. Where this exception exists, a minimum fifteen feet (15') additional landscape area will be required along parking areas to mitigate views of the parking area. These requirements may be waived by the Director of Planning and Zoning if the building is not accessed by pedestrians, such as warehouses and industrial buildings where the office space is 20 percent (20%) or less of the overall structure gross square footage, automotive service uses such as gasoline sales and automobile sales. (h) Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. (i) Windows shall be provided with an architectural surround at the jamb. (j) Fronts and street sides of buildings visible from the public right-of-way shall be of non-reflective materials and shall be brick, stone, decorative block, stucco, HDO board or other high quality masonry material customarily used for the building style. Corrugated metal is prohibited. Page 23 of 29 FINAL PAZ AMENDMENTS 10-4-05 10/21/2005 (k) Buildings are required to provide no less than twenty percent (20%) of the front building fac;ade or any building facade adjacent to a right-of-way with glass, but may not incorporate glass for more than sixty percent (60%) of each building facade. (I) Buildings situated at the corner of two public streets shall architecturally emphasize the building's corner, rather than providing a typical building corner. SUB-SECTION 7.10 INDUSTRIAL DEVELOPMENT STANDARDS A. Common Open Space Requirements: Fifteen percent (15%) of the gross site area shall be in common open space. B. Building Regulations: (a) Building Height: In general, no industrial building or structure which manufactures, assembles, produces or stores goods for wholesale or distribution or other use that is clearly industrial in nature may exceed a total height of thirty-five feet (35'). All other uses which are primarily commercial in nature shall use commercial standards. (b) Building Setbacks: Due to the fleXibility of the PUD concept, it is impractical to define an exact pattern for the arrangement of buildings. It is the intent of this Section 7, however, to provide a functional orientation of buildings with a maximum of open space. (1) All buildings shall have a setback of at least fifty feet (50') from a perimeter lot line of the PUD. (2) Side yards abutting a street (private or public) shall not be less than twenty feet (20'). (3) The minimum spacing between buildings in an industrial PUD shall comply will all Fire Code and Building Code regulations governing spacing. In addition, the following minimum setbacks are required between structures: a. Front Yard Setback: A building fronting on a street must be located a minimum of ten feet -...... Page 24 of 29 FINAL P&Z AMENDMENTS 10-4-05 10/21/2005 (10') from the back of sidewalk, or back of curb if a sidewalk is not planned at the location. b. Side Yard Setbaek: i. Side yard setbacks between commercial structures or between commercial and industrial structures are not required on internal lots; ii. If a side yard abuts a residential use, a continuously landscaped side yard of fifty feet (50') is required. This setback shall not be used for parking and shall only be broken at points of access to the site. c. Rear Yard Setback: i. If a rear yard abuts a commercial or industrial use or zoning district, a minimum rear yard setback of ten feet (10') is required. ii. If a rear yard abuts a residential use or residentially zoned property, a setback of fifty feet (50') shall be provided. This setback shall not be used for parking or drives and shall be landscaped. iii. Building Arrangements: Structures which contain truck docks shall to the fullest extent possible create shared truck courts. Truck bays or bay doors shall not be viewed from a public right-of-way by facing a public street. (c) Screening Requirements: (1) Where appropriate and where not in conflict with this Section 7, supplemental landscape and screening standards set forth in the UDC shall apply to all structures and uses authorized by the PUD provisions. (2) All industrial projects shall provide a masonry wall not less than six feet (6') in height along all rear and side property lines which are common to property zoned for residential purposes, except that such solid screening shall not extend in front of the front building line or Page 25 of 29 FINAL P.Z AMENDMENTS 10-4-05 10/21/2005 though a flood plain but may be replaced by wrought iron structure where appropriate. (3) Serviee or storage yards shall be behind structures and screened from view through a combination of fencing, berms, and landscaping. (4) No wall or fence shall exceed eight feet (8') in height. (5) The use of razor wire is absolutely prohibited. (d) Loading docks are not permitted to be visible from the street, and may not be accessed directly from the street. (e) Truck parking spaces are required for those uses that load and off-load from truck bays. (f) Road Requirements: All roads, drives and parking areas shall be built to minimum standards as required by the UDC and this Section 7 and by the City Engineer. A waiver of parking and private drive standards is encouraged where a reduction in impermeable surface is achieved by onsite permeable structures, pavement materials, and landscape elements. Permeable surface products such as grass block or other permeable products and design, such as linear parking medians serving as drainage and capture areas, must meet sixty percent minimum permeable ratios to receive any waiver of the standards. Such permeable surface, when achieved may receive a reduction in open space requirements of three percent (3%). D. Architectural and Site Design Standards: (a) Building frontages greater than one-hundred feet (100') in length shall have offsets, jogs, or other distinctive changes in the building facade creating at least four distinct building planes for each one-hundred feet (100') of length. (b) Buildings shall incorporate arcades, parapets, alcoves, porticoes and awnings as a design element of the facade. The planting of trees may be used as an element of these architectural features. (c) The primary entrance of a building shall have a clearly defined, highly visible entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design. Page 26 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 (d) Buildings shall have their primary orientation toward the street rather than the parking area. (e) Buildings that are within 30 feet of the street shall have an entrance for pedestrians from the street to the building interior. (f) Loading docks are not permitted to be visible from the street, and may not be accessed directly from the street. (g) Parking areas shall be located behind buildings or on one or both sides, except along an interstate highway or where planned or existing right-of-ways exceed eighty feet (80') in width. Where this exception exists, a minimum fifteen feet (15') additional landscape area will be required along parking areas to mitigate views of the parking area. These requirements may be waived by the Director of Planning and Zoning if the building is not accessed by pedestrians, such as warehouses and industrial buildings where the office space is 20 percent (20%) or less of the overall structure gross square footage, automotive service uses such as gasoline sales and automobile sales. (h) Windows shall not be flush with exterior wall treatment. (i) Fronts and street sides of buildings visible from the public right-of-way shall be non-reflective and shall be of brick masonry, stone, decorative block, stucco, HDO board or other high quality material customarily used for the building style. Corrugated metal is prohibited. SUB-SECTION 7.11 MODIFICATION OF MASTER DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS The development of property within the PUD may proceed only in strict accordance with the approved Master Development Plan and Development Standards for that PUD. Any request by or on behalf of the property owner, or any proposal by the City, to modify the approved Master Development Plan or Development Standards shall be filed with the Planning and Zoning Department. In accordance with this Section 7, the Director of Planning and Zoning shall determine if the proposed modification is "minor" or "major," and the request or proposal shall be processed accordingly. Page 27 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 Amended site plans, master plans and plats may be approved administratively by the Director of Planning and Zoning when the significance of the change is minimal, a eorreetion, or as required by State law. The Direetor of Planning and Zoning may elect to place the amendment on the City Council agenda for its consideration at any time. Appeals to the City Council of administrative decisions must be made within ten (10) days of the applicant's receipt of notice of the Director's decision and will be placed on a future agenda for consideration by the City Council. A. Minor Modification: A minor modification is a modification which is requested or agreed to by the property owner and which is intended to accomplish one or more of the following: (a) A change in the location of a use from the location specified in the approved Master Development Plan, but only if the change in location will not have a significant impact on other uses in the area as determined by the Director; (b) The addition of uses that are comparable in intensity to those permitted in connection with the rezoning approval or the approval of a Master Development Plan for the PUD as determined by the Director; (c) A change in the parking lot layout, building location or other similar change that conforms with the intent of the previously approved Master Development Plan and Development Standards as determined by the Director; (d) A change in the landscape arrangement or species of plant material proposed for the PUD; (e) A decrease in the density or intensity of the development from that previously approved for the PUD as determined by the Director; (f) Any other change or modification of a similar nature which the Director determines will not have a significant impact on the PUD or its surroundings. (g) A minor modification shall be reviewed and acted upon administratively by the Director. An applicant who disagrees with the Director's decision may appeal that decision to the City Council by filing a written appeal with the Department no later than ten (10) days after the date the applicant receives notice of the Director's decision. Page 28 of 29 FINAL PIoZ AMENDMENTS 10-4-05 10/21/2005 B. Major Modification: A major modification includes any modification that does not qualify as a minor modification or whieh the Direetor deems necessary or appropriate for further review by the City Council. A major modification shall be processed in accordance with the procedures and standards applicable to a Master Development Plan application. * * * Page 29 of 29 .pu~'um~... . .;~, '-, ,':;; " ~.Hll&HOt~.. AN.ORDINANCE BY THE CITY COUNCIL OF THE CITY OF 'SCHERTZ. TEXAS . 'AM~ING THE UNIFIED : DSyEj..OF>a.1i!NTo COOE (UOC) .cm.t1ilANCE' 96-5.28 B A'~I'IOING ARTICLE VII .($""lill~L ~fRICTS). SEC. .Tl,9llC 7 (PLANNED UNIT Ge\ltLahllNT). ORDI. ~.t,aG5-S-40. PROV1D- .~. ..fflE.C C..1TlIlE O. ATED; JN4'd.A~N(iA REPEAl' . Approved .~..iim.~ing the.15lh .day,ql,.w~er. 200$" '~N~', " .i' i~ Before me, the undersigned authority, on this day personally appeared Helen 1. I. 1"",.", AiliiiO...ir ~ by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, ~ tll..Oth .~"."f general circulation in the City of San Antonio, in the State and County aforesaid, an,' . iIlIor"ateli.;::_i.. for Ordinance No. 05-5-50 here to attached has been published in every issue c. C:lIrti"..""" ,: on the following days, to wit: 121H. STATE OF TEXAS .3$ 10- , d ~ gr~o '.1-,//) atV~ O~(i ,..,1 ~ri''''' Affidavit of Publisher COUNTY OF BEXAR City of Schertz 12/15/2005. ~) fl X~. ~d Sworn to and subscribed before me this 15th day of of December, 2005. ~ ~ L (() FlIh,~ / f:a~T~L~A' OR~OO1 i: ~~} NOTARY PUBLIC l \~ l STATE OF TEXAS I -.;........... My Comm. Exp. 03.29.2009 : ~ M _ _. __ ,,,. ,., Notary Public in and for Bexar County, Texas.