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1992S13- REZONING AREAS ORDINANCE NO. tA-S-/$ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1 BY REZONING AREAS OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT Zoning Ordinance No. 87-S-1 of the City of Schertz, Texas is hereby amended in the following manner: "A. Rezone areas out of Guadalupe County bounded by Jack Hays Boulevard, Lazy Oak, Circle Oak, Green Valley Road and Borgfeld Road as follows: 1. Rezone 1.45 acres of land in front of the Oak Forest Subdivision from Office and Professional (OP) to Public Use. Said property bounded on the west by Jack Hays Boulevard, on the east by Lazy Oak, on the north by Crest Oak and on the south by Circle Oak. 2. Rezone intersection Road from Professional a 200' x 200' piece of Jack Hays Boulevard General Business (GB) (OP) . of and to land at the Green Valley Office and 3. Rezone the strip of land on the west side of Jack Hays Boulevard, located between Alamo Waste and Autumn Winds, from it's current classification of General Business (GB) to Neighborhood Services (NS). 4. Rezone the arm of land that extends along Borgfeld Road on the east side of Jack Hays Boulevard, from General Business (GB) to Neighborhood Services (NS) with the exception of the animal shelter property which will remain zoned General Business (GB). Said property begins 450 feet east of Jack Hays Boulevard, is bounded on the east by the City limits, on the north by Borgfeld Road and on the south by the Gutierrez landfill. B. Rezone areas out of Guadalupe County bounded by Schertz Parkway, Marilyn Drive, Chestnut Drive, Colony Drive, Aero Avenue, Curtiss Avenue, Koch street and Exchange Avenue as follows: 1. Rezone from the currently zoned planned Unit Development (PUDl to R-2 Single Family Dwelling District approximately 74 acres of land located adjacent to Val Verde Units 1 and 2 and the Sebastian Apartments and bordered on the south by Marilyn Drive, on the west by Chestnut Drive and on the east by Schertz Parkway. 2. Rezone from General Business (GBI to R-4 Apartment/Multi-Family Dwelling District, to a depth of approximately 140 feet, that area directly adjacent to The Gardens Subdivision, bounded on the north by The Gardens Subdivision, on the south by Aero Avenue, the east by Schertz Parkway and the west by Colony Drive. 3. Rezone from General Business (GBl to Neighborhood Services (NSI, to a depth of approximately 175 feet, that area going south from Aero Avenue to Curtiss Avenue bounded on the east by Schertz parkway. 4. Rezone from General Business (GBI to R-4 Apartment/Multi-Family Dwelling District, to a depth of approximately 200 feet, that area bounded on the north by the Jim W. Silvers property, on the south by Exchange Avenue, on the west by Koch Street and on the east by Schertz Parkway. C. Rezone areas out of Guadalupe County bounded by Parkway, Elbel Road, Westchester Drive, Curtiss FM 78 and Cibolo Creek as follows: Schertz Avenue, 1. Rezone from General Business (GBl to Neighborhood Services (NSI approximately 16 acres of land from Elbel Road south to Curtiss Avenue, bounded on the north by Elbel Road, on the south by Curtiss Avenue, on the east by the Sycamore Creek Apartments and Westchester Drive, and on the west by Schertz Parkway. 2. Rezone from General Business (GBI to R-3 Two Family Dwelling District approximately 5.388 acres of land known as Clyde Ford Village bounded on the north by the Viola Beck property, on the east by Westchester Drive and on the west by Schertz Parkway. -2- 3. Rezone Manufacturing south of FM 78 from Predevelopment (PD) to Heavy (M-2) the Beck Concrete property located and bounded by Cibolo Creek." SECTION II referred Schertz reflect THAT the Zoning District to in Article II, Section 3.1 Zoning Ordinance No. 87-S-1 the above amendments. Maps and 3.2 shall described and of the City of be changed to Approved on first reading the L day of :.ru,v~, 1992. PASSED, APPROVED AND ADOPTED this the LQ day of :ru fI--.A- , 1992. z, Texas ATTEST: ity of Schertz (SEAL OF CITY) -3- TO: City Council FROM: Planning and Zoning Commission SUBJECT: Revisions to Zoning Map and Proposed Amendment to Zoning Ordinance Regarding a Special District for Schertz Parkway Attached you will find recommended revisions to the Zoning Map. These revisions are the result of considerable time spent over the last few months, by the Planning and Zoning Commission, in discussing the way they envision the future of the City of Schertz. The changes being proposed are along Jack Hays. Blvd. and along Schertz Parkway. Also attached you will find a revised amendment to the Zoning Ordinance regarding a proposed Special District for Schertz Parkway. This is in direct response to a letter from the City Manager to the Commission dated March 24, 1992 after an original proposal was submitted to Council by the Commission on February 14, 1992. Efforts to accomplish what the Commission wants along Schertz Parkway (which involve protection and preservation of the look that Schertz Parkway can stand for as a major entrance to the City), combined with the need to establish desired controls brought about the necessity of this amendment. The Commission unanimously recommends approval of the revisions to the Zoning Map and the proposed amendment the Special District for Schertz Parkway, and requests hearing be scheduled. attached regarding a public u~ 4-L Bob Andrews, Chairman Planning & Zoning Commission BA/na Attachments ProDosed Chanaes Alona Jack Havs Blvd: (a) Since the property in front of Lazy Oak Drive in Oak Forest now belongs to the City, change it from General Business to Public Use. (b) Change the 200' x 200' piece Valley Road and Jack Hays Blvd. and Professional. of land at the corner of Green from General Business to Office (c) Square off the area of General Business by Alamo Waste and rezone the rest of the General Business strip that runs from there up past Woodland Oaks to Neighborhood Services. (d) Rezone the arm of land that extends along Borgfeld Road from General Business to Neighborhood Services. ProDosed Chanoes to the West Side of Schertz parkwav from E. Live Oak Road to the Southern Pacific Railroad: (a) The PUD in the general area behind the Sebastian Apartments bordering Marilyn Drive and Chestnut Drive be changed to R-2. (b) The General Business area directly adjacent to "The Gardens" Subdivision going south to Aero Avenue be changed from General Business to R-4. (There is an area between Mitchell and Aero where the back half is currently zoned GB and front half is currently zoned R-4.) (c) The General Business area from Aero Avenue south to Exchange Avenue be changed to Neighborhood Services with the exception of the area of Koch Street (between Curtiss Ave. and Exchange Ave.) across from Senior Circle where it should be zoned R-4. (d) The area from Exchange Avenue south to the Southern Pacific Railroad to remain zoned General Business. ProDosed Chanoes to the East Side of Schertz parkwav from E. Live Oak Road to the Southern Pacific Railroad: (a) The General Business area south from Elbel Road to Senior Circle be changed to Neighborhood Services. (b) Senior Circle be changed from General Business to R-3. (c) The area south of Senior Circle to the Southern Pacific Railroad to remain zoned General Business. ORDINANCE AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1, ARTICLE XX, OVERLAY DISTRICTS, SECTION 4, SPECIAL OVERLAY DISTRICT SCHERTZ PARKWAY; APPENDIX B, DEFINITIONS; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS I THAT, Zoning Ordinance 87-S-1, Article XX Overlay Districts, is hereby amended in the following manner: "Current title of Article XX, Overlay Districts, be changed to Article XX, Special Districts. II THAT, Zoning Ordinance 87-S-1, Article XX, Section 4, is hereby amended in the following manner: Current title of Section 4, Special Overlay District Schertz Parkway, be changed to Schertz Parkway District - SPD. III THAT, Zoning Ordinance 87-S-1, Article XX, Section 4, is hereby amended in the following manner: 4.1 BOUNDARIES: The boundaries for the Schertz Parkway District shall be: North - to within 750 ft. of IH-35 Right-of-Way South - the intersection of Schertz Parkway and E. Live Oak Road East - 500 ft. of the Parkway R.O.W. West - 500 ft. of the Parkway R.O.W. 4.2 PURPOSE: a. The purpose of this district is to provide quality development through flexible, responsive performance criteria which will insure an attractive environment compatible to businesses and residential dwellings which will result in: 1. an environment and living condition favorable to the public; 2. providing a creative approach to land use and related physical development; 3. creating a pattern of trees and outstanding natural erosion and pollution; 4. encouraging mixed use development through innovative uses of modern development concepts; and 5. producing open space and recreation areas. development which preserves topography and prevents soil b. This district is intended for a combination of three or more different, frequently separated uses, each a significant part of the development. The categories of major uses are office, retail, hotel/motel, restaurant, entertainment, bank/financial institution, single family dwelling and multi-family dwelling. The planning and conceptual design of the SPD must provide for physical and compatible functions of project uses. Residential use may be small or large scale developments incorporating single family dwellings or multi-family dwellings and related uses, which shall be a separate entity with a distinct character in harmony with surrounding development. Common land located within the SPD must be an essential and major element of the plan which is related to the long-term value of the homes and other developments. c. The requirements established by this District are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles which can result in creative solutions that will develop satisfactory visual appearances within the City, preserve taxable values and promote the public health, safety and welfare. 4.3 PERMITTED USES: a. Buildings, structures, and land shall be used in accordance with the uses permitted in all residential districts, NS and OP Districts, and will comply with the dimensional requirements of that district and of this District. b. The following list of additional uses shall be permitted. These uses shall comply with the dimensional requirements of the GB District and of this District. All uses marked with an asterisk (*) will require a Specific Use Permit. -2- Boarding or Rooming House Building Material Sales Cabinet or Upholstery Shop Dance Hall/Night Club Electrical Shop Fraternity or Sorority Lodge or Civic Club Handicraft and Art Object Sales Home for Alcoholic, Narcotic or psychiatric Patients* Hospital Hotel or Motel Institution of Religious or Philanthropic Nature Laboratory, Medical or Dental Laboratory, Scientific or Research Library/Art Gallery/Museum Mortuary New and Unscheduled Uses as Provided for Under Article II, Section 4 Optical Shop Pawn Shop Personal Custom Services such as Tailor/Milliner Related Private Club Private Tennis/Swim Club Public Recreation Center Radio or TV Transmitting Station - Commercial Radio, Television or Microwave Towers* Storage Warehouse Tavern Telephone Business Office Trade Commercial Schools Travel Bureau Consultant 4.4 SUBMISSION PROCEDURES: The initial submission by the applicant shall consist of a draft subdivision plat and a draft site plan. a. The draft subdivision plat and site plan will be in sufficient detail to convey the applicant's intentions. 4.5 DEVELOPMENT PLANS: The applicant shall present the draft subdivision plat and draft site plan in sufficient detail for the Planning and Zoning Commission to determine the proposed use is compatible with surrounding development. The draft documents must address the following: a. Show major items, location of building(s), parking, street access, etc. Landscaping may be omitted. b. Indicate if a property owners' association or a management corporation will be established to insure responsibility for maintenance of common areas of landscaping, drives, or parking. c. Note preliminary location, type and size of sign(s). -3- 4.6 FINAL DEVELOPMENT PLANS: After consulting with the Planning and Zoning Commission and presenting the draft documents of the proposed development, the final plans shall be submitted in accordance with the appropriate ordinance; subdivision plat the Subdivision Ordinance, the Site Plan - Article XXIV this Ordinance. 4.7 REQUIREMENTS: To achieve the purpose for the Schertz Parkway District, the following requirements are established in addition to any other requirements of general application established by any other City Ordinance for land use. a. LandscaDed Buffer ~ Scenic Easement: A continuous twenty (20') foot wide landscape buffer or scenic easement will be provided contiguous to Schertz Parkway right-of-way. Trees, as necessary, will be planted to provide an average density of one (l) tree (preferably Live Oak) per twenty (20') feet along Schertz Parkway. Irrigation of this landscaped buffer is encouraged and maintenance will be the responsibility of the owner of the paved surface or property. When appropriate, landscaping will apply. b. Off-Street Parkina: Parking will be permitted adjacent to the continuous landscaped buffer area along Schertz parkway. Parking and vehicular use area contiguous to Schertz Parkway right-Of-way shall have land berm walls or hedge of vegetation to reduce vehicular reflections and distractions onto traffic traveling the Parkway. However, when off-street parking is placed along the side or in the rear of the building, consideration may be given to reducing landscape buffer along the front of the property. No parking will be permitted on the Schertz Parkway right-Of-way. c. Drivewavs and Access to Schertz Parkwav: Access to Schertz Parkway will be limited to provide for safe traffic flow, and design shall provide interior drives to limit the number of accesses to this roadway. Contiguous paved safety and fire lanes should be used to limit the amount of access to Schertz Parkway and be stubbed out to adjoining property to be continued with future development. Interior traffic flows shall have land berms or hedge to reduce vehicular reflections onto traffic traveling Schertz Parkway. Right turn acceleration/deceleration lane or marginal access road shall be required when driveways are closer than three hundred (300') feet along Schertz Parkway. Access to Schertz Parkway shall be planned to match existing access or land conditions on the opposite side of Schertz Parkway. -4- All driveways shall be constructed with concrete from the property line to match the Schertz Parkway pavements; dedicated streets may be asphalt. All driveways shall have a minimum sight distance of two hundred forty (240') feet. Safety and fire lanes shall provide open space to permit vertical vehicular clearance of fourteen (l4') feet. d. Buildina Setback Line: No building will be permitted within fifty (50') feet of Schertz Parkway right-of-way which will include signs, banners, pennants or flags of any type except as provided for below. The required fifty (50') foot building setback line may be adjusted, by the Planning and Zoning Commission, when it is determined the requirement is too restrictive. These exceptions will, normally, only be granted in residential developments; however, exception can be granted in certain cases in commercial development. Alternate site plans may be considered to encourage the intent of this District and to preserve open green space. Reduction in building setbacks will be considered when off-street parking for businesses is placed along the side or in the rear of the building. e. Sian Restrictions: No signs, banners, pennants, or flags of any type, including charitable services or appeals, shall be erected or maintained in this district except in conformity with the following requirements or other requirements of the Sign Ordinance of which the most restricting provision shall prevail. No signs shall be permitted to be placed in the right-of-way of Schertz Parkway except as indicated in Item 11 below. 1. Signs visible from the exterior of any building may be lighted, but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the product sold or produced thereon. A multi-tenant building sign may be permitted on common pylon sign to support individual tenant identification signs. 3. All signs which are attached to the building must be flush-mounted and shall not project above the roof line. 4. Signs painted directly on the exterior surface of a wall shall not be permitted. 5. Special purpose signs and directional and traffic control signs shall be approved by the Planning and Zoning Commission prior to their construction. Special purpose sign shall be of a low profile type with a height normally not to exceed five (5') feet. Special purpose sign may be -5- used to announce an entrance to a major residential or commercial development or project. Permission to have a special purpose sign will not normally be granted to a development with less than two hundred (200') feet of frontage along the right-of-way of Schertz Parkway. Special purpose sign may be permitted in the center island of the entrance and exit of a development site, but must be placed in such a manner so as not to obstruct the traffic vision and cannot be placed in the Schertz Parkway right-of-way. 6. Each business is permitted to have one (1) low profile type sign not attached to the building. The sign shall be approved, by the Planning and Zoning Commission, prior to construction. Sign shall be a low profile type, normally not to exceed a height of eighteen feet seven inches (18'7"), and the maximum allowed size not to exceed 90 square feet in area. 7. Temporary Development signs, as described elsewhere in the Zoning Ordinance, announcing or describing a legally approved subdivision or land development, may be temporarily erected by obtaining approval from the Planning and Zoning Commission. These signs must be located a minimum of five (5') feet inside the property line. These signs shall be maintained and kept attractive during their time standing. The Commission will establish the time period the sign will be permitted and cause the removal of said sign as authorized in this District. 8. Temporary sign pertaining to the lease, rental or sale of premise or structure located thereon is permitted when located on such premise or structure. Such sign shall not be lighted and shall not exceed fifteen (15) square feet in area. These signs must be located a minimum of five (5') feet inside the property line. These signs shall be maintained and kept attractive during their time standing. The Planning and Zoning Commission can cause the removal of these signs as authorized in this District. 9. No advertising vehicle, trailer, portable sign or bench sign shall be permitted. 10. Banners, Flags, Pennants (a) Banners bearing advertising matter shall be considered an adjunct to wall or free-standing signs. For the purpose of mounting, they shall meet all regulations pertaining thereto. (b) Pennants and streamers are permitted for use in conjunction with banners for the announcement of a grand opening of a business and/or special event. (c) Any banners, pennants or streamers found to be obsolete or in need of repair will promptly be brought to the attention of the owner. The sign(s) will be removed or repaired within 10 days of the date of the written notice. -6- (d) Cloth banner signs without frame may project over and across street right-of-way provided they are of a non-commercial nature, not for private profit events. The banners shall be at least fourteen (14') feet from the street grade. (e) National and/or state flags are permitted. Flags which show an emblem or logo of a firm or corporation are permitted. No flag shall exceed thirty-two (32) square feet, and the top of the pole will not exceed twenty-five (25') feet in height from the ground. Permit required for construction of a flag pole. 11. Directional signs, commonly referred to as "bandit signs", identifying new or special projects, shall have approval of the Planning and Zoning Commission. Use of the signs shall be restricted to weekends from 3:00 P.M. Friday to 10:00 A.M. Monday, except on the nine (9) normally accepted Federal holidays. The time restriction shall be expanded to include the Friday or Monday of the Federal hOliday, still adhering to the hour limitations. Ten (10) bandit signs will be allowed to each builder who is developing areas within the confines of this Ordinance, and these signs will be required to be spaced at least 500 feet apart and not be placed in front of legally placed traffic control or safety signs or reflectors, and will be placed in locations so as not to obstruct traffic. Sign size will be restricted to 2 x 2 feet. Also, builders shall be allowed to place one (l) bandit sign on the north and south side of Schertz Parkway at each entrance of an area they are developing. These signs will be in addition to the ten (10) signs authorized along the length of Schertz Parkway. The Commission, at the time of approval, shall establish size, location, number, height, spacing and time period for the signs to be displayed in this District. These restrictions also apply to garage/yard sale, political and charitable signs. The applicant will be responsible for checking with utility companies on the location of underground utilities. 12. All signs shall be perpetually maintained and present a fresh-looking appearance at all times. f. Outdoor Storaae Screens: (Suggest this paragraph be deleted. I believe the subject is well covered in Article XXV, Landscaping.) g. Buildina Exterior Construction: of masonry construction or its finished with concrete, brick, equivalent. All buildings shall be equivalent or better; stone, glass or their h. Utilities: feasible. All utilities will be underground when -7- i. Land Use: All sales and service activities must take place indoors. Exceptions may be granted by the Planning and Zoning Commission at the time of approval of the site plan. 4.8 SITE PLAN: Required for all proposed businesses and multi-family dwelling developments. Final site plan will be prepared in accordance with Article XXIV. 4.9 LANDSCAPING: family dwelling final site plan. Required for all businesses developments. Landscaping will See Article XXV. and/or multi- be shown on IV THAT, Zoning Ordinance 87-S-1, Appendix B, Definitions, is hereby amended in the following manner: Appendix B, Definitions (add the following) Common ~ SDace: A parcel or parcels of land or an area of water or a combination of land and water within the site provided and made legally available for the use and enjoyment of residents of the proposed project. Common ProDertv: A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are legally shared by the owners and occupants of the individual building sites in a Planned Unit." V All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. -8- APPROVED on PASSED, APPROVED 19 first reading the day of AND ADOPTED, thiS- the day of , 19 , Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz SEAL OF CITY -9-