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1997S14- AMENDING ZONING ORDINANCE ( ( ORDINANCE ND. _E-?_-=.?~::-(~__.__ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERT~. TEXAS. AMENDING THE ZONING ORDINANCE NO. __-I1..7.:'2-:..L___ OF THE CITY DF SCHERTZ BY ADDING A NEW SECTION TO ARTICLE XIX, ENTITLED "SPECIAL OVERLAY DISTRICT SCHERTZ PARKWAY", AND PROVIDING PENALTIES FOR VIOLATION OF IT'S PROVISIONS. zoning Scher.tz WHEREAS, the City Council requirements are app1 ieab1e Par'kway; and has determined additional to the property along the WHEREAS, the City Council has requirements contained herein are in the publ ic and citizens of Schertz; and deter'm i ned the best i nter.t'!st zoning 01' the WHEREAS, the appropriate publ ic hearings and notices have been had; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: 1. THAT the Zon i ng Or'd i nance No. _.'iL'2":..:L-:-1___._, City 01' Schertz, Texas is hereby amended to incorporate XVI as follo(.ls: of the Ar' tic 1 e ARTICLE XIX HEIGHT AND AREA SPECIAL CONSIDERATIONS See t i on 4 Special Overlay District Schertz Parkway '1-.1 Cr'eation and Location: The City Council her'eby adopts and creates a special zoning district overlay classification designed for properties situated within 500 feet of the right-of- way of Schertz Parkway, between IH 35 and Live Oak Road, within the City of Schertz, to be known as the Schertz Parkway Special Overlay Zoning District. The specific boundaries 01' the Schertz Parkway Special Overlay District are shown on the official map maintained in the office of the City Secretary of the City of Scher' t z. 4.2 Objective: The Schertz Parkway Special Overlay District is created for the purpose of providing a safe through street without excessive traffic sigrlals, congestion and distractions, which includes protecting the natural environment al'jd water shed, and in turn providing arl attractive entrance to -the City. '1..3 Requir-ements: To ac:!'-.iE'VE' thE' objpctive of thE~ SchE-~r.tz Par"k\lJay Special Over-lay Distr-jct, the follotlJing zoning r-f::,qu i r'emE:,fl ts ar'e estab 1 i shpd for' suel"l 0 i str- i ct l.alh i ch ar-e in dddition to any utheF' zoning r'f.2quir'en'H?nts of geller-al .3pplication n(Jt incorlsisterlt ther'eunder-. -- .-- -- -- -. --._._-.-_.-_._-_._._---_."._~.--......~.....---..- ( ( A. Landscaped Buffer' or' Seen i c Easements: A continuous ten-foot wide landscape buffer or scenic easement will be provided contiguous to the Schertz Parkway right-of-way. Existing trees, especially the Live Oak trees, will be preserved if at all possible. Trees, as necessary, will be planted so as to avoid allollJing a dimension of 75 feet or less, measured parallel or concentric to the centerl ine of the Parkway, to be void 01' a tree, within the mentioned ten-foot width. In .the event a tr'ee tr'unk of an ex i st i ng tr'ee is located outs i de of sa i d 10-foot strip, but the tree canopy covers the desired ar~., such tree can be considered to meet this requirement so long as the tree can be expected to remain in place. Both sides of the Par'k,.ay ,. ill have such r'equ i r'ements, independent of each other'. Traffic sight distance requirements at intersecting streets and driveways, and/or street at maJor driveway widths may require the 75-foot dimension to vary in close proximity to such facil ities. Trees situated within ten feet of the pavement of Schertz Parkway may be removed whenever said tree(s) impede safety requirements for traffic sight distances. The landscaped buffer area shall be modified and graded to blend with the right-of-way planted with clean massing of low maintenance plant material. The grasses used shou 1 d be clump types and not over 1 y aggr'ess i ve. Na t i ve grasses, such ~s Nezpar Indian Ricegrass, sand lovegrass, side oats grama, bluegama are recommended with a mixture 01' wild flower seed. Irrigation 01' this landscaped buffer is encouraged and maintenance will normally be the responsibil ity 01' the owner. No trees or hedges shall be situated within ten feet of the pavement 01' Schertz Parkway. No hedges shall be situated within traffic sight 1 ines at intersecting streets and driveways. B. Off-Street Parking: Parking will be permitted adJacent to the continuous landscaped buffer area along Schertz Parkway. Off-street parking may encroach five feet into the required landscaped buffer areas only if a sol id screen hedge or similar planting is provided, having a minimum height 01' 36 inches.No parking will be permitted on the Schertz Parkway right- of-way. All off-street parking spaces must be clearly marked and paved asphalt or concrete surface. C. Dr' i ve",ays and Access to Scher' t z Par" kVlay: Each platted lot of 250 front feet or less shall be allowed two curb cuts. Any platted lot of more than 250 front feet may be granted additional curb cuts provided the design thereof i~corporates maximum traffic safety in determining the number of curb cuts and access to Schertz Parkway. Each developer shall submit his plan to the City for individual consideration. In addition, each free-standing business on a given lot of 250 feet or more sllall be entitled to one additional curb cut. o. Building S,?tb.3Ck Lin(?: No building (L.lill be permitted within 30 feet of Schertz Parkway right-Of-way. The r"2quir'ed 30-foot building setbac~; 1 in'2 rn,3Y be adJusl.;,?d by the Plarlrling and Zor'ling COlnmissiorl wtterl it is determirled the r'(:?qu j r'eff'l:?n tis too r.es tr' i c t i ve. Such 1:=:: :cep t j ()ns may b::= (JF.an b'~~d -2- -~~- ( ( in residential developments or commercial developments; Exception can only be granted when it is shown there is undue hardship or extensive expense due to the contours of the land, dra i nage, tr'ee or odd-shaped lots. Author i zed accessory building, being placed in rear yards of residential developments abutting Schertz Parkway right-of-way, must be screened from Schertz Parkway by a minimum six (6') foot fence or plants that provide an opaque cover. E. Sign Restrictions: No signs, banners, pennants or flags 01' any type, i nc 1 ud i ng char. i tab 1 e serv ices or appea 1 sand pol itical service or appeals, shall be erected or maintained in the District except in conformity with the following requirements or other requirements of the Zoning Ordinance of which the most restricting provision shall prevail: 1. Signs visible from the exterior of any building may be 1 ighted, but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, bl ink or move in any animated fashion. 2. tile person, firm, conducted on the site multi-tenant building to support individual Signs shall be restricted to advertising only company or corporation operating the use or the product sold or produced thereon. A sign may be permitted on common pylon sign tenant identification signs. sur. face of such sign is 3. a '<I a 1 1 e i tiler' Signs painted directly on the exterior shall not be permitted unless the legend of recessed into or raised from the wall. 4. Special purpose signs and directional and traffic control signs must be approved by the Planning and Zoning C~nmission prior to their construction. Special purpose signs shall be of low-profile type with a height not to exceed 15 feet. Special purpose signs may be used to announce an entrance to a maJor' r'esidential or commercial development or. pr'oJect. Special purpose signs may be permitted in the center island of the entrance and exit 01' 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. 5. Eacl'l business or- other user may maintain one sign not attached to the building. Such signs shall 11dve a maximum height of 25 feet above the centerl ine of the Parkway, except in instances in which higher signs are made necessary or advisable, and any sigrl exceeding 200 squar"e feet in area must be alJproved by the Planning and Zoning Commission prior to CCHlstr-uc t i orl" 6. Displaying the flag of the United States of Amer- i 1-:-: a and the Te}::as flag sha 11 be p{-::r"rn i t tf~'d beh t Ild tl'18 r-equ i r-!~d building setback 1 ine. -3- ( ( 7. Temporary development signs, as defined elsewhere in the Zoning Ordinance, announcing or describing a legally approved subdivision of land development may be temporarily erected. Such signs must be located at least ten feet from any publ ic driving surface. 8. Temporary signs announcement 01' pending development or pr'em i ses or. str'uctur'e located ther'eon located on such premise or structure. lighted and must be located at least driving surface. Such signs shall attractive at all times. pertaining to the lease, rental or sale of shall be permitted when Such signs shall not be ten feet from any publ ic be maintained and kept 9. No advertising vehicle, sign or bench sign shall be permitted. trailer, portable 10. Banners and pennants may be permitted for a period not to exceed 30 days for grand openings only. 11. Directional signs, commonly referred to as "bandit signs", identifying nel" or special pr'oJects shall be permitted. Use of these ~igns shall be restricted to weekends between 3:00 P.M. Friday to 10:00 A.M. Monday and 1 imited to no more than ten signs per event. Such signs must be spaced every 100 feet or more with size restrieted to maximum 2 x 2 feet. 12. All signs shall be perpetually maintained and present a fresh-lOOking appearance at all times. F. Sidewalks: Reinforced concrete sidewalks, four Feet wide, shall be required contiguous to Schertz Parkway, along the property 1 ine unless the lot in question has paved pedestrian access across the width 01' such lot between the roadway and the bUilding/buildings. G. Natural Environment: Live Oak and Native Elm trees having a nominal cal iper of eight inches or more measured 24 inches above the existing ground level shall not be removed from the land within the District except for one or more of the following reasons: 1- 1 imits of proposed so as to bel ieve foundation of the confl ict ",ith the pr'un i 1"19 is done. Suctl trees ar'e horizontally located wittlin ttle building, or so close to a proposed buildillg ttle r'oot system would eventually dahlage the bu i 1 ding, or- the canopy of tl"1e tr':?e ttl()U 1 d roof systeh~ of ttle building after r~asonable 2. Such tr'e(:'~~ ar'E'.:1 1 ocatE~d ltJ i th j n (::. pr-oposed parking or similar use area, and the removal of tIle same is necessary in order tt.at at least 85% of tile number- of par'kirlg spaces can be attailled wittlin slJch area as could be obtaillcd iF tl""e par'king area did not CCII'ltain tr'ees. -4- ..,.......,v..... ( ( 3. Such trees are horizontally and/or vertically located so as to confl ict with proposed building pads in cut or fill areas which extend beyond the 1 imits described within subsection 1 above. Site plans should accommodate existing trees by providing islands in parking lots, grading and landscaping surrounding structures. No trees 24 inches in diameter. or. 1 ar'ger' sha 11 be r'emoved l~ i thout prior approval of the City. H. Land Use: Sales and service activities may take place indoors or outdoors. 4.4 Nonconformity: Nonconforming users within the District will be identified within 180 days after the eFfective date by the Planning and Zoning Commission and/or the City Building OFficial. Appropriate action as identified in Article XXVII of the Zoning Ordinance will be taken to notify the responsible party or parties to repair or remove nonconforming users within 90 days. The Commission shall have the authority to grant a time extension normally not to exceed an additional 90 days From the original notification and under no circumstances will a nonconforming use be permitted after three years from the efFective date of this District. Should the responsible party or parties, after due notification, fail to correct violations, the City shall cause such nonconformity to be corrected. The City rnay a 1 so f i 1 e aga i nst the pr'oper.ty a mechan ie's 1 i en in the amount of the cost of such work. I1. shall be the City THAT the penalty for the same as prescribed 01' Schertz Ordinance No. the violation of this Ordinance in Article XXVII, Section 2 01' _.q~2..:_.~ .-:/____ _. _.. . 111. SHOULD any section or provision of this Ordinance be declared by the courts to be unconstitutional or inval id, such decision shall not affect the val idity of the Ordinance as a whole or any part thereof other than the part so declared to be uncons.,titutional ot'" inv211 id. -5- Appr'oved on I' i r'st r'ead j ng the PASSED, APPROVED AND ADOPTED 19a%. - Secretary, (SEAL OF CITY) ~ '.' Ci ty of Schertz ( _-1-__ day of __~_______, 1981. "e _!.~ '.Y 0' ~_______. ba.-z~:!!j;(t:!~?/~====~__ Mayor of SChert~Texas -6- FULBRIGHT & .JAWORSKI 2200 InterFirst Plaza 300 Convent Street San Antonio, Texas 78205 Telephone: 5121224-5575 Houston Washington, D.C. Austin San Antonio DaJfas London Zurich February 11, 1987 RE: Schertz Parkway Special Overlay Zoning District --------------------------------------------------- Ms. June Krause city Secretary 1400 Live Oak Road Schertz, Texas 78154 Dear June: prepared Parkway. I have enclosed, for your review, by John M. Sudyka 0 f ou r Fi rm copies of memoranda relating to Schertz Please do not hesitate to contact me if you have questions or comments concerning this matter. Very truly yours, ~"_'.::_'_~_~/t" ..,;'1' "'.", :~f.-/' Richard W. Harris -/," :: RWH/mjw/3391E Enclosures MESSENGER DELIVERY FULBRIGHT & JAWORSKI 2200 InterFirst Plaza 300 Convent Street San Antonio, Texas 78205 M E M 0 RAN DUM TO: Richard W. Harris DATE: February 10, 1987 FROM: John M. Sudyka RE: Proposed a Texas "Schertz Ordinance to be enacted municipal corporation, Parkway Special Overlay by the City of Schertz, creating that certain Zoning District" Pursuant to your di rections, and in accordance wi th the request of Mr. Steve Simonson, Assistant City Manager for the City of Schertz (" Schertz") , we have reviewed the above-referenced Ordinance as revised by Mr. Simonson. A copy of such Ordinance is attached to this Memorandum for reference purposes. With respect to the Ordinance, our comments are as follows: (1) We assume that Schertz has evaluated and is satisfied with the guidelines outlined in Section 4.3(A) of the Ordinance, i.e., the ten-foot width of the scenic easement is acceptable, the distance between the trees to be located along the Schertz Parkway right-of-way is adequate, and the similar provisions of Section 4.3(A) are satisfactory. (2) With respect to such Section 4.3 (A) of the Ordinance, such section indicates that "[i] rrigation of this landscaped buffer is encouraged and maintenance will normally be the responsibility of the Owner." This particular phrase is somewhat ambiguous in that the primary party obligated to maintain and care for the landscaped buffer is not identified. Accordingly, Schertz may deem it desirable to modify this provision to provide that the Richard W. Harris February 10, 1987 Page 2 "[iJrrigation and maintenance, including removal of all litter, trash and waste, lawn mowing, and tree and plant trimming, weeding, and pruning, shall be the responsibility of the respective owner or owners on which the landscaped buffer, or any portion thereof, is situated." (3) In the event that the change referenced in paragraph (2) is made, a clause should be inserted which deals with the possibility that an owner may not irrigate and maintain the landscaped buffer in a proper fashion. Such clause should provide that, if any owner fails to properly irrigate and maintain the landscaped buffer, then Schertz may give such owner or owners notice of such fact that such owner or owners must, within ten (10) days of the date of such notice, undertake the irrigation and maintenance required to restore the landscaped buffer to a safe, clean, and attractive condition as described in the Ordinance. Such clause should further provide that, in the event that any such owner or owners fails to fulfill his or their obligations within the ten (10) day period after the date of such notice, then Schertz shall have the right and power, but not the obligation, to perform such irrigation and maintenance, and the owner or owners of the property on which such irrigation and maintenance is performed shall, within ten (10) days after being billed by Schertz for such work, promptly reimburse Schertz for the cost of same. Additionally, the clause should provide that, in the event that the owner or owners fails to remit to Schertz the cost of such work within fifteen (15) days after the date of being billed for the same, then such unreimbursed cost, together with interest accruing at the highest lawful rate from time to time allowed by applicable law from the fifteenth day after the date of such bill until the date on which the same is paid, shall be and become, jointly and severally, a debt of such owner or owners payable to Schertz and shall be secured by a continuing lien against any such owner's or owners' property. (4) The second sentence in Section 4.3 (C) of the Ordinance should be revised to read "[a]ny platted lot of more than 250 front feet may, subject to the approval of the City, be granted Richard W. Harris February 10, 1987 Page 3 additional curb cuts provided the design thereof incorporates maximum determining the number the Schertz Parkway." traffic safety in of curb cuts and access to (5) The third sentence in Section 4.3(D) should be revised to recite that "[sluch exceptions may, subject to the approval of the Planning and Zoning Commission, be granted in residential developments or commercial developments." (6) Section 4.3(D) of the Ordinance further indicates that "[aluthorized accessory bui Iding [s 1, being placed in rear yards of residential developments abutting the Schertz Parkway right-of-way, must be screened from the Schertz Parkway by a minimum six-foot (6') fence or plants that provide an opaque cover." Schertz may deem it advisable to expand such section to indicate that "[a] 11 screens shall form a complete opaque screen and shall be of a minimum height of six feet (6') or the height of the object being screened, whichever is higher. The materials used for screening may be plants and/or solid materials consistent with other design elements and building materials on the property on which such accessory building is situated." (7) We assume that Schertz has reviewed and analyzed the impact Of the sign restrictions set forth in Section 4.3(E) of the Ordinance and that the same are acceptable to Schertz. i.e., the fifteen-foot height of special purpose signs is satisfactory, the location of special purpose signs in the center island of the entrance and exit to a development site is acceptable, the maximum height of twenty-five feet (25') for a business sign is satisfactory, and other such matters. (8) We assume that the "temporary signs" referenced in Section 4.3(E)(8) of the Ordinance are defined elsewhere in the remainder of the origina I Zoning Ordinance. I f not, Schertz may deem it advisable to define the term "temporary signs" in order to establish the time-frame for the erection and removal of same. Richard W. Harris February 10, 1987 Page 4 (9) With specific reference to Section 4.3(E)(11), Schertz may deem it advisable to include a provision requiring that the party erecting any "bandit signs" is responsible for the removal of same. Additionally, such section may indicate that, in the event that such signs are not removed within the allowable time-frame, then Schertz has the right and the authority, but not the obligation, to remove all such "bandit signs," and the cost and expense incurred by Schertz in connection with such removal shall be paid by the party who erected such "bandit signs" within fifteen (15) days after the date of a bill for such removal from Schertz to such party. The section should further provide that, in the event that any such party fails to make such payment within the pertinent fifteen (15) day period, then such amounts due to Schertz, together with interest on such amounts accruing at the maximum lawful rate from time to time allowed by applicable law from the fifteenth (15th) day after the date of the pertinent billing until the payment of same, shall be a debt of such party payable to Schertz and shall be secured by a continuing lien against any such party's property. (10) Schertz may a Iso deem it advi sable to expand Section 4.3(E)(11) to provide that "no 'bandit signs' are to be located on any property without the consent of the owner, lessee, agent, or occupant of such property." (11) Schertz may determine it desirable to expand Section 4.3(F) to provide that the cost of constructing the sidewalks required by the Ordinance are to be paid for by the respective owner on whose property such sidewalk, or any portion thereof, is or is to be situated. (12) Section 4.3(G) should be modified to provide that "Live Oak and Native Elm trees having a nominal caliper of eight inches (8") or more shall not be removed from the land within the District unless the prior approval of the City is obtained and except for one or more of [the reasons set forth in such Section]." Additionally, the final sentence in such section 4.3(G) should be modified to recite that "[s]ite plans shall accommodate existing trees by Richard W. Harris February 10, 1987 Page 5 providing islands in parking lots and landscaping surrounding structures." (13) Section 4.3(H) should be expanded to provide that no use is to be made of any property within the Overlay District for "adult only" book stores or theatres, or establishments in which, as a part of the entertainment or method of operation, patrons are exposed to nudity or partial nudity; any uses that are offensive by reason of odor, fumes, dust, smoke, heat, vibration, illumination, glare, noise, polution, electrical disturbances, radiation, drainage, or excavation; any uses which are hazardous by reason of excessive danger of fire or explosion; any uses which are in violation of the laws of the United States of America, the State of Texas, the City, any subdivision thereof, or any other governmental or quasi-governmental authority; or any uses which constitute a common law nuisance. (14) Schertz inclusion Other miscellaneous may determine to be in the Ordinance are: matters which desirable for (a) A requirement that all businesses operating within the Overlay District shall be responsible for providing adequate off-street parking for employees, visitors, and customers. Such provision may indicate that each business operation shall have not less than the minimum number of parking spaces required by the applicable City regulations. Further, such provision may provide that no parking or parking areas shall be permi tted wi thin the landscaped buffer described in Section 4.3(A) of the Ordinance. (b) The Ordinance may indicate that all loading and truck and trailer parking must be on each individual business operator's property and that on-street loading and/or parking is strictly prohibited. In this regard, the Ordinance may also indicate that all trucks, trailers, and other commercial or industrial vehicle Richard W. Harris February 10, 1987 Page 6 loading and parking the rear or sides screened from street areas shall be to of buildings and view. (c) Schertz may deem it desirable to incorporate a provision indicating that no materials, supplies, or equipment shall be stored, parked, or displayed on any property situated within the Overlay District other than areas located behind the building setback line referenced in Section 4.3(D) of the Ordinance. Such clause could also provide that all garbage and refuse containers shall be concealed by a combination of screening and proper placement behind buildings so that such containers cannot be seen from the Schertz Parkway. The screening requirements could be drafted to be similar to those set forth in paragraph (6) of this Memorandum. Additionally, such clause could indicate that no refuse collection areas shall be permitted in the front of any buildings located on any property within the Overlay District. (d) The Ordinance could also be revised to indicate that no radio or television towers, transmitters, discs, satellite dishes, or other such television or cable apparatus or equipment, or solar panels or similar apparatus, shall be erected, installed, or placed on any property located within the Overlay District unless the same are adequately screened from view from the Schertz Parkway and adj acent properties. (e) A section could be incorporated into the Ordinance which provides that no temporary building, improvement, or other structure shall be permitted on any property located within the Overlay District; however, trailers, temporary buildings, barricades, and the like shall be permitted for construction of Richard W. Harris February 10, 1987 Page 7 improvements only, in accordance with the applicable guidelines and regulations pertaining to such construction. Such section could also indicate that any such temporary structures placed on any property within the Overlay District during construction shall be placed as inconspicuously as possible and cause no inconvenience to the general public; further, such clause could indicate that any such temporary structures are to be removed not later than thirty (30) calendar days after the date of substantial completion of any buildings or other improvements on such property. (15) As noted with respect to any the contents of the have reviewed such Schertz of the same. in the January 6 Memorandum, public law issues relating to Ordinance, we assume that you Ordinance and have advised J.M.S. JMS:kl Attachment 27968 ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF , SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. ____~_______..__ OF THE CITY OF SCHERTZ BY ADDING A NEW SECTION TO ARTICLE XIX, ENTITLED "SPECIAL OVERLAY DISTRICT ,SCHERTZ PARKWAY", AND PROVIDING PENALTIES FOR VIOLATION OF IT'S PROVISIONS. zoning Scher.tz WHEREAS, the requirements are Par'kl~ay; and City Counc i 1 appl icable has determined additional to the property along the WHEREAS, the City Council has requirements contained herein are in the pub1 ic and citizens of Schertz; arid deter'm i ned the best. interest zoning of the WHEREAS, the appr'opr'iate publ ic hear'ings and notices have been had; NOW THEREFORE, BE IT ORDAINED BY THE' CITY COUNCIL OF "TII'- I I 110.... CiTY Oi" SCHERTZ, TI:.XAS: 1. THAT the Zon i ng Or'd i nance No. _______________., of the City of Schertz, Texas is hereby amended to incorporate Article XVI as fol101~S: ARTICLE XIX HEIGHT AND AREA SPECIAL CONSIDERATIONS Sect ion 4 Special Overlay District Schertz Parkl.ay 4.1 Creation and Location: The City Council hereby adopts and creates a special zoning district overlay classification designed for properties situated within 500 feet of the right-of- way of Schertz Parkway, betl~een IH 35 and Live Oak Road, within the City of Schertz, to be known as the Schertz Parkway Special Overlay Zoning District. The specific boundaries of the Schertz Parkway Spec i a1 Over' 1 ay D i str i ct ar.e sho..,n on the off i c i a1 map maintained in the office of the City Secretary of the City of Schertz. 4.2 Objective: The Schertz Par'kway Special Overlay District is created for the purpose of providing a safe through str'eet without excessive traffic signals, congestion and distractions, which includes protecting the natural environment and l~ater shed, and in turn providing an attractive entrance to the City. 4.3 Reauir'ements: To achieve the objective of the Schertz Parkway Special Overlay District, the following zoning r'equir'ements are establ ished for such District which are in addition to any other zoning requirements of general appl ication not inconsistent thereunder. a A. Landscaped Buffer' or' Scenic Easements: A continuous ten-foot ,~ide landscape bufFer or scenic easement will be pr'ovj ded cont i guous to the Scher.tz Parkway r. i ght-oF-way. Existing'trees, especially the Live Oak trees, will be preserved if at all possible. Trees, as necessary, will be planted so as to avoid allowing a dimension of 75 feet or less, measured ~ar'allel or concentr'ic to the ceroter'l ine 01' the Par'kway, to be void 01' a tree, I~ithin the mentioned ten-Foot width. In the event a tree trunk of an existing tree is located outside of said 10-Foot strip, but the tree canopy covers the desired area, such tr'ee can be cons i der'ed to meet th i s r'equ i r'elllent so long as the tree can be expected to remain in place. Both sides 01' the P ar'k"Iay will have such r'equ i r'ements, independent 01' each other'. TraFfic sight distance requirements at intersecting streets and dr'ivel'Iays, and street at maJor' dr ive~Iay widths may r'equ ire the 75-foot d1mension to vary in close proximity ~o such facilities. Trees situated within t~n feet of the pavement of Schertz Parkway may be removed ,.henever. sa i d tr'ee (s) i Inpede sa Fety requ i r'elnents For traffic sight distances. The landscaped bufFer area shall be modified and graded to blend with the right-oF-way planted with clean massing of low maintenance plant material. The grasses 'Jsed should be clump types and not over'ly aggr.essive. Native gF"aSSeS, SlJch as Nezpar Indiar. Ricegrass, sand lovegras5, side o~ts grama, bluegama are recommended with a mixture of wild flower seed. Irrigation of this landscaped buffer is encouraged and maintenance ,.ill nor'mal1y be the r'esponsibility 01' the owner. 8. Off-Street Parking: Parking will be permitted adjacent to the continuous landscaped buffer area along Schertz Par'k,.,ay. No par.k i ng will be per'm it ted on the Scher.tz Par'kway right-oF-way. All off-street parking spaces must be clearly marked and paved hard asphalt or concrete surface. C. Dr i veways and Access to Schertz Par'k'~ay: Each platted lot of 250 front feet or' less may be allo,.ed tOIO curb cuts. Any platted lot of more than 250 front feet may be granted additional cur'b cuts pr'ovided the design thereof incorporates maximum traffic safety in determining the number of curb cuts and access to Schertz Parkway. Each developer' shall submit his plan to the City for individual consideration. D. Building Setback Line: No building will be per'mitted within 30 feet of Schertz Par'k'~ay right-of-way. The required 30-foot building setback 1 ine may be adjusted by the PI ann i ng and Zon i ng Comm i ss i on ,.hen it is deter'm i ned the r'equir'ement is too restrictive. Such exceptions may be gr'anted in residential developments or commercial developments. E",cep t i on can on 1 y be gr'an ted ,~hen it is shown ther'e is undue hardship or extensive expense due to the contours of the land, dr'a i nage, tree or odd-Shaped lots. Author i zed accessory building, being placed in rear yards of residential developments abutt ing Schertz Parkway r. ight-of-,~ay, must be screened fr'orn Schertz Parkway by a minimum six (6') foot fence Or plants that pr'ov i de an opaque cover. -2- E. Sign Restrictions: No signs, banners, pennants or flags 01' any type, including char'itable services or appeals and political service or appeals, stlal1 be erected or maintained in the Dis~r'ict e:x:c>O'pt in confor'mity Iqith the follo..ing requirements or' other' r'equ i r'ements of the Zon i ng Or'd i nance of Iqh i ch tIle most restricting provision shall prevail: 1. Signs visible from the exterior of any building may be 1 ighted, but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, b1 ink or move in any animated fashion. 2. the perso~, firm, conducted on the site multi-tenant building to support individual Signs sl,all be r'estr'icted to adver.tising only company or. cor'pora t i on opera t i ng the 'Jse or' the pr'oduc t so 1 d or. pr'oduced ther'eon. A sign may be permitted on common pylon sign tenant identification signs. sur' face of such sign is 3. a wall either Signs painted directly on the exterior shall not be permitted unless the legend of recessed into or raised from the wall. 4. Special purpose signs and directional and tr',; I' I' i c con tr'o I s i g,'S must be ,;ppr'oved by the P 1 ann i ng and Zon i ng Commission prior to their construction. Special purpose signs shall be of low-profile type with a height not to exceed 15 feet. Special purpose signs may be used to announce an entrance to a maJor r'esidential or commercial development or proJect. Special pur'pose signs may be per'm i tted in the center island of the Entrance and exit 01' 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. 5. Each business or. other' user may maintain one sign not attached to the building. Such signs shall have a maximum height of 25 feet above the centerline of the Parkway, except in instances in which higher signs are made necessary or advisable, and any sign exceeding 200 square feet in area must be appr'oved by the PI ann i "g and Zon i ng Comm i ss i on pr i or to constr'uc t ion. 6. Oisplaying the flag of the United States of America and the Texas flag shall be permitted behind the required building setback 1 ine. 7. Temporary development signs, as defined elsewhere in the Zoning Ordinance, announcing or describing a legally approved subdivision of land development may be temporarily erected. Such signs must be located at least ten feet from any public driving surface. 8. Temporary signs announcement of pending development Or pr'em i ses or structur'e located ther'eon pertaining to the lease, rental or sale of sha 11 be per'm i t ted when -3- located on such pr'ernise or. structure. I ighted and must be located at least driving surFace. Such signs shall attractive at all times. Such signs shall not be ten Feet From any public be maintained and kept 9. No advertising vehicle, sign or bench sign shall be permitted. trailer, portable 10. Banner's and pennants may be permitted For a period not to exceed 30 days for grand openings only. 11. Dir'ectional signs, commonly r'efer'r'ed to as "bandit signs", identiFying ne.'I or special proJects shall be permitted. - Use of these signs shall be restricted to weekends between 3:00 P.M. Friday to 10:00 A.M. Monday and I imited to no I'ior'e than ten signs per' event. Such signs must be spaced ever'y 100 feet or more with size restricted to maximum 2 x 2 Feet. 12. All signs shall be perpetually maintained and present a fresh-lOOking appearance at all times. F. Sidewalks: Reinforced concrete sidewalks, Four feet wide. shall be required contiguous to Schertz Parkway, along the pr'oper'ty line un I ess the 1 at inquest i on has paved pedestr' i an access across the width of such lot between the roadway and the building/buildings. G. Natural Environment: Live Oak and Native Elm trees having a nominal cal iper of eight inches or more measured 24 inches above the existing ground level shall not be r'emoved from the land within the District except for one or more of the following reasons: 1. 1 imits of proposed so as to believe Foundation of the conF1 ict with the pruning is done. Such trees are horizontally located within the building, or so close to a proposed bUilding the root system would eventually damage the building, or the canopy of the tree would r'ooF system of the building aFter' ,,'easonab1e Site plans should accommodate existing trees by providing islands in parking lots and landscaping surrounding structures. H. Land Use: Sales and service activities may take place indoors or outdoors. 4.4 NonconFor'mity: NonconFor'ming users within the District ",ill be identiFied within 180 days aFter the eFFective date by the Planning and Zoning Commission and/or the City Building OfFicial. Appropriate action as identiFied in Article XXVII of the Zoning Ordinance will be taken to notiFy the responsible party or parties to repair or remove nonconForming users within . 90 days. The Commission shall have the authority to grant a time extension normally not to exceed an additional 90 days From the -4- or'igina1 notification and under' no cir'cumstances will a nonconfor'ming use be per'mi tted after' thr'ee year's from the effective date of this District. Should the responsible party Or' par'ties,j after' due notification, fail to corr'ect violations, the City shall cause such nonconformity to be corrected. The City may also file against the pr'oper'ty a mechanic's I ien in the amount of the cost of such work. II. THAT the penalty for shall be the same as prescribed the City of Schertz Ordinance No. the violation of this Ordinance in Article XXVII, Section 2 of III. SHOULD any see t i on or. prov i s i on 01' th i s Or'd i nance be declared by the courts to be unconstitutional or inval id, such decision shall not affect the validity of the Or'dinance as a whole or any part thereof other' than the part so declared to be unconstitutional or inva1 id. Approved on first reading the _____ day of _______________, 1986. PASSED, APPROVED AND ADOPTED the _____ day of _______________, 1986. -..-------- ---------------------- Mayor of Schertz, Texas Attest: City Secretar'Y, City of Schertz ------------------------------- (SEAL OF CITY) -5- FULBRIGHT & JAWORSKI 2200 InterFirst Plaza 300 Convent Street San Antonio, Texas 78205 MEMORANDUM TO: Richard W. Harris DATE: February 10, 1987 FROM: John M. Sudyka RE: Proposed Agreement Relating to Dedication of Street Right-of-Way and Construction of Street and Drainage Facilities to be executed by and among I-35 Partnership, Schertz 93, Ltd., Morton/Southwest Company, Live Oak, Ltd., and M B Properties, cOllectively, as "Owners"; and the City of Schertz, Texas, as "City" Pursuant to your instructions, and in accordance with the request of Mr. Jimmy Gilmore, City Manager for the City of Schertz ("Schertz"), we have reviewed the above-referenced Agreement Relating to Dedication of Street Right-Of-Way and Construction of Street and Drainage Facilities (the "Agreement"). For your convenience, a copy of the Agreement is attached to this Memorandum. In this regard, please note as follows: (1) The Agreement initially indicates that the Owners have previously "entered into an agreement wherein the Owners have agreed to construct and dedicate to [Schertz] a street extending from Maske Road to a proposed interchange on I.H. 35 according to plans and specifications prepared by Bain, McCrary, Bain Engineers & Surveyors, Inc. (formerly Henry Bain Engineers, Inc.) of San Antonio, Texas dated February 1986, jOb number C-0428, and the Owner's obligations in this regard are expressly conditioned upon [Schertz] performing [the obligations described in the Agreement]." We point out that we have not examined the prior agreement (the "Prior Document") reached between the Owners and Schertz in connection with the Owners' responsibility to build its portion of the pertinent roadway and are therefore unable to pass Richard R, Harris February 10, 1987 Page 2 upon any matters which may be raised by such Prior Document; however, inasmuch as the Agreement specifically recites that the Owners' obligations under the Prior Document are contingent upon Schertz performing its responsibi li ties under the Agreement, we suggest that the Prior Document should likewise indicate that Schertz' obligations under such Agreement are conditioned upon the Owners performing their responsibilities under the Prior Document. Accordingly, the Agreement should indicate that "reference is hereby made to the [Prior Document] such that the [Prior Document] is fully incorporated into the [Agreement] as if set forth verbatim herein." (2) We assume that Schertz has reviewed and approved the plans and specifications described in the Ag reement. Specifica lly, we assume that Schertz has evaluated the construction specifications referenced in such plans and specifications since Schertz is, pursuant to Section 1 of the Agreement, obligated to build its portion of the pertinent roadway so that such portion "meets the same specifications ". within ten (10) years from the date [of the Agreement]," In this regard, the Agreement should be expanded to provide that "reference is hereby made to the herein described plans and specifications such that the same shall be fully incorporated herein as if set forth verbatim herein." (3) Section 1 of the Agreement indicates that Schertz "will promptly acquire that portion of the right-of-way to the proposed street which is not to be dedicated by [the] Owners, specifically those portions between Maske Road and Live Oak Road, and through the Live Oak Subdivision [and]... will construct the street on the portion between the Maske Road and Live Oak Road before the expiration of one year from [the] date that the Owners complete the portion of the road from Maske Road to I.H. 35." We assume that the one year period afforded Schertz is an acceptable period in which Schertz will be able to acquire the relevant right-of-way and to construct its portion of the roadway. Additionally, in this regard, we assume that the Prior Document between the Owners and Schertz sets forth a deadline on or before which the Owners are to complete their responsibilities under such Prior Document. (4) Section 2 of the Agreement indicates that, due to construction of the proposed roadway, a mobile-home park will be prevented from access to the Richard R. Harris February 10, 1987 Page 3 water well presently serving such mobile-home park. Consequently, the Owners apparently plan to construct a water line within the proposed street and intend to require Schertz to extend water service to such mobile-home park. Schertz may therefore deem it advisable to establish (i) the minimum guidelines and specifications for the building of such water line and (ii) the obligation of the Owners to dedicate such water line to Schertz prior to the connection of such water line to Schertz' facilities. (5) Section 2 also indicates that Schertz agrees to extend the water line to the water line bui 1 t by the Owners "in a timely fashion so as to insure that such [mobile-home park] will at all times be served with water." We assume that the ability of Schertz to extend such water service coincides with the completion of construction by the Owners of the water line described in Section 2, i.e., that immediately upon completion of the water line by the Owners and the elimination of the water well as a source of water for the mobile-home park residents, Schertz will be able to connect such water line to its facilities "to insure that such [mobile-home park] will at all times be served with water." (6) In addition, Schertz' ability to furnish water service to the mobile-home park residents may be contingent upon the agreement of the mobile-home park residents to pay for the water services being extended by Schertz. Consequently, if no such agreement with the potential mobile-home park customers is in existence, Schertz' obligation to furnish water service should be conditional upon the execution of such an agreement. (7) Section 3 of the Agreement provides that Schertz is to implement a platting program and collect platting fees upon .. any property located wi thin 500 feet of the Schertz Parkway right-of-way situated within [Schertz] or its extraterritorial jurisdiction" in order to pay the Owners within a period of ten (10) years from the date of the Agreement for the costs, exclusive of interest, incurred by the Owners in designing, constructing, and dedicating the Owner's portion of the relevant roadway. Schertz may deem it desirable to incorporate a maximum amount which it will pay to the Owners in connection with such design, construction. and dedication. Additionally, by establishing a "cap" on the cost of such roadway, a Richard R. Harris February 10, 1987 Page 4 platting fee schedule analysis of the effect completed by Schertz, can be formulated and an of such platting fees may be (8) Sect ion 4 of the Agreement indicates that Schertz "acknowledges that the street is being constructed long before it is needed for the development of [the] Owners' properties and it would be unfair to consider [the] Owners' properties as available for development for commercial uses simply because of the existence of the street." We suggest that the phrase "it would be unfair" be deleted and that such sentence be revised to provide that "[Schertz] acknowledges that the street is being constructed long before it is needed for the development of the Owners' properties and that the existence of such street should not be used as a basis upon which to consider the Owners' properties as available for the development of commercial uses," (9) Insofar as the public law issues associated with the Agreement are concerned, we assume that you have reviewed the Agreement and have advised Schertz as to the implications of any such issues. J.M.S. 27978 ~GREEMENT RELATING TO DEDIC~TION OF STREET RIGHT-OF-WAY AND CONSTRUCTION OF STREET AND DRAINAGE FACILITIES WHEREAS, 1-35 PARTNERSHIP, a Texas limited partnership of which Jesse Hellums is Managing General Partner, SCHERTZ 93, LTD., a Texas limited partnership of which Larry Thomas Development Company, a Texas corporation, is sole General Partner, MORTON/SOUTHWEST COMPANY, a Texas corporation, LIVE OAK, LTD., a Texaa limited partnership of which Schertz Parkway, Inc., a Texas corporation is sole General Partner, and. M B PROPER~IES, a Texas limited partnership of which James F. Benedict and Mason L., Mathews are sole General Partners, (collectively hereinafter called "owners") have heretofore entered into an agreement wherein the owners have agreed to .construc~ and dedicate to the City of Schertz, Texas, (hereinafter called the "City") a street extending from Maske Road to a proposed interchange on I.H. 35 according to plans and specifications prepared by Bain, McCrary, Bain Engineers & Surveyors, Inc. (formerly Henry Bain Engineers, Inc.) of San Antonio, Texas, dated February 1986, job number C-0428, and Owners, obligations in this regard are expressly conditioned upon City performing the following in a timely manner at no cost to owners, which conditions the City wishes to fulfill, NOW, THEREFORE, in consideration of the aforesaid undertakings of owners and the mutual and covenants herein contained, City agrees as follows: 1. City will promptly acquire that portion of the right-of-way for the proposed street which is not to be dedicated by owners, specifically those portions between Maske Road and Live Oak Road, and through the Live Oak subdivision. The City will construct the street on the portion between Maske Road and Live Oak Road before the expiration of one (1) year from date that the owners complete the portion of the road from Maske Road to I.H. 35. City may! however, in this regard construct that portion of the street to be constructed by it initially as a low-water crossing street, but shall be obligated to upgrade it so that it meets the same specifications as that portion of the street constructed by owners within ten (10) years from date hereof. 2. owners and City contemplate that the portion of the street to be constructed by owners upon the land owned by 1-35 Partnership will effectively prevent the mobile-home park presently operated upon such tract from being served by the water well which presently serves it. owners propose to install a water line in such section of the street at the time the street is constructed. City hereby agrees to extend a city water line to the water line within the street abutting such tract in a timely fashion so as to ensure that such tract will at all times be served with water. Said water line to be sufficient in size to serve all of the owners' properties for commercial and70r multi-family development. 3. City will on or before the completion of the street adopt such ordinances as may be necessary to institute a platting program whereby any property located within 500 feet of the Schertz Parkway right of way situated within the city or its extraterritorial jurisdiction, including property not covered by the body of this agreement requiring the payment of platting fees which would reimburse owners within a period of ten (10) years from date hereof for the costs, exclusive of interest, incurred by them in designing, constructing and dedicating that portion of the street and related improvements contained with the aforementioned plans situated upon owners' properties. The platting fees collected on properties located between I.H. 35 and Maske Road shall be specifically allocated to the refunds due the owners. 4. The City acknowledges that the street is being constructed long before it is needed for the development of OWner's properties and it would be unfair to consider owners' properties as available for development for commercial uses simply because of the existence of the'street. Therefore, City will, to the extent appropriate, support the endeavors of OWners to obtain a proper valuation of the same. 5. This agreement shall inure to the benefit of City and owners and their successors and assigns. EXECUTED as of this _ day of , 1987. (SIGNATURES ON FOLLOWING PAGES) -2- 1-35 PARTNERSHIP, a Texas limited partnership, by its Managing General Partner: Jesse Hellums SCHERTZ 93, LTD., a Texas limited partnership, by its sole General Partner: Larry Thomas Development Company By: Larry Thomas, President MORTON/SOUTHWEST COMPANY By: Its: LIVE OAK, LTD, a Texas limited partnership, by its sole General Partner: Schertz Parkway, Inc. By: Joseph E. Brodiqan, President M B PROPERTIES, a Texas limited partnership, by its sole General Partners: James F. Benedict Mason L. Mathews -3- Attest: CITY OF SCHERTZ City Secretary By: , Mayor S'rATE OF TEXAS 5 5 5 COUNTY OF BEXAR day of Partner ship. This instrument was acknowledged before me on this ., 198 , by JESSE HELLUMS, Managing General on behalf of 1-35 Partnership, a Texas limited partner- My commission expires: Notary Public, State of Texas (type or print name) STATE OF TEXAS 5 S 5 COUNTY OF BEXAR This instrument was acknowledged before me on this day of , 198 , by WRY THOMAS, President of Larry Thomas Development Company, sole General Partner on behalf of Schertz 93, Ltd., a Texas limited partnership. My commission expires: Notary Public, State of Texas (type or print name) -4- STATE OF TEXAS s s s COUNTY OF'BEXAR day of This instrument was acknowledged before me on this ____ . ,198 ,by , of Morton/Southwest Company, a Texas corpo- on behalf of said corporation. ration, My commission expires: Notary Public, State of Texas (type or print name) STATE OF TEXAS s s s COUNTY OF BEXAR This instrument was acknowledged before me on this day of , 198 , by JOSEPH E. BRODIGAN, President of Schertz Parkway, Inc., a-orexas corporation, sole General Partner on behalf of LIVE OAK, LTD., a Texas limited partnership. My commission expires: Notary Public, State of Texas (type or print name) J;TATE OF TEXAS COUNTY OF BEXAR s s s This instrument was acknowledqed before me on this day of , 198 , by JAMES F. BENEDICT and MASONL:" MATHEWS, sole General Partners on behalf of M B Properties, a Texas limited partnership. My commission expires: Notary Public, State of Texas (type or print name) -5- STATE OF TEXAS s s s COUNTY OF BEXAR This instrument was acknowledged before me on this day of , 198 , by , Mayor of the City of Schertz, a municipal corporation, on behalf of said corporation. My commission expires: Notary Public, State of Texas (type or print name) , -6- , '"""' . 11-U=:: L.A.Fl2Fl2Y TI-lOI'V'l.A.S COI'V'IF'.A.NY 4011S0M ROAD SUITE 110 SAN ANTONIO, TEXAS 78216 (512) 349-1130 November 19, 1985 Mr. Jimmy Gilmore City Manager City of Schertz 1400 Live Oak Rd. P.o. Drawer I Schertz, TX 78154 Dear Mr. Gilmore: The following property owners consisting of individuals, partnerships or corporations have joined together for the purpose of committing to, and the development of, a street to be called Schertz Parkway running parallel with and to the west (or southwest) of F.M. 3009 from 1H-35 southward toward Live Oak Blvd: Entity 1-35 Partnership Schertz 93, Ltd. Morton Southwest Live Oak, Ltd. Representatives Jesse Hellums, Jack Gorman Larry Thomas, Don Ryden Sam Parnes David Johnson, Buddy Baxter The above four property owners own approximately 71.5% of the total frontage on the entire proposed roadway between I-H 35 and Live Oak Road in the city. As a group we have agreed to dedicate a full 86 foot right of way and to build a portion of the road (detailed description to follow) from 1-35 to Maske Road which is 87.4% of the entire road. -Each property owner is in effect paying to build the road through his own property plus an additional 22.1%. We would be paying for the frontage through the old Live Oak subdivision as well as the frontage or corner of the parkway on Maske Road. We hereby revise our proposal as follows: , Our commitment to build this road still has five contingencies: 1) That the city agrees to complete the remaining length of the road between Maske Road and the existing Live Oak Road within 12 months of the completion of the road from IH-35 to Maske Rd. Mr. Jimmy Gilmore November 19, 1985 Page Two 2) That the city be responsible for and obtain a written commitment from the Highway Department to incorporate an overpass at the intersection of IH-35 and Schertz Parkway into their plans, and that said overpass be constructed along with the widening of IH-35 through the City of Schertz. This commitment of intent to provide the overpass at IH-35 and Schertz Parkway must be received from the Highway Department by December 31, 1985. Such commitment may be within the limitation of the local District Engineers Authority to make commitments. In accordance with Mr. Richard D. Lockhart's letter of November 6, 1985 (a copy of which is attached), we will consider this cond~tion met when we have received a satisfactory evidence that Mr. Lockhart has made his recommendation to the Austin office. 3) That the city establish a platting fee program on the acreage on both sides of the new parkway and within 500 feet of the parkway to provide for priority distribution as follows: a. The recovery of the developer's initial cost. In the event the developers had not received their principal at the end of a ten-year period after completion of the road, the city's obligation to refund would cease, and the developers would no longer be entitled to any refunds. b. The remaining fees to go into a special designated fund to be used solely for the purpose of widening the road to four or five lanes as traffic warrants. 4) That the city make available to the development group/venture, at no cost to the group, whatever street right of way and drainage- easements are necessary for land not owned by the venture group. . 5. That the city council appoint a ten member special task force to study the zoning, land use, construction plans 'and modifications to existing zoning ordinances, with the purpose in mind to develop a special overlay district, with special platting fees for the property along the proposed Schertz Parkway. Also that the city agree to appoint a member representing each of the four property owners that are a part of the Schertz Parkway Joint Venture. Each of the four property owners may choose the person they want to represent them on this ten member task force. The property owners Mr. Jimmy Gi~ore November 19, 1985 Page Three appoint named case legal the following person and person to the committee is the alternate person would representative. alternate unable to have full in the event the attend. In such voting rights as Committee Member Jesse Hellums Larry Thomas Sam Parnes David Johnson Phone No. 494-0476 349-1130 655-4420 Alternate Jack Gorman Don Ryden (To be named later) Buddy Baxter The venture has hired the $ervices of Walter P. Moore and Associates, Inc., a consulting engineering and planning firm with a reputation for possessing a great deal of expertise in traffic control and planning. A copy of the Moore report is attached hereto. Based upon the results of that study, we would propose to build a 30 ft. wide roadway with a curb on one side. This would be striped for two lanes and would be sufficient to carry projected traffic for the next ten years. The design of the road would be such that the roadway could be widened to five lanes, with the center lane used for left turns only, when traffic warrants the expansion, or could be widened to a center curbed median four lane depending on prudent need at the time. We will will bring building. build a water line through the property provided the city water to the edge of the portion of the road we are We will individually review our own master plans and put future sewer crossings under the roadway to minimize cutting the road after it is constructed. Each property owner is prepared to put up Letters of Credit for the cost of the road and water line as outlined above, and commit to start construction within one year of the date the Highway Department commits to build the overpass. ' ; Assuming that this proceed to draft the further request that informed of our group's agreement is acceptable in concept, we will necessary documentation for your review. We you continuously keep the Highway Department efforts and interest. Mr. Jimmy Gilmore November 19, 1985 Page Four AGREEMENT IN CONCEPT Authorized Agent - Larry J. Thomas Schertz Parkway Joint Venture ACCEPTANCE OF THE CITY OF SCHERTZ City Manager - Jimmy G. Gilmore As Authorized by the City Council I i I ! r f FULBRIGHT & JAWORSKI 2200 IntBrFirst Plaza 300 Convent Street San Antonio. Texas 78205 Telephone: 512/224-5575 Houston Washington D. C. Austin San Antonio Dallas London Zurich February 11, 1987 RE: Schertz Parkway Special Overlay Zoning District Ms. June Krause City Secretary 1400 Live Oak Road Schertz, Texas 78154 Dear June: prepared Parkway. I have enclosed, for your review, by John M. Sudyka of our Firm copies of memoranda relating to Schertz Please do not hesitate to contact me if you have questions or comments concerning this matter. Very truly yours, RWH/mjw/339IE ) ,. ,I . ,/ v~./ Af ("c.t(tA4-' Richard W. Harris -;M,.j j Enclosures MESSENGER DELIVERY (fA ~-r{ .uF ~ ,~ Ij 'J ,... 'J-J-/ 2J.ul ~j ~ on 11M: GrO.. .....:!'~ ~.,-,. . ". r-~"';' t '"1'" ~ I ~ti"'t'. . ,;"-\l.~" u. tl\t.. ,..:.. 1400 LIVE OAK ROAD P.O. DRAWER I SCHERTZ. TEXAS 78154 AC (51Z) 658-7477 JIMMY G. GILMORE CITY MANAGER November 14, 1985 Mr. Larry J. Thomas The Larry Thomas Company 401 Isom Road, Suite 110 San Antonio, Texas 78216 RE: Yr 1tr dtd.10-21-85, Schertz Parkway Dear Mr. Thomas: The City Council has considered your Venture Group's proposal for the construction of Schertz Parkway, and agree in substance. Contingency 1 : The Council desires a date be set on a time frame corresponding to completion of your length of the road. Contingency 2: Agreeable. It is believed that the enclosed letter from Mr. Lockhart of the State Department of Highways and Public Transportation fulfills this contingency. Contingency 3: a. b. Council desires a 7 or 10 year time limit. Agreeable Contingency 4; Agreeable Contingency 5; Agreeable. Appoint g member committee. The Venture group to select 4 members of your group, City to appoint 5 members. If additional information is desired, please contact me. Sincerely, ,~ inmy G. ilmore ity Mana er JGG/jgk enc. . ~fY lIF ii!:!JJEJIf1 1400 LIVE OAK ROAD P.O. DRAWER I SCHERTZ, TEXAS 78154 AC (512) 658-7477 .n 'he GrOw ~'!:''''''.'~~ r-- -;...~ I .,- .-- -. ',:;r".. _....,:~" <ltlttt. \'\..l>."" JIMMY G. GILMORE CITY MANAGER November 14, 1985 ' Mr. Richard D. Lockhart District Design Engineer State Department of Highways and Public Transportation Post Office Box 29928 San Antonio, Texas 78284 RE: Yr 1tr dtd 11-6-85 Control 116-6-29 Dear Mr. Lockhart: Enclosed herewith are copies of letters of commitment from the major land owners concerned with the extension of Live Oak Road (Schertz Parkway) . The letters of commitment coupled with the City's resolution of funding commitment is the evidence you require, as stated in the referenced letter. It is therefore requested that a recommendation be submitted to your Austin office that the work on IH 35 include an interchange with the Schertz Parkway. Please keep me informed on the progress of this project. It is a pleasure to work with you toward achieving this goal. Sincerely, . immy G. Gi more ity Manag r JGG/jgk encs. ,,' FULBRIGHT & JAWORSKI 2200 InterFirst Plaza 300 Convent Street San Antonio, Texas 78205 MEMORANDUM TO: Richard W. Harris DATE: January 6, 1987 FROM: John M. Sudyka Re: Proposed a Texas "Special ordinance to be enacted by the City of municipal corporation, creating that Overlay District Schertz Parkway" Schertz, certain In accordance with your request, the above-mentioned ordinance (the "Ordinance") has been reviewed for purposes of generally evaluating the contents of such Ordinance. For your convenience, a copy of the Ordinance is attached to this Memorandum. In this regard, please note as follows: (1) The caption to the Ordinance indicates that it amends the Zoning Ordinance of the City of Schertz ("Schertz") by incorporating "a new section to Article XVI, entitled 'Special Overlay District Schertz Parkway', providing for special platting fees, penalty and repealing all ordinances in conflict." Because the Ordinance repeals all conflicting ordinances, a careful review of the remaining ordinances should be conducted in order to determine that the enactment of the pertinent Ordinance does not nullify any existing ordinances. Alternatively,. the phrase "and repealing all ordinances in conflict" could be deleted so as to limit such a potential adverse effect of the proposed Ordinance. (2) The introductory provisions of the Ordinance indicate that the proposed Ordinance is being suggested by the Planning and Zoning Commission pursuant to its required three-year review of the Schertz' Zoning Ordinance. A more Richard W. Harris January 6, 1987 Page 2 elaborate and extensive introduction may be desirable in order to set forth the valid underlying public policy requirements dictating the creation of the "Special Overlay District Schertz Parkway" (the "Overlay District"). (3) Section I of the Ordinance begins by indicating that the Schertz' Zoning Ordinance "is hereby amended as follows." In order to maintain accuracy, such phrase should be modified to read "is hereby amended to incorporate Article XVI as follows." (4) Section 4.1 of the Ordinance may be more appropriately drafted as follows: Creation and Location: The City Council hereby adopts and creates a special zoning district overlay classification designed for properties situated within 500 feet of the right-of-way of Schertz Parkway, between I.H. 35 and Live Oak Road, within the City of Schertz, to be known as the Schertz Parkway Special Overlay Zoning District. The specific boundaries of the Schertz Parkway Special Overlay District are shown on the official map maintained in the office of the Planning and Zoning Commission of the City of Schertz. (5) Section 4.2 of the Ordinance indicates that one of its purposes is to provide "aq attractive development site." The preceding phrase would appear to allow a variety of arguments to be advanced stating that, since one of the express purposes of the Ordinance is to enhance development, certain concessions need to be made with respect to the natural environment, construction needs, encouragement of businesses, and the like; accordingly, Schertz may prefer that such phrase be deleted or modified so as to underscore the public policy purpose behind the Ordinance. (6) Section 4.3 of the Ordinance indicates that the zoning requirements established in the Overlay District are in addition to any other zoning requirements of general. application not 2728B Richard W. Harris January 6, 1987 Page 3 inconsistent with the Overlay District requirements; however, the introductory title to the Ordinance indicate that the Ordinance repeals all ordinances in conflict. As noted above, such an apparent inconsistency could, in all likelihood, be rectified by deleting the phrase "and repealing all ordinances in conflict." (7) Section 4.3A provides for a ten-foot wide landscaped buffer adjacent to the Schertz Parkway. Schertz may wish to consider increasing such ten-foot buffer in order to provide for more "green-space" area along side the Schertz Parkway. The Ordinance also indicates that trees are to be planted within the ten-foot buffer within 75 feet of each other. Schertz may wish to consider reducing such 75-foot measurement in order to preserve more. trees and create more of a "natural entrance" into Schertz. (8) Section 4.38 appears to be somewhat unclear, i.e., such section indicates that "parking wi 11 be permitted adj acent to the continuous landscaped buffer area along Schertz Parkway," but "no parking wi 11 be permitted on the Schertz Parkway right-of-way." Addi tiona11y, with respect to such 4.38, Schertz should note that such section appears to contemplate residential driveways being "cut" into the Schertz Parkway. As a proposed thoroughfare from I.H. 35 into Schertz, the volume of traffic on such thoroughfare may not be conducive to cars driving into and backing out of residential driveways; consequently, Schertz may wish tq consider the viability of residences being built along the Schertz Parkway. Assuming that Schertz approves of such an arrangement, Section 4.38 also indicates that cars may be parked so as to utilize five feet of the ten-foot buffer referenced in Section 4. 3A of the Ordinance so lonq as a solid screen hedge at least three feet in height is provided. It appears that hedges being grown to "screen off" such residential driveways may also impact upon the safety of Schertz Parkway, i.e., cars backing out of such driveways potentially may be unable to see on-coming traffic. Further, if the requirement of a hedge is designed to "screen off" the parked vehicles from the view of persons travelling the Schertz Parkway, such hedges are, in accordance 2 72 88 Richard w. Harris January 6, 1987 Page 4 wi th Section 4. 3A of the Ordinance, "[not to] be situated within ten feet of the pavement of Schertz Parkway." Since parked cars may encroach five feet into the ten foot buffer, and hedges cannot be situated within such ten-foot buffer, five feet potentially remain open to view from persons travelling the Schertz Parkway. (9) Section 4.3C of the Ordinance, much like Section 4.3B, appears to contemplate driveways being "cut" into the Schertz Parkway. Such Section 4.3C indicates that a lot with at least 250 feet fronting the Schertz Parkway will be permitted two curb cuts and that a lot of more than 250 feet fronting the Schertz Parkway may be permitted additional curb cuts if "the design thereof incorporates maximum traffic safety in determining the number of curb cuts and access to Schertz Parkway." Section 4.3C also indicates that "each free-standing business on a given lot shall be entitled to one additional curb cut," thereby presenting the possibility that a lot of 250 feet or less fronting the Schertz Parkway which is utilized for a free-standing business is permitted three curb cuts (without regard to traffic safety and other considerations affecting the same). (10) Section 4.3D of the Ordinance establishes a 30-foot set back requirement for the construction of buildings upon property fronting the Schertz Parkway. Such Section 4. 3D additionally indicates that "authorized accessory building[s], being placed in rear yards o~ residential developments abutting Schertz Parkway right-of-way, must have screens as provided for in Section F." In this regard, Schertz may wish to consider the desirability of increasing such 30-foot set back requirement. It should also be noted that Section F of the Ordinance deals with the construction of sidewalks along Schertz Parkway and does not create any screening requirements. (11) with respect to Section 4.3E of the Ordinance, such Section 4.3E (dealing with sign restrictions) should be compared to Schertz. Sign and Billboard Ordinance in order to determine whether the ordinances are consistent with one another. In this regard. Section 4.3E appears to 27288 Richard W. Harris January 6, 1987 Page 5 be "developer oriented" rather than intended to create a "scenic area." Accordingly, Schertz may determine it to be advisable to redraft such Section 4.3E in order to reduce the visual impact of the potential billboards and signs which Section 4.3E allows to be placed along the Schertz Parkway, e.g., special purpose signs "with a height normal[ly] not to exceed 15 feet," business signs (two per business) not exceeding "a maximum feet of 25 feet above the center line of the [Schertz] Parkway," directional signs placed during permissible hours, and other such signs as permitted by Section 4.3E. (12) Schertz may also deem it desirable to review the provisions of Section 4.3G in order to determine the impact of same upon the continued existence of trees situated along the proposed Schertz Parkway right-of-way. In this regard, such Section 4.3G provides that "the existence of any tree of any size shall not limit a lot owner in the location of buildings," thereby effectively giving an owner free license to remove trees. (13) Schertz may wish to consider the desirability of allowing outdoor sales and service activities along Schertz Parkway as permitted by Section 4.3H. It may be advisable to place some limitations upon those acti vi ties which may occur outdoors, i.e., no "sidewalk sales" may be allowed, licenses from the City Council must be obtained prior to conducting any outdoor sale or service activity, or similar suc~ limitations. (14) Schertz may wish to review the effect of Section II as contained in the Ordinance and analyze the increased costs being imposed upon any development fronting the Schertz Parkway. (15) Section III of the proposed Ordinance indicates that the penalty for violation of the Ordinance is the same as prescribed in Article XXV, Section 2. Accordingly, such Article XXV, Section 2, should be reviewed in order to determine the acceptability of such penalty. (16) Other miscellaneous Schertz may determine to be insertion into the Ordinance are: matters which desi rable for 27288 Richard W. Harris January 6, 1987 Page 6 (a) A paragraph may be included which indicates that the land located within the boundary of the Overlay District will also be designated as being within one of the regular zoning districts listed in the Schertz Zoning Ordinance. Such paragraph may provide that, generally, uses permitted will be those permitted in the particular zoning district (residence, business or industry) in which the land is situated, subject to all requirements of the Ordinance for that particular use and district; however, some uses that would otherwise be permitted in the zoning district in which the land is located are not allowed in the Overlay District. (b) The Ordinance may reci te that no use is to be made of any property within the Overlay District which includes outside amplification except as may be allowed by the Ordinance. Additionally, the Ordinance may recite that no commercial or private establishment in the Overlay District shall be allowed in which, as a part of the entertainment or method of operation, patrons are exposed to nudity or partial nudity. (c) Although the Ordinance references screening requi rements which are to be effected within the Overlay District, no such screening requirements are provided. As a consequence, a section dealing with the imposition of such screening requirements needs to be drafted and inserted in such Ordinance. In addition, the Ordinance may require that no garbage or trash storage should be visible from the Schertz Parkway. (d) It may be desirable incorporate a paragraph reciting if any section or phrase of Ordinance is held unconstitutional to that the or 27288 Richard W. Harris January 6, 1987 Page 7 illegal, the same shall not affect the validity of the remaining portions of the Ordinance. (17) Please note that, with respect to the municipal law issues associated with the Ordinance, it is the undersigned's understanding that you have reviewed the same and will advise Schertz of any matters concerning the same. J.M.S. ~fIl* 2 728 B I ,.II_IIIII;flll 122 East Byrd P. O. Box 2789 Universal City, Texas 78148 (512) 658-7424 PUBLISHER'S AFFIDAVIT (COUNTY OF BEXAR) (STATE OF TEXAS) I, Lori Robinson, authorized representative of the HERALD NEWSPAPER GROUP, do solemnly swear that the notice, a printed copy of which is hereto attached, was published once a week for 1 consecutive weekes) in the HERALD-NEWS published at Universal City, Bexar County, Texas on the following daters), to wit: Feb. 26th A.D., 1987 ~: fit;".~ . " HERALD NEWSPAPER GROUP ' Subscribed and sworn to before met this My commission expires 20 October 1990 27th day of Feb , 1987 ~Jl/I~~ Notary Public in and for Bexar County, Texas (NOTARY SEAL) .. ?'.fi!, ICIi::!r..o Ioir.jQIi:.E-< ,I4Q~lOl!" " "tL.~ .IO~O<~O~~;~~lf~~ iiI ~. Qr.. oo~:><~~~OE-<ll.. 0 . ~!i ii10 ~z",lQfI1 ~..l~N \:l ~~ ~ ~M~ .la{j!I:!<~r.1slo::l(l>r::~ 5 ~:.~~E'I,I~I~~a~S~Sf~if l~ ~i It l=il,Ii., ~i lU 11I1 t.h l8 A Division of Harte-Hanks Communications, Inc.