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PZ 9.27.23 Agenda with associated documents          MEETING AGENDA Planning & Zoning Commission REGULAR SESSION PLANNING & ZONING COMMISSION September 27, 2023                                   HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 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 want to be treated Work cooperatively as a team    AGENDA WEDNESDAY, SEPTEMBER 27, 2023 at 5:30 p.m. The Planning and Zoning Commission will hold the regularly scheduled meeting at 5:30p.m., Wednesday, September 27, 2023, at the City Council Chambers. In lieu of attending the meeting in person, residents will have the opportunity to watch the meeting via live stream on the City's YouTube Channel.        1.CALL TO ORDER      2.SEAT ALTERNATE TO ACT IF REQUIRED      3.HEARING OF RESIDENTS Residents who choose to watch the meeting via live stream, but who would like to participate in Hearing of Residents, should email their comments to the Planning Division, at planning@schertz.com by 5:00p.m. on Tuesda y, September 26, 2023, so that the Planning Division may read the public comments into the record under the hearing of residents. In the body of the email please include your name, your address, phone number, agenda item number if applicable or subject of discussion, and your comments. 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.      4.CONSENT AGENDA:     A.Minutes for the September 13, 2023 Regular Meeting.     5.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.      Planning & Zoning                                   September 27, 2023 Page 1 of 3       A.Conduct a public hearing, workshop, and discussion for the Schertz Comprehensive Plan update.     B.PLPDD20230127 - Hold a public hearing, consider, and make a recommendation on a request to rezone approximately 2.1 acres of land from Neighborhood Services District (NS) to Planned Development District (PDD), known as Guadalupe County Parcel ID 31970, 31971, 31972, 31973, 31980, 31981, 31982, 31983, generally located northwest of the intersection between Schertz Parkway and Wiederstein Road, City of Schertz, Guadalupe County, Texas.   C.PLUDC20230225 - Hold a public hearing, workshop and discussion and possible action to make a recommendation on amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 5, Section 21.5.4 Zoning Change/Zoning Map Amendment.   6.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 and community events attended and to be attended.      7.INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION PACKETS- NO DISCUSSION TO OCCUR      A.Current Projects and City Council Status Update     8.ADJOURNMENT OF THE REGULAR MEETING        CERTIFICATION I, Samuel Haas, 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 22nd day of September, 2023 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.  Samuel Haas Samuel Haas, Senior 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 _______________, 2023. _______________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 619-1030 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                                   September 27, 2023 Page 2 of 3     Planning & Zoning                                   September 27, 2023 Page 3 of 3     PLANNING AND ZONING COMMISSION MEETING: 09/27/2023 Agenda Item 4 A   TO:Planning and Zoning Commission PREPARED BY:Tiffany Danhof, Administrative Assistant SUBJECT:Minutes for the September 13, 2023 Regular Meeting.   Attachments Draft Minutes for the September 13, 2023 Regular P&Z Meeting  PLANNING AND ZONING MINUTES September 13, 2023 The Schertz Planning and Zoning Commission convened on September 13, 2023 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. Present: Richard Braud, Vice Chairman; Gordon Rae, Commissioner; Roderick Hector, Commissioner; Danielle Craig, Commissioner Not Seated; Judy Goldick, Commissioner; Tamara Brown, Commissioner; John Carbon, Commissioner; Patrick McMaster, Commissioner Absent: Glen Outlaw, Chairman Staff present: Brian James, Deputy City Manager; Lesa Wood, Director of Planning & Community Development; Emily Delgado, Planning Manager; Samuel Haas, Senior Planner; Ameriz Gamez, Planner; Daisy Marquez, Planner; Tiffany Danhof, Administrative Assistant; Daniel Santee, City Attorney              1.CALL TO ORDER Vice Chairman Mr. Braud called the meeting to order at 6:00 P.M.   2.SEAT ALTERNATE TO ACT IF REQUIRED Mr. McMaster was seated as the alternate.   3.HEARING OF RESIDENTS Residents who choose to watch the meeting via live stream, but who would like to participate in Hearing of Residents, should email their comments to the Planning Division, at planning@schertz.com by 5:00p.m. on Tuesday, September 12, 2023, so that the P lanning Division may read the public comments into the record under the hearing of residents. In the body of the email please include your name, your address, phone number, agenda item number if applicable or subject of discussion, and your comments. 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. No one spoke.   4.CONSENT AGENDA:   A.Minutes for the August 23, 2023 Regular Meeting.       Motioned by Commissioner Gordon Rae to approve, seconded by Commissioner Judy Goldick  Vote: 6 - 0 Passed  Other: Commissioner Patrick McMaster (ABSTAIN)   5.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.PLZC20230051– Hold a public hearing, consider and make a recommendation on a request to rezone approximately 21 acres of land from General Business District (GB) and Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4), generally located approximately 3,000 feet east of the intersection of IH 35 access road and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers: 68315, 68316, 68296, 68295, 68294, also known as 2204 Den-Ott Hill, 2228 Den-Ott Hill, 2300 Den-Ott Hill, City of Schertz, Guadalupe County, Texas. Mrs. Delgado and the applicant provided a presentation. Mr. Braud opened the public hearing at 6:24 P.M. Sandra Ott- 18780 IH35 N #3 & 5 Adam Sharp- 2233 Den-Ott Hill Brenda Ott- 2217 Den-Ott Hill Mr. Braud closed the public hearing at 6:32 P.M.       Motioned by Commissioner Patrick McMaster to recommend approval to the City Council, seconded by Commissioner Gordon Rae  Vote: 7 - 0 Passed   B.PLZC20230170 - Hold a public hearing, consider, and make a recommendation on a request to rezone approximately 14.3 acres from General Business District (GB) to Single-Family Residential District (R-2), located approximately 483 feet from the intersection of Green Valley Road and Eckhardt Road, also known as a portion of 4600 Eckhardt Rd, Schertz, Guadalupe County, Texas, also known as Guadalupe County Property Identification Number 63998 and 7263 Green Valley Road, Schertz, Guadalupe County, Texas, also known as Guadalupe County Property Identification Number 153815. Mrs. Marquez provided a presentation. Mr. Braud opened the public hearing at 6:41 P.M. Jason Lund-4190 Eckardt Rd. Mr. Braud closed the public hearing at 6:43 P.M.       Motioned by Commissioner Gordon Rae to recommend approval to the City Council, seconded by Commissioner Judy Goldick  Vote: 7 - 0 Passed   C.PLPDD20230127 - Hold a public hearing, consider, and make a recommendation on a request to rezone approximately .21 acres of land from Neighborhood Services District (NS) to Planned Development District (PDD), located at 4571 Schertz Parkway, also known as Guadalupe County Parcel ID 31981, generally located northwest of the intersection between Schertz Parkway and Wiederstein Road, City of Schertz, Guadalupe County, Texas. NO ACTION TO OCCUR / NOTICING ERROR    Mr. Haas provided a presentation.   D.PLUDC20230214 - Hold a public hearing, workshop and discussion and possible action to make a recommendation on amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 4, Section 21.4.12 Variances and Article 9, Section 21.9.7 Landscaping and Section 21.9.9 Tree Mitigation. Mr. Haas provided a presentation. Mr. Braud opened the public hearing at 6:51 P.M. No one spoke. Mr. Braud closed the public hearing at 6:52 P.M.       Motioned by Commissioner Patrick McMaster to recommend approval to the City Council, seconded by Commissioner Judy Goldick  Vote: 7 - 0 Passed   6.ITEMS FOR INDIVIDUAL CONSIDERATION:   A.PLFP20230209 WAIVER- Consider and act upon a request for a waiver to the Unified Development Code Section 21.14.1. Streets subsection K Half Streets and Adjacent Streets, in order to not construct the 2,800 feet of the adjacent David Lack Boulevard in accordance with the Master Thoroughfare Plan for the IDV Schertz Subdivision, approximately 119 acres of land, known as 22867 IH 35, Schertz, Comal County, Texas, also known as Comal County Parcel ID 75290. Mrs. Marquez provided a presentation.       Motioned by Commissioner Gordon Rae to approve, seconded by Commissioner Patrick McMaster  Vote: 7 - 0 Passed   B.PLFP20230209 - Consider and act upon a request for approval of a final plat of the IDV Schertz Subdivision, approximately 119 acres of land, known as 22867 IH 35, Schertz, Comal County, Texas, also known as Comal County Parcel ID 75290. Mrs. Marquez provided a presentation.       Motioned by Commissioner John Carbon to approve, seconded by Commissioner Gordon Rae  Vote: 7 - 0 Passed   7.REQUESTS AND ANNOUNCEMENTS:   A.Requests by Commissioners to place items on a future Planning and Zoning Agenda There were no requests by Commissioners.   B.Announcements by Commissioners City and community events attended and to be attended Continuing education events attended and to be attended There were no announcements by Commissioners.   C.Announcements by City Staff. City and community events attended and to be attended. There were no announcements by City staff.   8.INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION PACKETS- NO DISCUSSION TO OCCUR   A.Current Projects and City Council Status Update      9.ADJOURNMENT OF THE REGULAR MEETING Vice Chairman Mr. Braud adjourned the regular meeting at 7:04 P.M.   ____________________________________ Chairman, Planning and Zoning Commission ______________________________ Recording Secretary, City of Schertz PLANNING AND ZONING COMMISSION MEETING: 09/27/2023 Agenda Item 5 A   TO:Planning and Zoning Commission PREPARED BY:Samuel Haas, Senior Planner SUBJECT:Conduct a public hearing, workshop, and discussion for the Schertz Comprehensive Plan update.   PLANNING AND ZONING COMMISSION MEETING: 09/27/2023 Agenda Item 5 B TO:Planning and Zoning Commission PREPARED BY:Samuel Haas, Senior Planner CASE:PLPDD20230127 SUBJECT:PLPDD20230127 - Hold a public hearing, consider, and make a recommendation on a request to rezone approximately 2.1 acres of land from Neighborhood Services District (NS) to Planned Development District (PDD), known as Guadalupe County Parcel ID 31970, 31971, 31972, 31973, 31980, 31981, 31982, 31983, generally located northwest of the intersection between Schertz Parkway and Wiederstein Road, City of Schertz, Guadalupe County, Texas. GENERAL INFORMATION: Owner/Applicant: Anthony Eugenio APPLICATION SUBMITTAL DATE: Date Application Type 5/15/23 Zone Change PUBLIC NOTICE: On September 15th, five (5) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the staff report, two (2) response in favor, zero (0) neutral, and zero (0) opposed have been received. A public hearing notice will be published in the San Antonio Express prior to the City Council meeting. ITEM SUMMARY: The applicant is proposing to rezone approximately 2.1 acres of land from Neighborhood Services District (NS) and Planned Development District (PDD) to Planned Development District (PDD), generally located northwest of the intersection between Schertz Parkway and Wiederstein Road. This PDD will conform to the Heritage Oaks Planned Development District development and design standards that were previously approved by Ordinance 21-S-15 on May 11th, 2021. LAND USES AND ZONING: Zoning Land Use Existing Neighborhood Services District (NS) & Planned Development District (PDD) Undeveloped Proposed Planned Development District (PDD)Single-Family Residential Adjacent Properties: Zoning Land Use North Planned Development District (PDD)Undeveloped South Planned Development District (PDD)Undeveloped East Schertz Parkway Right of way West Planned Development District (PDD)Undeveloped PROPOSED ZONING: PROPOSED ZONING: The Heritage Oaks II PDD will conform with the development and design standards of the Heritage Oaks PDD. The full details of which can be found in Ordinance 21-S-15. The main development and design elements are listed below. Coving Plan: The Heritage Oaks Subdivision is designed through a coving plan. Contrary to traditional urban grid patterns, the coving plan is characterized by winding roads and meandering setbacks that result in less impervious coverage, as well as increased open space and potential tree preservation. Revised Lot Standards: The base zoning for the subject property will be Single-Family Residential District (R -1); the development of any residential lots will follow the R -1 zoning district unless otherwise stated in the Heritage Oaks PDD.The Heritage Oaks II PDD will have revised dimensional requirements, which outline a minimum lot size of 6,000 square feet, with a minimum width of 50 feet and a minimum depth of 120 feet. Other Heritage Oaks PDD Features: Revised Street Standards to include: Curvilinear Streets, Cul-de-sac Revisions, and Extended Block Lengths Parkland and Trail Features to include: Parkland Dedication Revisions, and 10 foot & 30 foot concrete trails Landscaping and Tree Preservation/Mitigation Features to include: 3 trees on each lot with a minimum of 15" inches caliper for the lot, and Preservation of 50% of Heritage Trees CONFORMANCE WITH THE COMPREHENSIVE PLAN: Comprehensive Plan Goals and Objectives: The Comprehensive Plan identifies the subject properties under the Single-Family Residential land use designation. Areas classified under the Single-Family Residential land use designation are intended to utilize a traditional neighborhood design that includes a mix of residential uses, as well as limited commercial development to support the daily activities of the development. The proposed zone change meets the goals and objectives of the Single-Family Residential future land use designation, and is therefore in conformance with the Comprehensive Land Use Plan. Impact of Infrastructure: The proposed zone change should have a negligible effect on the existing planned public water and wastewater system since the base zoning district of the proposed PDD is Single-Family Residential (R-1). Impact of Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by land zoned as part of the Heritage Oaks PDD that is to be developed as single family residential, property utilized as single-family residential, with a small amount of commercially zoned property to the north. The proposed zone change to PDD with R-1 as the base zoning district is compatible with the existing and potential adjacent land uses. STAFF ANALYSIS AND RECOMMENDATION: Background: For background, the existing Live Oak Hills Subdivision was platted and individual lots were sold in 1963 without the necessary infrastructure improvements, such as water lines, sewer lines, and roads, which left hundreds of lots to remain undeveloped. These undeveloped lots in Live Oak Hills collectively formed what is commonly referred to as a 'paper subdivision', or a subdivision that is recognizable on paper, but not in the real world. This situation poses numerous development challenges; from various land ownership parties to cost-prohibitive infrastructure requirements for individual lot development, 'paper subdivisions' can often remain vacant for decades, as is the situation with most of the Live Oak Hills Subdivision. The Heritage Oaks PDD is designed to redevelop 45 acres of the existing Live Oak Hills subdivision plat along with an additional 21 acre tract into a 66 acre single-family residential subdivision. This PDD was approved in 2021 as an additional 21 acre tract into a 66 acre single-family residential subdivision. This PDD was approved in 2021 as Ordinance 21-S-15. The proposed Heritage Oaks II PDD will incorporate Lot 13 Block 41 of the original Live Oak Hills subdivision that was not in the original Ordinance 21-S-15; this lot has since been acquired by the Heritage Oaks developer. Adding this lot, will make the proposed subdivision more contiguous and more consistent. UDC Section 21.5.10.B.4.(a) stipulates that single-family Planned Development Districts must be a minimum of 2 acres. As a result, the applicant is rezoning the adjacent 2 acres around said lot to comply with the minimum acreage for a PDD established in the UDC. Staff is recommending approval of the proposed zone change to Planned Development District as discussed. 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 proposed zoning application.In considering action on a zoning application, the Commission should consider the criteria within UDC Article 5, Section, 21.5.4 D. Attachments Aerial Exhibit Public Hearing Notice Map Zoning Exhibit Heritage Oaks II PDD Ord. 21-S-15 Heritage Oaks PDD 4571 SCHERT Z P K W Y (31981) 4575 SCHERT Z P K W Y (31980) 4579 SCHERT Z P K W Y (31979) 4583 SCHERT Z P K W Y (31978) 4559 SCHERT Z P K W Y (31984) 4473 OD E L L L N (31964) 4469 OD E L L L N (31965) 4465 OD E L L L N (31966) 4461 OD E L L L N (31967) 4585 PIN T O L N (32031) 4581 PIN T O L N (32032) 4577 PIN T O L N (32033) 4573 PIN T O L N (32034) 4569 PIN T O L N (32035) 4477 OD E L L L N (31963) 4567 SCHERT Z P K W Y (31982) 4563 SCHERT Z P K W Y (31983)4466 OD E L L L N (31971) 4462 OD E L L L N (31970) 4584 SCHERT Z PKWY (32027) 4580 SCHERT Z P K W Y (32026) 4576 SCHERT Z P K W Y (32025) 4572 SCHERT Z P K W Y (32024) 4568 SCHERT Z P K W Y (32023) 4564 SCHERT Z P K W Y (32022) 4474 OD E L L L N (31973) 4470 OD E L L L N (31972) 4482 OD E L L L N (31975) 4478 OD E L L L N (31974) 4560 SCHERT Z P K W Y (32021) 4458 OD E L L L N (31969) 4486 OD E L L L N (31976) 4587 SCHERT Z P K W Y (31977) 4589 PINTO L N (32030) 4439 ODELL L N (31944) 4457 ODELL L N (31968) 4565 PINTO L N (32036) 4541 SCHERT Z P K W Y (31994) 4481 ODELL L N (31962) 4542 SCHERT Z P K W Y (32011) 4456 NIL E L N (31954) 4452 NIL E L N (31953) 4464 NIL E L N (31956) 4460 NIL E L N (31955) 4472 NIL E L N (31958) 4468 NIL E L N (31957) 4440 ODELL L N (31993) 4588 SCHERT Z P K W Y (32028) 4476 NIL E L N (31959) 4434 NIL E L N (31943) 4480 NIL E L N (31960) 4485 ODELL L N (31961) N I L E L N W IE D E R S T EIN R DO D E L L L N Q U A I L L N S C H E R T Z P K W Y PI N T O L N M O R A L N 4 0 100 200 30050 Fe e t City of S che rtzHERITAGE OAKS(PLPDD20230127) Proje ct Are a 200' Buffe r City Lim it Boundary Last U pdate : S e pte m be r 14, 2023 “The City of S che rtz provide s this Ge og raphic Inform ation S yste m product "as is" without any e x pre ss or im plie dwarranty of any kind including but not lim ite d to the im plie d warrantie s of m e rchantability and fitne ss for a particular purpose .In no e ve nt shall The City of S che rtz be liable for any spe cial, indire ct or conse que ntial dam age s or any dam ag e s whatsoe ve r arising out of or in conne ctionwith the use of or pe rform ance of the se m ate rials. Inform ation publishe d in this product could include te chnical inaccuracie s or typog raphical e rrors. Pe riodicalchang e s m ay be m ade and inform ation m ay be adde d to the inform ation he re in. The City of S che rtz m ay m ake im prove m e nts and/or chang e s in the product(s)de scribe d he re in at any tim e .” City of S che rtz, GIS De partm e nt, g is@sche rtz.com N SW E BinkleyBarfield.com TxEng F-257 Binkley & Barfield, Inc. 190 S Seguin Ave New Braunfels, TX 78130 830-606-3913 PDD - REZONING 2.06 AC. BinkleyBarfield.com TxEng F-257 Binkley & Barfield, Inc. 190 S Seguin Ave New Braunfels, TX 78130 830-606-3913 PDD - REZONING 2.06 AC. BinkleyBarfield.com TxEng F-257 Binkley & Barfield, Inc. 190 S Seguin Ave New Braunfels, TX 78130 830-606-3913 PDD - REZONING 2.06 AC. BinkleyBarfield.com TxEng F-257 Binkley & Barfield, Inc. 190 S Seguin Ave New Braunfels, TX 78130 830-606-3913 PDD - REZONING 2.06 AC. PLANNED DEVELOPMENT DISTRICT HERITAGE OAKS II SCHERTZ, TEXAS May 15, 2023 (revised 7/19/23; 09/1523) PREPARED BY: Anthony W. Eugenio PLANNED DEVELOPMENT DISTRICT HERITAGE OAKS II Prepared By and For: Anthony W. Eugenio 334 N Park Drive San Antonio, TX 78216 (210) 826-9000 Date: May 15, 2023 (revised 7/19/23; 09/15/23) Planned Development District | Heritage Oaks II May 15,2023 (revised 7/19/23; 09/15/23) TABLE OF CONTENTS I. PROPERTY .................................................................................................................................................................. 5 II. AFFECTED UDC ARTICLES / SECTIONS ..................................................................................................... 6 A. ARTICLE 5. - ZONING DISTRICTS................................................................................................................... 6 Sec. 21.5.7. - Dimensional and Development Standards ................................................... 6 B. ARTICLE 9. – SITE DESIGN STANDARDS .................................................................................................... 7 Sec. 21.9.3. – Lots.................................................................................................................... 7 Sec. 21.9.7. – Landscaping ..................................................................................................... 7 Sec. 21.9.9. – Tree Preservation and Mitigation ................................................................. 7 III. PLANNED DEVELOPMENT DISTRICT (PDD) AMENDMENTS ................................................. 8 Planned Development District | Heritage Oaks II May 15,2023 (revised 7/19/23; 09/15/23) FIGURES FIGURE 1.0: EXCERPT FROM LIVE OAK HILLS SUBDIVISION PLAT EXHIBITS EXHIBIT 1: PROPERTY DESCRIPTION EXHIBIT 2: ZONING EXHIBIT 1)MAP 2) LIST- NEIGHBORS < 200’ Planned Development District | Heritage Oaks II May 5, 2021 revised 7/19/23; 9/15/23) - 5 - HERITAGE OAKS II A PLANNED DEVELOPMENT DISTRICT SCHERTZ, TEXAS I. PROPERTY The proposed rezoning of Lots 2, 3, 4, 5, 12, 13, 14, and 15, Block 41 and the portion of Lots 12, 13, 14, and 15, Block 40 located in the 60’ ROW , Live Oak Hills Subdivision, City of Schertz, Guadalupe County, Texas (the “Lots”) from Neighborhood Services (NS) to PDD and PDD to PDD. If rezoned, the Lots will be the Heritage Oaks II PDD (“Heritage II PDD”) in conformance with the adjacent Heritage Oaks Neighborhood Planned Development District (the “Heritage PDD”) which is located 0.5 mile to the southeast of IH 35 off Schertz Parkway within the corporate limits of the City of Schertz. Refer to Exhibit “1” for the legal description of the Lots. It is the intent of this PDD rezoning that this Lots rezoning be in conformance and comply with the provisions of the Heritage PDD approved May 11, 2021 as Ordinance No. 21-S-15. The rezoning of these Lots shall cause no modification to the Heritage PDD. Schertz Parkway, is located on the East side of the Lot, and the Heritage Oaks Neighborhood is zoned as the Heritage PDD and is on the North, West and South of the Lots. Per the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), No. 48187C0210F, Effective Date November 2, 2007, none of the Lots is located within an area which is identified by FEMA as a special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood) with Base Flood Elevations (BFEs) determined. Figure 1: Excerpt from Live Oak Hills Subdivision Plat Source: Live Oak Hills Subdivision; Vol. 2, Pg. 146-147, M.P.R. Planned Development District | Heritage Oaks II May 5, 2021 revised 7/19/23; 9/15/23) - 6 - II. AFFECTED UDC ARTICLES/SECTIONS A Planned Development District (PDD) allows for flexibility in planning, design and development standards while complying with the intent of the Unified Development Code (UDC). The article and section amendments proposed with the PDD for the Lots are as follows: A. ARTICLE 5. – ZONING DISTRICTS Sec. 21.5.7. – Dimensional and Development Standards The Lots are presently zoned Neighborhood Services (NS) and PDD. Proposed with the PDD for Heritage Oaks II is a base zoning Single- Family Residential District-1 (R-1). The L ots are to be an absolute minimum of 6,000 square feet, variable width, 120 feet minimum depth (at the midplane of the lot) with minimum front and side yard setbacks of 20 feet and 5 feet, respectively. No permanent structures or heating, ventilation, and air conditioning equipment will be allowed in side yards less than 10 feet. Side yard fencing between homes shall be limited to no more than 20 feet from the rear corner of the home. Minimum lot size and dimensions, maximum density, as well as maximum impervious cover proposed for the Lot with Heritage II PDD are a Planned Development District with a base zoning Single-Family Residential District -1 (R-1) are provided with Table 1. Table 1 – The Lot for Heritage Oaks II, a Planned Development District (PDD) Minimum Lot Size/Dimensions Minimum Yard Setback Maximum Density Misc Zoning District Area Sq Ft Width Ft Depth Ft Front Ft Side Ft Rear Ft Minimum Off-Street Parking Spaces Lots Lots Per Acre Max Height Ft Max Imperv Cover Planned Development District (PDD) 6,000 50 120** 20 5* 20 2 215 3.25 35 50% *Rectangular shaped lots shall have minimum 6-foot side yard setback. * Corner lot shall have minimum 10-foot side yard setback from street right-of-way. **Minimum depth shall be taken at the midplane of the lot Planned Development District | Heritage Oaks II May 5, 2021 (revised 7/19/23; 9/15/23) - 7 - B. ARTICLE 9 – SITE DESIGN STANDARDS Sec. 21.9.3. – Lots Large non-uniform lots with variable frontage and setbacks are proposed with Heritage Oaks II. Lot sizes and dimensions, as well as setbacks, shall be shown on all plats and shall conform to the minimum requirements recognized in the Dimension and Development Standards of this PDD. In addition, the following modified requirements to UDC Sec. 21.9.3 will apply: I. Lot lines are not required to be perpendicular to the local streets within Heritage Oaks II. The larger non-uniform lots, characteristic of a coving subdivision, provide more open space and tree preservation. Sec. 21.9.7. – Landscaping E.3.a Every single-family dwelling shall have a minimum of three shade trees with at least one in the front yard and one in the back yard. Each single family dwelling shall have a minimum of fifteen inches (15”) DBH of shade trees on the entire lot, including existing trees. Sec. 21.9.9. – Tree Preservation and Mitigation Trees with a 24" DBH (diameter at breast height-4 ½ feet above existing ground level) are designated "Heritage Trees”. Trees with an 8" DBH (diameter at breast height-4 ½ feet above existing ground level) are designated "Protected Trees”. C. Tree Preservation 1. Single Family Residential Development: a. Heritage Trees. A minimum of fifty percent (50%) of the total Heritage Trees in Heritage Oaks II must be preserved. i. Exemptions. Heritage Trees located within proposed right-of-way, utility easements, and drainage right-of- way/easements shall be exempt from the 50% tree save requirement. Planned Development District | Heritage Oaks II May 5, 2021 (revised 7/19/23; 9/15/23) - 8 - b. Protected Trees. No Protected Trees in Heritage Oaks II must be preserved, however any preserved shall be credited toward the minimum builder requirement of 15” DBH. D. Tree Mitigation. There are no tree mitigation requirements for Protected and Heritage Class Trees in Heritage Oaks II. III. PLANNED DEVELOPMENT DISTRICT (PDD) AMENDMENTS Any significant future changes from the established Dimensional Requirements for the approved PDD, which alter the concept of the PDD or increase the density, will cause the plan to be resubmitted for approval by the Planning & Zoning Commission and the City Council, including a new public hearing with applicable fees. Minor changes which do not change the concept or intent of the development shall be approved or denied administratively. EXHIBITS EXHIBIT 1 PROPERTY DESCRIPTION Lots 2, 3, 4, 5, 12, 13, 14, and 15, Block 41 and the portion of Lots 12, 13, 14, and 15, Block 40 located in the 60’ ROW , Live Oak Hills Subdivision, City of Schertz, Guadalupe County, Texas, according to a Plat thereof recorded in Volume 2, Pages 146-147, Map and Plat Records, Guadalupe County, Texas EXHIBIT 2 ZONING EXHIBIT 1) 200’ zoning exhibit 2) List of Neighbors within 200’ 1718 Dry Creek Way, Suite 110  San Antonio, Texas 78259 Main 210.265.8300  westwoodps.com TBPE Firm No. F-11756  TBPLS Firm No. 10194064 County of Guadalupe Heritage Oaks State of Texas 66.162 acres May 8, 2020 METES AND BOUNDS DESCRIPTION of a 66.162 acre tract of land situated in the Toribio Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas and being all of the following lands: 45.952 acres being Lots 10-18, Block 31, Lots 9-16, Block 32, Lots 1-17, Block 34, all of Blocks 35-38, Lots 1-17, Block 39, all of Block 40, Lots 2-8, and the remaining portions of 9-12 and 14-16, Block 41, and Lots 2-9, and the remaining portions of 10-16, Block 42 and the proposed vacated right-of-ways platted as King Lane, Lyric Lane, Mora Lane, Nile Lane, Odell Lane and that 1,607 foot section of Live Oak Blvd contained herein and as shown by plat of Live Oak Hills Subdivision recorded in Volume 2, Pages 146-147, Guadalupe County Plat Records, AND, 20.210 acres out of the remaining portion of a 23.811 acre tract described by warranty deed recorded in Volume 2142, Page 582, Guadalupe County Official Public Records; In all, said 66.162 acre tract being more particularly described as follows: BEGINNING at a ½” iron rod found on the southwest line of Schertz Parkway (a 86’ width right of way) recorded in Volume 5, Page 73B, Guadalupe County Plat Records at the common southeast corner of Lot 4, Block 2, as shown by plat of Legacy at Forest Ridge Subdivision recorded in Volume 8, Pages 428, said Plat Records and the north corner of the remaining portion of said Lot 9, Block 41 and the north corner and POINT OF BEGINNING of the herein described tract of land; THENCE, along the southwest line of said Schertz Pkwy, South 29° 53’ 42” East, 297.30 feet to a ½” iron rod set (WESTWOOD), THENCE, departing the southwest line of Schertz Pkwy and circumnavigating Lot 13, Block 41 of said Live Oak Hills, the following courses: South 60° 21’ 20” West, 105.00 feet to a ½” iron rod set (WESTWOOD), South 29° 53’ 42” East, 75.00 feet a ½” iron rod set (WESTWOOD), and North 60° 21’ 20” East, 105.00 feet a ½” iron rod set (WESTWOOD) returning to the southwest line of said Schertz Pkwy; THENCE, South 29° 53’ 42” West, at 223.81 feet pass the north corner of the vacating portion of said Live Oak Blvd., at 283.81 feet pass the east corner of the same, in all, a total of 773.77 feet to a ½” iron rod set (WESTWOOD) at the north corner of the remaining portion of Lot 17, Block 42 of said Live Oak Hills, for the southeast corner of the herein and described tract of land; THENCE, departing southwest line of Schertz Pkwy and across said Live Oak Hills and along the north and west lines of said Lot 17, South 60° 32’ 29” West, 107.04 feet to a ½” iron rod set 1718 Dry Creek Way, Suite 110  San Antonio, Texas 78259 Main 210.265.8300  westwoodps.com TBPE Firm No. F-11756  TBPLS Firm No. 10194064 (WESTWOOD), South 29° 48’ 49” West, 70.00 feet to a ½” iron rod found (CEC) at the north corner of Lot 1, Block 42; THENCE, continuing across said Live Oak Hills, South 60° 08’ 07” West, at 120.02 feet passing a ½” iron rod (CEC), at 180.02 feet pass a ½” iron rod found (CEC), in all, a total distance of 300.27 feet to a ½” iron rod set (WESTWOOD) at the west corner of Lot 18, Block 39 of said Live Oak Hills and South 29° 48’ 49” East, 69.67 feet to a ½” iron rod set (WESTWOOD) on the common northwest line of Carolina Crossing Subdivision Unit 8 recorded in Volume 6, Page 219, said Plat Records and the south line of said Live Oak Hills for a corner of the herein described tract of land; THENCE, South 60° 04’ 52” West, 120.05 feet passing a ½” iron rod, in all, a total distance of 179.91 feet to a ½” iron rod found and South 60° 00’ 52” West, 5.16 feet to a ½” iron rod set (WESTWOOD) at the common northwest corner of said Carolina Crossing Unit 8, the north corner of said 23.811 acre tract and a reentrant corner of the herein described tract of land; THENCE, along the southwest line of said Unit 8, the northeast line of said 23.811 acre tract, South 30° 01’ 02” East, 1172.99 feet to a ½” iron rod found (CEC) on the northwest line of Carolina Crossing Subdivision Unit 7 recorded in Volume 6, Page 219, said Plat Records at the common south corner of said Carolina Crossing Unit 8 and the southeast corner of said 23.811 acre tract and the herein described tract of land; THENCE, along the common northwest line of said Carolina Crossing Unit 7, the southeast line of said 23.811 acre tract, the following courses: South 60° 01’ 14” West, 232.61 feet to a ½” iron rod set (WESTWOOD), South 59° 56’ 11” West, 464.59 feet to ½” iron rod set (WESTWOOD), and South 58° 45’ 36” West, 53.53 feet to ½” iron rod found (CEC) for the common west corner of said Carolina Crossing Unit 7 and the northeast corner of Unit 1 P.U.D., Kensington Ranch Estates Subdivision recorded in Volume 8, Page 2 Guadalupe County Official Public Records, for a southeast corner of the herein described tract, THENCE, continuing with the southeast line of said 23.811 acre tract and along the common northwest line said Kensington Ranch Estates, South 59° 50’ 40” West, 175.30 feet to ½” iron rod set (WESTWOOD) at the east corner of 1.192 acre tract conveyed unto the City of Schertz by warranty deed recorded in Volume 2742, Page 269, said Official Public Records, for the south corner of the herein described tract of land; THENCE, along the northeast line said 1.192 acre tract, and across the 23.811 acre tract, North 73° 37’ 50” West, 207.43 feet to a ½” iron rod found at the beginning of a non-tangent curve to the right; THENCE, along the arc of said curve with an arc length of 159.85 feet, a radius 275.52 feet, a delta of 33° 14’ 33”, and a chord bearing and distance of South 57° 00’ 34” East, 157.62 feet to a ½” iron rod set at common north corner of said 1.192 acre tract and an east corner of those City of Schertz tracts recorded in Volume 2708, Page 726, said Official Public Records, for a west corner of the herein described tract of land; THENCE, North 22° 29’ 23” West, 385.88 feet to ½” iron rod set (WESTWOOD) at the south corner of a 9.167 acre tract conveyed unto Guadalupe Valley Electric Cooperative recorded in 1718 Dry Creek Way, Suite 110  San Antonio, Texas 78259 Main 210.265.8300  westwoodps.com TBPE Firm No. F-11756  TBPLS Firm No. 10194064 Volume 1145, Page 543, said Official Public Records, for a west corner of the herein described tract of land; THENCE, along the common lines of said 9.167 acre tract and said 23.811 acre tract, North 59° 51’ 25” East, 795.12 feet to a ½” iron rod set (WESTWOOD), and North 30° 04’ 31” West, 500.00 feet to a ½” iron rod found on the southeast line of said Live Oak Hills coincident with the common northeast corner of said 9.167 acre tract for a reentrant corner of the herein described tract of land; THENCE, along the northwest line of said 9.167 acre tract, South 60° 00’ 52” West, 299.69 feet to a ½” iron rod found (CEC), at the east corner of Lot 18, Block 34 of said Live Oak Hills; THENCE, circumnavigating said Lot 18, of same Block, the following courses: North 29° 49’ 32” West, 71.80 feet to a ½” iron rod set (WESTWOOD), South 59° 57’ 05” West, 120.00 feet to a ½” iron rod set (WESTWOOD), and South 30° 14’ 08” East, 72.11 feet to a ½” iron rod set (WESTWOOD) returning to the northwest line of said 9.167 acre tract for a corner of the herein described tract of land; THENCE, South 59° 45’ 52” West, 300.51 feet to a ½” iron rod set (WESTWOOD) on the east line of said City of Schertz tract for a west corner of the herein described tract of land; THENCE, across said Block 31, North 29° 50’ 00” West, 633.07 feet passing a ½” iron rod found, in all, for a total distance of 1284.52 feet to a ½” iron rod set (WESTWOOD) on the southeast line of Lot 1, Block 1, Chelsea Mixed-Use Subdivision recorded in Volume 7, Pages 530-531, said Plat Records for the west corner of the herein described tract of land; THENCE, North 59º 58’ 25” East, at 961.45 feet pass a ½” iron rod at the southwest corner of Lot 6, Block 2, Legacy at Forest Ridge recorded in Volume 8, Page 428, said Plat Records, in all, a total of 1,606.37 feet to the POINT OF BEGINNING. Containing in all, 2,882,049 square feet, or 66.162 acres of land, more or less. The above description and area specifically excludes Lot 1, Block 41, said Live Oak Hills Subdivision, said Lot 1 being more particularly described as follows: COMMENCING at a ½” iron rod found on the southwest line of said Schertz Parkway at the common southeast corner of said Lot 4, Block 2, Legacy at Forest Ridge Subdivision, and the north corner of said remaining portion of said Lot 9, Block 41; THENCE, along the southwest line of said Schertz Pkwy, South 29° 53’ 42” East, at 297.30 feet passing the north corner of said Lot 13, Block 41, at 372.30 feet the east corner of the same, and continuing in all a total distance of 596.11 feet to the intersection of the southwest line of Schertz Pkwy and the northwest line of said Live Oak Blvd.; THENCE, along the northwest line of said Live Oak Blvd., South 60° 08’ 45” West, 105.00 feet to the east corner and POINT OF BEGINNING of the herein described tract of land; THENCE, continuing along the northwest line of said Live Oak Blvd., South 60° 08’ 45” West, 120.00 feet to the intersection of the northwest line of said Live Oak Blvd. and the northeast 1718 Dry Creek Way, Suite 110  San Antonio, Texas 78259 Main 210.265.8300  westwoodps.com TBPE Firm No. F-11756  TBPLS Firm No. 10194064 line of Odell Lane, a 60-foot right-of-way, proposed to be vacated, as shown by plat of said Live Oak Hills Subdivision; THENCE, along the northeast line of said Odell Lane, North 29° 53’ 42” West, 75.00 feet to the west corner of the herein described tract of land; THENCE, departing the right-of-way of said Odell Lane, North 60° 08’ 45” East, 120.00 feet to the north corner of the herein described tract of land; THENCE, South 29° 53’ 42” East, 75.00 feet to the POINT OF BEGINNING. Containing in all, 9,005 square feet, or 0.207 acres of land, more or less. Bearings are based on Texas State Plane coordinates for the South Central Zone, 4204 (NAD83, 2011 adjustment). This metes and bounds description of a 66.162 acre tract is for zoning and planning purposes only. This document of project number, 24313.00 and date, May 8, 2020, was prepared by Westwood Professional Services and shall not be used for conveyance nor construction purposes. . SC H E R T Z P A R K W A Y SU M T E R G L A D E FL O R E N C E G R O V E ABBEVILLE ROCK HI L L V I E W BUC K L E AU G U S T A G L A D E BILTMORE MANOR DIE T Z C R E E K ROCK HILL VIEW SE L M A C I T Y L I M I T S SC H E R T Z C I T Y L I M I T S SE L M A C I T Y L I M I T S SC H E R T Z C I T Y L I M I T S MA R I E T T A L A N E Δ WIEDERSTEIN PR O P O S E D RE Z O N E BO U N D A R Y PR O P O S E D RE Z O N E BO U N D A R Y PR O P O S E D RE Z O N E BO U N D A R Y SCHERTZ CITY LIMITS SELMA CITY LIMITS EX I S T I N G R- 2 ZO N I N G EX I S T I N G R- 2 ZO N I N G EX I S T I N G ZO N I N G BO U N D A R Y EX I S T I N G NS ZO N I N G CIT Y O F S C H E R T Z VOL . 7 7 6 , P G . 9 4 8 O . P . R . 150 0 75 150 PD D - 1 SH E E T CH E C K E D : DR A W N : DE S I G N : DA T E : JO B N O . : 243 1 3 . 0 0 JAN U A R Y 2 0 2 0 File: N:\0024313.00\1 Project Data\Dwg\Civil\Heritage Oaks - PDD.dwg DAD NO R T H SI N G L E F A M I L Y R E S I D E N T I A L PD D PR O P O S E D OW N E R / D E V E L O P E R SU R V E Y O R EN G I N E E R / A P P L I C A N T : HE R I T A G E O A K S N E I G H B O R H O O D 66 . 1 6 A C R E S ~ T O T A L T R A C T A R E A HE R I T A G E O A K S Z O N I N G T A B L E CO N D I T I O N AR E A ( A C . ) ZO N I N G EX I S T I N G 5.8 1 NS EX I S T I N G 60 . 3 5 R-2 PR O P O S E D 66 . 1 6 PD D LI N E T A B L E LIN E L1L2L3L4 LE N G T H 75 . 0 0 ' 12 0 . 0 0 ' 75 . 0 9 ' 12 0 . 0 0 ' BE A R I N G S2 9 ° 5 3 ' 4 2 " E S6 0 ° 0 6 ' 1 8 " W N2 9 ° 5 3 ' 4 2 " W N6 0 ° 0 8 ' 4 5 " E Phone (210) 265-83001718 Dry Creek Way, Suite 110Toll Free (888) 937-5150San Antonio, TX 78259 TBPLS FIRM NO. 10194064 - TBPE FIRM NO. F-11756 PD D - 2 SH E E T CH E C K E D : DR A W N : DE S I G N : DA T E : JO B N O . : 243 1 3 . 0 0 JAN U A R Y 2 0 2 0 File: N:\0024313.00\1 Project Data\Dwg\Civil\Heritage Oaks - PDD.dwg DAD NO R T H OW N E R / D E V E L O P E R SU R V E Y O R EN G I N E E R / A P P L I C A N T : HE R I T A G E O A K S N E I G H B O R H O O D 66 . 1 6 A C R E S ~ T O T A L T R A C T A R E A Phone (210) 265-83001718 Dry Creek Way, Suite 110Toll Free (888) 937-5150San Antonio, TX 78259 TBPLS FIRM NO. 10194064 - TBPE FIRM NO. F-11756 AD J A C E N T P R O P E R T Y O W N E R S H I P PREPARED BY: PLANNED DEVELOPMENT DISTRICT HERITAGE OAKS NEIGHBORHOOD SCHERTZ, TEXAS MAY 5, 2021 TBPLS Firm #10074302 TBPE Firm #F-11756 PLANNED DEVELOPMENT DISTRICT HERITAGE OAKS NEIGHBORHOOD Prepared For: Presidio Group, LLC 18618 Tuscany Stone San Antonio, TX 78258 (210) 826-9000 Prepared By: Westwood Professional Services 1718 Dry Creek Way, Suite 110 San Antonio, TX 78259 (210) 265-8300 Project Number: R0024313.00 Date: May 5, 2021 Planned Development District | Heritage Oaks Neighborhood May 5, 2021 TABLE OF CONTENTS I. PROPERTY …………………………………..……………………….…………..…………….… 2 II. COVING PLAN ……………………….…….……………………………………….………....… 4 III. AFFECTED UDC ARTICLES / SECTIONS …………….……..…………..…………….....… 5 A. ARTICLE 5. - ZONING DISTRICTS ……………….……..……………………………….……………… 5 Sec. 21.5.7. - Dimensional and Development Standards .……………………………..…… 5 B. ARTICLE 9. – SITE DESIGN STANDARDS ……….………………………………..…….……….…… 7 Sec. 21.9.2. – Blocks .…………………….………………………..…………...……....…….…..…… 7 Sec. 21.9.3. – Lots .…………………….…………………………..………...……....………..…..…… 8 Sec. 21.9.7. – Landscaping .………….………….…..…………………………………………....…… 8 Sec. 21.9.9. – Tree Preservation and Mitigation .………………………………………….…… 9 Sec. 21.9.10. – Park and Open Space Dedication Requirements .……………….….…… 9 C. ARTICLE 14. – TRANSPORTATION ……….……………….………………………..…….……….…… 10 Sec. 21.14.1. – Streets .…………………….…………………………………...……....…….…...…… 10 Sec. 21.14.4. – Alleys …..…….…………….…………………………………...……....…….…...…… 11 Sec. 21.14.5. – Driveways …..…………….…………………………………...……....…….…...…… 12 Sec. 21.14.6. – Sidewalks and Hike and Bike Trails …….…………...……....…….…...…… 12 IV. PLANNED DEVELOPMENT DISTRICT (PDD) AMENDMENTS …..…………….....… 12 Planned Development District | Heritage Oaks Neighborhood May 5, 2021 FIGURES FIGURE 1.0: EXCERPT FROM LIVE OAK HILLS SUBDIVISION PLAT FIGURE 2.0: COVING PROPOSED W/ HERITAGE OAKS NEIGHBORHOOD FIGURE 3.0: HERITAGE OAKS NEIGHBORHOOD BLOCK LENGTHS FIGURE 4.0: HERITAGE OAKS NEIGHBORHOOD CUL-DE-SAC LENGTHS FIGURE 5.0: PROPOSED WILDENSTEIN ROAD, A RESIDENTIAL COLLECTOR EXHIBITS EXHIBIT 1: METES AND BOUNDS EXHIBIT 2: CONCEPTUAL COVING PLAN EXHIBIT 3: DRIVEWAY DETAIL EXHIBIT 4: WIEDERSTEIN AND WEST DIETZ CREEK TRAIL PLAN EXHIBIT 5: ZONING EXHIBIT Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 2 - HERITAGE OAKS NEIGHBORHOOD A PLANNED DEVELOPMENT DISTRICT SCHERTZ, TEXAS I. PROPERTY The proposed 65.97 acre Heritage Oaks Neighborhood (the “Heritage Oaks Neighborhood”) is located 0.5 mile to the southeast of IH 35 off Schertz Parkway within the corporate limits of the City of Schertz. Approximately 45.76 acres lies within the Live Oak Hills Subdivision, a Plat of Record in Volume 2, Pages 146-147 of the Map and Plat Records of Guadalupe County, Texas recorded on May 31, 1963. Refer to Exhibit “1” for the Metes & Bounds of the proposed tract. Figure 1: Excerpt from Live Oak Hills Subdivision Plat Source: Live Oak Hills Subdivision; Vol. 2, Pg. 146-147, M.P.R. Wiederstein Road, which traverses Heritage Oaks Neighborhood east to west from Schertz Parkway, is a Residential Collector per the City of Schertz Master Thoroughfare Plan Update (2017). The posted speed limit is 20 mph and the pavement is presently in poor condition, 20-21 feet in width. An approximate 5.5 acres adjacent to Schertz Parkway is zoned Neighborhood Services (NS) with the remainder of the tract being zoned Single-Family Residential District-2 (R-2). To the north lies an undeveloped tract within the corporate limits of the City of Selma and Legacy at Forest Ridge which is zoned General Business (GB). Dietz Creek runs along the western property line. And open space within the Kensington Ranch Estates, a PDD, lies at the southern corner of the Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 3 - tract with Carolina Crossing, zoned Single-Family Residential District-6 (R-6), on the south/southeast property line. An approximate 200 acres upstream of Schertz Parkway discharges onto the tract directly north of the Schertz Parkway/Wiederstein Road intersection. No defined channel exists with runoff sheet flowing across the property to Dietz Creek. Existing contours indicate an approximate 60 foot change in elevation from the most northern corner of the tract to the most southern corner of the tract with grades of 5-6% adjacent to Schertz Parkway and the Carolina Crossing Subdivision to the east and grades of approximately 1% adjacent to Dietz Creek to the west. Per the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), No. 48187C0210F, Effective Date November 2, 2007, Dietz Creek is located within Zone “AE” (Shaded) which is identified by FEMA as a special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood) with Base Flood Elevations (BFEs) determined. Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 4 - II. COVING PLAN In lieu of the conventional urban grid, coving is proposed with Heritage Oaks Neighborhood. A method of urban planning, coving was pioneered by Minneapolis-based urban designer Rick Harrison. Characterized by winding roads and meandering setbacks, coving results in less impervious area, more open space, tree preservation and a reduction in costs attributed to the non-uniform lots, placement of homes and reduction in pavement. Figure 2: Coving Proposed w/ Heritage Oaks Neighborhood Source: Rick Harrison Design Studio & Neighborhood Innovations, LLC Rather than clearing the site and proceeding with 70’x120’ lot minimums required by the Single- Family Residential District-2 (R-2) zoning, the intention with Heritage Oaks Neighborhood is to maximize the density while preserving trees. To this end, both realignment of and fronting lots off Wiederstein Road is proposed. The realignment and curvature of Wiederstein Road will serve to reduce speeds, and coupled with the meandering building setbacks, will create a corridor more pleasing than the typical straightaway with parallel fencing at the right-of-way limits. With regards to safety, “T” turnarounds for the driveways off of Wiederstein Road are proposed with the realignment. Rather than reversing onto the road, the turn arounds will allow cars to enter Wiederstein Road in drive. Refer to Exhibit “2” for the proposed Heritage Oaks Neighborhood Conceptual Coving Plan. Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 5 - III. AFFECTED UDC ARTICLES/SECTIONS A Planned Development District (PDD) allows for flexibility in planning, design and development standards while complying with the intent of the Unified Development Code (UDC). The article and section amendments proposed with the PDD for Heritage Oaks Neighborhood are as follows: A. ARTICLE 5. – ZONING DISTRICTS Sec. 21.5.7. – Dimensional and Development Standards The tract is presently zoned Single-Family Residential District-2 (R-2) except for an approximate 5.5 acres adjacent to Schertz Parkway that is zoned Neighborhood Services (NS). Proposed with the PDD for Heritage Oaks Neighborhood is a base zoning Single- Family Residential District-1 (R-1). Lots are to be an absolute minimum of 6,000 square feet, variable width, 120 foot minimum depth (at the midplane of the lot) with minimum front and side yard setbacks of 20 foot and 5 foot, respectively. No permanent structures or heating, ventilation, and air conditioning equipment will be allowed in side yards less than 10 feet. Side yard fencing between homes shall be limited to no more than 20 feet from the rear corner of the home. The average lot size in the Heritage Oaks Neighborhood shall be an absolute minimum of 8,400 square feet. With the current layout, the average lot size for the tract is 9,020 square feet, while the median lot size is 8,432 square feet. The maximum impervious cover is to be 50 percent. Dimensional requirements for the existing zoning districts (residential/non-residential) are provided with Tables 1 & 2, respectively. Table 1 – Existing Dimensional Requirements, Residential Zoning Districts Minimum Lot Size/Dimensions Minimum Yard Setback Misc Zoning District Area Sq Ft Width Ft Depth Ft Front Ft Side Ft Rear Ft Minimum Off-Street Parking Spaces Max Height Ft Max Imperv Cover Single-Family Residential District-2 (R-2) 8,400 70 120 25 10 20 2 35 50% Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 6 - Table 2 – Existing Dimensional Requirements, Non-Residential Zoning Districts Minimum Lot Size/Dimensions Minimum Yard Setback (Ft) Misc Zoning District Area Sq Ft Width Ft Depth Ft Front Ft Rear Adj. Non-Res Zone Rear Adj. Res Zone Side Adj. Non-Res Zone Side Adj. Res Zone Max Height Ft Max Imperv Cover Neighborhood Services (NS) 10,000 100 100 25 0 25 0 25 35 80% Minimum lot size and dimensions, maximum density, as well as maximum impervious cover proposed with the Heritage Oaks Neighborhood, a Planned Development District (PDD) with a base zoning Single-Family Residential District-1 (R-1) are provided with Table 3. Table 3 – Heritage Oaks Neighborhood, a Planned Development District (PDD) Minimum Lot Size/Dimensions Minimum Yard Setback Maximum Density Misc Zoning District Area Sq Ft Width Ft Depth Ft Front Ft Side Ft Rear Ft Minimum Off-Street Parking Spaces Lots Lots Per Acre Max Height Ft Max Imperv Cover Planned Development District (PDD) 6,000 50 120** 20 5* 20 2 215 3.25 35 50% *Rectangular shaped lots shall have minimum 6-foot side yard setback. * Corner lot shall have minimum 10-foot side yard setback from street right-of-way. **Minimum depth shall be taken at the midplane of the lot Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 7 - B. ARTICLE 9 – SITE DESIGN STANDARDS Sec. 21.9.2 – Blocks Coving allows for the preservation of trees through the reduction in pavement, larger lots and more green space. The length, width and shape of the blocks are dictated by the winding streets, non-uniform lots and variable setbacks. D. A maximum block length of one thousand seven hundred and thirty-three feet (1,733’) is proposed with the Heritage Oaks Neighborhood. Figure 3: Heritage Oaks Neighborhood Block Lengths Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 8 - Sec. 21.9.3. – Lots Large non-uniform lots with variable frontage and setbacks are proposed with Heritage Oaks Neighborhood. Lot sizes and dimensions, as well as setbacks, shall be shown on all plats and shall conform to the minimum requirements recognized in the Dimension and Development Standards of this PDD. In addition, the following modified requirements to UDC Sec. 21.9.3 will apply: H. Residential lots may front Wiederstein Road, a residential collector. Driveways for all residential lots fronting Wiederstein Road, without alley access, will have a “T” turnaround eliminating the need for vehicles to back onto the road. Dimensional requirements for proposed “T” turnarounds are provided with Exhibit “3”. I. Lot lines are not required to be perpendicular to the local streets within the Heritage Oaks Neighborhood. The larger non-uniform lots, characteristic of a coving subdivision, provide more open space and tree preservation. Sec. 21.9.7. – Landscaping E.3.a Every single family dwelling shall have a minimum of three shade trees with at least one in the front yard and one in the back yard. Each single family dwelling shall have a minimum of fifteen inches (15”) DBH of shade trees on the entire lot, including existing trees. Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 9 - Sec. 21.9.9. – Tree Preservation and Mitigation Trees with a 24" DBH (diameter at breast height-4 ½ feet above existing ground level) are designated "Heritage Trees”. Trees with an 8" DBH (diameter at breast height-4 ½ feet above existing ground level) are designated "Protected Trees”. C. Tree Preservation 1. Single Family Residential Development: a. Heritage Trees. A minimum of fifty percent (50%) of the total Heritage Trees in the Heritage Oaks Neighborhood must be preserved. i. Exemptions. Heritage Trees located within proposed right-of-way, utility easements, and drainage right-of- way/easements shall be exempt from the 50% tree save requirement. b. Protected Trees. No Protected Trees in the Heritage Oaks Neighborhood must be preserved, however any preserved shall be credited toward the minimum builder requirement of 15” DBH. D. Tree Mitigation. There are no tree mitigation requirements for Protected and Heritage Class Trees in the Heritage Oaks Neighborhood. Sec. 21.9.10. – Park and Open Space Dedication Requirements Park and Open Space Dedications requirements and fees will not apply to the Heritage Oaks Neighborhood. Open space within the Heritage Oaks Neighborhood is to be owned and maintained by the Homeowners Association (HOA). A trail will be provided along the drainage way from Schertz Parkway to West Dietz Creek as shown on Exhibit “4” (Wiederstein and West Dietz Creek Trail Plan), or as approved by the Parks Department. The trail shall be construction by the Heritage Oaks Neighborhood developer and dedicated to the City of Schertz for public use. Additionally, the developer shall transplant trees from the Neighborhood to the West Dietz Creek linear park and trail area. Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 10 - C. ARTICLE 14 – TRANSPORTATION Sec. 21.14.1. – Streets E. Dead-End Streets and Cul-De-Sacs 2. Cul-de-sac streets shall not exceed 500 feet in length and shall have a turnaround of not less than 120 feet in diameter of ROW in single-family residential areas. This provision may be modified upon approval of the Fire Chief and City Engineer. The length of the cul-de-sac south of Wiederstein Road in excess of 2,225 feet shall be allowed and is attributed to physical barriers, property ownership and adjacent existing subdivisions. A variable width emergency access drive is being provided back to Wiederstein Road given the length of the cul-de-sac. Figure 4: Heritage Oaks Neighborhood Cul-De-Sac Lengths F. Alignment Local streets within the Heritage Oaks Neighborhood will adhere to the minimum curvature allowed by the city, however the collector street running through the tract will provide a minimum radius of 300’. Each street section will utilize reverse curves rather than the required tangent length of 150’. Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 11 - P. Street Improvements 1. The Wiederstein Road street section running through the Heritage Oaks Neighborhood has been designated as a 70’ ROW by the City of Schertz Master Thoroughfare Plan. This collector street section will consist of a 38’ pavement section, curb and gutter, with 5’ sidewalks on each side of the street. The 40’ street section from face of curb to face of curb will consist of (2) 12’ travel lanes, (1) 12’ parking and bike lane, and (1) 4’ bike lane, or as approved by the Parks, Department, Engineering Department, and Planning Division. Figure 5: Proposed Wiederstein Road, a Residential Collector Sec. 21.14.4 - Alleys D. Dead End Alleys. Although alleys are not designed for emergency access, on rare occasions they may be used. Alleys with only one access point will be designed to provide a “60-foot Y” turnaround at the dead end as defined by the International Fire Code, or other alternative accepted by the City of Schertz Fire Department. H. PDD Zoning Districts. Alleys will be provide rear ingress/egress on the south side of Wiederstein Road for certain lots within Blocks 3 & 4 as seen in Exhibit “2” (Conceptual Coving Plan). Alleys shall be allowed on the north side of Wiederstein, if approved by the Engineering and Planning Departments, as part of the master development plan process. The alleys will consist of a twenty foot (20’) asphalt paved section with header curbs bordering both sides. Planned Development District | Heritage Oaks Neighborhood May 5, 2021 - 12 - Sec. 21.14.5 - Driveways D. “T-Turnaround” Driveways Lots that front Wiederstein Road, and are not accessed by alleys, are required to have T-Turnaround Driveways, as shown on Figure 5. The turnarounds will allow cars to enter Wiederstein Road in drive rather than reversing onto the road. Dimensional requirements for proposed “T” turnarounds are provided with Exhibit “3”. Sec. 21.14.6 – Sidewalks and Hike and Bike Trails H. Hike and Bike Trails. A trail will be provided along the drainage way from Schertz Parkway to West Dietz Creek, and continue along West Dietz Creek as shown in Exhibit “4” (Wiederstein and West Dietz Creek Trail Plan), or as approved by the Parks Department. The hike and bike trail shall be constructed by the Heritage Oaks Neighborhood developer and dedicated to the City of Schertz for public use. The trail shall be 10 foot (10’) in width and paved with concrete, or alternative material as approved by the Parks Department. IV. PLANNED DEVELOPMENT DISTRICT (PDD) AMENDMENTS Any significant future changes from the established Dimensional Requirements for the approved PDD, which alter the concept of the PDD or increase the density, will cause the plan to be resubmitted for approval by the Planning & Zoning Commission and the City Council, including a new public hearing with applicable fees. Minor changes which do not change the concept or intent of the development shall be approved or denied administratively. EXHIBITS EXHIBIT 1 METES AND BOUNDS 1718 Dry Creek Way, Suite 110  San Antonio, Texas 78259 Main 210.265.8300  westwoodps.com TBPE Firm No. F-11756  TBPLS Firm No. 10194064 County of Guadalupe Heritage Oaks State of Texas 65.9707 acres Apr. 29, 2021 METES AND BOUNDS DESCRIPTION of a 65.9707 acre tract of land situated in the Toribio Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas and being all of the following lands: 45.7603 acres being Lots 10-18, Block 31, Lots 9-16, Block 32, Lots 1-17, Block 34, all of Blocks 35-38, Lots 2-17, Block 39, all of Block 40, Lots 2-8, and the remaining portions of 9-12 and 14-16, Block 41, and Lots 2-9, and the remaining portions of 10-16, Block 42 and the proposed vacated right-of-ways platted as King Lane, Lyric Lane, Mora Lane, Nile Lane, Odell Lane and that 1,607 foot section of Live Oak Blvd contained herein and as shown by plat of Live Oak Hills Subdivision recorded in Volume 2, Pages 146-147, Guadalupe County Plat Records, AND, 20.210 acres out of the remaining portion of a 23.811 acre tract described by warranty deed recorded in Volume 2142, Page 582, Guadalupe County Official Public Records; In all, said 65.9707 acre tract being more particularly described as follows: BEGINNING at a ½” iron rod found on the southwest line of Schertz Parkway (a 86’ width right of way) recorded in Volume 5, Page 73B, Guadalupe County Plat Records at the common southeast corner of Lot 4, Block 2, as shown by plat of Legacy at Forest Ridge Subdivision recorded in Volume 8, Pages 428, said Plat Records and the north corner of the remaining portion of said Lot 9, Block 41 and the north corner and POINT OF BEGINNING of the herein described tract of land; THENCE, along the southwest line of said Schertz Pkwy, South 29° 53’ 42” East, 297.30 feet to a ½” iron rod set (WESTWOOD), THENCE, departing the southwest line of Schertz Pkwy and circumnavigating Lot 13, Block 41 of said Live Oak Hills, the following courses: South 60° 21’ 20” West, 105.00 feet to a ½” iron rod set (WESTWOOD), South 29° 53’ 42” East, 75.00 feet a ½” iron rod set (WESTWOOD), and North 60° 21’ 20” East, 105.00 feet a ½” iron rod set (WESTWOOD) returning to the southwest line of said Schertz Pkwy; THENCE, South 29° 53’ 42” West, at 223.81 feet pass the north corner of the vacating portion of said Live Oak Blvd., at 283.81 feet pass the east corner of the same, in all, a total of 773.77 feet to a ½” iron rod set (WESTWOOD) at the north corner of the remaining portion of Lot 17, Block 42 of said Live Oak Hills, for the southeast corner of the herein and described tract of land; THENCE, departing southwest line of Schertz Pkwy and across said Live Oak Hills and along the north and west lines of said Lot 17, South 60° 32’ 29” West, 107.04 feet to a ½” iron rod set 1718 Dry Creek Way, Suite 110  San Antonio, Texas 78259 Main 210.265.8300  westwoodps.com TBPE Firm No. F-11756  TBPLS Firm No. 10194064 (WESTWOOD), South 29° 48’ 49” West, 70.00 feet to a ½” iron rod found (CEC) at the north corner of Lot 1, Block 42; THENCE, continuing across said Live Oak Hills, South 60° 08’ 07” West, at 120.02 feet passing a ½” iron rod (CEC), at 180.02 feet pass a ½” iron rod found (CEC), in all, a total distance of 420.27 feet to a ½” iron rod set (WESTWOOD) at the west corner of Lot 1, Block 39 of said Live Oak Hills and South 29° 48’ 49” East, 69.78 feet to a ½” iron rod found (DAM) on the common northwest line of Carolina Crossing Subdivision Unit 8 recorded in Volume 6, Page 219, said Plat Records and the south line of said Live Oak Hills for a corner of the herein described tract of land; THENCE, South 60° 04’ 52” West, 59.91 feet to a ½” iron rod found and South 60° 00’ 52” West, 5.16 feet to a ½” iron rod set (WESTWOOD) at the common northwest corner of said Carolina Crossing Unit 8, the north corner of said 23.811 acre tract and a reentrant corner of the herein described tract of land; THENCE, along the southwest line of said Unit 8, the northeast line of said 23.811 acre tract, South 30° 01’ 02” East, 1,172.99 feet to a ½” iron rod found (CEC) on the northwest line of Carolina Crossing Subdivision Unit 7 recorded in Volume 6, Page 219, said Plat Records at the common south corner of said Carolina Crossing Unit 8 and the southeast corner of said 23.811 acre tract and the herein described tract of land; THENCE, along the common northwest line of said Carolina Crossing Unit 7, the southeast line of said 23.811 acre tract, the following courses: South 60° 01’ 14” West, 232.61 feet to a ½” iron rod set (WESTWOOD), South 59° 56’ 11” West, 464.59 feet to ½” iron rod set (WESTWOOD), and South 58° 45’ 36” West, 53.53 feet to ½” iron rod found (CEC) for the common west corner of said Carolina Crossing Unit 7 and the northeast corner of Unit 1 P.U.D., Kensington Ranch Estates Subdivision recorded in Volume 8, Page 2 Guadalupe County Official Public Records, for a southeast corner of the herein described tract, THENCE, continuing with the southeast line of said 23.811 acre tract and along the common northwest line said Kensington Ranch Estates, South 59° 50’ 40” West, 175.30 feet to ½” iron rod set (WESTWOOD) at the east corner of 1.192 acre tract conveyed unto the City of Schertz by warranty deed recorded in Volume 2742, Page 269, said Official Public Records, for the south corner of the herein described tract of land; THENCE, along the northeast line said 1.192 acre tract, and across the 23.811 acre tract, North 73° 37’ 50” West, 207.43 feet to a ½” iron rod found at the beginning of a non-tangent curve to the right; THENCE, along the arc of said curve with an arc length of 159.85 feet, a radius 275.52 feet, a delta of 33° 14’ 33”, and a chord bearing and distance of South 57° 00’ 34” East, 157.62 feet to a ½” iron rod set at common north corner of said 1.192 acre tract and an east corner of those City of Schertz tracts recorded in Volume 2708, Page 726, said Official Public Records, for a west corner of the herein described tract of land; THENCE, North 22° 29’ 23” West, 385.88 feet to ½” iron rod set (WESTWOOD) at the south corner of a 9.167 acre tract conveyed unto Guadalupe Valley Electric Cooperative recorded in 1718 Dry Creek Way, Suite 110  San Antonio, Texas 78259 Main 210.265.8300  westwoodps.com TBPE Firm No. F-11756  TBPLS Firm No. 10194064 Volume 1145, Page 543, said Official Public Records, for a west corner of the herein described tract of land; THENCE, along the common lines of said 9.167 acre tract and said 23.811 acre tract, North 59° 51’ 25” East, 795.12 feet to a ½” iron rod set (WESTWOOD), and North 30° 04’ 31” West, 500.00 feet to a ½” iron rod found on the southeast line of said Live Oak Hills coincident with the common northeast corner of said 9.167 acre tract for a reentrant corner of the herein described tract of land; THENCE, along the northwest line of said 9.167 acre tract, South 60° 00’ 52” West, 299.69 feet to a ½” iron rod found (CEC), at the east corner of Lot 18, Block 34 of said Live Oak Hills; THENCE, circumnavigating said Lot 18, of same Block, the following courses: North 29° 49’ 32” West, 71.80 feet to a ½” iron rod set (WESTWOOD), South 59° 57’ 05” West, 120.00 feet to a ½” iron rod set (WESTWOOD), and South 30° 14’ 08” East, 72.11 feet to a ½” iron rod set (WESTWOOD) returning to the northwest line of said 9.167 acre tract for a corner of the herein described tract of land; THENCE, South 59° 45’ 52” West, 300.51 feet to a ½” iron rod set (WESTWOOD) on the east line of said City of Schertz tract for a west corner of the herein described tract of land; THENCE, across said Block 31, North 29° 50’ 00” West, 633.07 feet passing a ½” iron rod found, in all, for a total distance of 1284.52 feet to a ½” iron rod set (WESTWOOD) on the southeast line of Lot 1, Block 1, Chelsea Mixed-Use Subdivision recorded in Volume 7, Pages 530-531, said Plat Records for the west corner of the herein described tract of land; THENCE, North 59º 58’ 25” East, at 961.45 feet pass a ½” iron rod at the southwest corner of Lot 6, Block 2, Legacy at Forest Ridge recorded in Volume 8, Page 428, said Plat Records, in all, a total of 1,606.37 feet to the POINT OF BEGINNING. Containing in all, 2,873,682 square feet, or 65.9707 acres of land, more or less. The above description and area specifically excludes Lot 1, Block 41, said Live Oak Hills Subdivision, said Lot 1 being more particularly described as follows: COMMENCING at a ½” iron rod found on the southwest line of said Schertz Parkway at the common southeast corner of said Lot 4, Block 2, Legacy at Forest Ridge Subdivision, and the north corner of said remaining portion of said Lot 9, Block 41; THENCE, along the southwest line of said Schertz Pkwy, South 29° 53’ 42” East, at 297.30 feet passing the north corner of said Lot 13, Block 41, at 372.30 feet the east corner of the same, and continuing in all a total distance of 596.11 feet to the intersection of the southwest line of Schertz Pkwy and the northwest line of said Live Oak Blvd.; THENCE, along the northwest line of said Live Oak Blvd., South 60° 08’ 45” West, 105.00 feet to the east corner and POINT OF BEGINNING of the herein described tract of land; THENCE, continuing along the northwest line of said Live Oak Blvd., South 60° 08’ 45” West, 120.00 feet to the intersection of the northwest line of said Live Oak Blvd. and the northeast 1718 Dry Creek Way, Suite 110  San Antonio, Texas 78259 Main 210.265.8300  westwoodps.com TBPE Firm No. F-11756  TBPLS Firm No. 10194064 line of Odell Lane, a 60-foot right-of-way, proposed to be vacated, as shown by plat of said Live Oak Hills Subdivision; THENCE, along the northeast line of said Odell Lane, North 29° 53’ 42” West, 75.00 feet to the west corner of the herein described tract of land; THENCE, departing the right-of-way of said Odell Lane, North 60° 08’ 45” East, 120.00 feet to the north corner of the herein described tract of land; THENCE, South 29° 53’ 42” East, 75.00 feet to the POINT OF BEGINNING. Containing in all, 9,005 square feet, or 0.2067 acres of land, more or less. Bearings are based on Texas State Plane coordinates for the South Central Zone, 4204 (NAD83, 2011 adjustment). This metes and bounds description of a 65.9707 acre tract is for zoning and planning purposes only. This document of project number, 24313.00 and date, May 8, 2020, was prepared by Westwood Professional Services and shall not be used for conveyance nor construction purposes. – REVISED APRIL 29, 2021 due to updated title information excluding Lot 1, Block 39 from Subject Parcel. EXHIBIT 2 CONCEPTUAL COVING PLAN 7 7. 5 4' 8 1 .2 2'S 64°00'00" E 127.26' 9 2 .5 7' 7 2. 9 8' 4 6 . 4 9'N 6 3 °0 0'0 0 " E 9 3 .3 6' 9 2.9 1' S 4 6°0 0'00" E 9 5.46' S 88°00'00" W 130.75' 50.00' S 6 8 °00'0 0" W 93 .1 5' 50.00' 5 4 . 7 6' 50.00' 81.71' 1 5 .8 3' 17.30' S 5 3 °0 0'0 0 " W 8 6 .1 4' 5 0 .00' 1 5.7 9' 7 4 .0 9' N 45 ° 0 0'00 " E 93.0 8 ' 6 7.14' 5 9.5 4' 6 2.34' 3 0 .8 2' 9 0 .6 6'S 2 7 ° 0 0 '0 0 " E 9 1 . 7 9' 4 5 . 4 2' S 86°00'00" W 44.34' N 86°00'00" W 61.04' S 6 0 °0 0 '0 0 " W 8 9 .7 0' 50.0 1' N 78°00'00" W66.41' 6 8 . 6 5' 4 1. 3 9' 54 .8 8' 4 8 .4 9' 2 6.5 0' 50 .0 0' 5.45' 22.7 2 ' S 84°00'00" E136.22' S 63°00'00" E 130.62' 4 9.0 2'S 3 4 ° 0 0' 0 0 " E 8 7. 4 9' S 5 5 °0 0'0 0 " W 1 0 2 .2 1' 6 2.3 5' N 3 1 ° 0 0' 0 0 " W 9 1 .0 1' 5 3.6 7' N 6 1 °0 0'0 0 " E 1 2 5 .0 6' 2 2. 2 6' 2 6 .3 1' 6 8.4 0' 5 6 . 4 3' 93.14' 2 0. 3 9' 5 0.0 0' 5 9.1 8' 3 5 . 7 0' 23.99' 23.31' N 41°00'00" E 11 4.07' S 2 5°3 9'0 2 " E 8 6 .3 4' N 2 8 ° 0 0'0 0 " W 8 9 .1 0' 54.89' 3 5. 3 9' 9 6.0 9' 2 3 . 3 6' 3 8.7 8' 6 4 .7 1' S 2 2 ° 0 0'0 0" E 10 1. 4 8 ' 1 3 2. 8 1' N 42°00'00" E 31.7 1' 37.09' 27.26' N 3°00'00" W 38.33' 3 6 . 0 8' S 83°00'00" E172.06' N 3 8 ° 0 0'0 0 " W 1 3 7 . 0 6' 33.03' 2 7.7 8' 5 0.05' 75.77' S 56°00'00" E 57.99' 5 0.4 9' S 2 2 ° 00'0 0" E 11 0 . 8 3' 6 6.2 1' N 11°00'00" W 129.01' S 86°00'00" E30.07' 1 0 1 . 8 4 ' 32.08 ' 3 8 .0 9 ' S 4 1 ° 0 0'0 0 " E 1 0 2.5 1' S 4 6 °0 0'0 0" W 3 9.8 3' S 83°00'00" E138.64' N 3 7 ° 0 0'0 0 " W 1 3 6.2 8 ' 2.7 7' 35.50' N 17°00'00" E 136.84' S 13°00' 00" E 123.52' 82.82' 44 . 8 2' 7 3.64' 37.45'84.66'S 10°00'00" W 30.91' 4 4.4 7' 3 5.6 4' N 44°0 0'0 0" E 12 9.0 3' 1 0 3. 8 9' 5 0 .9 3'S 4 1 ° 0 0'0 0 " E 9 2.8 1' 7 6.5 7' S 3 8 ° 0 0'0 0 " E N 6 6 °0 0'0 0 " E 1 3 3.4 4 ' 50.00' 6 5.1 0' S 7 4 °00 '0 0" W 5 5.3 6' 103.66' N 1°00'00" E N 87°00'00" E 57.75' 36.68' 1 1 5 . 4 1' 29.96'12.46' 4 3.0 8' 50.0 0' S 82°00'00" W 116.32' 58.9 9' 5 4 . 9 9' N 5 1 °0 0'0 0 " E 9 3.8 6' 50.00' 20.00' S 5°00'00" W 107.26' 8 4.2 7'S 2 0 °0 0'0 0 " E 96 . 09' 12.00' S 5 9 °0 0 '0 0 " W 1 0 0 .9 8' 59.94' 41.34' 14.29' N 73°00'00" W174.68' 50.00' 8 0 .3 1'1 1 8 .0 8' 6.08' 68.38' 43.39' 4 4. 3 5' 50.00' 62.34' 21.62' 41.51' 60.00' 50.84'61.82' 50.1 6' 4 5 .5 6 ' 107.58' S 33°00'00" W 130.00' 67.01' S 5°00'00" W 102.33' 4.39'S 65°13'26" E92.92' 38.07' 3 3.9 3' 50.00' 16.97' 5 5.41' 48.58' 45.45'50.00' 2 3.9 7' 45.42' S 35°00'00" W 94.72' 50.00' 3 6.36' N 5 0 °0 0'0 0" E 1 4 5.9 3' 10 7 .13 ' 32.9 1' 38.97' 54.89' N 5 7 °0 0'0 0 " E 1 2 8 .4 6' S 4°00'00" E 100.17' 27.62' 3 9.8 1' 5 0.0 0' 1 4 2.7 7' S 14°08'20" W 166.79' 72.34' 1 1 5 .4 5' 40.41' 26.92' 50.00' N 76°00'00" E 100.7 1' S 25°00'00" W 96.52' 1.30' 118.83' S 25°00'00" W 90.64' 50.00' 60.00' N 35°00'00" E 97.91' S 36°55'59" W 53.76' 21.91' 54.74' 8 2 .7 4' N 84°00'00" E 98.46' 3.64' 40.41' 43.85' 6 2 .9 7 ' S 65°00'00" E108.28' 69 .9 6' 4 5 . 5 4 ' S 4 6°0 0'0 0" W 9 6.1 9' 5 9 .3 9' S 22°00'00" W 90.55' 50.98' 52.55' 77.35' N 1°00'00" W 115.51' 60.00' N 35°00'00" E 95.12' 2 9 . 0 8 ' 27.00' S 65°00'00" E61.81' 4 . 9 8' 208.04'S 77°15'20" E 81.54'N 84°00'00" W 23.52' N 3 1 ° 0 0' 0 0 " W 9 0 . 7 9' 6 6.9 8' 5 0 .0 0' N 2 9 ° 0 0 '0 0 " W 61.86' 13.09' 81.25' S 6°00'00" W 2 1. 6 9' 84.44' S 12°00'00" W 89.28' 10.61' S 17°00'00" W 133.91' 24.84'S 69°00'00" E 7 2 . 1 1' S 3 0 ° 1 4'0 8 " E 39.87' 37.28' 2 8 . 3 1' N 9°00'00" E 119.72' 18.33' 5 0.0 0' 9 9.8 7' 24.54' 80.10' N 20°00'00" E 108.32' 20.16' 77.34' 1 1 1.9 3' 8 9. 3 6' 50.00' 10.12' 4 9 . 6 4' 50 . 75' S 15°00'00 " E S 76°30'00" E93.62' N 5°00'00" E 97.89' 100.89' S 6 1 °0 0'0 0 " W 9 0 .6 4 ' 5 0 .0 0' 4 5 .6 6' 50.00' 8 4 . 6 2' N 79°00 '00" E 96.20' N 5°03'11" W 43.47' 19.41' 35.5 9' 3 2 .2 5'20.02' 3 1 .5 5 ' 9 1 . 2 6' S 3 0 ° 0 0'0 0 " E 1 8 .8 4' S 82°00'00" E64.68' N 19°00'00" E 101.33' S 6 1 °0 0'0 0 " W 9 0.6 4' 50.0 0' N 2 5 ° 0 0'0 0 " W 12 2 . 8 6' S 18 ° 25 '3 5 " E 62. 7 5' 5 0.28' 1 6. 9 6' 1 8.4 2' N 90°00'00" E 37.74' 33.23' S 6 1 °0 0'0 0 " W 9 0.6 4' N 3°00'00" E 97.75' 9 7. 5 0' 73.22' N 10°00'00" E 117.58' 50.00' 15.64' 15.00' 5 0 .0 0' 31.92' 9. 4 8' 5 0 .0 0' 7 4.3 4' S 6 2 °0 0'0 0 " W 9 0.6 5' 5 1.2 2' 4 6.3 3' 3 6.6 4' 7 3.4 4' 1 9 5 .0 7' 2 2.9 1 ' 3 2 .8 4' 27.61' N 45°0 0'00" W99.19 ' N 9°00'00" E 107.44' 6 4 . 5 8' 1 0 5 .1 1' 50.00' 8 1 .8 7' N 3 0 ° 0 0' 0 0 " W 9 1. 2 8' 50.0 0' 5 3 .2 2' S 2 8 ° 0 0'0 0 " E 9 3 .1 1 ' 25.53' S 6 3 °0 0'0 0 " W 1 2 2 .9 2' 60.00' 52.88' 38. 5 8 ' 73.22' N 0 ° 0 0 ' 0 0 " E 116 . 4 9 ' N 83°00'00" E 140.69' 4 5 .5 4 ' 79.44' 78.37' 118.55' N 90°00'00" W 6 0 . 0 0 ' S 3 2 ° 0 0'0 0 " E N 5 8 °0 0'0 0 " E 1 0 5 .0 1' 50.00' S 4 2 ° 0 0'0 0" E 1 0 1.5 3' N 2 7 ° 0 0'0 0 " W 9 7 .7 2' 4 9 .6 0 ' 2 8. 5 5' 5 1.2 2' 2 7 .9 2' N 81°00'00" W55.55' S 2 0°0 0'00 " E 11 6.7 8' S 79°00'00" W 118.08' 60.00' 62.07' 50.00' 58.12' 8 9 . 7 3 ' N 5 8 °0 0'0 0" E 1 0 0.0 1' 8 8 .0 6'S 4 2°0 8'2 6 " E 1 0 9.5 1' 55.40' 2 7.7 9 ' N 5 7 °0 0'0 0 " E 1 2 4.9 0' 60.00' S 5°00'00" E 106.56' 21.88' 34.76' 39.93' N 45°0 0'00" W129 .14' 79.7 0' 4 9 .5 8' S 3 0 ° 0 0'0 0 " E 9 4 .0 1 ' 60.0 0' 2 5.5 6' N 2 9 ° 0 0' 0 0 " W 9 4. 0 0' 5 1.2 2' 5 0 .00' N 6 2 °0 0'0 0 " E 1 2 5 .6 3' 57.00' 91.37'S 74°00'00" E 46.56' 35.35' 2 2 . 6 4' 87.30' 1 6. 74 ' S 3 8 ° 0 0'0 0 " E 1 6 2.8 1' 30.67' 50.00' 48.26 ' 51 . 40' 2 3 .8 7' 4.86' N 39°00'00" E 1 02.29' 50.0 1'N 83°00'00" E 131.72' 6 0. 0 0' 2 8 .2 5' 60.00' S 18 °00 '0 0 " E 102 . 83 ' 4 9.5 9' 2 8 .3 9' 5 1.2 2' 2 7.5 2' N 58°00'00" W 98.83' 5 .0 0' 6 0. 0 0' 2 0 .8 4' 9 7.6 5' S 4 2°0 8'2 6 " E 2 7. 0 4' 4 1 . 0 5' 7 3.22' N 75°00'00" W97.48' 7 3.22' N 3 0 ° 0 0'0 0 " W 1 2 1. 8 0' 7 3.2 3' 6 0 . 8 4 ' N 3 1 ° 0 0'0 0 " W 9 3 . 1 7 ' 6 0. 0 0' 31.75' 5 9 .6 9 ' 1 3.5 4'44.8 7' 6 0 .00' S 2 6° 2 2'2 0 " E 12 9. 4 1' 3 6. 3 0' N 66°00'00" W160.21' 3 2.7 8' 3 7. 4 7' N 74°00'00" W97.33' S 2 7 ° 0 0 '0 0 " E 9 7 .2 2' 1 7.2 2 ' S 6 3 °0 0'0 0 " W S 65°00'00" E107.84' 60.00' N 41°00'00" E 9 8.68' 50.0 0' N 2 5 ° 0 0' 0 0 " W 9 2 . 6 6' 6 8 .8 5'S 3 1 ° 0 0'0 0 " E 9 3. 0 4' 5 4.68' 1 0 1.8 5' S 84°00'00" E93.34' 2 8.9 7' 5 0.0 0' N 15° 0 0' 00" W 15 7.50 ' 2 2.4 6' N 2 8 ° 0 0 '0 0 " W 9 6 . 4 8' 1 0 .2 1' N 90°00'00" E 90.77' 7 6.6 4' N 4 0 °0 0'0 0" W 1 2 7 .7 5' 122.41'N 74°35'59" W 61.82' S 3°00'00" W 92.00' S 5 1 °0 0'0 0" W 1 2 1.0 4' 5 6.1 7' 4 3.8 9' 41.40' 1 7 .7 4' 16.54'45.88' N 80°00'00" E 2 5.5 2 ' N 13°00'00" E 139.30' 2 9.8 0' 8 8.88' 30.7 5' 60.0 0' 2 8 . 5 3' 15.5 1' 5 0.00' 51.75' 5 4 .8 4' 4 1 .2 4' 50.0 0' 1 0 2 .2 3' S 1°00'00" W 118.88' 2 4 .5 8' 2 8 . 8 2' 6 6.0 3' N 50°0 0'0 0" W 124.13' 73.22' 80.10' 2 6.8 6' 3 2 . 8 2' N 2 7 ° 0 0' 0 0 " W 95.80' S 13°00 '00" E 7 1.6 2' 6 1.82' 5 0.4 8' 6 1.8 2' N 6 0 °0 0'0 0 " E 9 3.0 3' 61.54' 31.64' 7.84' N 2 8 ° 0 0'0 0 " W 9 2 .3 4' 5 0.00' 36.03' 3 . 7 9 ' 50.00' 49.74' N 5°00'00" W 53.84' N 75°00'00" W97.32' 83 . 7 6 ' 50.59' 60 . 5 8 ' 54.42' S 4 4°30'0 0" W 9 0.96' S 4 2°0 8'2 6" E 8 4.9 0' 5 8 .1 7' 77.53' 6.59' 51.23' 61.82' 45.40' 2 8 . 0 5' 106.66'N 73°00'00" W 9 2.7 2' S 4°00'00" E 104.88' 9 3.6 4' S 11°00'00" W 178.54' 77.3 4' 64.82' 80.71' 50.00' N 4 0 °0 0'0 0" W 9 2.1 2'9 4 .2 5' N 6 0 °0 0'0 0 " E N 60°00'00" W 97.42' 60.00' N 19°00'00" E 91.64' 5 2.7 0' 50.00' 50.0 0' N 31°00'00" E 139.83' S 42°00'00" W 15 1.37' 43.05' N 4 4° 0 0'0 0" W 1 0 2.8 7' 5.83' 2 9.6 2' 7 6.0 2' 40.36' 9 0 .9 5'N 41°00'00" E 13 5.96' N 11°00'00" E 70.09' 3 9.8 5' 38.93' N 54°00'00" W 91.57' 60.00' 5 0.0 0' S 4 2°0 8'2 6 " E N 4 8°0 0'0 0" E 9 1.8 0' 14.57' 3 4 .7 6' S 83°00'00" W 111.43' 75.66' 3 9.1 6' 65.00' 57.62' 60.67' 50.00' N 25°00'00" E 138.10' 54.32' S 5 3 °2 6'2 8 " W 9 0 .2 6' N 3 4 ° 0 0'0 0" W 9 8. 6 0' S 6 3 °0 0'0 0 " W 1 5 1 .1 5 ' 23.75' N 18°00'00" E 50.59' 4 6. 2 2' 25.33' 6 6.0 7' N 4 8°0 0'0 0" E 9 1.2 7' 66.36' 22.2 0' 1 1 0 . 6 9' N 78°00'00" W108.10' S 4°23'24" E 54.66' 1 0 5 .7 2' 6.44' 50. 00' 54.47' 2 7.8 2' 94.25' 47.3 6' 65.00' N 4 5°0 0'0 0" E 9 6.0 5' 20.10' 7 1. 7 9' 3 3.2 7' 108.29' 3 7. 5 0' 1 6.2 6' 2 0.1 7' 4 2.2 1' 42.16' N 38°00'00" E 92.52' 1 0 0.3 2' N 4 4° 0 0'0 0" W 1 0 2.3 7' 3 5.7 6' 6 .2 5' 80.8 1' 61.16' 4 6 .7 7' 25.04' 70.20' 3 7. 5 0' 1 9.8 9' S 5 1°0 0'0 0" W 1 1 5.7 2' 9 9 . 0 7' 7 .0 3' N 6 5 °0 0'0 0 " E 9 3 .6 8' 5 0 .0 0'N 6 0 °0 0'0 0 " E 9 1.9 0' 2 0.5 1' S 4 1 ° 1 2'0 7 " E 50.00' 3 2.1 6' 50.00' 2.6 1' 1 2 1. 2 3'1 2 4.37' N 4 4°00'0 0" E 5 2 .5 2' 8 7.9 0' 4 5 .1 0' 6. 5 0' 4 4. 6 8' N 5 2 °0 0'0 0 " E 1 0 7.6 1' N 43°00'0 0" E 1 21.4 2' 5 1. 6 3' S 7 3 °00 '0 0" W 9 7 .17' 68.88' S 6 1 °0 0'0 0 " W 1 3 4.6 0' 9 5. 6 7 ' 50. 0 0' 1 2 5 .6 8' N 6 4 °0 0 '0 0 " E 9 5 .0 0' 8 7. 4 6' S 32°00'00" W 89.45' 53.27' 50.00' 5 1.9 8' 3 2 .8 1' 50 .00' 5 1 .6 9' S 2 9 ° 5 3 '3 2 " E N 5 8 °0 0'0 0 " E 9 2 .8 8' 5 1.3 4' 2 1.0 3' S 6 0 °0 0'0 0 " W 9 1 .9 7' 50.0 0' 2 8.2 2' N 14°00'00" E 120.07' 2 5.5 5' 50.0 0' N 6 0 °0 0'0 0 " E 8 7.3 1' N 69°00'00" W84.71' N 54°00'00" W 133.63' 2 2.4 2' 5 3 .4 9' 9 5 .0 0' 50.0 0' 2 0 .4 6' N 68°00'00" W135.57'N 6 2 °0 0'0 0 " E 1 0 5 .2 6' N 3 5 ° 0 0'0 0 " W 8 3. 3 1 ' 69.89' 50.00' 76.13' S 4°33'48" W 59.33' 53.05'N 6 2 °0 0'0 0 " E 1 0 2 .4 1' 9 3.3 2' N 85°00'00" W 98.52' 18.08' 2 2 .5 0' 53. 66' 34.97' N 8°28'53" W 21.63' N 6 2 °0 0'0 0 " E 1 1 2.1 7' 3 . 02 '24 .00' 4 8 .4 6' 5 3. 3 8' S 3 7 ° 0 0'0 0 " E N 5 5 °0 0'0 0 " E 9 7.7 6' S 5 9 °0 0 '0 0 " W 9 1.8 7' 5 0.0 0' 3 9.8 3' 4 2. 2 4'S 86°00'00" E 25.19' 75.48' 4 0.6 9' N 3 1 ° 0 0'0 0 " W 7 9 . 4 3' 2 6 .6 6' 2 4 .6 5' 56.1 0' 6 1.2 2' S 6 0 °0 0'0 0 " W 8 7 .3 0 ' 6 2 .3 6' 2 2.4 8' 60.67' 5 0.0 0' 2 7.5 9' N 0 ° 0 0 ' 0 0 " E 130 . 2 0 ' 31.66' 23 . 16' 1 5 .6 9' N 6 2 °0 0'0 0 " E 9 9 .7 9' S 6°00'00" E 102.26' 5 0.0 0' 66.00' 66.00' 4 6. 3 5' 9 3 .4 3 ' 5 3.6 6' N 6 2 °0 0'0 0 " E 1 0 3 .2 2' N 6 0 °0 0'0 0 " E 1 1 1 .5 0' S 6 1 °5 8'3 2 " W 1 0 2 .1 7' 6 2.4 7' 8 1 .5 6' 5 0. 0 0' 9 3. 6 5' S 5 7 °0 0'0 0 " W 9 4 .8 0' 5 0.0 0' 4 3. 0 5' 2 7 .7 1' 5 3.6 6' 13.11' 26.10' N 6 1 °0 0'0 0 " E 9 7.2 9' 3 1.3 1' 5 0.0 0' S 6 2 °0 0'0 0 " W 9 3.0 8 ' 50.1 0' 2 6.3 6' 3 0 .0 2' S 6 0 °0 0 '0 0 " W 8 7 .3 3' 5 0. 0 0' S 2 0° 00 '00 " E 10 5 .8 0' 1 9.7 5' 13.88' S 2 8 ° 4 9' 3 5 " E 9 2 . 1 8 ' 2 0.5 8' 5 0.0 0' 3 6 .5 5' 3 3.7 1' 2 2.4 3' 5 0.0 0' 2 6.3 9' 5 0.0 0' N 5 6 °0 0'0 0 " E 1 0 4 .1 8' 5 0.0 0' 2 0.2 1 ' 7 .9 7 ' 5 0.0 0' 3 9 .5 7' 38.85' 5 0.0 0' 3 1 .2 6' S 6 7 °0 0'0 0 " W 9 7 .2 9' 6 4 . 7 2' 7.25' 5 4 .9 2' S 5 3 °0 0'0 0 " W 9 5 .9 5' 5 0.0 0' 5 0.0 0' 2 6 .2 6 ' 2 3 .0 6' 62.16' 50.0 0' 1 0.2 0' 5 0 .00' 2 9 .8 0 ' 50.0 0' 8 9.6 9' 4 7 .4 6' 1 9 .9 4' 3 8.5 6' 3 1.1 2' 5 1 .4 0'N 6 0 °0 0'0 0 " E 1 1 1 .1 3' 3 5 .2 4' 5 9.89' 2 7 .4 9' 5 0.0 0'7 6.3 5' S 5 9 °0 0'0 0 " W 1 0 4 .9 6' 4 8. 2 0' 1 8. 3 3' 2 6.1 8' 5 0 .0 0' S 6 0 °0 0'0 0 " W 1 1 1 .4 1' 5 0. 0 0' 2 8 .2 0 ' 5 0.0 0' 2 1 .6 7' N 2 9 ° 0 0' 0 0 " W 9 1. 1 7' 5 0 .2 9 ' 5 3 .6 0'N 6 0 °0 0'0 0 " E 1 1 1 .0 4' 4 8 .2 2' 1 8.3 3' 3 6.3 8' 5 0.0 0' N 6 0 °0 0'0 0 " E 8 8 .6 1 ' 1 8 .2 7' S 6 0 °0 0'0 0 " W 1 1 1.3 2' 5 0. 0 0' 111.43' S 88°00'00" W 4 2 .5 9' 5 0.0 0' S 5 6 °0 0'0 0 " W 1 0 0.7 0' 5 0 . 1 2' 1 8 .3 3' 50.00' S 4 2 ° 0 0'0 0" E 9 3.7 6' 3 7 .3 3' 2 0.0 0' 5 0.0 0' N 3 0 ° 0 0' 0 0 " W 9 1. 0 2' 5 1.5 9' S 5 9 °5 1 '0 0 " W S 6 0 °0 0'0 0 " W 1 1 1 .2 3' 5 0. 0 0' 1 0 .3 7' 4 3.7 6' 5 0.0 0' 8 5.7 2' 54.79' S 4 8°0 0'0 0 " W 9 0.5 7' 4 9 .2 1' 89.27' 2 8 .8 8 ' 2 0 .0 0 ' 5 0 .0 0' 64.90' 5 1 .4 0' 5 0.0 0' N 6 0 °0 0'0 0 " E 1 1 0 .7 6' 45.22' 50.00' 5 0.0 0' N 6 2 °0 0'0 0 " E 8 8.7 1' 6 8 .8 3' 5 3 .6 0' 6 9 .4 9' S 72°00'00" E96.04' 7 6.7 8' 4 9.0 3' 6 0. 0 0' S 6 0 °0 0'0 0 " W 8 8 .1 9' 5 0 . 0 0' S 6 0 °0 0'0 0 " W 1 1 0 .9 4' 5 0. 0 0' 2 3 .8 0' 2 8 .8 1 ' 9 .9 4' 5 0.00' N 6 4 °0 0'0 0 " E 9 4 .8 5' S 6 0 °0 0 '0 0 " W 8 8 .4 6' 5 0 . 0 0 ' S 6 0 °0 0'0 0 " W 1 1 0 .8 5' 5 0. 0 0' 1 9 .8 3' N 52°00'00" W 93.06' 38.80' 9 8.3 6' N 6 4 °0 0'0 0 " E 5 0. 0 0' 5 3 . 1 0' 9 7.0 4' 5 2. 3 4' S 6 4 °0 0'0 0 " W 9 0 .6 4' 5 3 . 2 0' 82.90' S 36°03'31" W 6 0 .1 5' 5 0 .1 2' R =1,3 5 0 .0 0'8 6.8 8' Δ =3°4 1'1 4 " 49.15' 35. 4 7 ' 35.47' 48 . 9 9 ' 25.82' 8 0.0 2' 26.93 ' 4 2 .7 7 ' 45.40' 2 9.1 9 ' 106. 9 6' Δ =3 °1 9'2 8 " R =1,3 50 .00'78.3 3' 84.47' 94.73' 4 3. 6 7' 8 2 .5 6' 60.89' 77.15' 3 7.3 2' 5 1.75 ' 1 6 .5 1' 90.49' 6 9 . 2 8' 3 3.86' 5 4 .9 7' 3 8.8 3' 81.76' 3 3.8 3'29.56' Δ = 1 6 ° 4 3'0 7 " R = 4 0 0.0 0' 1 1 6. 7 2' 1.8 9 ' 7 0. 9 4 '7 0.8 5' 4 8 .0 4' 28.19' 9 3 .3 7' 8 3.9 5' 7.58' 5 3.08' 1 1 0.9 1' 52.91' 88.72' 24.90' 53.71' 85.75' 95.52' 91.20' 67.17' 88.49' 25.3 0 ' 1 0 2.5 7' 85.63' 95.06' 56.65' 60.67' 39 .9 8' 3 4.7 7' 78.82 ' 25.65' 28.97' 9.84' 56.73' 3 9.49' 56.99' 42.79' 7 0.8 4' 13.95' 8 0. 6 8' 5 . 8 3' 4 2.1 6' 76.48' 24.00' 27.62' 34.71' 44.53' 65.17' Δ =1 9 3 °51'2 7 " R =2 29.0 0'7 7 4.8 1' R=190.00'322.13'Δ=97°08'24" 6 0.7 2' 4 1.13' 26.54' 137.11' 3 1.39' 3 5 . 5 1 ' 1 5 . 2 0' 39.64' 3 1. 4 2' 4 6 .1 3' 11 4.64' 45.60' Δ=49°03'09" R=200.00' 171.23' 1 7 .4 7' 2 5.6 5' 52.35' 100.68' R=300.00'406.53'Δ=77°38'31" Δ=1 3 3 °48 '3 3" R=4 0 0 .0 0'9 3 4 .1 6' 3.91' 182.17' 60.09' 35.97' 24.15' 48.95' 3 0 .5 5' 25.98' 90.32' 87.76' 6 0.96 ' 45.35' 19.83' 45.82' 116.96' 77.02' 102.30' 11.92' 48.25' 62.62' 77.22' Δ=37°57'02" R=150.00'99.35' 39.00' 36.43' 79.28' 17.91' 53.03' 81.86' 53.53' 3 3.96 ' 64.56' 85.97' Δ=16°58'02"R=230.00'68.11' R=310.00'327.64' Δ=60°33'19" 53.44' 51.17'5.52' 78.18' 2 9.2 1' 3 2.93' 3 2.1 9' 79.37' 3 7.65' 101.31' 45.86' 4 9.1 0' 2 9.3 8' 3 0.37' 52.92' 52.31' 35.01' R=195.00 ' 287.21' Δ=84°23'17" 53 . 52' 35.05' 24.09' 3 .0 7' 21.68' 2 8 .4 0' 4 3 . 0 7 ' 4.9 2' 21.57' 86.37' 83.7 4' 44.37' 8. 6 3' 97.10' 4 2.65 ' 47.08' 9 4.11' 33. 82' 93.16' 7 5 .9 7' 85.04' 100.81' 6 .5 7' 51.3 9' 52 .2 7' 89.99' 47.82' 4 1 . 0 8' 57.84' 36.7 4' 36.37' 84.18 ' 26 .41' 18.58' 50 . 0 8' 5 2.1 5' 78.39' 94.75' 5 1.4 1' 3 6. 6 9' 42.36' 48.7 4 ' 7 9 .8 3' R=130.0 0' 1 0 1.9 2' Δ= 44 °5 5' 1 6 " 84.98' 2 2.3 8' 7 0. 9 5 ' 4 9 .25'2 .78' 82.07' 52 .53' 51.17' 80.67' 6 7 .99' 3 .25' 5.26' 6 0. 6 9' 5.01' 4 6.5 9' 0.3 5'58.59' 48.24' 8 7 .14' 7 8.9 8' 7 9.1 2' 2 6 .9 4' 41.78' 57.37' 59.00' 58.80' 58 . 51' 11.98' 2.37' 5 3 .1 8' 1 8 .93' 2 9 .2 9' R =250.00' 226. 27' Δ =51°51'26" 7 8.58' 92.95' 3 0 . 0 2' 29.09' 28.23' 83.03' 55.7 9' 86.09' 31.08' 8 2.3 4' 95.86' 4 5.8 0' 88.67' 41.27' 28.41' 70.5 6' 5 0 .6 6' Δ=16°15'0 4 " R=2 0 0.00'56.7 3' R=13 0.0 0' 76.55' Δ =33°44'23" 33.14' 60.90' 85.34' 86.95' 3 4.7 3' 43.36' 97.07' 1 0. 4 6 ' 5 6 .9 4' 70.79' 26 . 01' 55.04' 57.78' 32.97' 25.06' 17.20' 51.33' 76. 9 4' 49.87' 1 0 2 .0 0' 54.88' 8 4.2 6' 57.94' 29.93' 1 1 8 .2 3' 53.92' 3 3.7 4' 63. 61' 19.51' 55.2 6' 104.17' 4.94' 40.00 ' Δ=2 06 °26'0 0" R =2 2 6 .00'814.27' R= 20 0 .00' 1 4 1.9 7' Δ = 4 0 ° 4 0'1 3 " 38.48' 102.61' 3 6.9 3' 19.2 0' 59.69' 138.00' 2.68 ' 93.29' 69.73' 8 2.3 7' 1 34 . 4 4 ' 98.18' 5.24' 1 1.0 8' 15.21'24.82' 51.46' 128.59' 28.60' Δ =1 3 1 °45'14 " R =2 2 0 .00'505 .90' R =1 82.0 0' 51 9.2 3' Δ =1 6 3 °2 7'39" 7 5.8 0' 52.15' 70.65' 119.09' 8 2. 7 2' 45.62' 6. 65' 6 6 .4 1' 104.08' 5 1.5 2' 4 4. 4 9 ' Δ=62° 55'5 2" R=170.00 ' 1 8 6 .7 2' R = 6 0 0 . 0 0' 2 5 9. 5 2' Δ = 2 4° 46' 5 6 " 8 3 .9 8 ' 9 .1 7' Δ =3 5°1 7'4 7" R =3 40.0 0'20 9.45' R=100.00' 123.27' Δ=70°37'36" 5 6.79' 5 0 .0 5' 5 0 .1 6' 24.04' 19 . 23 ' 3 1. 89' 5 8 .4 7 ' 4 9 . 6 6' 26.59' 7 . 0 8' 35.06' 5 5 . 1 4' 10.06' 4 9 .7 9' 29.45' 82.0 4' 75.1 0' 32.67' 4 3 .7 4' Δ=63° 10'44" R=430.00' 474.15' 5 5 . 0 8 ' 9 7 . 2 7' 9.9 3' 51.7 3' 5 0. 2 6 ' 4 8. 1 2' 6 9. 3 6' 5 0 . 29' 3 9.8 6' 5 0 .0 6' 5 0. 0 2' Δ = 2 3 ° 2 9'0 3 " R = 5 0 0 .0 0' 2 0 4.9 4' R = 9 0 0.0 0' 2 2 8. 9 0' Δ = 1 4 ° 3 4 '2 1 " 2.0 1' 4 9 .6 2' 3 9. 3 8' 5 1 . 6 5' 4 8 .8 1' 9 .0 5' 4 5 . 0 7' 52.8 3' 1 0 .6 5' 5 0 . 1 7' 9.57' 49.5 0' 6 5 . 5 2' 4 8 . 7 9' 72.89' 4 3 .3 0' 5 0 .0 2 ' 3 5 . 1 2' 4 4.7 3' 83.96' 1 0. 7 4' 2 6. 0 9' Δ = 1 0 ° 0 8'3 1 " R = 1,0 0 0 .0 0' 1 7 7 . 0 1' 43.01' 93.34' 2 4.8 1' 5 0. 0 5 ' 1 9. 1 2' 31.91' 4.34' 1 2 . 5 5' 103.56' 30.55' 4 9. 94' 29.06' 52.45' 1 1 1 1 1 1 1 10 10 10 10 10 10 11 11 11 11 11 11 12 12 12 12 12 12 13 13 13 13 13 13 14 14 14 14 14 14 15 15 15 15 15 16 16 16 16 16 17 17 17 17 17 18 18 18 18 18 19 19 19 19 19 2 2 2 2 2 2 2 20 20 20 20 20 21 21 21 21 22 22 22 22 23 23 23 23 24 24 24 24 25 25 25 25 26 26 26 27 27 27 28 28 28 29 29 29 3 3 3 3 3 3 30 30 30 31 31 31 32 32 32 33 33 33 34 34 34 35 35 35 36 36 36 37 37 37 38 38 38 39 39 39 4 4 4 4 4 4 4 40 40 40 41 41 41 42 42 42 43 43 43 44 44 44 45 45 45 46 46 46 47 47 47 48 48 48 49 5 5 5 5 5 5 5 50 51 52 6 6 6 6 6 6 6 7 7 7 7 7 7 8 8 8 8 8 8 9 9 9 9 9 9 D R A I N A G E C H A N N E L FEMA 100 yr F EMA 10 0 y r FEMA 100 yr F u t u r e R e g i o n a l T r a i l F u t u r e R e g i o n a l T r a i l O P E N S P A C E O P E N S P A C E O P E N S P A C E O P E N S P A C E O P E N S P A C E W I E D E R S T E I N 1" = 80 feet EXHIBIT 3 DRIVEWAY DETAIL A A B B Driveway Detail Notes: A: Driveway width at the street should be a minimum 10’ wide to a maximum of 16’ wide. B: If the offset and angle of the garage to the side lot line allows the ‘T’ to be located towards the side yard instead of the front of the home, the ‘T’ should be located in the side instead of the front. C: On lots with extra deep setback, the 7’minimum can be increased. C EXHIBIT 4 WIEDERSTEIN AND WEST DIETZ CREEK TRAIL PLAN SCHERTZ PARKWAY WI E D E R S T E I N EXHIBIT SHEET Fi l e : N : \ 0 0 2 4 3 1 3 . 0 0 \ 1 P r o j e c t D a t a \ D w g \ C i v i l \ H e r i t a g e O a k s - T r a i n P l a n . d w g NORTH OWNER / DEVELOPER SURVEYOR ENGINEER / APPLICANT: HERITAGE OAKS NEIGHBORHOOD 65.97 ACRES ~ TOTAL TRACT AREA Ph o n e (2 1 0 ) 2 6 5 - 8 3 0 0 17 1 8 D r y C r e e k W a y , S u i t e 1 1 0 To l l F r e e (8 8 8 ) 9 3 7 - 5 1 5 0 Sa n A n t o n i o , T X 7 8 2 5 9 TB P L S F I R M N O . 1 0 1 9 4 0 6 4 - T B P E F I R M N O . F - 1 1 7 5 6 EXHIBIT 5 ZONING EXHIBIT SCHERTZ PARKWAY SUMTER G L A D E FLORENCE GROVE AB B E V I L L E R O C K H I L L V I E W BU C K L E AUG U S T A G L A D E BI L T M O R E M A N O R DIETZ CREEK RO C K H I L L V I E W SELMA CITY LIMITS SCHERTZ CITY LIMITS SELMA CITY LIMITS SCHERTZ CITY LIMITS MARIETTA LANE Δ WI E D E R S T E I N PROPOSED REZONE BOUNDARY PROPOSED REZONE BOUNDARY PROPOSED REZONE BOUNDARY SC H E R T Z C I T Y L I M I T S SE L M A C I T Y L I M I T S EXISTING R-2 ZONING EXISTING R-2 ZONING EXISTING ZONING BOUNDARY EXISTING NS ZONING CITY OF SCHERTZ VOL. 776, PG. 948 O.P.R. 150 0 75 150 PDD-1 SHEET CHECKED: DRAWN: DESIGN: DATE: JOB NO.:24313.00 JANUARY 2020 Fi l e : N : \ 0 0 2 4 3 1 3 . 0 0 \ 1 P r o j e c t D a t a \ D w g \ C i v i l \ H e r i t a g e O a k s - P D D . d w g DAD NORTH SINGLE FAMILY RESIDENTIAL PDD PROPOSED OWNER / DEVELOPER SURVEYOR ENGINEER / APPLICANT: HERITAGE OAKS NEIGHBORHOOD 65.97 ACRES ~ TOTAL TRACT AREA HERITAGE OAKS ZONING TABLE CONDITION AREA (AC.)ZONING EXISTING 5.81NS EXISTING 60.16R-2 PROPOSED 65.97PDD LINE TABLE LINE L1 L2 L3 L4 LENGTH 75.00' 120.00' 75.09' 120.00' BEARING S29° 53' 42"E S60° 06' 18"W N29° 53' 42"W N60° 08' 45"E Ph o n e (2 1 0 ) 2 6 5 - 8 3 0 0 17 1 8 D r y C r e e k W a y , S u i t e 1 1 0 To l l F r e e (8 8 8 ) 9 3 7 - 5 1 5 0 Sa n A n t o n i o , T X 7 8 2 5 9 TB P L S F I R M N O . 1 0 1 9 4 0 6 4 - T B P E F I R M N O . F - 1 1 7 5 6 PDD-2 SHEET CHECKED: DRAWN: DESIGN: DATE: JOB NO.:24313.00 JANUARY 2020 Fi l e : N : \ 0 0 2 4 3 1 3 . 0 0 \ 1 P r o j e c t D a t a \ D w g \ C i v i l \ H e r i t a g e O a k s - P D D . d w g DAD NORTH OWNER / DEVELOPER SURVEYOR ENGINEER / APPLICANT: HERITAGE OAKS NEIGHBORHOOD 66.16 ACRES ~ TOTAL TRACT AREA Ph o n e (2 1 0 ) 2 6 5 - 8 3 0 0 17 1 8 D r y C r e e k W a y , S u i t e 1 1 0 To l l F r e e (8 8 8 ) 9 3 7 - 5 1 5 0 Sa n A n t o n i o , T X 7 8 2 5 9 TB P L S F I R M N O . 1 0 1 9 4 0 6 4 - T B P E F I R M N O . F - 1 1 7 5 6 ADJACENT PROPERTY OWNERSHIP PLANNING AND ZONING COMMISSION MEETING: 09/27/2023 Agenda Item 5 C TO:Planning and Zoning Commission PREPARED BY:Samuel Haas, Senior Planner CASE:PLUDC20230225 SUBJECT:PLUDC20230225 - Hold a public hearing, workshop and discussion and possible action to make a recommendation on amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 5, Section 21.5.4 Zoning Change/Zoning Map Amendment. GENERAL INFORMATION: As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the recommendation of City staff amend, change, or modify text in any portion of the UDC to establish and maintain stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals, and/or State and Federal regulations. PROPOSED AMENDMENTS Background: Currently, the zone change process begins when the city or an applicant requests a zone change for a property. The City of Schertz UDC Section 21.5.4.C, in conformance with the State of Texas Local Government Code (LGC) then requires a public hearing. The City of Schertz UDC stipulates that the first public hearing is before the Planning and Zoning Commission where a recommendation is made to City Council. City Council then has two readings on the zone change request with the first reading being a public hearing as well. The final reading is not a public hearing, but in the event the action on the first reading was not unanimous, it could be a discussion item. Before the public hearing is scheduled for a Planning and Zoning Commission meeting, State law requires that public hearing notifications must be sent out to property owners within 200-feet of a proposed zone change. UDC section 21.5.4.C.2.a call these notifications "Written Notices". These notices are mailed to said property owners at least 10 days before the Planning and Zoning Commission hearing. On these public hearing notices are options to vote "in favor of", "neutral to", or "opposed to" the zone change request. Then the property owners may return these notices either by mail, e-mail, or in-person to have their votes counted. The votes that are "opposed to" are considered protest votes. These votes are critically important for the City Council readings as the LGC has a threshold that, once crossed, requires a 3/4 majority vote to approve the zone change. This rule is often called the "super-majority" rule. UDC Section 21.5.4.E.1. states the following: 1. If a proposed zoning change or zoning map amendment is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d). The protest must be written and signed by the owners of at least twenty percent (20%) of either: a. The area of the lots or land covered by the proposed zoning change or zoning map amendment; or b. The area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area. The UDC follows the specific requirements laid out in the LGC when counting votes. However, the LGC nor the UDC has stipulations for cut-off dates. In practice, this means that these notices can be turned in all the way up to the point of the meeting. Also, with three separate readings in regard to the zone change, property owners have the opportunity to change their vote in-between these meetings. This can potentially create a difficult situation for staff, citizens, and applicants to keep track of protest votes and more importantly, to properly account for the super-majority threshold. Lastly, there is often confusion around rental properties, and properties that have recently been sold. Rental tenants may receive a mailed notice, but the LGC explicitly states that only the surrounding property owners (not tenants) votes are counted. Also, the LGC states that the "most recently approved municipal tax roll", is used to determine property ownership. In practice, the city uses the County Appraisal District to determine mailing addresses and in consultation with the city attorney, this is an acceptable practice. Proposed Amendments: Staff is proposing amendments to UDC Section 21.5.4.E. to help with these potential issues. The first portion of these proposed amendments will be to Section 21.5.4.E.3 and they will explicitly state what the "municipal tax roll" is, what needs to happen to count votes for recent property purchases, and stating that tenants are not counted in conformance with the LGC. The language proposed is as followed: 3. The owner as idicated by the most recently approved municipal tax roll, is determined by the City Manager or his/her designee from the County Appraisal District in which the property in question and the real property within 200 feet of the exterior boundary of the property in question resides. a. The written protest will only be counted if signed by the owner of the property, as indicated by the most recently approved municiapl tax roll. Tenants will not be counted and; b. if a property within 200 feet of the exterior boundary of the property in question has recently been purchased and the County Appraisal District does not have said purchase listed, the new property owner must submit proof of ownership with their protest to demonstrate ownership for the protest vote to be counted Also, an additional section will be added at the end of UDC 21.5.4.E. This new section stipulates that these protest votes must be turned in by noon the Friday before the first reading of City Council. This gives staff time to account for the protest votes to determine if the super-majority threshold has been reached, and to prepare the necessary reports. Staff is then proposing a second deadline of noon the Friday before the second reading as well. This gives more time for the surrounding owners to submit their votes on the request; this also provides an opportunity for a property owner to change their vote if they so decide. The proposed language is as follows: 4. The written protest must be received by City no later than noon on the Friday before the first reading of the public hearing by the City Council for which the notice was published per Section 21.2.3 Notice Requirements to trigger the affirmative vote of at least three-fourths (¾) of all members of the City Council. The written protest must be received by City no later than noon on the Friday before the final reading of the ordinance by the City Council to trigger the affirmative vote of at least three-fourths (¾) of all members of the City Council. STAFF ANALYSIS AND RECOMMENDATION: PLUDC20230025 would add clarity and organization to the public hearing notice process as it relates to a zone change request. This will help staff, applicants, citizens, and Commissioners and Council Members account for protest votes and if the super-majority threshold has been reached. Therefore, Staff recommends approval of the amendments to the Unified Development Code (UDC) as proposed and discussed. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission in making a recommendation to City Council on the proposed Unified Development Code Amendment. In considering action on a UDC Amendment, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachments UDC Section 21.5.4. Zoning Map Amendment - (redlines) UDC Section 21.5.4. Zoning Map Amendment - (clean) Proposed New Written Notice Created: 2022-09-12 11:25:10 [EST] (Supp. No. 6) Page 1 of 3 Sec. 21.5.4. Zoning Change/Zoning Map Amendment. A. Applicability. 1. The City Council may, from time to time, on its own motion, by request of the City Manager or his/her designee, or by application from a property owner, establish or amend the boundaries shown on the Official Zoning Map of the City. A zoning change or zoning map amendment is required to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable and desirable development within the City. 2. Approval of a zoning change or zoning map amendment authorizes a property owner to submit subsequent development applications consistent with the amendment. B. Application Requirements. 1. Application Required. Any request for a zoning change or zoning map amendment shall be accompanied by an application and zoning exhibit prepared in accordance with the Development Manual. 2. Accompanying Applications. A request for a zoning change or zoning map amendment may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a zoning change or zoning map amendment shall require all subsequent development applications to be consistent with the approved amendments. 3. Tax Certificate Required. All applications made as a request for a zoning change or zoning map amendment shall be accompanied by a copy of a Tax Certificate. C. Processing of Application and Decision. 1. Submittal. An application for a zoning change or zoning map amendment shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements. An application for a zoning change or zoning map amendment requires the following notification in accordance with section 21.4.3: a. written notice prior to consideration by the Planning and Zoning Commission; and b. published notice prior to consideration by the City Council. c. posted notice prior to consideration by the Planning and Zoning Commission and prior to consideration by the City Council. 3. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed a zoning change or zoning map amendment to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the amendment. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council. Created: 2022-09-12 11:25:10 [EST] (Supp. No. 6) Page 2 of 3 4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed zoning change or zoning map amendment and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the amendment. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. 5. Consideration of Previously Denied Amendments. A request for a zoning change or zoning map amendment for a tract of land shall not be considered by the Planning and Zoning Commission or the City Council within six (6) months after the Council's decision to deny the request unless the request is to a different zoning classification or there has been a substantial change in the conditions surrounding the parcel since the initial request. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Manager or his/her designee shall have the authority to determine whether the request is substantially different from the initial request. D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a zoning change or zoning map amendment, should consider the following criteria: 1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; 2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; 4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; 5. Whether there have been environmental and/or economical changes which warrant the requested change; 6. Whether there is an error in the original zoning of the property for which a change is requested; 7. Whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and, 8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. E. Protests. 1. If a proposed zoning change or zoning map amendment is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d). The protest must be written and signed by the owners, as indicated by the most recently approved municipal tax roll, of at least twenty percent (20%) of either: Created: 2022-09-12 11:25:10 [EST] (Supp. No. 6) Page 3 of 3 a. The area of the lots or land covered by the proposed zoning change or zoning map amendment; or b. The area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area. 2. In computing the percentage of land area under section 21.5.4.E.1 above, the area of streets and alleys shall be included. 3. The owner, as indicated by the most recently approved municipal tax roll, is determined by the City Manager or his/her designee from the County Appraisal District in which the property in question and the real property within 200 feet of the exterior boundary of the property in question resides. a. The written protest will only be counted if signed by the owner of the property, as indicated by the most recently approved municipal tax roll. Tenants will not be counted and; b. if a property within 200 feet of the exterior boundary of the property in question has recently been purchased and the County Appraisal District does not have said purchase listed, the new property owner must submit proof of ownership with their protest to demonstrate ownership for the protest vote to be counted. 4. The written protest must be received by City no later than noon on the Friday before the first reading of the public hearing by the City Council for which the notice was published per Section 21.2.3 Notice Requirements to trigger the affirmative vote of at least three-fourths (¾) of all members of the City Council. The written protest must be received by City no later than noon on the Friday before the final reading of the ordinance by the City Council to trigger the affirmative vote of at least three-fourths (¾) of all members of the City Council. (Ord. No. 17-S-42 , § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04 , § 1(Exh. A), 1-23-2018) Created: 2022-09-12 11:25:10 [EST] (Supp. No. 6) Page 1 of 3 Sec. 21.5.4. Zoning Change/Zoning Map Amendment. A. Applicability. 1. The City Council may, from time to time, on its own motion, by request of the City Manager or his/her designee, or by application from a property owner, establish or amend the boundaries shown on the Official Zoning Map of the City. A zoning change or zoning map amendment is required to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable and desirable development within the City. 2. Approval of a zoning change or zoning map amendment authorizes a property owner to submit subsequent development applications consistent with the amendment. B. Application Requirements. 1. Application Required. Any request for a zoning change or zoning map amendment shall be accompanied by an application and zoning exhibit prepared in accordance with the Development Manual. 2. Accompanying Applications. A request for a zoning change or zoning map amendment may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a zoning change or zoning map amendment shall require all subsequent development applications to be consistent with the approved amendments. 3. Tax Certificate Required. All applications made as a request for a zoning change or zoning map amendment shall be accompanied by a copy of a Tax Certificate. C. Processing of Application and Decision. 1. Submittal. An application for a zoning change or zoning map amendment shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements. An application for a zoning change or zoning map amendment requires the following notification in accordance with section 21.4.3: a. written notice prior to consideration by the Planning and Zoning Commission; and b. published notice prior to consideration by the City Council. c. posted notice prior to consideration by the Planning and Zoning Commission and prior to consideration by the City Council. 3. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed a zoning change or zoning map amendment to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the amendment. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council. Created: 2022-09-12 11:25:10 [EST] (Supp. No. 6) Page 2 of 3 4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed zoning change or zoning map amendment and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the amendment. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. 5. Consideration of Previously Denied Amendments. A request for a zoning change or zoning map amendment for a tract of land shall not be considered by the Planning and Zoning Commission or the City Council within six (6) months after the Council's decision to deny the request unless the request is to a different zoning classification or there has been a substantial change in the conditions surrounding the parcel since the initial request. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Manager or his/her designee shall have the authority to determine whether the request is substantially different from the initial request. D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a zoning change or zoning map amendment, should consider the following criteria: 1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; 2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; 4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; 5. Whether there have been environmental and/or economical changes which warrant the requested change; 6. Whether there is an error in the original zoning of the property for which a change is requested; 7. Whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and, 8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. E. Protests. 1. If a proposed zoning change or zoning map amendment is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d). The protest must be written and signed by the owners, as indicated by the most recently approved municipal tax roll, of at least twenty percent (20%) of either: Created: 2022-09-12 11:25:10 [EST] (Supp. No. 6) Page 3 of 3 a. The area of the lots or land covered by the proposed zoning change or zoning map amendment; or b. The area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area. 2. In computing the percentage of land area under section 21.5.4.E.1 above, the area of streets and alleys shall be included. 3. The owner, as indicated by the most recently approved municipal tax roll, is determined by the City Manager or his/her designee from the County Appraisal District in which the property in question and the real property within 200 feet of the exterior boundary of the property in question resides. a. The written protest will only be counted if signed by the owner of the property, as indicated by the most recently approved municipal tax roll. Tenants will not be counted and; b. if a property within 200 feet of the exterior boundary of the property in question has recently been purchased and the County Appraisal District does not have said purchase listed, the new property owner must submit proof of ownership with their protest to demonstrate ownership for the protest vote to be counted. 4. The written protest must be received by City no later than noon on the Friday before the first reading of the public hearing by the City Council for which the notice was published per Section 21.2.3 Notice Requirements to trigger the affirmative vote of at least three-fourths (¾) of all members of the City Council. The written protest must be received by City no later than noon on the Friday before the final reading of the ordinance by the City Council to trigger the affirmative vote of at least three-fourths (¾) of all members of the City Council. (Ord. No. 17-S-42 , § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04 , § 1(Exh. A), 1-23-2018) PLANNING & COMMUNITY DEVELOPMENT NOTICE OF PUBLIC HEARING Month Day, 2023 Dear Property Owner, The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, Month Day, 2023 at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make a recommendation on the following item: PLZC20240001 – A request to rezone approximately 53 acres of land from Public Use District (PUB) to General Business District (GB), known as Guadalupe County Parcel ID 148758, generally located east of the intersection of Schertz Parkway and Pecan Drive, City of Schertz, Guadalupe County, Texas. The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. You may return the reply form below by mail or personal delivery to Samuel Haas, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, or by e-mail: planning@schertz.com. If you have any questions, please feel free to call Samuel Haas, Senior Planner at (210) 619-1783. Sincerely, Samuel Haas Senior Planner ----------------------------------------------------------------------------------------------------------------------------------------------------- Reply Form: City Council will have two readings on the request after the recommendation from the Planning and Zoning Commission. This form is used to calculate the protest in accordance with LGC, Local Government Code 211.006(d). The written protest must be received by City no later than noon on the Friday before each reading by the City Council. If the name of the person signing this form does not match the name listed as the owner on the appraisal district website, proof of ownership is required in order for this to count towards the protest. I am: in favor of  opposed to  neutral to  the request for PLZC20240001 COMMENTS: ______________________________________________________________________________ NAME: _____________________________________SIGNATURE___________________________________ (PLEASE PRINT) STREET ADDRESS: ________________________________________________________________________ DATE: _____________________________ Staff Use Only – Received Date: Staff Signature: PROPOSED DRAFT PLANNING AND ZONING COMMISSION MEETING: 09/27/2023 Agenda Item 7 A   TO:Planning and Zoning Commission PREPARED BY:Emily Delgado, Planning Manager SUBJECT:Current Projects and City Council Status Update   BACKGROUND DEVELOPMENT INFORMATION The following is being provided for information purposes only so that the Planning and Zoning Commission is aware of the current status of new site plan applications, status of applications heard by the Commission and recommended for final action by the City Council, and the status of administratively approved applications.  NEW SITE PLAN APPLICATIONS: There were no site plan applications submitted between September 8, 2023 and September 22, 2023. CITY COUNCIL RESULTS: The following development applications were recommended for final action to the City Council:  Ord. 23-S-16 Conduct a public hearing and consideration and/or action on a request for a Specific Use Permit to allow a convenience store with gas pumps on approximately 5.5 acres of land, more specifically described 1008 and 1020 FM 78, Schertz, TX 78154, also known as Guadalupe County Property Identification Number: 67650 and 67552, City of Schertz, Guadalupe County, Texas.   Recommended for approval with modifications at the July 26, 2023 P&Z Meeting (7-0)   Approved via first reading at the September 5, 2023 CC Meeting (7-0) Approved via final reading at the September 19, 2023 CC Meeting (7-0) Ord. 23-S-21 Conduct a public hearing and consideration and/or action on a request to rezone approximately 4.5 acres of land from General Business District (GB) to General Business-2 District (GB-2), located at the intersection of IH 35 Access Road and Legacy Oaks Parkway, also known as 16746 IH 35 N, Schertz, Guadalupe County, Texas, also known as Guadalupe County Property Identification Number 64672.  Recommended for approval at the August 23, 2023 P&Z Meeting (5-2) Denied on first reading at the September 19, 2023 CC Meeting (5-2) Ord. 23-S-22 Conduct a public hearing and consideration and/or action on a request for a Specific Use Permit to allow automobile sales on approximately 4.5 acres of land, located at the intersection of IH 35 Access Road and Legacy Oaks Parkway, also known as 16746 IH 35 N, Schertz, Guadalupe County, Texas, also known as Guadalupe County Property Identification Number 64672.  Recommended for approval at the August 23, 2023 P&Z Meeting (7-0) Due to Ord. 23-S-21 being deined by the City Council at the September 19, 2023 CC Meeting, no action was taken on Ord. 23-S-22 Ord. 23-S-25 – Public hearing and consider a request to rezone approximately 14.3 acres from General Business District (GB) to Single-Family Residential District (R-2), located approximately 483 feet from the intersection of Green Valley Road and Eckhardt Road, also known as a portion of 4600 Eckhardt Rd and 7263 Green Valley Road,?Schertz, Guadalupe County, Texas.    Recommended for approval at the September 13, 2023 P&Z Meeting (7-0) Scheduled for first reading at the October 10, 2023 CC Meeting Ord. 23-S-26 – Public hearing and consider a request to rezone approximately 21 acres of land from General Business District (GB) and Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4), generally located approximately 3,000 feet east of the intersection of IH 35 access road and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers: 68315, 68316, 68296, 68295, 68294.    Numbers: 68315, 68316, 68296, 68295, 68294.    Recommended for approval at the September 13, 2023 P&Z Meeting (7-0) Scheduled for first reading at the October 10, 2023 CC Meeting Ord. 23-S-27 – Public hearing and consider amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 4, Section 21.4.12 Variances and Article 9 Section 21.9.7 Landscaping and Section 21.9.9 Tree Mitigation.    Recommended for approval at the September 13, 2023 P&Z Meeting (7-0) Scheduled for first reading at the October 10, 2023 CC Meeting ADMINISTRATIVELY APPROVED PROJECTS:   There were no development applications administratively approved between September 8, 2023 and September 22, 2023.